The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-30

Will Receive Damages From Har-
m~an-SeveraI Other Cases Tried
Iesterday-Court Will Likely End
Today.
Superior court will adjourn in all
probability today. The end of the dock
ct has lmost been reached and the
grand jury has completed it's labors.
Yesterdays session was the most i'm
portant of the week, as the murder case
against the Thomas brothers, which
mad been IN the courts for some time,
ana the two now notable cases against
Mr.. ). II. Hartman We're disposed of.
The disposition of neither of the cases
consumed much time, as a submission
was entered in each.
The Hartman cases were probable the
most interesting. The defendant was
IN court with his two counsel. Colonel
A. NJ. Waddell and Herbert McCIam-
my, Esq, and Messrs. Bellamy and
ellam and MesSrs. Davis and Davis
were present to assist Solicitor Duffy in
the prosecution. Colonel Waddell, for
the DEFENDANT, entered a submission in
both caSeS-One for committing a nuis-
ance aboard a suburban car and the
other Tor aSSaulting Conductor William
Jones. Colonel Waddell IN making the
Nplll1lSu llIdl TIE uolS1-
dant would never have committed the
offenceS had he been sober.
Herbert McClammy, Esq, also spoke
in the defendants behalf.
After several Of the states wit
nesses had been examined, Judge
PEBBLES stated that he would reserve
his decision in the cases until this
morning, but if the counsel would con-
fer and agree upon a certain amount to
be given by Hartman to Conductor
Jones, to pay him for the damage he
had sustained by the assault. the court
would suspend judgment upon payment
OF costs IN the cases. Judge PEBBLES
took the very sensible view OF the mat
ter that OnductOr Jones should be
paid for his injury.
The counsel assisting the solicitor
and representing the Consolidated Rail-
ways, Light and Power Company late
yesterday afternoon agreed upon $500,
1t is said, for the amount to be paid
Jones by Hartman and sub
mitted that proposition to the counsel
on the other side, to be accepted or re-
Jected by the converting of court this
morning.
THE MURDER CASE.
After several combinations the muir
der case against Robert and Walter
Thomas was disposed of with a sub
mission to m~anSlaughter.
SoilcItOr Duffy stated to the court
that II the case was tried there was a
possibility of occurring a conviction Of
murder in the second degree, but that
he was positive he could secure a con-
VictiOn Of m~anSlaugnter.
The defendants counsel, Herbert Nc
CIammy, Esq, and MeSSrS. Bellamv
and BeIlamy- made strong anneals for
clemency and introduced a number of
witnesses showing the good characters
Of their clients.
Judge PpablaS lpt each of tho 1afand-
ants off with an exceedingly light sent
ence-hVe years each in the peniten-
tiary.
The murder charged against the
Thomas boys was committed late Sat
urday night, February 9TH last, and
took place just outside of q place in
Brooklyn occupied at the time by Cato
Boney, colOred, and known by the
picturesque soubriquet of Cato BOney's
ranch" From - testimony of wit
nesses summoned before the
Jury 1t appeared that the negro who
was slain. John Henry Edwards. alias
Daniel Shines, and the Thomas broth-
ers got into a fuss IN the saloon of Mr..
Frank Brown, corner of Ninth and
Bladen streets. They We're put OUT
of this place, but later met in BOney'S
ranch" n continued the alteration.
Shines ran outside of the ranch and
was rlrsued by the Thomas brothers,
one OF whom. so the witnesses said,
struck him with an umbrella and the
other also struck HIM with something.
Later, the negro Shines. who was about
twenty-five years of age. was found
in an unconscious condition lying on
the ground at the corner of Sixth and
Bladen streets. where. it was commended,
he was dragged after having been NOR
tally wounded 1t was discovered that
Shines had a cut. as ~1ade by a knife
or dirk, on the left side of the throat.
He was carried to the James ak
Memorial Hospital and died shortly
afterwards.
soon after the tragedy had been dis
covered and have been in prison ever
since.
NEW WENT FREE.
The young white man James New,
who last Monday planned to knock
Jailer Bob Caps in the head with an
iron bar and attempt to escape, was
arraigned charged with false pretense.
Due to a technicality the case was not
allowed to go to the jury and the de-
PENDANT was discharged.
New purchased a bicycle from the
Queen Cycle Company on the INSTALL
ment plan n hen sold it to another
party. He was first indicted for dis
posing of mortgaged property, but the
warrant was amended to false pre-
tense.