The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-12-04
GOES OVER
unexpected Continuance
Of the Terry Muir
der Case
TO NEXT TERM
Defence Asked for Continuance on
Account OF Ex-Governor RusSclrs
iIIncS-Statc Un~ECccSsTuIIy OPP
posed the Motion-Sct for Trial for
January.

Another III the Terry
murder case. That IS the unexpected
result If the expected motion made
by he counsel for the defence for such
a course to be pursued on account OF
tn illness of Ex-Governor Daniel I.
Russell.
Judge Geo. II. Brown. Jr., allowed
the continuance in the superior court
yesterday afternoon. The motion was
made soon after the opening session
Of court IN the morning. but a decision
wls not given until the former ii ne
IL Was quite a surprise decision from
many viewpoints and. of course. has
created much comment.
The motion was made by Marsden
BeIIaIny. Esq. Of the firm of BeIIanr
& HeIIamy, and he strongly urged tina
the case be continued. He stated to
the court that Ex-Governor Russell
had been taken sick during the last
J.Tm Of court and was still i'll and in
bed; that he nae been Informed by the
two attending physicians that ex-
Governor Russell was unable to be
present at the trial should it take place
At the present term. The defendant
anu IiiIiSCl lett, ne Silu. INlI Il 1ull
representation of the counsel for the
defeuc" was necessary for Il proper
presentation Of the case. and that such
could not be obtained at the present
term of court on account of the six
ness of Ex-Governor Russell. who and
himself had been the only counsel en-
ULuyed by the defendant: tina he Il
visited Ex-Governor RusseH's home
sunday and had found him in ped
.-.F -E4Egr rrrr1a~ tho lCyTlry- &c. -,
would not be able To attend u trl"'
chIs week. N that on the other hand
tHe accused was also ANXIOUS tina eX-
Governor Russell should be present.
feeling that such was of vital import
auc". Further. he said that he thought
the continuance ShOuld be granted. as
1t was not asked for on account of the
LbseHce of counsel attending court
somewhere else. but was made neces-
Sary by u dIspensatiOn of Providence.
In conclusion Mr. BeIlamy said there
|JS HO public reason to railroad Terry
20 Il trial and asked that the motion
Dc LilOwed in the interest of Commou
justice
OPPOSED THE MOTION.
Solicitor ROdolph Duffy resisted the
melton, though he said from Il person
~ standpoint he would like to &C
qu5esCe in the granting Of ii. but he
afhJLu MOI pei llllI HIS DCISOlldl ItclIIlsS
70 conquer his feelings as a public d.
fcer. He spoke OF having received Il
letter from Mrs. Daniel L. Russell
about her husbands illness.
Solicitor Duffy also commented upon
the fact that other noted and expert
cuced counsel represented the Defence
including John II. Gore. Jr.. Esq, OF
the firm of Russell & Gore. The SICK
ness of Ex-Governor Russell he said
WIS to be regretted. but that if evei
there was a case that needed a speedy
-riaI It was the Terry case and con-
~sequently he opposed h motion e
coutIuIe as justice and the public wei
<are demanded him to do so.
EMPLOYED ONLY TWO.
Mr.. BeIIamy again assured the court
that the defendant had only employed
two counsel-eX-GovernOr Russell aud
himself-and that they alone had EN-
ployed the other lawyers to asSisi
them.
Mr.. SCHULKEN ALSO OPPOSED
J &. SchuIken. Esq. of the firm OF
~Schulken & Lewis. Whiteville, arst
raised his voice IN protest in behalf O
the state against the granting of The
motion. saying that the nature of the
case was such rs to demand a speedy
trial hat he. too. would personally
like to see the motion allowed. but thu
IN behalf Of justice he had TO resist t
If a continuance was granted, he said
on cCoun of the sickness Of eX-Gor
"ruOr Russell why at the next te-n
another one Of he counsel for the &c,
fence might be i'll and another contin
ulnce would have to be allowed, a.
eo-fiu- Jo@1recedent.
Sir. SchuIkeu also commented on he
S.ct that one Of the members Of ~,
Irw Of Russell X Gore was present -ur
='If that 1t the last term IF cour,
...r = continuance was granted jnr
---.r.a. the defendant WAS representa-
sF II .asst six or seven
CONTINUANCE ALLOWED.
Ir- Brown stated that he had IS.
reserve. letter about the ~cCutiuudUc,
+~ou- Nh Russell. as her husband Wa:
nah. To- write and that She state,
that Ts~~E Mas q poor man ana IN
r-f "a e..g TWO counsel and hid a,
-e..E. ...t her husband his Zee. II.
reserved his decision until the after
C."a session. when he rendered i ?.
New Hanover County.
Superior C1ur.- December Term 1gt5
state vs.. Terry.
The prisoner moves the court to con
-.uUe MS trial until january term 100
IF this court upon ground thai one g.
mis- leading counsel. Hon. Daniel L
Russell, i confined TO his bed WI,
maI1riaI fever.
Upon II statement OF N.rsden Bel
-dmy. Esq. in open court The court -;
informed that he and Judge Ru<sel
are the only counsel employed b,
prisoner 10 Try his case in court: tina
n" prisoner = a poor man and ha
used his means IN payment of cOunse
nc : unable to employ other assist
aRSe: that Judge Russell has been con
lined to his bed for five weeks Wit
maIariaI fever. and IS now confined ;
his bed. The same statement has bee
made TO the court by the attendin
chESiCIauS-
II appears that the prisoner is I
close confinement in Jail and that n
harm car come to the aus of juStiC
by granting prisoners motiOs. TT