The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-10
In LiIIiston and Clark
Cases.
ARGU MENT IS CLOSED
Justice Badger Says He Has Talked
With Nobody in Regard to Either
Case and That the Decision Will
be Influenced by Nothing but
the Evidence and the Law.

At the conclusion of the exhaus-
tive argument in the Clark case yester-
day afternoon. Police Justice Badger
announced that he would make known
his decision today. This will cover
both the Clark and the Lilliston cases,
each defendant being charged with
the murder of Charles G.. Smith, the
man who was killed by a pistol shot
in the gentlemens waiting room
DIT Union Depot on October 21st,
Saturday of Fair week.
In stating that he would give his
decision in each case To-Day, Justice
Badger remarked that he had not
taxed ABOUT the merits or de-
merits OF either case with any law
yer or any other citizen. and mat mis-
ueciSIon W Ould be that OF himself, I'M
Influenced by anybody or anything
other than the evidence and the law.
The prosecution was conducted by
city attorney VIM. Is. Snow, and he
commended that there was sufficient
evidence tending to show that Glars
was the slayer of Smith to Dlnd the
defendant over to court. His strong
est evasion or the arguments or the
defence was that r. ii. Horton, who
testified that he had received in his
clothes and was wounded by the first
bullet fired, that of Clark, was mistak-
en- in his testimony, and that ball
from Illusions revolver was the one
which pierced the clothing and was
carried away by Horton. He did not
deny that the hole in the panel OF
glass over the west end of the gentle
mems waiting room was caused by q
bullet from Clark's gun, accounting
undisputedly for the second shot from
Clark'S pistol.
The defense was ably conducted by
Mr.. Chas. u. Harris. who has sur
prlSeC the public in turning the cir
cumstances in favor of his client. 1t
was proven that Clark fired but twice,
and that during the firing he was
constantly moving toward the front
door. Mr.. Harris argued that the
State proved by the evidence of S. i.
johnson, r. l.. Holt, o. M Shadrach,
Frank Wilkins and others and the
physical evidence OF the buflet hole In
the western window of the waiting
room. and the evidence of Horton thai
the first bullet struck him, the indis-
putable location of both bullets fired
py Clark. Upon the evidence of Will
IlnS, the States star witness in the
LilliSton prosecution, and OF Arnold.
he declared that Clark shot in self
dfense, as Lilliston had his weapon
on Clark before the latter had even at
tempted to reach his own revolver.
Upon all the testimony of both State
and defendants witnesses Mr.. Harris
urged that Clark was never the ag-
gressor, but was attacked by Lillistpn,
who was filled to the brim with liquor.
He showed in every instance how the
States evidence cOrroborated the
statements of Wilkins, whose testi-
monv made it absolutely impossible
for Clark to have killed Smith. He
said that under the circumstances
Clark was justified in shooting to de-
fend his life, which was the consti-
tutional right of every North CAROLYN
ian.
Mr.. Harris spoke an hour and five
minutes. stating the facts clearly and
distinctly, and argued every point thai
had been made by the State.
Col. j. G. L. Harris, who is associ
ated with Mr. Charles u. Harris in the
defense, spoke briefly ON the law in
volved in the case.
The hearing has been conducted
clearly, and without any feature OF
unpIeasantness and the defendant
Clark, appeared to be highly grati1iea
to know that no violent attacks had
been made upon him. He asserts his
he will be released today.
Women are born to sympathize, and
if they can't find anything else to feel
sorry for they proceed to feel sorry tor