The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-12


DIAMOND DYES, Burlington VT.
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almost the appearance of badness and
the grey tinge> to the hair brushed
back away from the ears, DR.. Kilgo 8
appearance at first glance is boylsh
the look of his figure and his size
seeming Slighter and smaller than they
really are. His clothes have the
knack of fitting and were 1t not for
their clerical cut and the low vest and
white tie one would look elsewhere
for the preacher built up by ordinary
observation.
Mr.. Duke Not Present.
MIR. Duke. the co-defendant, was not
in attendance 1t being supposed that
the first day would be consumed IN
getting jury and preliminary teStl-
mony of a nature not to require ms
| presence.
Judge Moore called the case and
and the plaintiff answered ready.
"Are the defendants ready, gentle
men ?" asked Judge Moore, his tone
| perfuntoIy, and then came the sur
| prise of the day.
NO sir" replied Mr.. Pou, 1--WE are
not ready"
Immediately Mr.. Armistcad Jones,
| of counsel for the defense, arose and
1
above, after which Mr.. Pou spoke to
! the motion.
Charges Waiting Supreme Court
Change.
"In addition to the other causes
which have been stated by the de-
| Tense" said he, there are two facts
| understood but not stated by the de-
| PENDANTS heretofore. While this case
was removed from Granville to Wake
| county two years ago, it was not until
! last October that any effort was made
! to place ii on the calendar for trial.
| We thought they were waiting for the
| Supreme Court to change. The Su
preme Court changed in January. At
| ter waiting seven terms, 1t was placed
| on the calendar at the first term from
which it would go to the new Supreme
| Court
Mr.. Pou went on to state that the
| case had gone over by consent on the
| suggestion of Colonel Argo that both
| Judge Graham, the leading counsel as
to facts, and Mr. Biggs, who he under
| stood had chiefly prepared the law IN
! the case. were candidates. Again 1t
| had been agreed that ii should go
past the February term which fell
| during the last weeks of the LeglSla-
ture. because Judge Graham and Mr..
| Riggs were engaged in that body, ana
| the April term of court was selected.
| There had been two years and no at
| tempt to set the case except at the DC
| tober term. Even when April had
| been selected counsel for the defense
had been kept i'm doubt because Col.
| Argo stated that Judge Graham was
sick: afterwards his wife was sick and
| counsel were told that the case would
| be tried If they got well. Finally Col.
Argo had stated that it would be tried.
The defense was ready to try, said he.
Engine of Death Interviewed
"But when the court came, the en-
CINE of death came in and interviewed,
| striking down the father of one and
the member of the church of the other
| defendant
1t was the first time in his recollec-
ton, he stated, that a plaintiff had
/ ever opposed in North Carolina sim :
liar motion under like circumstances
/ Your honor set the case for today
Then we started to get ready; today
We are Informed that two of our most
material witnesses cannot come"
/ One of these, said Mr. Pou, was
"honest. good-hearted Will Odell, +"
| who heretofore has "stOod with us in
the prisoners box. The jury told him
to go and we summoned him as wit
ness" The court in his own county
had a prior claim on his attendance,
his wife is sick in bed. bred Peacock
was bed-ridden.
1t might be said, anticipated Mr.
Pou, that the defense had not been
dilgent. The two defendants had
been at the bedside of a dying man.
ut was a physical manifestation Of
the improperly of forcing trial. If
they had not been at the death bed
they would have known of the inahil-
ity of witnesses to attend; as it was
they knew for the first time this morn
ing; as it was, they hurried to Raleigh
from the new made grave.
The defendants, said Mr., Pou, were
not running from a trial 1t was
painful thing which they would avoid,
as all honest men would, avoid un-
pleasantness, if they could, but they
were not running.
without Precedent, Says Pou.
Seeing that in six years they have
not before asked a continuance; see
ing that our charge of Mr. Washing
ton Dukes serious illness is shown not
to have been trumped up, since Mr.
Duke has died" he thought the de-
PENDANTS were entitled to a continu-
ance. Mr.. Duke had been buried the