The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-07
AN UNPROVOKED
ATTACK By DAY
n
Assaulted Mr.. (. {. Brit
ton in Hotel Lobby.
STORY OF WITNESSES
Stick Used by Capt. Day was Heavy
Enough to xiii the Biggest Mig
ger in Wake County, Says
Mr.. p. Kerr---Hearing
To-day at Noon.

AcSleIuly evening ABOUT IVe CLOCK
Captain w. II. Day entered the lobby
of the Marlborough Hotel, and without
any provocation attacked Mr.. Edward
e. Britton, of the staff of the News
and Observer, with a stout, heavy
walking stick, which he clubbed so
as to get the full weight of it after
having applied a vile epithet to Mr..
Britton. Mr.. Britton succeeded i'm
keeping the stick off his head and
was not injured save by bruises on
the left arm and hand
Some time after the assault Mr..
Britton, acting under legal advice,
went to the mayors office and notified
the mayor of the affair. Warrants
were issued, and the hearing will take
place today at 2 O'Clock. Accord
ing to the witnesses, the stick used
was a deadly weapon.
Shortly after the attack. Policeman
Lesson heard what he thought was a
pistol shot in Captain Days office. He
went at once to investigate and met
Captain Day leaving his office. Cap
tain Day said that something had
dropped in his office. That is what
Officer Lesson reported to the turn
key at the station house when he left
| for the night.
The details of the attack on Mr..
Britton are told below by witnesses.
Mr.. j. y. Kerr's Account.
Mr. ]. P. Kerr, of Asheville, gave
| the following account of the affair, as
he saw it: II had been in the hotel
| just a moment, and was sitting in the
| lobby with my face toward the cigar
| and newsstand, which is ust to the
| right CT the vestibule as cne goes in,
| was reading q newspaper, but saw
| Capt. Day come in. He turned and
walked up to the cigar stand. Then
1 / saw Mr. Britton standin~ between
| the end of the cigar stand and the
vestibule. just by the little table that
holds the newspapers. He had pa
per opened before his face. / heard
Capt. Day say: Don't you speak to
me, you - -, using vile
epithet. Mr.. Britton threw the paper
| back on the table behind him and
started to go at Capt. Day, and Capt.
| Day came at him with his stick and
started to strike him. Mr.. Britton
| backed off and said: Stand back,
Capt. Day, and went further behind
the counter, saying again: Stand
back, Capt. Day Capt. Day kept MAX
| ing for him and Mr.. Britton advanced
| to him and showed him out from the
space between the counter and the
door. Then Capt. Day changed his
stick and began to hit with the big
l. -
thing, and / rushed in and showed Mr..
Britton back with one hand and Day
with the other, and rushed Day back
across to the wall. Britton followed
him over there, and then got his first
chance to get in lick. He lunged
for Days face. but l think he missed
him. The young man at the cigar
stand had grabbed Britton but he got
loose and caught up with US. Then the.
hotel clerk ran over and between them
they held Britton. / had no trouble
holding Day. He made no further eff
fort to do anything, but stood and
cursed and said he had made up his
mind to stop this newspaper talk
about him, he would kill some of
them.
II wonder" continued Mr.. Kerr.
| chat the blows did not break Mr..
Britton's arm, for it was a big, solid
stick. l could take that stick and
Kill the biggest niger in Wake coun-
| ty with it. i saw no provocation
| whatever for the attack.
| Mr.. ID. f. Stainback's story
Mr.. d. E. Stainback, f Weldon. who
also saw the affair tells how 1t hap
pened thus: Mr. Britton was inside
| the enclosure of the cigar stand.
standing by the table that has the
| papers on it. / saw Capt. Day come
| in. He went to the cigar stand, got
a cigar. and the next thing / knew
| l heard him say: Don't you speak
/ to me you - - -, using a vile
epithet. / saw him raise his cane
! and come down on Mr.. Britton. He
| first used the small end of the stick
and then dubbed it. Britton seemed
| TO be throwing up his arms and de-
| Tending himself the best way he could.
Mr.. Kerr pulled Capt. Day off to the
other end of the lobby and Britton
got over there and was trying to get
at him with his fists, but there We're
| two men holding him. / spoke to
| Capt. Day and he said: Those Id
scoundrels have got to quit abusing
me in the papers. or I'm going to kill
intend to stand it. The stick used by
Capt Day was good stout walking
stick.
Mr. j. n. Upchurch's Story.
Mr.. n Upchurch is the young man
in charge of the news and cigar stand.
He said: "Mr. Britton was behind the
counter at the table with the papers
on. it, reading one of them. Capt.
Day came up and looked at Mr.. Brit
ton and said % you something
or other, / did not hear what he said.
Mr. Britton said: Go on there. Capt.
Day. and stepped off away from Capt.
Dav Then Capt. Day hit Mr. Britton
with his stick and knocked the paper
out of his hands. Mr.. ritton started
out toward Capt. Day and / grabbed
Continued on Page Five.)