The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-27
S|NNED IN WAKE,
TRIED OUTSIDE
E. E. EIIer's Case Heard
in Greensboro.
INDIGNATION IS FELT
Justice of the Peace Reid Receives a
Letter From Justice Collins In
stead of the Defendant
Will Wait for Return of
Solicitor Jones.

Instead of E. E. Eller appearing before
Justice Of the Peace r. G.. Reid yester-
day to answer the charge of shipping
game birds out of the State, letter ar
rived for Mr.. Reid, containing the rather
startling information that the defend
ants case had been heard by Justice of
the Peace D. H Collins in Greensboro,
and that he had been bound over to the
next term of the Guilford Superior
Court, depositing $500 for his appearance.
Mr.. Reid said yesterday that he consid.
cred that great indignity had been Of
fered to Solicitor Armistead Jones, of this
district, by this proceeding. The crime,
he said, was not committed in Guilford
county but in Wake II was actually
committed when the birds started from
Raleigh to Washington, and not when the
boxes were shipped to this city from
Greensboro. They could have travelled
all over North Carolina without a crime
having been committed, and it was really
done when the tags were put on the crates
which would have carried them to Wash
irgton The people are talking about it,
and all declare it was either a piece OF
great indignity or poor lack of common
se.sc
Some of our best lawyers have advised
he to call in the warrant I sent out for
Eller and issue another with Instructions
for his appearance forthwith before me,
andN if this is not complied with to the
letter. then see what power there is In
North Carolina laws.
"Others have advised me to pull my
gloves off and wade right in issue a
warrant and have the coroner arrest the
sheriff of Guilford county.
Il shall wait until our solicitor, Mr..
Armistead Jones, who is now out of the
city. returns, and get his advice before
90"
The following is the letter received by
Mr. Reid:
coffee of D. H. Collins. Justice of the
Peace, Greensboro, N. c., January 25,
1901.
Mr.. Richard G. Reid, Raleigh. N. C.
Dear Sir:-The warrant which you
sent to the sheriff of Guilford county, was
endorsed properly by me and I directed
The sheriff to bring the defendant e. E.
Filler. before me to hear the warrant and
charge against him, which he did. The
offence happened in this county and the
defendant has been bound over to the
Superior Court of Guilford county to
answer the charge at the next criminal
court, which meets in May. This course
advised by the prosecuting attorney,
ard the solicitor Of the district.
The defendant deposited $500 for his
appearance at the next term OF our Grim
inal court The solicitor thought this the
best way to dispose of the warrant.
Yours truly,
ID H. COLLINS, J. Pr
The Greensboro Telegram of yesterday
morning contained tire following:
THE case against Mr. e. E. Eller on
the charge of shipping birds out OF the
State contrary to the game laws was
tried here instead Of in Raleigh as was
originally announced. The solicitor and
counsel interested agreed that it was
case for Guilford county instead of Wake
county. So the hearing was had before
Justice collins yesterday afternoon Col
onel Barringer aiding Solicitor Brooks or
tie part of the State, and Judge Bynum
appearing for the defendant. The case
was sent on to the Superior court the
bond being fixed 1t the same figure as that
CT the bond for appearing at Raleigh be-
fore the magstrate-$300. It is also a
cash bond. just the original bond was.
The result of the case is awaited with
interest. The maximum penalty is a
heavy fine and term of Imprisonment.
and the minimum Is as light as the judge
chooses to make it,
1t viii be remembered that Mr. George
IT. Marsh, of this city. was the man who
inHccently re-shipped the crates to Wash
ington. suppoaing them to contain eggs,
as he had heen told by Mr. Eller When
Mr.. Marsh found out that they contained
birds, he wrote 70 Mr.. Eller, telling him
just about what he thought of him.
Last night Mr. Marsh told News and
Observer reporter that he had received
a reply from Mr. Eller, in which he at
some length ATTEMPTED to explain that he
had never had any intention of involving
Mr.. Marsh in any difficulty.
Speaking of the recent developments
in :he case, as described above, Mr..
Marsh said that he must assuredly
thought that the case should be tried