The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-08-22
?. ". GARY IS ElOhERATED
Justice Haniss Dismissed the Three
Cases.
His Wife Was Also Indicted and Case
Against Her Dismissed-Was Ciiarg-
ed VIII, Assault With Deadly Weap-
on-Xar1a ants Charged That As
suults Were Made More Than UDc
Year ago.

much has been said, was disposed OF
Paul ". Gary and his wife !
were indicted under three warrants III
of which they were charged with |
making an assault upon Mrs. Carr S
daughter, Miss Lizzie Owens, with al
deadly weapon and the third warrant |
charged a simple assault. The proceed
incs were before Justice Geo. ~Har-
riss and he dismissed the case. The
case was tried yesterday morning in
the county court room.
In a case of this nature it is not Gus
tomary for the witnesses to receive
nav unless the case goes to the Supe-
rior Court. 1t is fortunate for the
prosecutors that this is the case io7
there were about So State witnesses.
This case has attracted considerable
attention because of the charges made
against Mr.. Paul w. Gary who mas
always borne an excellent reputation.
Mr.. Gary is we'll known here and those
who knew him were lev willing to be
lieve that the charges preferred were
true.
The prosecutors as named on me
warrants were, J. W. McCumber, Mrs.
M. c. Higgins and E. Skipper, the first
two charging assault with deadly weap
on and the last assault and battery.
It was not charged in the warrants.
but the reason that had been assigned
for the alleged mistreatment Of Lizzie
Owens was thai she possessed valuable
property and that her mother and step
father wish to get possession Of it.
When the case came up several days
ago, at which time it was continued,
Hon. John D. Bellamy, attorney for
Miss Owens, stated that she did net
wish the proceeding to go further, that
she had made no complaint against her
mother and step-father and wished :he
matter dropped. When the case came
I'D for trial yesterday, Hon. John D.
Bellamy did not appear in the case nor
was Miss Owens present.
Soon after the examination Of wit
|nesses was begun the court ruled that
he would dismiss the charges against
Paul Gary as the prosecuting witnesses
had never seen him commit an act in
(which he would be guilty of assault
with a deadly weapon and furthermore
that according to the witnesses exam
ined he was not in the house at the
time the alleged assault was made. Orc
warrant charged that Lizzie Owens vas
assaulted with a deadly weapon on ALL
gust 18th, 1904, and the other warrant
charging a similar %offense, named the
time the act was committed as being in
July, 1904.
that complaints had been made to him
as to there being disorderly conduct in
Gary's house, but that he could ascer-
tain nothing that would justify him in
arresting the parties. He testified
that Justice Bornemann came to him to
get him to sign an affidavit but that he
refused to SIGN it.
Policeman Skipper testified that
| when he swore out the warrant that
he did not think he was making a III
rect charge but only swOre it u on
information and belief. He said he
knew nothing about the parties and
had only heard complaints in regard to
the house where Gary lived.
| The evidence of other witnesses
showed that on one occasion that Mrs.
Mary was seen standing in the cocner
of a room with an uplifted chair in ner
hands like she expected to strike some
one, but the witnesses who testified to
seeing her in this attitude said she
struck no one. Other witnesses stated
THAT on one occasion Mrs. Gary was
seen to have a knife in her hand ano
made the" remark "I would cut yaal
heart out before you should run over
me and my daughter"
Mrs. Gary is an old woman and is
very decrepit and Miss Lizzie Owens is
a woman who will weigh something
like 40 or $50 pounds. Mrs. Gary said
that when she had the chair in he.
hands it was in ~seff-defense. She dis
claimed ever having treated the youns
woman cruelty and stated that So
turned all of Miss Owens property Owe
to her years ago.
Justice Harriss in dismissing tn
cases said that there was no evidence
to show that Mrs. Gary had ever strucl
her daughter.
Mr.. Herbert McClammy, attorney 20
Paul w. Gary and his wife made
motion to have Justice Bornemanl
made the prosecuting witness, but Ii,
court ruled against him, holding tina
he only searched up the parties at tn
iinstigation of those who had mad
complaint.
Paul. W. Gary and wife were repre-
sented by Messrs. H. McClammy an