The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-25
Claims Self Defense in
Shooting Dockery.
FOR SECRET ASSAULT
DOckery's Physician Having Reported
Him Out of Danger, Bond is Allowed
Rogers, and the Warrant Against
Him Amended for Secret AS
sauIt and WayIaying.

After thirty days in Jail, waiting fol
the physicians to pronounce John
Dockery out of danger, Policeman
Isaac W. Rogers, who shot Docekry
on the oath of June on the steps
in the Tucker building, was yesterday
released under bond of $4,000.
Thiss bond was allowed only after
a series of argument for and against,
lawyers on both sides speaking time
and again on points raised. The State
and the lawyers retained by the Dock
erys for the prosecution resisted the
putting on the stand of the physician
to say Dockery was out of danger,
asked for a pOStponement of the hear
ing, insisted on amending the warrant
so as to make it for a secret assault
and waylaying by Rogers, and urged
that $4,000 bond be required.
The defense insisted on having the
physician testify, and won, insisted on
the hearing of the case for bail, and
Won objected to the amending of
the warrant at this time, and lost
asked for bail at from $500 to 1000
and were allowed to give bail in the
sum of $4,000. Each point was Wig
orOusly contested and the arguments
We're very strenuous and full of fire.
The hearing began shortly after
1870 in the court house, the sheriff s
office, where the hearing was to have
been held proving too small for the
crowd, though there were not more
than fifty or sixty present at any time.
For Rogers there was present Col. j..
G. l.. Harris, Col Il. NJ. Argo, Mr.. Ell
mer Shaffer and Mr.. Charles u. Har-
ris. For the State there was Mr.. Will
liam b. Jones, and with him Col S.
nd M E1tlI Nv.
Claude Dockery. uncle of Mr.. John
Dockery, sat with these attorneys and
consulted with them. The case was
heard by Justice Separk.
Policeman Rogers, the defendant,
came in from the Jail after the crowd
assembled. He was in his blue uni
form as a policeman. his dove colored
helmet in his hand. In appearance
he had not changed noticeably be-
cause of the month in jail. His face
was fair and rosy, his hair white as
the driven snow. He looked healthy,
neat and alert, his eyes bright and
flashing. Frequently during the many
spats between counsel he would get
up from his chair and lean over his
attorneys to say something. He
watched each speaker closely and his
face told his feelings plainly as
speeches for and against him were
made. The blood rose in a torrent to
mis- face as Col. Ryan denounced his
shooting as assassination, but when
Col. Argo declared it to be justified
and in self-defense a pleased look
crept over his face.
After Justice Separk had allowed
bail there was some delay, as parties
who were to go on the bond were
almost all at dinner. Finally some
of these arrived and at a quarter to
three o'clock Rogers left the court
house. The first to sign after Rogers.
who affixed his name about ten min
utes after two, was. Mr.. F.. 3. Ray,
who justified for $500. Then came
Mr.. Henry E. Litchford, who justified
for 5000. Later Mr.. Ed. V. Denton
justified for $1,000, and then came as
bondsmen Mr.. n. b. Broughton Mr..
G.. B. Edwards and Mr. Jesse G.. Ball.
The bond is for Mr.. Rogers appear
ance at IL o'clock on Tuesday, the
18th of August before Justice Separk,
the day for which the preliminary
hearing is set.
Mr.. Rogers had been greeted warmly
by number of friends as he entered
the court house. After bail was
granted many shook hands with him,
this occurring time and again as he
passed down the steps of the court
house and out to the street. Going
up Fayetteville street he was stopped
grasped, until he was lost sight of at
the market house where a number
of policemen gathered about him and
shook his hand
Asking for The Bond.
Col. Harris opened the proceedings
by saying that he desired bail to be
allowed his client as he understood
that Mr. John Docerky was out of
danger, that DR.. Hubert Register was
present to so testify. Col. Ryan said
that the State had no disposition to
oppose bail, but that this request now
came as a surprise, that it was not
until in the last two hours that he
had learned that Dockery was out of
danger. Because of this short notice
and in the absence of one most ma
terial witness, Mr.. James II. Pou, he
asked postponement till Wednesday,
so that the case might be presented
and the proper amount of bail be
fixed
Col Harris declared that this was
no preliminary hearing that he was
only asking for bail till the hearing
and that Rogers counsel desired him
out of Jail so that he might consult
with them and prepare his defense
He said he had seen Mr.. Dockery
twice at the hospital and that with
out complications he seemed out of
danger, having been also told this
by Dr. Register, whom he again asked
the court to hear
Here Col. Ryan insisted that the