The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-01
COLONEL HARRIS
WAS NOT HELD
Judges Decision To-day
as to C. C. Jones.
In THE BOND HEARING
Solicitor Armistead Jones Said He
Was Forced to Conclusion There
Was No Evidence Against
Harris. but He Insisted
Jones be Held.

Col. j. c. l.. Harris was discharged and
Judge Brown is to decide this morning
whether or not he will bind over to
court c. C. Jones, of Goldsboro, on the
charge of receiving stolen goods. That
is the status of affairs up to date in
the Godfrey bond scandal, the net re-
suit of yesterday mornings hearing IN
the matter of the bench warrants issued
several weeks ago. Mr.. II. 2. Dortch, Jr..
the third man for whom warrant was
issued, was not present yesterday, 1t
having been impossible to locate him.
Col Harris and Mr.. Jones we're both
present. Judge T. B. WomacK, Mr.. S. q.
ityan and Mr.. j. n. Holding appeared Tor
Col Harris, and Mr.. Horace Comfort. ct
New York, for Mr.. Jones, while MeSsrs.
Pou and Fuller represented both Mr..
Jones and Col. Harris. Solicitor ArmlS-
tead Jones appeared for the State. Mr..
". z. Murchison, attorney tor Mr.. God
Trey, was also present.
Neither Col. Harris nor Mr.. Jones took
the witness stand, and their evidence Ia
ken before the last grand jury was not
put in, nor that of Mr.. Dortch before the
grand jury. Counsel for the State asked
that Mr.. Dortchs evidence be allowed,
but il was ruled out as not competent.
The defendants counsel offered the testi-
n.ony OF Col Harris and Mr.. Jones, but
II was not used After the hearing was
over, when court had reconvened alter
the recess for dinner, Mr.. Pou went into
the court room and stated that as the
grand jury had examined Mr.. Jones, and
the Solicitor had his evidence given at
that time, the defense had nothing to add
to it now.
The hearing occupied q good part OF the
morning session of court. 1t was taken
up the first thing after court was con-
vened for this term. The witnesses ex-
amined were Mr.. ]. l.. Godfrey, OF Jones'
boro, owner of the stolen bonds Mr..
w. b. Snow, member OF the Raleigh bar;
Mr.. E. w. Pace, of Wilmington; Mr..
Henry Mckee. OF Goldsboro; Mr.. Jos.
g. Brown, president of the Citizens Ma
tional Bank of this city, and State
treasurer b. r. Lacy. Attersthe evidence
there was brief argument by counsel.
Alter the last witness had testified,
Solicitor Jones announced that the State
rested its case. Mr.. Pou said: I'VE do
not consider chat the State has shown
a scintilla of evidence that any offense
has been committed" Mr.. Pou, contln-
uIng, said
I'VE submit that this case has been
perverted from the true facts Those de-
teHdants have done nothing. They have
saved the bonds for Mr.. Godfrey. There
has been no conspiracy, because no COM
munication has been shown between Mr..
Jones and Col. Harris. There was no
oxtortion, because MIR. Godfrey was in
- -, foot hon hn Yanld nv
the money" Mr. Pou declared that Mr..
Godfrey might have instituted claim and
delivery proceedings, as soon as Col. Har-
ris told him what he did, but that in
stead of that he had voluntarily paid
over the money, and that, too, after con-
sultng with his lawyer.
Judge WomaclI commended that there
was no evidence which constituted in law
an offense which was indictable at COM
mon law or by. statute; that extortlon
is an offcnse relating exclusively to per-
sons holding public Office; that black
mailing is a statutory crime embodied in
section 9S9 OF the Code, and that as to
J. G. L. Harris the evidence did not con-
stitute either oftense or any indctablo
Cncuse.
Solicitor Jones said that it looked lit
Ito strange that Jones should require Sc
curity of $4,000 for loan of $500. The
Solicitor went on to say that the he had
conc everything in his power to bring out
the evidence.
Finally Judge Brown asked him:
what particular offense do you charge
Harris WITH" and the Solicitor replied:
Il am forced to the conclusion that
Judge Womack is right in his view OF the
law. l have looked into it very thor
cughly and | must confess | do not sec