The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-29
INDICTMENT FOR
MURDER FOUND
True Bill Against Nails
Attendants
WILL FIGHT EXPERTS
Theory of the State is That, Whether
or Not Diagnosis Was Justified by
Symptoms, Nails Death Came
From Other Causes Than
DiIatation of Heart.


cases of State VS. L. II. High, j. c..
King. Jack Peele and F. I. Durham
were continued on motion of the de-
PENDANTS until the January term of
Wake Criminal court, the day when
their trial will begin being set for Mon
day of the second week Of tnat
term.
The continuance followed upon ar
gument made by Messrs. T. Nj. ArSo
and Ex-Governor c. 3. AycoCE for
the defendants who made the motion
for continuance upon the grounds that
up to today they had no opportunity
of seeing the testimony brought out
in the investigation by the Board OF
Directors OF the Hospital; that they
were not advised as to the character
OF the bill to be sent, which left them
i'm the dark as to the defense they
would have to elect to make; and on
the further ground that from the ma
ture of the case and the wide COM
ment that had been made thereon in
the press, their clients could not have
the fair and impartial trial to which
they were entitled until after the pas
sage Of sufficient time in which pub
lie feeling might cool so as to ensure
ing a calm Judgment from the testi-
mOny.
The motion was opposed by eX-
Judge r. 3. Womack, who appeared
for the State by employment Of Gov
ernor Glenn. He contendal that
since the death of Nall occurred as
long ago as the gath of August and
the testimony both before the coroners
Jury and the Hospital Board had been
~ -. f,,lI 1ofn
had ample time to prepare their case.
He urged that counsel had shown no
legal grounds for continuance and
asked that the court let the trial pro-
ceed. In speaking to the court, Judge
Womack denied a statement made by
Col. Argo that the testimony adduced
at the investigation by the Hospital
Board was at variance with that
brought out at the coroner's inquest
basing that assertion upon the fact
that the report of the directors had
not reached q decision between the
relative merits of the two diagnoses Of
death contended for by Drs. Jordan
and Taylor, on the one hand, and the
seven expert witnesses examined on
the other.
The solicitor stated that. while it
had been conceded that the evidence
was not sufficient to justify him in
contending for a verdict of murder
i'm the first degree. he had stated to-
counsel that he had intended to bring
"A bill for murder in the second de-
gree.
After argument the court granted
the continuance and the date of trial
was set as stated above.
True Bill for Murder.
The indictment against the four
Nall attendants was brought by the
grand jury shortly before / o'clock,
while the Hubbard case was being
argued 1t is for murder in the first
degree. as is customary in all cases
of homicide. 1t is, of course. under
stood that the State will not, however,
contend for conviction of the capital
felony.
The four defendants were in court
and with them sat the father OF
Peele, a venerable looking old man of
upwards of sixty, with long white
beard which is curiously very black
about the chin. All the defendants
are young men and yesterday they
were neatly dressed with white turn
down collars and four-in- hand ties
with stick pins in them. King and
Durham are short, thick-set young fell
lows, looking as though they came
from the farm, King having curiously
arched black eyebrows over rather
low forehead. High is very small
young man, of a blonde appearance
and with tow hair; while Peele is a
long gangling fellow with a fine head
covered with close curling ringlets
and deep. dreamy looking eyes. His
whole appearance is distinctly that
of a son of the soil, POLITICALLY in
clined.
All the counsel were present at the
time excepting Mr.. Frank Daniels. of
counsel for Peele. They are: for the
State. the Solicitor. General II. A.
London. II. NJ. London, r. II. Hayes,
of Pittsboro; EXJudge t. b. Wo-
mack, of Raleigh; for the defendants
Aycock and Daniels of Goldsboro,
Argo and Shaffer Ryan, Harris ana
Harris, OF Raleigh
The defense has already subpoenaed
all the seven expert physicians eX-
amined by the Board of Directors or
the Hospital and. it is understood.
will have additional expert testimony.
Other witnesses subpoenaed by the de
Tense are e. W. Gather. John BeCh-
with. Perrin Busbee, Alfred Woodall
and Burton Smith.
The TheCsy of the State.
General London, when seen later in