The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-25


will cast an anchor to windward and
catch some old stumps. We want the
facts so as to fix the amG~4lt of ball.
unless we can agree on it," Here
Col. Harris read the warrant of arrest,
this for assault with a deadly weapon,
a pistol, with which a serious and
perhaps mortal wound had been in
flicted on Dockery. That's all you
have to consider" said he to Justice
Separk. Here's a man shot and out
of danger and all you have to do is
to fix the bail. Now let DR.. Register
testify
rs it admitted that Dockery is
out of danger?" here asked Col. Argo.
To this Col. Ryan said, I'VE admit
that Dr. Register said so to Mr.. Jones
and TO me two hours ago that Dock
cry is out of danger as to this wound.
On this Col. Argo announced, Then
we desire to ask for bail and for
the fixing of the time for the pre-
liminary hearing"
Then came a remark from Justice
Separk: lone of the attorneys for the
State, Mr.. Fuller spoke to me Satur-
day and asked that today be set for
the hearing" This Mr.. Fuller eX-
planned, was mistake, that he had
only said that he supposed the case
was continued till today That's
right" said Mr.. Separk.
Then Col Ryan declared it the pur-
pose of the State to show not simply
an assault with deadly weapon, but
a secret assault. That's a fact we
think we can SHOW" he said, and then
asked that the court allow the war
rant to be amended; as it had that
right, that this was no ordinary as
sault, but one in secret and with
malice, the punishment of which is
for a felony, from twelve months to
twenty years imprisonment, or as
high as $4,000 fine or both, as set out
in chapter 80, Acts of 1887.
Here Col. Harris asked the court to
hear DR.. Royster. Wait till Wednes-
day" urged Col. Ryan. Here Justice
Separk came in to say The time to
amend the warrant, | think, is at
the preliminary hearing and not on
the request for bail.
Then DIR. Royster was called, and
being sworn Ire said John Dockery
is now able to sit up two-thirds of
the day. his temperature and pulse
are normal, and he suffers no pain. |
The bone in his arm has healed nicely |
and on Saturday we located the bullet |
in the arm. The other bullet is |
quiescent and his condition as to his
chance for living is good. | consider
him, humanity speaking, out of all |
ment being made without consultation |
with the other attending physicians.
Then there was q long wait while |
DR.. Register sat in the witness chair.
Finally he was excused and all the |
counsel gathered to consult as to bail.
The State wanted this to be $4,000 |
but the defense would not agree. Again
back in their seats there arose Col.
Harris who asked Justice Separk, as
he had heard DR.. Register, to now fix
Mr.. Fuller spoke up then and de-
clared he did not see how bail could
be fixed unless the facts were known.
Would it not be more for a secret,
attack than j ma case. of
Self-defense?' he asked and said the
State was willing for bail in a proper
amount" Col Argo emphatically de-
clared no one could keep his client
from getting bail, and that he desired
the amount fixed. Col. Ryan declared
It was no ordinary case and that the
State wanted time to produce evidence
SO as to show the amount of bail to
De required Then Col. Harris urged
hat the bail be fixed that the wound
I'd man is out of danger. I'VE demand
hat bail be fixed he cried out.
I'VE ask to amend the warrant so
is to make it charge. a secret assault,
Interrupted Mr. Fuller.
mot now. This is not a trial and
LII we ask is to have the bail fixed,
insisted Col. Harris.
But Mr.. Fuller argued vigorously {
'or the amended charge and said the
State could prove its contentious Here
col. Harris asked IF you put in secret
assault is that all % To this there was
some demur and then Col. ArgO called
)ut, "Oh, put in murder three times
f you wish" Col. Harris came in the
scrap to say II don't understand what
your continued objections are for? |
want to know who will swear it was
secret assault? We are ready to
meet you at any point so let's have
lone with this quibbling."
Mr.. w. B. Jones then addressed the
court in reply to Col. Harris. Il never
heard SO ridiculous a proposition as
you make he said and declared that
lnder the law the court could amend
he warrant, as it could have done ifl ,
Oockery had died, then making it I
murder The court could fix bail on
Rogers recognizance, or say $25, he
declared, but that the State asked the
pail be put at $4,000.
Then Col. Harris declared the State ]
Kept saying it had no objection to bail, |
)ut kept putting obstacles in the way.
He illustrated his side of the argument
~ relating a joke told of a teacher /
n astronomy who told a small boy d;
hat a certain small star was larger
han the world in which he lived. The I
BOY answered, Then 1t has a On
poor way of showing it." He applied s
t to his brethren, leaving out the I
less words, and said they had a poorl
way of showing they wanted bail al s
owed. He maintained that $500 or |
900 at the greatest was a sufficient ]
bond and renewed his plea for imme- !
late bail, with a Willingness to let {
he State put off the preliminary trial t
Is long as six weeks. He held $10,- {
100 as excessive extortionate and un- s
ust and said die asked no faVors.
There was more speaking along the {
same line on both sides. Col. Argo |
wanted to know why it was now that {
t was desired to put in secret and ,
malicious assault" and patch up the ,
warrant. He declared his client could +
rive $4,000 bond if necessary But
rou can't put us back in Jail as long
Is there are banks and men with
money in Raleigh" he cried out.
Mr.. Fuller insisted again on amend ]
ng the warrant, and at one and the
anne time there We're arguments going
N from Messrs. Fuller, Argo. Harris
nd Ryan, Col. Harris voice finally
,eing heard to say 1--WE are not going
O let YOU amend it if we can help.