The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-26
Evidence i'm Argument Be-
gun.
Continued from First Page.)


, argument. This request was granted
Il ARGUMENT BEGUN BY MR. DANIELS
I Solicitor Daniels then arose to address
i the jury. He said IN part: II recognize
gentlemen OF the jury the responsibility
on your shoulders--and | am glad that the
responsibility of putting these men on trial
did not rest on my shoulders. A warrant
was issued by Mayor Herring and then il
became my duty to take up this prosecd
ton and do my duty in the matter. Had
| shirked this responsibility I would have
been branded as a coward.
For what. gentleman, are these men in
dicted? They are indicted for murder and
the State contends that they are guilty
of murder in the second degree. 1t is not
denied that Percy Jones was killed at one
O'Clock at night, and it is the contention
of the State that this man came to his
death as a result of a conspiracy entered
into by these defendants 1t is not neces-
sary for the conspirators to have actually
met and planned the acts but if they
| have plans to accomplish a certain OBJ
ject, then they are conspirators The
State has shown you that Percy Jones
came to his death as a result of a band OF
conspirators The State asks that yo,r
use the evidence in determining whether
these defendants were of this band of con-
spirators'
The speaker then took up the threats
made by Whitney and showed in a forcible
manner how they tended to show that
he was a party to the conspiracy, whose
object was the undoing of Jones. 1t was
argued that Whitley had enough whislxey
in him to throw caution to the wind
and when he said, ''haul it away from
this town he made a true prophecy of
the outcome of the conspiracy Jones
was hauled away and now sleeps in our
cemetery
THOMAS Stancil says on the day preyi-
Gus to- the killing that Whitley went to
him and asked him to join the conspiracy,
saying that the band was going to have
picnic that night. When Whitley went TO
Jones room he did not tell him that he
came of his own accord, but that he came
as committee to warn him that he must
get out of town.
Gentlemen of the jury. the State has
shown that Jones was killed in his room
on the night of the 14th of May The
State contends that this man was killed
by a band OF conspirators. To whom
does the finger of suspicion point? What
it point? Run over in your mind this
evidence and see if it does not point to
these defendants Here is Allen with
bullet in his shoulder Morgan's hat in
the Sanitarium where Allen was carried.
and Rich coming out of the bath room
after the clicking of pistol had been
heard. Do these things not point with
unerring accuracy to these defendants?
You take these facts and see if they do not
point with accuracy to these men as the
ones who were there when Jones was
killed. Let US look at the evidence for
the defense. Witnesses swear that Ward
character was good when sober, that he
was acquitted of murder because of a
lack of evidence. They bring in evidence
to show that Bill Barnes made contrary
statements about the killing, when the
facts in tie case are that Barnes was
afraid to let his co-conspirators know
that he was going to tell the truth about
the matter.
The speaker then took up all lie wit
nesses for the defense, except the defend
ants themselves, and said, "These are the
few points of evidence offered by them"
Then take Richs statement. He tells
a remarkable story. He says that he came
from Cora Duty's to see Snakenburg, but
passed him on the street without saying a
word except Hello, Chief, instead of
turning down the street and following
Snakenburg the man he came UP town to
see. He went up the street and then
turned around a little before the firing
began. He then went with Piver and
acted the good Samaritan by carrying
Allen to the Sanltarium.
George Whitley then goes on the stand.
He has the most convenient memory l
ever heard. He remembers all which will
do him good. He remembers going to his
room at eleven o'clock on the night of
the killing and pulling off his shoes, but
remembers nothing else.
Lawrence Morgan tells remarkable
story. He went to his room about twelve
o'clock on the night of the shooting and
stayed there and read until he heard fir
ing; did not move for fifteen minutes. He
then came down stairs in company with
Sam Walls mad met on the corner a body
OF country people. none OF whom he recog-
nized. The defense will argue that these
were the men who killed Jones. Would
these men have been there on the corner
fifteen minutes after the killing if they
had killed a man? Morgan said after go
ing to Jones' room and around on the
streets he then went to Cora Duty's Bats
says Morgan came down at quarter past
one, when Morgan said he was in his room
at that time.
Gill ward was the next to take the
stand. He tells you OF being wounded at
Malver HILL and / can now depict Mr..
Pous eloquence on this statement. Ward
tells you that Bass spent the night with
him on the night of the killing, and that
they were on such good terms that Bass
was allowed to stay IN the room with him
self and wife. During the early part of
the night Ward tells you of going all over
Wilson but not a soul did he recognize,
grant you that Ward is brave man.
not afraid Of anything on Gods green
earth, and / do not say this to his credit.
But when drink gets into him he is a.
demon.
ON the day of the 18th of May Percy
Jones went to the authorities of Wilson
and he invoked the protection of the law
He said: law-abiding citizen and
appeal for the protection of the law
When he went to his room and went to
sleep that night he had confidence in this