The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-23

the murder case against s. H. Terry
will be tried in New Hanover county.
but this decision will be reached today
and viii probably nOt permit a removal,
as it is quite serious to think of
u county that twelve jurors cannot bel
obtained who will not allow public
sentiment to prejudice and force their
minds to a verdict Of either guilty or
not guilty contrary to the weight of
evidence. However, a continuance may
yet be obtained and such would very
likely be the right course to pursue.
Counsel for the Terry defence are.
making strong efforts to have it remov-I
cd to an adjacent county and counsel.
representing the state are working just
as strong in opposition.
Yesterday afternoon in the SUPERIOR
court Judge George H. Brown. heard
the motion for removal. which was
lodged by Marsden BelIamy, Esq, and
supported by Il number Of afttdavits.
He first presented the affidavit of the
defendant. which was as follows:
State of North Carolina,
New Hanover County.
Affidavit for Removal.
State vs.. s. H. Terry.
The defendant, 5. H. Terry. makes
oath that he cannot obtain a fair and
impartial trial i'll the County of New
Hanover, for the reason hereinafter set
forth.
He is charged with murder in the
first degree arising out of d homicide
which occurred so recently as the 9Th
day of the present month.
He is Il person of limited means and
has not been able to procure counsel
until the last few days. The homicide,
as he is Informed and believes. has
created great excitement in this county
and the prejudice is substantially uni
VersaI against the prisoner. The
t. consists almost entirely of the City
of Wilmington where three daily news
papers are published; all three of these
papers the homicide in great
headlines and statements. ~prejudiciai
TO the prisoner and calculated to pro-
duce a general belief. that he is guilty
of p~remeditated homicide, amounting to
murder in the first degree. Among the
statements amounting to editorial al
legations were assertions which are
untrue in fact. but which if true. would
be most prejudiciaI and fatal to the
prisoner. Some of these newspaper as
sertiOns were such a. follows: y mar
rative which amounted in substance to
an allegation. that the prisoner sought,
the deceased with premeditated purpose
TO kill; that the deceased did not draw
his pistol until the atfiant fired. or at
least until the atfidut saw that this aft
ant was trying 10 kill him.
In one Of the articles. III one of the
papers. were two allegations in famingI
headlines. that the ]cOroner's jury had
pronounced this dfiiant guilty Of muir
der. whereas in truth said jury hadI
found no verdict nor any fact, that was
or is. inconsistent with the innOcenceI
of this atfiaut.
In another of said daily papers.
among many expressions and head lines
prejudicidI TO this prisoner. VAS an eN-I
preston of editorial opinion TO the er
f~ectsthdt this prisoners claim that he
was fired At by deceased seemed TO be
poorly supported and that the ~coroner's
jury were unanimous in their opinion
that the deceased did not fra
These daily papers circulate all OVeri
said city ana throughout the rural dis
trict adjacent To the city and county of
New Hanover. These newspaper ac-|
counts of the homicide have created a
strong and bitter feeling against this
prisoner and 4 general popular OnVic-
lion hat he is guilty as charged in the
bill OF Indictment. Such popular cor
Victiou is found ana al p~ervading
throughout this county. Many persons
styling themselves friends d the de-
ceased. have been exceedingly active in
prejudiciug public sentiment against
me. Immediately after the homicide
there were as attiant IS Informed and be-
lieVeS and i satisfied he can prove.
many threats OF IynchinE. Many men
of more or less Influence We're heard TO
say that this atfiduJ ought to be lynch
ed unto death. \ not i~Htrequent eX-
preston among men was. that # the
citizens were men enough. they w0uId
take affiiant out of jail and kill aim.
Other frequent expressions as aftiant
is Informed and believes have been &c
the effect that if this affiiant should
be acquitted. he ought TO be and would
be Iynched.
This atfiant is informed and believes
and on such information and belief
charges and alleges that many of the
friends of the deceased have for many
days been actively engaged in canvass
ing the city of Wilmington soliciting
funds from its citizens with which Il
prosecute this affiant: that said sub.
scriptiOn paper has been generally