The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-26

Wiloon, NJ c., June 25.-The conclusion
of the taking of testimony in the Jones
murder trial, both by the State and de-
Tense, came as surprise to all. It had
been rumored that considerable portion
of todays sessions would be consumed in
the further taking of testimony and no
one was prepared. to hear it announced
at ten o'clock by both sides that no furth-
er testimony would be offered. The argu-
nnent was at once begun for the State by
Solicitor Daniels.
The afternoon session was consumed by
Messrs. F. A. Woodard for the defense
and ]. r. UzzelI for the State. Both made
forcible. clear-cut speeches, which were
listened to with much interest by large
crowd. AS the case draws near close
interest has been renewed and specula-
tion as to verdict are in order.
Court opened with John Allen on the
stand. His cross-examination was taken
up by Mr.. Uzzell.
@. did you go to Geo. Morgan's room
about 1880 on the hight Jones was
killed?"
A. "Yes. / struck a match near Nor
gan's room so l could see the key hole"
@. Was it dark In the hall?"
A. Yes, there was no light burning.
O. Ibid you tell Mayor Herring that
you were the second man in Jones room?"
A. Il do not remember"
Q. Ibid you tell Mayor Herring that
the man who shot Jones shot your
A. Il do not remember. / think Mayor
Herring said, The man who shot Jones
shot you. .
Q. 4Who was In the room when you
were talking to the mayor"
A. "Mr. Marshbourne and several 9th
ers.''
@. (By Mr.. Jno. E. Woodard) Did
Mayor Herring show you bullet?"
A. yes. He took bullet out of his
pocket and said this is the bullet which
shot you
@. Did Mayor Herring make any prom
ises to your"
A. Yes He said / was shot and could
not get out OF it, and if / would make
a statement my name should not be
used
Mr.. Spruill requested that States counsel
be allowed to discuss the competency OF
John Aliens statement. The jury was
taken out of the room.
Mr.. Spruill argued that John Allen made
a voluntary statement, not under prom
ise but with an assurance that his name
would not be divulged He argued furth-
er that the reason Allen did not want to
make a statement was because he was
afraid of his co-conspirators and after
Allen had been assured that his name
would not be diyulged he gave list OF
thirteen conspirators. Mr.. Spruill argued
that the evidence was competent. Mr.
Spruill argued that when Allen made his
statement yesterday his counsel asked him
il that was all which occurred between
himself and Mayor Herring and that Al
len said it was, therefore he thought 1T
competent for the State to refresh the
witness mind on some points winch he
had left out.
The court ruled that any reference to
statement made by Allen after Mayor
Herring's promise was incompetent and
that cross-examination on this point would
not be permissible.
Perry Taylor a States witness, was
recalled by the defense and asked to
show his hat to the jury which was
broken on the side State objects and OBJ
lection sustained, exception noted
AT the request of S. A. Woodard he
was permitted to send for two hats owned
by Morgan. Permission was granted and
the hats. were exhibited in court
J. H. Marshbourne, Chief of Police,
being sworn said he knew John Allen and
that until this affair his character was
good.
On cross-examination by Mr.. Daniels
witness said he knew r. D. Alley and w.
w. Barnes and that their general charac-
ter was good.
]. NJ. Leath was recalled by the State
and said that there was a light on the