The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-10-18


In Bladen.
FINE PROSECUTION.
To Solicitor c. g. Lyon and his as
sociate In the trial. Mayor r s.
White OF Elizabethtown. should also be
paid tribute. They conducted the
prosecution squarely and fear.essly
and with ability.
A SOLEMN MOMENT.
The case went to the jury about
O'Clock in the afternoon and 2reciseIy
at 3 o'clock-two hours after the close
Of Judge Wards charge-there came
the impatiently expected knock from
the door of the jury room. The meaning
OF this went to every mind immediate
ly and a queer feeling went to the
heart, as the eye encountered the for
lorn sight Of two sight built negroes
almost crouching in their chairs and
with blinking vision fastened on the
door of the jury room: but the next
instant this feeling was forced away
as the picture of the bleeding, outrag-
ed form of a young wife-almost a
mother arose before memory's eye.
There was a slight rafting of chairs
and buzz of excitement among the
spectators as the jury slowly filed into
the court room, some as cool as IL en-
joying a sweet summer breeze under
a big oak tree after hard days work
ON their farm, and others restless and
nervously pulling at their moustaches
Then came a Stiffness of DEATH" only
broken for several seconds by the tick
of large clock on the east wall of
the court room and some how or other
it seemed a louder, harsher tick. Prob
ably it was our nerves.
The usual solemn preiiminaries to
receiving a verdict of such a grave ma
ture was soon concluded and the Jury.
as it stood looking upon the prisoners
asked for it's verdict. From the fore
man, Juror r. 1. Smith, a man in fif-
ties and one OF stalwart appearance,
came the response Of Both guilty OF
murder in the first degree"
APPLAUSE FROM THE AUDIENCE.
There followed a moment Of silence
and then from the court room broke
forth applause. A flush of displeasure
came prominently to Judge Wards
face and in an instant he sternly
commanded silence and ordered the
sheriff to go among the spectators and
arrest those who had instigated the
demonstration or had taken part in it,
Deputy Sheriff Billiard was quickly in
the midst of the spectators, but, Of
course, he was too late to make an
arrest, but no repetition of the applause
occurred
This was the first surprise and the
first sensation cf the trial, but another
one quickly followed when Col. Kerr
asked that the jury be polied. The
first juror called was w. j. Kelly.
SOMETHING WRONG
When asked for his individual ve--
dict Juror Kelly hesitated, and then
murmured out that 'he submitted"
hic
and very mystifying. He was again
asked for his verdict and, this time he
replied:
I do not think them guilty from the
contention of the state, but I submitted
to the majority
JURY SENT OUT AGAIN
Judge Ward at once ordered the Jury
TO retire and make up a. proper ver-
dict. The jury left the room and the
prisoners, who had stood transfixed
almost from the moment the jury en-
tered, resumed their seats. Three
quarters Cf an hour OF waiting-impa-
tient waiting-occurred to give away to
the verdict of death set forth above.
WITH THE JURY.
After the jury first left the room 1t
was only few minutes before a bal
lot was taken and It revealed tha fact
that mine Of the twelve desired a yer-
dict OF guilty of murder in the first
degree. Argument then ensued AMI
lasted until the other three came
over"
NO APPEAL.
There was no appeal taken in the
case, as counsel for the defense
frankly admitted that they had MOTH
ing to appeal on.
THE MORNING SESSION.
For the morning and final session,
court was called to order at 9:15 o'clock.
solicitor Lyon resumed his argument
commenced the previous night and
made brief sharp conclusion. 1t oc-
cupied precisely twenty minutes, but
into that space of time he crowded
much argument.
DEATH OR LIBERTY.
AS a preface to his remarks he de-
ciared that the jury's verdict would
nave TO be murder in the first degree
or nothing, as the undisputed premedi-
tation that attended the crime permit
ted no compromise. He again reiterat-
ed his position of the night before.
that Brown and Sel,ars had the oppor-
tunity, as the state had shown them in
the vicinity of the scene of the crime
and that the place was then insulated
as to travel. To this he added the as
sartion that all the evidence introduced
afforded not the slightest suggestion
than anyone else but the defendants
had the opportunity TO commit the
crime, and asked the pointed question
why the negroes did not so to the rescue
OF the murdered woman, for, if the wit
ness Santee heard her desparing
screams quarter of a mile away, why
surely they must have heard them.
His closing remarks contained an ap-
peal TO give cerdsnce to circustantial
evidence. He said that If the circum-
stantial evidence in this case was not
strong enough TO convict the defen-
dants it would establish a precedent
that no man could be convicted on cir
cumstantial evidence in Bladen county.
Eye witnesses alone would be required
and that such would wreck and under
mine the government and destroy peace
and happiness in this community.
ALSO FOR THE STATE.
r, S. white, Esq. solicitor Lyons as
60 Co. ELL