The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-01
BLACKLEY CAUGHT
At FRANKL|NTON
Carried Into Court Yes
terday.
BOND WAS INCREASED
Unable to Give it, He was RemandeC
to the Custody Of the Sheriff and
Placed in Jail. Supreme Court
Opinion Will be Certified Down
TO Superior Court Monday.


Neal in the Superior Court and the
judge increased his bond one thousand
dollars, making it five thousand, hVe
hundred dollars. He was escorted by
Deputy Sheriff H. A. Kearney, of
Franklin county. The prisoner re-
quested the judge to allow him to re-
turn to Franklin county with Deputy
Sheriff Kearney in order to induce MS
bondsmen to raise the addltlonal
thousand dollars, but the judge re-
fused to grant the reqest, saying that
the sheriff of Wake county could car
ry the prisoner back to Franklin IL
he would. The sheriff, however, prob
ably thought there might be too much
risk in this and would not take Black
ley back to Franklin county
Blackley was found guilty of embez-
clement at the last term of the Wake
county Superior Court and was SEN
fenced to five years in the State 5
prison. His counsel appealed the case
to the Supreme Court, and in an opin-
ion handed down last Tuesday the de-
cision of the lower court was sustain
ed Blackley was in Raleigh last
Monday and answered in Superior
Court when his case was called, but
at that time the opinion of the SUI
preme Court was unknown, and the
case was continued to the July term
of criminal court, Blackley filing his
bond then to the July term. Tuesday,
however, the decision of the Supreme
Court in the case was announced, ana
this ended the case But Blackley dis
appeared, and when his case was
called Wednesday he was not to be
found. Judge Neal immediately IS
,ioc. rNy. h i'm Tn
Wake. Johnston and Franklin coun-
ties, and the officers of these coun-
ties were notified by phone of the dis
appearance of the defendant. The
sheriff of Franklin, learning that
Blackley was headed in the direction OF
that county, posted his deputies and
he was captured yesterday as he
stepped from the train at Franklinton
by Deputy Sheriff Kearney. He was
brought directly to Raleigh and when
he arrived here he was Immediately
taken before Judge Neal, who, after
raising his bond, which Blackley was
unable. to give. renlanded him to the
custody of the sheriff, who placed him
in Jail.
The opinion of the Supreme Court
will be certified down to the Superior
Court Monday. and should Blackley
raise his bond. he would secure liber-
ty only until Monday.
Perjured Herself.
Judge Neal has as yet made no dis
position of the case against Thomas
Allen, a married man, and Carrie
Richards, both white, for living to-
gether as man and wife. Both were
found guilty by the jury but judg-
ment was reserved.
A second act in the case occurred
yesterday morning, when the judge
sent the sheriff after Squire r. G..
Reid. a Justice of the Peace, and or
dered that the case before the magis-
crate. being on a warrant sworn out
by the Richards woman against one of
the witnesses, be transferred to the
Superior Court, having concurrent
jurisdiction of such cases The
Squire was reluctant to turn the case
over to the judge, but offered no re-
sistance.
On Wednesday afternoon after AL
len and the woman had been found
guilty, the woman, accompanied by
the wife of Allen, appeared before
Magistrate Reid and swore out a
warrant for w. NJ. Ray, commonly
known as Mick Ray, of Bartons
Creek township, who was witsess for
the State in prosecuting Allen and the
woman. She swore that Ray was the
father of her two year old child, af-
tCl II Ildu DS6l proved III court Indt
Allen was its father, and swore that
she had lived with nobody but Ray.
The constable soon found Ray, who
gave bond for his appearance.
Yesterday morning, when Judge
Neal heard of what had occrred he
summoned the magistrate to appear be-
fore him, bringing the papers with
him, and then had the case removed.
The woman took the witness stand,
a inc
not to perjure herself. again swore to
the same statement she made to the
magistrate.
The jury returned a verdict of mot
guilty" and Ray was dismissed.
1t seems that the woman swore out
the warrant in a spirit of malice and
resentment, Ray having been one of
the principal prosecuting witnesses.
Other cases passed upon were as fol-
lows:
A juror was Withdrawn in the case
against j. j. Markham for obstructing
a cartway and mistrial resulted
Marvin Medlin plead guilty to an as
sault with a deadly weapon and was
fined $40 and costs.
Elburt Jones plead guilty to an as
sault with deadly weapon and was
sentenced to sixty days on the roads.
Judgment was suspended in a case
against him for carrying a concealed
weapon.
Sam Jones plead guilty to carrying
concealed weapon and was fined SIS
and costs
James Pitman was found guilty of
larceny. and Mumford Curtis was
found guilty of receiving stolen goods.
knowing them to have been stolen, but
judgment was reserved.
Flo Baldwin was found not guilty
of larceny and receiving and was dis
charged.
The John O'Kelly case was called
but William Mangum. Jr., the princi-
pal prosecuting witness. failed to APP
pear and Judge Neal issued an in
stanter capias for him to testify as a
witness. The defendant is charged