The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-19

TWOTOHANGTODAY
Daniels at Trenton, and
Davis at kinston.
Alfred Daniels is the Negro Who Muf-
dered r. G. Simmons---Frank DAVIS
is the White Man Who Killed
Charles Pate in Lenoir.

Two murderers will pay the penalty
of their crimes in North Carolina to-
dav. the negro Alfred Daniels, who
killed Mr.. F. G. simmons. father of
l. = States Senator F. NJ. Simmons,
Frank Davis, white man who killed
a white man named Charles f. Pate in
Lenoir county. Alfred Daniels will
he hanged at Trenton, and Frank
Davis at Kinston.
Alfred Daniels killed Mr.. Simmons
in Jones county on September 18th,
1903 with q shot gun. He was tried
before Judge Fred Moore at the No
vember term of Jones Superior court,
and convicted of murder in the first
degree. An appeal was made To the
Supreme court on the ground that the
Jones county commissioners had dis
eliminated against the negro race in
drawing names of jurors, but the Su-
preme court held that there was no
error below. Then Daniels counsel
applied To the Supreme court for a
writ OF error in order that the appeal
might be carried to the United States
Supreme court. This was refused,
Chief Justice Clark holding that no
Federal question was involved. AS a
last resort, application was made to
Associate Justice Harlan, of the Uni
but this also was refused by Justice
Harlan. after consulting with several
of his associates.
Frank Davis killed Charles F. Pate
with shot gun also. The murder was
i'm the afternoon of September GOTH
1903. Pate, after being shot went to a
friends house and told him that he
had been shot by Davis, and then
died in a few. minutes. His windpipe
had been pierced. and two of the shot
had entered his head above the Ella
The case was tried before Judge
George II. Brown at the November
term of Lenoir Superior court and
convicted of murder in the first de-
gree. He appealed to the Supreme
court, which sustained the lower court
Both men have been in the Jail a
Goldsboro for safe-keeping. and las
night the following special came tt
the News and Observer from tina
place:
Goldsboro. N c., May 1S.-Sherif
Taylor. of Jones county, accompanied
by Deputy Sheriff Koonce was here to-
day and carried back to Trenton the
negro Alfred Daniels, who was con
victed of the murder of the father o.
Senator Simmons. Since his convic.
ton Daniels has been in Jail here fol
safe keeping. He will be hanged to-
morrow between the hours of = ano
] o'clock.
Frank Davis, who, since being con.
victed of the murder of Charles Pate
i'm Lenoir county last fall was placed
i'm Jail here for safe keeping, was ia
ken back to Kinston this afternoon by
Sheriff Wooten. He will be hanged
tomorrow He has been in bad health
for sometime and when he told the
jailer good bye today looked as if the
avenging law would not deprive him
of many days on this earth.
The following special from Kinstor
was received last night:
Kinston, n. c., May 1S.-Frank Da-
Wis. who is to be hanged here tomor-
row for the murder of Charles Pate
was brought to the city this after
noon from Goldsboro, where he has
been confined since his conviction
here last fall. Davis looks much worn
and emaciated from his confinement
and mental strain. The execution will
be at noon in the Jail in the presence
of members of his family and attend
ing physicians and officers only. Much
interest is manifested in the approach
ing execution by reason of the fact
that Davis is q white man and of wei
F known family connections. The sher-
III has been besieged with applications
for admittance to the hanging, bu
has announced that the public will be
excluded.