The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-01-29

New superior court conXen-
ID yesterday morning with Judge
G.. S. Ferguson. of Waynesville, pre-
siding.
Judge FerguSon'S charge to the grand
jury was very exhaustive and pcjnted
out to the jurymen in a clear and con-
vincing manner the different duties that
would devolve upon them.
The first case called after the charge
to the grand jury was the Hill Terry
murder case. Both sides said they were
ready for trial
The time that the trial should begin
was discussed and was finally SET 70:
Thursday afternoon at 3 O'Clock.
The state wanted the case set for
Wednesday, but Sheriff Stedman did
not think that this would allow him
sufficient tine to summon the special
yenire.
The names Of all the witnesses, about
ninety in umbe were called and the
majority OF them anSwared.
The following oder was issued BY
the court:
THE defendant ,. H. Terry havi lg
been brought into open court, and this
case having e called for tria the
solicitor for the state having announced
his readiness for tILal and the defen-
dant 8. Hill Terry having announced
his Willingness to try. and it bling
deemed necessary to a fair and Impair
| tial trial OF this Case that q special
| venire OF two hundred and fifty per
| sons he dTawn whose names shall be
/ drawn from the Jul Y boxes OF the coun-
| ty OF New Hanover.
1T is ordered that the oerk Of the
| board of commissioners for said Gun
| ty Of New Hanover bring into o,en
| court forthwith the jury boxes of said
county, and the number of serbs
above specified to wit: W hundred
and fifty free holders shall be drawn
from box No. l. by a child under ten
years OF age, as provided by tayut
G. S FERGUSON,
Judge.
There WAS some discussion az to
whether a judymen was competent TO sit
on a capital case who was not a free
! holder. Judge Ferguson at first said he
would hold that a juryman wao not
competent unless he was a free holder.
The attorneys for the defense took ex-
ception to this ruling, but later JUICE
Ferguson decided that he would not
hold that only free holders should be
competent.
The drawing OF tile jury began about
l O'Clock and in a short time the $50
names had been drawn. A special
force of eight deputies was put to
work at once ~Su1nmoning the jurors.
Several Cf the attorneys in the case
are of the opinion that it viii take "a
venire of at least 500 men before a
, jury Is secured.
Several OF the people drawn on the
special venire are witnesses in the case
at issue. There are said TO be several!
others who do not believe in capital
pun .shIlent. There are a number OF
things that debar d jury and the above
! are only two instances that wouJd de
bar. More jurors viii be dabared on the
ground OF having foIIned and express
ed an opinion than on any other Qua
thing.
: This case will consume at least a
week or ten days and by the time il
is finished very few days will remaiE
for the trial of other cases.
Terry did not seem at all nervou:
yesterday when he was brought into
court.
The attorneys who will appear II
the case are: for the prosecution
Rodolph Duffy, Lewis and Schulken
of Whiteville; E. NJ. Koonce, Of Jack
sonville; Woodus kellum n j. +
Sellars. The defense is represented
by Bellamy and Bellamy, Russell and
Gore, W. p. Gafford and A. j. Mar
shall
The cases against the women Of ii
repute who are charged with selling
beer h license, have been Sc
for this afternoon.
SEVERAL CASES TRIED.
~ - --altvnf