The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-18
HEARD ON APPEAL
Will UtIey be Granted a New
Trial?
Matter Argued Before Supreme Court Today
His Attorneys Say That Uley Shot in
Self Defence

The case of Ed. l.. Utley, under SEN
tence of twenty years for the murder OF
| TEeo b. Hollingsworth, came up on APP
peal and was argued before the Supreme
| Court yesterday. There was a full
Bench, Chief Justice Walter Clark and
Justices Douglas. Montgomery, Conner
and Walker being present and sitting:
The defendant Utley was represented
| by Judge Thos. H. Sutton, of Fayette-
ville and Col. Jno w. Hinsdale of this
| city, and the State by Attorney General
| Gilmer and Messrs II. l.. Cook and n. A.
Sinclair.
The contention Of the defense was that
Utley had right to shoot, for, before he
shot, the dead man, Hollingsworth, had
presented his pistol and would have fired
but his gun, hammerless one, was
locked and he did not succeed in I'M
locking same before Utley had time to
draw his gun and fire in his own defense.
1t was also contended that the evidence
showed no malice on the part of Utley
but instead pleasantly Hollingsworth
and Utley were friends. Utley was a
guest at the hotel and what the State
calls a threat was Utley's words: 81 in
tend to have Old Cascarets discharged
before morning for not cashng my
check In explanation of the term, "Old
Cascarets," as applied by Utley, Judge
Sutton stated to the News and Obser-
YER reporter, that Mr.. Matthews, the
manager of the hotel. had given this
nickname to Mr.. Hollingsworth, because
he worked while others slept" and was
used playfully by the defendant Utley
The State argued the statement implied
threat to kill as subsequent results
showed and contended it was at least
murder in the second degree and might
be murder in the first degree, as Utley
was mad with Hollingsworth because he
did not cash his check. Just when the
decision will be rendered is not known
but the public awaits the finding of the
court with interest.
1t will be recalled that Utley shot Hol-
lingsworth, the night clerk at the Hotel
Lafayette in Fayetteville, some months
ago, was tried before the Superior Court,
for Cumberland county, found guilty of
murder In the second degree, and SEN
fenced to the States Prison for a term of
twenty years. That prior to his trial
Utley, in person ard through his attor-
neys was given a hearing before JUS
tees Conner and Walker on petition in
habeas corpus proceedings, which appli-
cation being denied and his case having
been heard in the Superior Court, guilt
established and sentence imposed, he APP
pealed from the judgment and perfected
the appeal which was called yesterday.
The case at the time of the shooting
ard later before the Superior Court, and
still later when Utley mysteriously dis
appeared from the Cumberland county
jail, and as unexpectedly delivered him
self again to the authorities, attracted
considerable attention.
Both parties to the awful tragedy were
prominent in the social world. Utley
himself is an attractive man of educa-
ton. of culture and refinement and is
possessed of considerable wealth. His
attorneys are among the States best ami
will spare no efforts to secure for the
defendant a new trial. Judge Sutton and
Messrs Cook and Sinclair will return
to Fayetteville today.