The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-18
Court Finds No Evidence of
Criminal Assault.
ANOTHER HUGE THRONG
Justice Reid Did Not Enforce Order 10 Exclude
All but Those Concerned--- Trial Lasted
From Ten A. M. Until Half
Past Three.

Arthur Gooch. Joe Smith and Will Putrey
for criminal assault upon a fourteen
year-old girl was heard.
Here is the result: 1T is the jpdS-
ment of the court that We find no evil
dence as to the charge on the warrant.
1t began at ten o'clock in the morning,
and at a quarter past one recess was
taken for dinner until half past two.
Then in the afternoon another hour was
consumed. Most of the time was taken
up in examining witnesses for the prose-
cution. Only two witnesses were called
to the stand for the defense.
Another tremendous crowd throngcd
the court room again yesterday all during
the hearing, but the space inside the bar
was kept much more clear than on the
day before.
Magistrates Reid and Womble, who sat
In the case, had issued a notice that all
persons would be excluded from the court
room, except those directly connected
with the case, counsel, officers of the
court and newspaper reporters. but the
Solicitor did not think it would be ad-
visible 10 tH1OTIt tHdI UTucI, anu lilt
constable, too, was unwilling to carry 1t
out.
However, according to Col. ]. G. L.
Harris, the law gives the judge of any
court of that kind entire discretion in
the conduct of a case. He has the right
to exclude spectators If for any reason
he desires to do so, or he may clear the
court room at any time he NAV see fit.
~ - -
the lawyers on each side, the parties to
the case, the Judge court officers and
perhaps newspaper men, constitute pub
licity, Col. Harris holds therefore, that
Justice Reid would have had perfect
right to enforce his order, and that it
would have been most commendable
action for the sake of public decency. rs
it was there were many boys and youths
in the crowd, who managed to remain
inside under cover of the tremendous
throng, Notwithstanding an effort was
made to keep out all boys under q years
of age. Keeping out the whole crowd,
Colonel Harris considers. would have been
conducive to the best public interests
and would have roycnted the gratifying
of morbid curiosity.
And not only Colonel Harris upheld
Justice Reid in his order, but Col. T. N.
Argo also. and other lawyers of this city
On the other hand, other well known
lawyers, among them Mr. S. F. Mordecai
and Mr.. B. C. Beckwith, hold that judge
can only exclude minors and any other
persons who may be especially obJec-
tionable, but that he has no authority
to exclude the public at large. He can
order the court cleared in cases where
the business of the court for any rea-
son Is being hindered such as when a
crowd becomes noisy or causes too much
heat in the room.
However whatever the law may be on
the subject or whether or not Magistrate
Reid had the right to issue his order, il
was not enforced. But there was no
disorder of any kind. The crowd was an
orderly one.
The witnesses were separated. that is,
they were all kept outside the court
room and were sent for as they were
called upon to give testimony.
The attorneys who appeared were
Messrs. Armistead Jones and w b.
Jones for the State. and for the defend
ants Colonel Harris and Messrs. Argo &
Shatfer.
The following witnesses were examined
for the State:
The girl, Autrey ONeill. who charged
Arthur Gooch, Joe Smith and VIII Futuey
with criminal assault on the night OF
Friday. April 10TH few hundred yards
from the Soldiers Home. She was on
the stand about an hour and half.
Mrs. William O'Neill, mother of the
girl, who testified, as the girl herself
had done. that Autrey was fourteen
-. yo..N Nau ,l.,t.
Mr.. Barnes, an inmate of the Soldiers
Home from Robeson who told of hearing
screams and cries on that night and of
visiting the spot the next day and finding
evidences of a struggle and ribbon and
some bows
William O'Neill. father of the girl.
Here the State rested, and Colonel
Harris said he thought it had appeared
that the State had failed utterly to make
out case from the testimony. and Il
the Justices were satisfied that there
was no case. he thought for the sake of
hecency that the hoar;ng should be
stopped. He saw no necessity of examin
ing any more witnesses
Solicitor Jones submitted that no con-
sidered the State had made out a case
Justice Reid said the court wanted
everything that was to be brought out
to come out
The court then adjourned, at quarter
past one, until 2:30.
After dinner Solicitor Jones put Mr..
Fab Honeycutt the stand He had
seen the girl very often, but had never
heard anything against her until this
case came UP.
He knew nothing of her habits and as