The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-23

4, j. very doubtful about your
na.,;ng we'll and II YOU have anything TO
saw YOU had better say II now, to whlon
the wounued man replied: My 1oo' l
hate TO die" The witness said ne asneo
Jones to make a statement as 10 no" u
shooting was done. but that all he eoua
get from him was that a crowd broke IN
to his room and shot him.
During the discussion OF the dying state
ment of Jones the jury had been taken
the court by order OF the judge. Al
ter Dr.. Anderson gave his evidence MF-
Pou. for the defense, argued that the
statement of Jones was not admissible De
cause the wounded man did not know nor
had he been told that he was gong to ale.
Daniels argued that when Jones
-aid. My God. | hate TO die It proved
that he knew Of his approaching death,
and that the statement az made by Dr.
Anderson was admissible. His Honor
ruled hat the evidence was admissible
and ordered the jury brought back INTO
the court rom. when DR.. Anderson re-
peated the statement to the jury that mad
been previously made to the court. EN-
ceptions were maue by the defendants and
noted by His Honor.
@. Doctor, did you have another patient
at the sa~nitarium?"
A. Yes
@. WHO was this man.
A. John Allen
@. Who was with Mr.. Allen?'
A. Mr.. Rich was there and S. j. Walls
was there a portion OF the time. There
were Others but l do not know Their
names"
Witness testified that Allen was wound
ed in the shoulder, and that the ball en-
tered from the front near the collar bone
and ranged downward and backward.
Said Allen made no statement to HIM as
to how he received the wound.
On cross-cxamination by Mr.. Pou DR.. An
derson stated hat both the wounds IN AL
len and Jones ranged downward. Witness
testified that he knew r. d. Alley and
that his character was good.
CHAPMAN'S TESTIMONY.
s. r. Chapman being sworn, SAID:
Il was III T. *. Kcel's marble yard the
evening before the homicide. | saw de-
fendant Whitley during the afternoon.
Whitley called me away from my work
and told me that he had been III trouble
and that he was going to be put under
peace bond. Asked me if l would go on
his bond. ] asked him why they were go
ing to put him under bond; said he had
some trouble with Jones and that he was
going to put him under peace bond. Whit
ley said he did not care for bond. law OF
anybody, but that he was going to whip
the dam S. b.-(meanlng jones' before
midnight. This conversation took place
the afternoon before Jones was killed"
On cross-examination by Mr.. Finch il
was brought out that Whitley was drum
MAGISTRATE KEEL SPEAKS.
Mr.. Thomas E. Keel, a magistrate, be
ing sworn said: Il issued papers against
Whitley for Mr.. Jones the day before the
homicide"
Mr.. Pou for the defense, objected to q
reference to MI. Keel's docket because
it was a memorandum not in the hand
writing of the witness. The original pa
pers in the case of Jones against Whitley
were then offered and were objected to by
the defendants on the gound that it is in
competent as to Whitley and irrelevant
as to the other defendants. The cour
ruled that the original papers could bt
admitted so that it could be shown thai
these peace bond proceedings were taker
up on the day before the homicide.
~ I'LL thoC
while IN his office threatened Mr.. Jone
and said, He would be damned if he dic
not whip him. This conversation tool
place about three o'clock in the Afternoon
before the homicide. Witness testified t.
the good character of Mr.. r. D. Allen.
On cross-eXamination by Mr.. Fincl
witness said he did not hear Whitley re
tract any statement and that he was drink
ing. 4 pkEs
OBJECTED TO WITNESS.
When the name of Eugene Williams wa
called objection was made to him as
witness. The jury was ordered from tn
room by the court. Defendants counse
stated that they objected to Mr.. William
on the grounds that he was not cOmpe
tent to act as a witness, he not believing
IN the existence of an Almighty God. O.
query from Mr.. COnnor the witnes
would not state that he knew or believe,
in the existence Of a God. Mr.. Spruill al
gued that when a witness expressed a will
llngness to take the oath prescribed b
law 1T was not for the court to decide tn
tenor of d mans conscience when he wa
taking the oath.
Mr.. Jno. E. Woodland argued that a
long as the belief in the Bible and an A
mighty God was necessary TO make a con
petent oath he did not Link a person no
having this bene1 could make a cOmpeten
witness.
His Honor closed the incident. he ar
nouncIng that the matter would be take
UP later. Mr.. nIlIlams did not take tn
stand.
HINNANT TAKES THE STAND.
j Berry H.nnant, a fish dealer, bcin
sworn, said: Il was IN my office the da
before the homlcide; saw Whitley, Pive
J and Barnes near the market on this dat,
Defendants counsel objected to his al
swerlng a question which outlined conve1
) satlon among these three parties, the
claiming that Piver was not on trial an
1T would prejudice to have such matter
t discussed. The court ruled that until evj
} dencc showing a conspiracy was introduce
isuch evidence was Incompetent. State
lcOunse then announced that they wOul
recall all their witness later in the tria
+: Witness testified to the good characte
of Mr.. R. D.. Alley.
Y ON anination ui+uaoc coil l