The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-20
SCENES SHIFT IN
WILLIAMS CASE
Twill Reopen in Green's
boro in October.
THE FIVE JURORS CASE
These Men Must Appear This Morning
and Show Cause Why They Should
Not Be Adjudgcd in Contempt.
Another Motion TO Quash
Denied.
Denied.

L
brated case against N. Glenn Williams,
the Old Nick Williams Company and
d. e. Kennedy was this afternoon
continued until the first week of Fed
eral Court at Greensboro This was
agreed to by the court at the earnest
solicitation of counsel for the 1e-
fense. 1t was also agreed tlsat the five
Jurors who have been cited for con-
tempt in connection with the finding
of the bill at Statesyillc must appear
tomorrow morning, and show cause
why they should not be adjudged in
contempt at the reconyening of court
this morning.
Counsel for the defendants entered
the second plea in abatement, ana
made another motion to quash the bill
of Indictment returned by the grand
| Jury Friday afternoon, lew hourS
| after the first bin had been quaShed.
| Neither the defendants nor their coun-
sci had given any intimation of SUCH
a course. and the action came as d
| genuine surprise. The plea in abate-
| ment alleges that the grand jury
which returned the last bill was I'M
| properly constituted, in that W. a.
| Love, of Union county, one OF thc
| Jurors, was not qualified to act as
/
that he had not paid his taxes for the
Judge charles a. Moore. of counsel
| for the defendants. addressed the
court and stated that he desired 10
| enter q plea in abatement ana MAKE
motion to quash the blll OF lhdlCt-
mcnt AS the words fch from MS
Ilips everybody in the court room save
| the defendants and their attorneys
| leaned forward in eager eXpect3nCe.
/ wond ndering what sensation was to DC
| snr11nC next. When he had finished
reading the plea, Judge Moore said:
NAV il please the court, we are
| prepared to show that tho facts Sat
/ forth i'm this plea and these aliidaVlts
ARC true: VIC have an affidavit from
| the sheriff of Union county TO the oI-
feet that Mr.. Love has not paid ms
| taxes"
"What have you to say to that. Mr..
| District Attorney" asked Judge BOYD.
"This is the first | ever heard of it
replied Mr.. Holton.
"Of course. if the grand jury was
disqualified. this bill would have TO
be quashed," responded the court
Turning to the attorneys for the de-
PENDANTS. Judge Boyd continued: II
think YOU gentlemen might have had
time TO find this out and enter this
plea earlier. This case ought to ne
tried"
Judge Moore explained that the in
formation did not come to their ears
until Saturday afternoon, and TINS Wds
the first opportunity they had had of
bringing the matter before the atten-
tion of the court. AS soon as tue
second bill of Indictment was founf
the attorneys for tho defendants te'o-
graphed the sheriffs of the counties
from which the grand Jurors camc ~
,l,oY ,,f hn
not paid his taxes. The government
through District Attorney Holton, con
tended that the failure of Mr.. Love
TO nav his taxes for last year did not
i disdualify him from serving on the
grand Jury, claiming that the statue
/ covered the fiscal year previous to INC
serving of the summons. The delenSe
maintained that the year precea,3|
tho term of court should he "onsld-
cred. which would apply to 1904, ana
disoualify the grand juror. After pro-
lonred argument of the law bear'n
on the case by District Attorney Hol-
i TON and Judge Moore. the court over
ruled the plea in abatement
holding that the contention OF the
government was correct. thal j Jul'l
Love was qualified: that the plea was
flied foo late and that there was nc
allegation that the defendant had SUI
fcred injury or prejudice.
To Answer Charge of Contempt.
The rule issued by Judge Boyd to-
day recurring five jurors to appear he
i fore him tomorrow and answer to the
tcharge of contempt in connection with
the hearing of the Williams case "'
ctateSville follows:
In the district court of the Unlten
states Of the Western District OF
North Carolina, at Charlotte.
The United States VS.. Old NICK VIII
l'ares COMPANY. Glenn Williams and
ID E Kennedy-order.
In this case the indictment having
heen returned as q true bill by the
f,lrv at April term. 1905. OF this court
at Statesville. which said grand jury
/ as annears of record. was duly sworn
and charged as required by law, and
il now being made known to the
court that 7. l.. Sheriff., c. r. Atwell,
! w A Gamble. A. ri. Cruise. A. l.. Ken
nedv who were members of the said
grand iurv. and who were duly sworn
hv taking oath required by law as
such T'and jurors, and who were
present and acting as snch grand Juf--
or. and as members or the sald Grand
iurv at April term. 1905. OF the dis
trict court of the United States for the
western district of North Carolina at
StatesvilIe as aforesaid. participated in
+bo invostiration of the charges set
! fortb in the indictment. and together
| v-;tb tbo other members Of said grand
iur.1 hoard the evidence of the wit
lnoscoe cont 11non the same and consid-