The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-17

and let all come out incompetent and
otherwise, and Mr.. Deal stated that
the basis of his editorial in which he
had printed rumors that illicit dis
tilleries had monthly subsidies to the
revenue officers was based on reports
that had come to him from two men
named Church, living on Hunting
creek, two men named Minton and a
man named Gibbs.
After these disclosures Mr.. Deal
was dropped by the defense and
taken UP by the State on redirect ex-
animation.
Other people from whom he had
information, said he. were j. V.
Baugue, Manly Wildes and John
Staley. One of these told him that
he had gone to Jim Halin's blockade
distillery and found Samuels, the de-
PENDANT, there drunk; that he had
gotten liquor and gone away.
A. S. Anderson of Suvis Fork, had
said that man named Vickers told
him that he had gone to spend Sun
day with a relative who was a block
ader that while he was at the house
man named Brown came and told
his relative that the revenues were
coming on Monday whereupon he
TOOK up his still and moved it,
Another ma ntold him that there
was distillery about four miles
from Holman's Ford and that the
path to it was as well beaten as the
big road" Mr.. Biggs had told him
that man named Johnson had said
that he saw revenue officers going
towards a blockade still OF MiIler's
Creek; that he had taken a cross
road to go and warn the distiller who
told him that he had already re-
celved notice and everything was fix
ed.
Nearly every day, said he, had
heard and was repeating the rumors.
Rev. A. T. ardue had said that a
Steam dlstlllery was in operation
within a mile and a half of his
church. He admitted chat no bill
had ever been brought against the
oWnes. although the preacher had
gone before the grand jury. The
ofhcers had gone to distillery after
wards, but the engine and boier had
been removed Several voices of dis
ullers from the crowd: THAT is a
mistake"
G. A. Davis. A. M Vanne, r. G..
cullen, j. V. Baugues j. H. Carrin-
gan and DR.. Werner then testified as
70 the assault, the cursing of Hasty
standing with weapon drawn. and the
condition of Deal after the fight. Mr..
Vanner, who started also to testify as
10 rumors and statements as to the
corruption of officers was stopped on
objection by the defense He admit
TED Jocularly, that years ago he had
given information of impending raids.
j. V. Baugues testified as to hav-
ing heard the story of SamueIs hay-
ing been drunk at blockade steam
disitllery.
There were upwards of twenty mon
formerly distillers under the govern
ment here today who are now COM
monty reported to be in the blockade
business, having come to watch the
trlal and draw conclusions as to its
consequences.
That the political situation here Is
merged in the fortunes of the stills Is
q fact charged by all save revenue.
interests and tacitly sometimes laugh
lngly admitted by them.
When court convened this morn
ing, pending the adjournment for
argument as to jurisdiction. ATTORNEYS
for the defendants and the state were
III conference for some time after
winch 1t was announced by Mr. Hem
dfen that an agreement had been ar
rived a whereby there WOULD he no
argument proper. but that each side
would merely present authorities bear
ing on their contentious as to whether
the mayor did or did not have final
L
course contended that the evidence
having indicated an assault by the two
men, and the CONSTITUTIONAL use of a
deadly weapon having been shown and
serious damage to the prosecuting
witness, the case was one in which the
trial justices had not jurisdiction OK
cept to bind the defendants over 10
the Superior Court. In support of this
view the State offered State VS..
Shelly: State VS.. Hntely and State VS..
Merritt on the question of serious
damage.
In reply, Mr. Green, for the defense.
made quite an old-fashioned speech.
his agreement not to
argue. He tried to minimize the i'm
portance of the case. saying that it
had been given very great publicity
and notoriety in the newspapers but
that in reality it was nothing more
than little fight such as was common
in Wilkes. He referred particularly
to the case of one Staley and Tom
Robinson. Staley a big raw boned fell
low. and Tom a chunkey fat fellow
both fighters. in which Staley had beat
up Tom so that both eyes were shut
and he couldn't see for a week, but
there wasn't anything said about seri
Gus damage. 1t was all just settled
before a magistrate. Just as any such
little matters ought to be settled Ap-
parentiy forgetting the fact that 1T
yesterdays hearing he had insisted
that Mr.. Deal give the source of his
information, Mr.. Green stated that
too much stir had been created about
a little assault and battery case-just
a little fun among BOYS.
Mr.. Holton then stated that he
would suggest that this court had a
wider experience and a more accurate
knowledge of conditions than the Su-
perior Court and would be better
qualified to take jurisdiction and rive
final sentence of a fine.
Mayor Staley then put each Of the
defendants under $500 bond for their
appearance at the August term Of
Wilkes court, saying that he believed
the case had created more stir outside
IL IL