The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-07-08
CASE IS DISMISSED
Mayor Finds Will Allen
Guilty Of no Crime and
he is Discharged


ing was packed with heterogeneous
crowd. gathered to hear the prelimi-
nary trial of Will Allen, the negro
who. as told in these columns last
week was chased and dubbed by O11i-
Ger I. w. Rogers and subsequently ar
rested upon a warrant charging MN
with attempted criminal assault upon
the policeman's daughter, MISS oeSSle'
thirteen years OF age.
The only witness examined was lhe
prosecutrix after whose testimony the
State rested and the defense intro
duced no witnesses.
The mayor promptly decided that
there had been no assault ana uls-
missed the defendant.
Miss Jessie Rogers, a pretty chlia,
dressed neatly in Il white dress dotted
with red and with red braid, took the
stand, and under the examination OF
Mr.. j. C. l.. Harris told the details OF
the actions of the negro Allen, which
Weer last week substantially reported
in this paper
1t was about noon on Thursday last
said Miss Rogers, that her attention
was first called to the defendant. AT
that time he was standing under
tree on the sidewalk. She and her sis
ter had been engaged in washing Win
dows and her sister placed her hand
to the witnesses nose, saying: Smell
that I've; I'm afraid it will burn my
hand" The two girls attention was
at that time called to the defendant
by reason of the fact that he was APP
parently watching them closely and
laughing to himself. Some time later,
one of the boarders at her fathers
house asked Miss Jessie to go on an
errand for him, to carry q package to
Mr.. Hoge's on Bloodworth street. In
compliance with this request, the wit
ness went from her house, corner of
Person and east Martin streets, to
Bloodworth and up that street to her
destination, where she delivered the
package.
AS she came out she discovered the
same negro, who had attracted her at
tention, on the sidewalk on Blood
worth street. In view of his curious
actions when she had seen him from
the porch, his presence startled the
girl and she was Fastening to pass
him when the negro accosted her, say
Ing, "That girl made you smell her
hand" and after these words some
other remark about kissing" The wit.
ness was unable to state the exact char
acter of his remark, explaining that
she was frightened and hurried home
to avoid him. After she reached
home the witness said that she again
saw the negro near the house standing
under a tree, and that as she looked,
he repeatedly put his hand to his
mouth and laughed. Witness also said
that after her sister had told her fa-
Their of the occurrence, he started out
from the house, putting on his coat,
and the defendant at once started to
walk rapidly away, the walk soon
changing to a run; that the. negro was
running at full speed before her ia
ther fired the shot.
At the conclusion Of Miss Rogers
testimony the State rested and the
defense announced that 1t had no evil
dence to introduce.
Mr.. j. G.. l.. Harris, who represented
the State, then arose and urged brief
ly that an assault had been made mas
much as the actions of the defendant
were such as were calculated to in
spire fear in the defendants mind
Col. II. M. Argo, who followed for
the defense, asked the dismissal of
the defendant on the ground that the
evidence disclosed neither an assault
or the attempt at one. in that, to con-
stitute an assault there must have
been an offer to strike or to lay on
violent hands.
While Col. Argo was speaking Mr..
s. G. Ryan, for the State, arose to
make some interruption, but was
ed that since he had the conclusion of
the argument, he would not yield. At
this point a spirited colloquy ensued
between counsel After Mr.. Ryan had
said several times, "hold on and
Col Argo had replied, 81 won't" both
lawyers spoke at one and the same
time, Mr.. Ryan standing straight and
| indignant and Col. Argo leaning far
| over and shaking Il menacing finger
at the mayor. who sat shaking with
the hesitancy of a reed blown on by
two contrary blasts.
After Col. Argo had formally con-
cluded, Mr.. Ryan sought the oppor-
tunity to speak, but was cut off by the
mayor, who held with Col Argo that
the rules of practice were against him.
Mayor Powell in delivering his
opinion, based it on the ground that
he did not believe the negro meant
any assault as he "came from the
country" In this he got his thunder
| from Col. Argos argument, a state
ment that had been thrown out by the
latter, with little idea that it would
be made the basis of judicial opin-
| ion.
Will Allen, in fact, looks little like
| Il countryman. He is an alert negro
well-dressed, with a "town' air. He
| carried an umbrella and twirled a
mOdiSh straw hat in his hands. His
forehead is high, his nose long ana
narrow with sensitive nostrils and
his mouth curved by lips that little re-
semble those of the clean-bred Afri-
can. His skin is of an almost opales-
cent dark copper color. He appears
more like a smart school teacher than
a labOrer on farm.
While everyone seen yesterday
agrees that the negro should have
been dismissed, the opinion is general
that Policeman Rogers had at the
time much excuse for his hasty ac-
ton,