The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-22
AND SMITH WAS /
He Submits and Has to
Cough Up $3.50.
The Man Who Sassed the Ladies, and
Who Kicked the Boy, Who Did The
Military Whistle" Stunt at
Caraleigh Mills.


matter r. d. Smith, boss carder and
spinner at the Caraleigh Mills,
charged with kicking a boy and using
unspeakable language to women sub
mitted yesterday to the charge and
paid fines and costs amounting TO
$3.50. The evidence was lively and
went to show that Smith IS boss
cusser and kicker.
This is the case in which Smith got
into trouble on Tuesday at the home
of Mr.. B. MCGEE near the Caraleigh
Mills. 1t was charged and proved by
witnesses that Smith, who comes from
the North and has only been at thu,
mills for a short while, kicked boy,
Daily Brady, for making a noise
known as the military whistle" and
also kicked a bucket, owned by Mrs,
MCGEE. off the well platform in her
yard three distinct times, at the same
time using profane language.
The trial was. held before Justice
of the Peace Barbee yesterday morn
ing, and there was great throng Of
mill people in attendance, a number
of women and girls testifying in the
case. Smith was represented by Mr..
Elmer Shaffer and the prosecution by
Col. j. c.. l.. Harris. Two cases were
made against Smith, one for kicking
the boy and the other for cussing a
Mrs. MCGEE in the presence of other
women. In each case Smith submit
ted, the fine in the first being SIS ana
costs, in the second 81 and costs, total
$3.50. Justice Barbee heard evidence
before putting on the fines.
In the first case Daily Brady aged
16, Oscar MCGEE, aged 16, Alfred
Reaves, aged II, and Hubert Harris,
a young man, were put on for the
prosecution and G.. w. HurSey for the
defense. 1t was brought out that
Brady and the two McGee boys were
on McGee's porch, whistling and beat
ing on a box with a Shatchet as a sort
of boys band concert. that Hursey,
whose house was fifteen feet away,
asked the boys to stop as his wife was
sick, but that they kept up the noise,
and that Smith, who was on Hursey's
porch, went over to the McGee house,
caught Daily Brady by the arm and
kicked him off the porch, this stopping
the racket. Hursey in his testimony
declared that few days before one
of the MCGEE boys had pointed gun
at his wife, and so frightened her that
she gave premature birth to child.
and that he had told the boys that
his wife was sick, and that Smith
acted without his request to do so.
The second case was the fuss with
Mrs. MCGEE. 1t appears that Mrs.
MCGEE used a tin bucket at the well,
half of this well being for her use,
half for the Hurseys, and in this
bucket washed out an infants under
wear. Smith objected to the pieces of
cloth as dirty and unfit to be at the
well, and that Mrs. McGee poured
the water too close to it. He went
over and kicked the bucket off, saying
he would kick the ID bucket off
every time Mrs. MCGEE put it back.
This occurred three times, and Ky
Mrs. MCGEE and her witnesses it was
testified that Smith called her ID
SLOUGH, a id slob, a ID liar and
worse. Smith acknowledged to kick
ing over the bucket and saying he
would kick the ID thing off, but
denied the other cursing, saying that
Mrs. MCGEE cursed him for a id
For Mrs MCGEE the witnesses were
herself, Mrs. Della Windham and Mrs.
Essie Aycock, all quiet respectable
looking women, while for Smith there
was G. W. Hursey, Miss Wick Hurscy
and himself. Miss Hursey was the
youngest of the witnesses and We'd in
good looks with Mrs ESsie Aycock,
her dashing wide brimmed hat being
worn with a jaunty air, while vigor-
ously she chewed gum as she talked.
Mrs. MCGEE related the story of the
kicked bucket, and declared the pieces
of cloth in it were clean She told of
the "cussin" done by Mr.. Smith while
Mrs. Windham and Mrs Aycock were
with her and sat in the hall. and
as she described it was unspeakable
in it's vulgaritY. Il got mad, said
Mrs. MCGEE. "for he was on my side
of the yard, and as he kicked and
cussed l gathered rake and tried TO
hit him with it. / don't know whether
L, FL 10,
at him, and was so mad that | could
not see. l used the rake as any other
lady would have done, and l wanted
to hit him. | did not cuSS him for l
am member of the church and don't
cuss'
Here Col. Harris broke in to say 81
would have had you granted eXemD-
ton to cuss as was once done for
another friend of mine. 1t was time
to cuss."
Then Mrs. Windham took up the
story and confirmed Mrs McGec. In
telling of the time when Mrs McGse
was uSing the rake after Smith had
called her "a ID SLOUGH" she said
Il asked her to stick the rake in him
to the handle, and that / would break
off the handle. If he had done at my
house as he was doing I would have
shot him" At this time as Attorney
Snd1Ier asked nST IL SHE was llOI III
citing Mrs. MCGEE to murder she said
Eyes, l advised her to kill him, and
l would have helped her"
Mrs. Essie Aycock confirmed the
statements made, and then Smith
stood up and testified. He is rather
benevolent-1ooking old fellow, wears
glasses, is grey and somewhat scarce
of hair on the top of his head. A
standing collar with no cravat topped
off rather frowzy looking shirt. He
acknowledged to kicking the bucket
and "damning" about it, but acknoWl-
edged no other "cussin." He granted
that what he did in kicking the boy
and the bucket was of his own accord
and without authority, that he was
simply acting as a protector to the
Hurseys and had no right to act as
he did When he told of Mrs. MCGEE
"cussin' him that lady vigorously
shook her head.
G. w. Hursey was put on for Smith,
but his testimony amounted to little.
Then appeared the dashing Miss Wick
Hursey and the wad of gum She at
first testified that she only heard Mrs.
MCGEE "cuss" Smith for "a ID
--," but finally remembered that
Smith had "cussed round some and
called Mrs. MCGEE ID hog,