The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-23
Especial TO The Messenger.)

Wilson. y. G., June 19.-Intarast in
the Jones murder trial has been on the
increase here since yesterday, n to-
day long before the hour of opening
court a large CROWD was present TO
hear the beginning Of the case wnich
has attracted SO much attention.. By
Ian order of the sheriff no one vas al
lowed to come into the court room ex-
icept members of the special venire or
idered returnable today. Promptly at
half past nin court was ~convena1. Be
fore the case WIS taken up Solicitor
Daniel announced to the court that Il
was the purpose of the state to try rnly
one Of the defendants, Gill D. Ward
for murder in the first degree, and the
other defendants. Rich. Allen, Morgan
land Whitley would be tried for murder
i'm the second degree.
Mr.. Jno. f. Woodland moved that the
lease be continued because of the fact
that Solicitor Daniels had announced in
Iopen court that the five defendants
would be tried for murder in the first
degree that the defendants counsel had
prepared their case with the idea tina
the charge would be murder in the first
degree and that it Would tend TO pre-
ljudice the case Of the defendants to
this change made. He further
Iargued that the state would not have
had the right to have this ven!re sum-
moned if the charge had been second
degree murder and that it was not just
to the defendants to thus take them by
surprise.
Judge Shaw announced that it was
the right Of the solicitor when 4 charge
IOf first degree murder was being con-
ISidered to that he would aC-
lcept a verdict Of second degree MUIR
der. The defendants counsel argued
that with the change Of the charge the
defendants would not be allowed the
number of challenges to whtch they
would nave been allowed otherwise.
Mr.. John E. Wooodard further argued
THAT the right of the solicitor to order
Ia special venire did not exist except
in capital cases and with this recent
Ichange in charge they had a right to
TASK that this venire be dismissed.
Solicitor Daniels announced that he
reserved the right to change his mind
and that because of the previous all
inOuncement that these men would be
Enlarged with first degree murder did
mot deny him the right to make the
lchange of charge. His reason for
having a special venire ordered was in
iOrder that a fair and impartial jury
might be gotten.
Judge Shaw made the following or
and ordered the clerk to record the
Same: That before the names Of the
regular jurors OF the special Venire were
in the hat to be drawn that the
solicitor in open court that
the defendants now for trial he would
not ask for q verdict Of murder in the
first degree against Morgan, Allen.
Rich and Whitley but would ask for
the verdict in the first degree against
Ward, and as for Morgan. Allen. Whit
Hey and Rich he would only ask for \
verdict of murder in the second degree
them. Before an order was
made directing a special venire in this
in response to a question from
defendants cOunSel as to Whethe" these
defendants would be put on trial for
murder in the first degree. the solicitor
stated in open court that he would try
them for murder in the first degree.
The defendants moved for a contin-
iuance of this case for the reason that
the solicitor announced that he would
I0nly as kfOr Il verdict of murder III the
first degree against Ward. The motion
lis denied and the defendant excerpts.
The work of securing q jury was then
taken up. At the close Of the morning
session of the court only three per
sons had been chosen. They are
II. H. Draughn. 1t is the general
IOpniOn that il viii take until Satur-
day to secure the jury and that an
iOJher Venire viii be necessary before
jury is secured