The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-26
(Special to The MesSenger.)

Wilson, n. c., June 22.-After court
had been opened and the performances
dispensed with, Mr.. F. A. Woodland
arose and addressed the court. He
said that he would like to make a state
ment as to the action of the court on
Saturday with reference to Luther
Barnes. Judge Shaw said that no
| remarks would be allowed in the pres
ence of the jury. Mr.. Woodland claimed
that Barnes was put under bond in the
presence of the jury. His Honor said
that this was not the case, that no part
of the Barnes incident took place in
the presence of the jury and no men
ton of the matter would now be allow
ed in their presence.
At the request of Mr.. F. A Woodland
The court ordered the jury from he
room and then instructed Mr.. Woodland
that he would hear his statement. Mr..
Woodland stated that Mr.. Barnes was in
court under bond, and that if there
was anything to be don in the matter
he would like to have it done now. He
stated further that Mr.. Barnes could
prove a good character by the best peo-
pie IL Wilson, and hat he thought it
an injustice to him to have the matter
put off. Mr.. Woodland said further that
he did not recall any material discrep-
ancy in witness Barnes testimony.
Judge Shaw replied, Il DO. There is
ness Barnes, made by the counsel for
the state n a discrepancy between
witness Barnes and witness Peoples.
Defendants counsel objected to the
testimony because there was a discrep-
ancy, and, the objection was allowed.
His Honor said further: My order,
as to Barnes, simply meant that the
matter ought to be Investigated, and
that L would do SO at the proper time,
that my action did not mean that
Barnes was guilty of perjury but that
all 1t meant was that it ought to be in
Vestigated which would be lone at the
proper time"
Mr.. ). A. Woodland arose to address
the court further regarding the Barnes
incident but his Honor ruled that a
further discussion of the matter was
not in order, but that it would be taken
up at the proper time"
Nhen court convened it had come
10 the knowledge of the court that ore
OF the jurors was sick. Officer of the
JDry Branch Paschall, was called TO
the bench and explained that the juror
h. H. Lilies. had been complaining and
that he had called DR.. w. s. Anderson
to see him. The court ordered DR.. An
deTSon to make a statement as to the
condition of the jury but the doctor not
being in court recess was taken until
II o'clock, so that the condition of the
juror might be looked into.
When court was convened at II, DR..
w. ). Anderson stated that juror Lilies
was not in a condition to go on with the
trial, and an adjournment was ordered
until 230 in the afternoon.
CASE Is RESUMED.
When court was convened Juror Lilies
expressed his fitness to go On with the
trlal. Wiley Dixon beng sworn said:
on the night of the killing I was be
low the railroad near the depot. I went
TO Aliens bar and saw he and Rich
talking. Rich made a statement about !
.cSiMg ms sun. but did not understand
g I'hat he referred. This conversation
took place about 10 o'clock at night. On !
cross-eXamination it. was brought
that the conversation took place openly
so all could have heard. /
@. P. Bryant being sworn said: Il
went to the Jail on the Sunday follow
ing Rich's arrest and heard him say
that he spoke to Policeman Shaken
berg on Branch's cotton yard the night
of the killing. He made that statement
of his own accord. He made another
statement in my presence"
j.. B. Lemons being sworn said: lon