The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-24

l.
cotton yard.
/ Q.-"Who was there?'
Ar was there and Walls, Piver,
Ward, John Pittman, Thos. Bass, L. Nor
gan. Sid Davis, Allen and Rich were
! there"
| Q.--"Why did you meet there?"
Att was understood that we were
to whip Jones. Very little was said
| Q-"Who passed you while at Branch's
cotton yard?"
Awhile we were there Snakenberg
and r. D. Alley passed. / do not re-
member whether any one spoke to them
or not. We left Branchs cotton yard and
went to Jones room in the Friar build
ing"
Q.-"What happened them"
A-"The door was showed open and
three guns fred"
Q.-''Who went in?"
A.-"AlIen, Rich, Pittman, Bass and
Gil Ward went into Jones room"
Q.-"What took place them"
Ar heard three guns fired and Jones
yelling, and Allen said he was shot.
then came down stairs"
Q.-"Where was Morgan?"
Ar do not know"
Q.-"was there an understanding with
Morgan?"
Ayes, he was to go off and shoot off
pistol I heard the shots in Jones
room, but do not know who fired them,
Morgan was to fire off some shots to at
tract the attention of the police"
Q.-"What kind of reports were fired?"
Artist was shot gun: other two
were pistols. All the shots came along
together"
Q.-''What did you do after the kill
ing?"
Ar came down stairs a few feet
ahead of the others and went down the
alley towards Briggs Hotel Allen, Rich
and Piver went to the sanitarium. They
went through the alley behind the Briggs
House to the sanitarium / went around
the sanitarium and came up in front of
the Briggs House. / did not see any one
of the defendants that night, except
Piver / saw Ed Graves and others in
front Of hotel. also saw w. T. Clark"
Q-"Do you know who entered first?"
At do not"
Q.-"How far were you from the door
when they entered Jones room?"
A-"About four or five feet
The State: Take the witnesse.
Mr. John e. Woodland then arose and
stated to the court that at the beginning
Of the trial he had asked that defend
ants counsel be allowed to examine
time witnesses, which was for the
first in his practice. refused He then
requested that defense counsel be allowed
to see the subpoenas as they were filed
by the State This had been granted,
but as no subpoena had been filed for
Mr.. Barnes, the defendants counsel did
not know that he was to be put on theI
stand by the State. He, therefore, asked
that they be allowed some time in which
to confer among themselves
The court ruled that they might re-
tire for few minutes for consultation.
The counsel for the defense came. back
into court from the office of Messrs F. A.
& s. A. Woodland. where they had been
for consultation.
Mr. Jno E. Woodland asked that ala
instanter subpoena be issued for Mr.. E.
J. Barnes. which was done.
Witness VIM w Barnes testified fur
thus: II have heard none of these men
make a statement since the killing"
On cross-examination by Mr. Pou, wit, |
ness said Il work for Piyer l made
the above statement several days before
to Mr.. Uzzell. He told me that l would
not be hurt. My brother brought in
some messages. The first man with whom
had a conversation was my brother, and
when | came out of Jail l went to see
Mr.. Uzzell. l went inl the front door OF
Mr. Uzzell's house, III his bed room. l
went in the house., the hight was burning
and l told Mr.. Uzzell that if he would
get me out | would tell him the whole
thing. / am telling the truth now to get
out of the affair. This proposition to
tell came from me. / did not have any
money and / made the confession for this
reason. l swore to statement to S. A,
to allay suspicion. 1 did not
know Mr.. Woodland had right to ad-
minister an oath. have not been going
to Mr.. Uzzell since the first meeting. He
came to my bed room on Sunday night
to see me. / did state that / said Jones
ought to be run out of town because he
was bedding with negroes"
On direct examination. Mr.. Barnes
stated that he had not heard any one
say that he ought TO be run out
of town until o'clock the night Jones
was killed Mr. Pou stated that it was
the desire of the defense counsel to show
that the witness was not telling the
truth States counsel objected, and his
Honor ruled that the evidence as to the
town talk would be allowed only so far as
it was needed to impeach witness evil
dence.
The jury being withdrawn, Mr.. S. A.
Woodland read to the court a statement
the one he made on the
stand. This statement was read to the
witness, and he admitted that he had
made the statement. The jury was then
ordered to brought back into the court
room, and this contradictory statement
was read to the jury. (The affidavit in
question appeared in full in Tuesdays
News and Observer)
On eross-examination by Mr.. Jno. e.
Woodard, Witness Barnes SAID that some
OF the defendants asked him If he was
going to turn States evidence. and he
told them no.
On examination by Mr.. Uzzell for the
State. witness said Piver came to him to-