The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-02

HEARING YESTERDAY
A Big Crowd in Court House-..TriaI
Took Over Three Hours and a
HaIf.-.Iustice Barbee Said
He Could Not Hold the
Prisoner.

James Byrd, the young white farmer
arrested on suspicion of having killed
Delmo King, whose body was found by
the track of the Raleigh and Cape Fear
Railroad On last Wednesday morning,
was given his hearing yesterday before
Justice of the Peace M. B. Barbee, and
RELEASED after trial that lasted more
than three hours and half.
Col. ]. c.. L. Harris appeared Tor
Byrd, and Solicitor Armistead Jones Tor
the State, After hearing all of the evil
denee, the Justice said that he could not
see how he would be justified in holding
the prisoner for the grand jury, and he
consequently ordered his release from
custody.
1t will be remembered that Byrd, who
was examined before the coroners jury,
was re-arrested on account of the story OF
the colored man. James Hall, who swort
that Byrd had told him on Tuesday even
ing that he had killed King with ire
poker Other witnesses yesterday &C
counted for almost all of Byrd's time that
evening and night after King left him.
However, on some points, the testimony
was little contradictory Perhaps the
..
kin, who testified that after King left her
house she saw Byrd lying in the barn,
near where she was attending to her work
until Hall came along.
Tie court house was crowded by twelve
O'Clock, and all was ready a few minutes
after the noon hour, when Solicitor Jones
called the witnesses.
The testimony was in substance as fol
lows
NJ. p. MASSEY, of Virginia, student
OF the A. and M. College, was called first
and examined by the Solicitor. Last Wed
nesday morning he left the place where
he boarded near the Caraleigh Mills. He
left about seven o'clock, he thinks. He
went by the railroad on way to college.
As he crossed the trestle across Rocky
Branch he saw body lying some or 4
feet from the track, about feet from
the trestle, on end toward States Prison,
on opposite side from insane asylum
The body appeared to have a cash across
left. side of face, it appeared. .Bedy was
lying party on left side and back, one
hand thrown over head, seemed to be
frozen Witness looked in outside peck
cts and found only a pound of tobacco.
Saw no signs of a scuffle, but did not
look closely. 1t looked as if he had been
killed instantly. There was a little blood
on the ground near the head; saw none
between the body and the track. Called
to man on the fence of the States
Prison, and told him about what he had
found.
HI. D. PONTON, guard at the Peniten-
tiary: / took one of the prisoners down
to see about it. Then l telephoned to the
railroad authorities. The body was about
mr.,
amined body. There was blood on the
face and on the ground below, where it
had run down the embankment. Mr.. J.
W. Smell, the section master of the road,
went and looked at the body, and went
down again. The bruise seemed to be
on the right side of the face. The lip
was swollen, and the head little swollen.
1 think.
FRANK SMITH, the yard conductor or
the Southern: 1 went to Caraleigh Mills
about two o'clock the first time on Tues
day and about $50 the last time Going
down the first time 1 saw two men near
the Caraleigh Mills. I knew one, King.
and that looks like the other man (point-
ing at Byrd. They seemed to be both
drunk, and one appeared to be trying TO
carry the other. They were going west
along the track. Later going on down
the second time about 5:15 or 500, I saw
King standing at the asylum crossing,
on the bridge. / hollered at him and
asked if he had got sober. He answered,
but could not hear what he said. Com
ing back when it was quite dark, so
could not tell who it was, 1 saw man
standing down near the bottom of the
embankment close to where the body was
found. My attention was called to the
man by my brakeman. He was standing
some II or Is feet from the track He
had something that looked like a stick
with handkerchief on the end of 1t
playing with it. That was about $40.
There are few trees by the branch,
think. The Mills train is due at $50. 1t
came in just behind me. 1 tagged it to