The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-17
Judges Hoke and Brown
Order Their Release.
EYE WITNESS FOUND ?
Stated On Good Authority That an Eye
Witness OF Nails Capture Will Testi-
fly in Trial and Contradict Mas
sey's Story...High, Durham
and King Give Bail.

Petitions for writs of habeas corpus
were yesterday granted in the cases of
the four Hospital attendants in Wake
county Jail charged with the death
of Thomas II. Nall.
OF the four men, three have already
been released on one thousand dollars
bail, the sum specified in the orders of
Justices Hoke and Brown, who heard
the petitions for the writs These arc
w. f. Durham, L. r. High and j. c.
king. Peele, whose horne is in Colds
boro had not secured bond last night
and Will probably be admitted to bail
today or on Monday.
AS stated on yesterday, the writ of
nabeas corpus was applied for in the
case of all the attendants ant
day afternoon. and the hearing upon
the petitions was set for half past
nine o'clock tomorrow morning. On
yesterday, however, Messrs. Argo q
Shaffer brought a petition for writ
in the case of Durham before Justice
Hoke, who went at once into the
hearing the solicitor of the district
being present to represent the State.
There were no witnesses examined,
but by agreement the newspaper re-
ports of the testimony of the doctors
examined at the hearing before the
Directors of the Hospital We're placed
before Judge Hoke for his guidance,
and, acting upon the information
therein set out, he at once ordered
the discharge of the petitioner upon
the giving of bail in the sum of one
thousand dollars.
After the action Of Justice Hoke,
Judge Brown, before whom the first
petitions for writS were brought, TOOK
similar action and ordered the release
of the other three attendants upon
the giving of the same amount of
bail, consent to this course having
been given by the Solicitor.
Before two o'clock the three men,
High, King and Durham had given
bond and were at liberty.
Order of Release.
The order of Judge Brown releasing
the prisoners was as follows;
North Carolina-Wake County.
AT Chambers
Before Hon Geo. H. Brown, Jr.,
Associate Justice Supreme Court.
State VS.. L. r. High, ]. c. King, Jack
Peele.
To NJ. w. Page, Sheriff of Wake Coun-
ty-Greeting:
You are hereby commanded to re-
Jack Peele from custody and impris-
onment upon each of them giving
justified bond in the sum of $1,000, to
be taken and approved by the Clerk of
Wake Superior Court for their APP
pearance at the next term of Wake
Superior Court, which convenes on
the 25th day of September. 1905. BY
consent State Solicitor
(Signed) G.. H. BROWN, Jr.,
Associate Justice Supreme Court.
Attorneys in the case are S. G. Ryan
and j. c.. L. Harris for King and
High, Aycock & Daniels for Peele. and
Argo & Shaffer and j. II. Pou for Dur
ham.
Dr. Jordan's Position.
In the matter of the apparent con-
fict in testimony between Dr. Jordan,
the Coroner of Wake county. and the
several experts examined by the Board
of Directors of the Hospital as to the
cause of Nails death, it will be re-
membered that the former testified
that in his opinion death was caused
by a combination of circumstances,
the exertion of running and strug-
Cling with the guards, the blows on
the head and the high degree or ex-
element to which he had been sub
jected. In giving this testimony, DIR.
Jordan explained that he occupied
DOSlIlOn fdulcdHy -OliCi
physicians examined by reason of hay
ing had all the testimony as to the
entire matter brought before him, of
having seen the body and of bein3
thoroughly familiar with all the cir
cumStanceS attending the death of
Nall While not saying that he would
not have treated the case in way
similar to that followed by DR.. Mckee,
DR. Jordan stated that he did not con-
slider that any doctor was competent
to testify whether he would have fol-
lowed the course and made Vle dag
nosis of DR.. Mckee in the absence of
knowledge as to the appearance OF the
man and all the circumstances at
tendant upon his condition when
brought to the Hospital in a dying
condition. 1t was what he had heard
and seen of all the facts surrounding
the case, he declared, which led him
to the opinion that no one circum-
stance could be held to be entirely re-
sponsible for the death of the pa
tient.
1t is hardly deemed likely that at
the next term of court the grand jury
will return a true bill for homicide
against the four attendants involved.
Either the return to the charge
brought by the coroner'S jury will be
mot a true BILL or the charge of
having caused death will be reduced