The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-27

hours OF the night. He has led stfen-
uous life for sixty years, / grant you, but
during all these years his nelghbors say
he has lived an honest life, brave hfe.
There has been no evidence produced
which connects Ward with this killing.
Nv, Fl. Rich is also charged with TINS
killing. Look at the men who have come
here To swear to his truth, to his integrity,
and to his good character When these
men who have known him for years come
here and tell you that he is a man OF truth
can you doubt him when he comes here
and tells you that he knows nothing about
the killing? Is there any evidence against
him? No. There is nothing IN the eyI-
denee tending to show that he made an
effort to conceal his movements on the
night of the killing, either before or after
the shooting took place He went with
i Allen to the sanitarium just as any good
/ friend would have done. There IS no EVIL
dence that he was ever in conspiracy to
do Jones an injury. What he did was ty-
pical of the true manly man which he IS.
He makes no effort to conceal anything
from you. Rich tells you that he did not
have his pistol on the night Jones was
killed He tells you that the nurse in
the sanitarium was mistaken when she
said she saw a pistol in his possession In
| the bath room.
| What is the evidence against Morgan?"
There is not particle of testimony, ex-
| cept that of Bill Barnes, which in any
way tends to connect Morgan with the
killing.
What about Whitley? 1t is in evidence
that Whitley went to Jones room at the
! .~fa og ~ Fr,o a., A
going up there Jones swore out peace
warrant and Whitley being drunk made
threats.
What about Jno Allen? He runs bar
room, but there are men in Wilson who
own and run bar-rooms whom
! would believe on the stand as soon as /
would any man in Wilson. He tells you
why he was near Jones room. Gentle
men, who killed Jones? No one has testi-
fed that single one went up the stairs,
but one of the States witnesses testified
that he heard some one running off the
roof of his room. A man was seen run
ming across the street. No one knows who
this man was. Jones was shot with a pis-
toll and Allen claims that he was shot with
rifle.
Gentlemen, you vii get the law from
His Honor, while the evidence you got
from the witnesses. 1t is important that
you punish crime but the liberty of the
defendants is important to them. They
are entitled to and will receive at the hands
of this jury verdict of justice, and unless
you are satisfied beyond a reasonable
doubt that they are guilty you will, Il
know, render your verdict accordingly"
Mr. Woodard's speech was an~able pre-
sentation of the case from the defendants
standpoint He quoted during the prog
ress Of his speech some points of law per-
tanning to circumstantial evidence which
were clear cut and to the point.
At the conclusion of Mr.. Woodlands
speech Judge Shaw allowed delay of a.
few minutes in order that the jury might
have few moments rest.
ARGUMENT BY MR.. COMMON.
Mr. G. w. Conner followed for the de-
Tense He said in part:
II will not go over the evidence which
has been so ably done by Mr.. Woodland.
There is not lawyer in Wilson who does
not deplore the killing of Percy Jones. 1t
was either due to deplorable accident
or it was a murder The knowledge came
that a horrible crime was committed inl
the Friar building in the center of the
town. There was indignation over the
killing, and well there might have been
On the night OF the killing crowd gather
ed around the scene of the killing. The
mayor was sent for and he set his nets for
the perpetrators, and before morning all
those who were in the vicinity were ar
rested What is the evidence in this case?
There has been too much theory. What
you want are facts, not theory. There
has already been too much theory brought
forward What you form your verdict
from gentlemen are the facts. What are
the facts? The first claim by the State is
was that there was a conspiracy, a horrible
conspiracy to undermine the law. The
State places its argument on the drunken
mutterings of Geo Whitley. The State
has produced no witness to prove that
Geo. Whitley got up a conspiracy to whip
any one. The State has not proved that
any of the other defendants knew that
drunken Geo Whitley was going around
making threats They could not prove
this, so an effort was made to show that
| these men congregated on Goldsboro
street on the night previous to the shoot
| ing. This is a natural condition. these
men work on Goldsboro street and it is
natural for them to be there. The State
| has accused Rich OF having black jacks,
when the evidence is that he did not take
the black jack because they were too
large. Rich did not deny any OF his move
ments on the night of the killing The
State seeing that their case was losing on
account of the lack of evidence to boost
up their theory decided that they must
have more evidence They found this at
ter promising that Bill Barnes would not
be hurt. In Barnes they found the man
they wanted. He wanted to get out of
Jail and had the tale to get him out all
ready when he approached.
THE question then, gentlemen, is who
shall you believe in this case Whether
you shall believe man like Bill Barnes
or w. II. Rich. man who has friends
from far away towns to come here and
testify to his good character There is not
a single one of Rich's statements. which
is not probable and possible. Gentlemen
you are not here to convict men on theory