The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-03
CHANGE OF VENUE
Argument For and Against
to Be Heard Today.
Affidavits in the Grubb Case Were
Read Yesterday and They Make
Most interesting Read.
Especial to News and Observer


Lexington. \. c.. March 1.--Court
opened at 2:30 this evening and the
reading of the affidavits for the State
Immediately began.
There were twenty-five read and
filed by the State. w. T. Davis. brother
of O. l.. Davis, who was killed. stated
that his brother told him two or three
weeks before the killing that Grubb
was seeking an opportunity TO kill
him.. and it he did he wanted his
brother to prosecute him; that Grub
vas wealthy and had a large influence,
was interested financially in The North
State, published here and one of his
counsel was editor; that he was inter-
ested in large distilling company at
Salisbury. owner of two cottou gins,
two saw mills. two farms in Davidson
county worth about twelve thousand
dollars, and much other valuable
property. He was a candidate for
sheriff i'm 1903, is trying to bring po-
iitcal influence to aid him; has had
agents going over the country for some
time aScertaining sentiment, and is
trying to influence possible jurors in
his favor and to hold out for his ac-
quittal to the end, regardless of the
evidence. He claimed that Grubb is
oners, that he has telephone, type
writer and stenographer, two beds
enc of which he uses for his friends
when he invites them to remain over
night with him; that he has never
been i'll jail. and that he is not even
locked in; that Il party went TO the
Jail and entered without seeing any
one until he was inside, and there was
no one looking after the Jail except
the wife of the jailer: that he keeps
liquor on hand TO give his friends. ETC.
II. Il. Warner, Rev. Henry Sheets, c.
+. Moorefield, Jno. c. Hanes, c. NJ
Lambe w. G. Mise, Ed l.. Green. T..
III. McCarty. Rob Cecil. w. a. Reid. J.
w. Davis, Rev. jeff tanning. j. c. EV-
erhard A. G.. and W. NJ, Surratt. o.
r. Davis, Il. j. Lookabill, Kosah
Slaughter. A. r. Meyers. III. F. Will
liams, stated in their affidavits that in
their opinion a fair trial in Davidson
county was impossible under the cir
cumstances and several stated that
The county had been canyassed by
friends in order to influence possible
jurors TO acquit him.
H. Clay Grubb's affidavit stated
that he killed Davis in a sudden en-
counter. came TO Lexington and SUI
rendered. that he applied for q special
term of court, and he believes coun-
sci for the prosecution opposed it. and
il was denied: dcnied positively that
he was treated better than other pris-
ones: his bed was placed in the corrl-
dor TO avoid negro prisoners inside the
cell; kept Il small amount of whiskey
to drink. takes a drink every day. but
never was drunk i'm his life; since be-
ing grown, occasionally gave some
10 friends and employees. His large
business interests made telephone ana
typewriter necessary: jailer was go
ing to have telephone put in and he
offered TO pay for il if he would have it'll
put inside of the jail He states IL
is not true that he has had the coun-
try canvassed and he denies the truth
of each of the affidayits presented by
the State.
He says that III. Il. Warner is an enc
my of his. that he published articles in
the Lexington Dispatch to influences
opinion against him. has only ten dol
lars stock i'm The North State and has
used no political influence. He says
w. l.. Davis was an enemy of his be-
fore the killing on account of knoWl- |
edge i'm GrubbS possession that would |
have convicted both Q. L. and w. l..
Davis of high crimes, and out of that |
grew the whole trouble that led up to
the killing.
Anidavits from j. A. Lindsay. jailer |
up to December 10. and j. +. Hay |
worth since that time. denied that
Grub had been treated better than |
other prisoners. and in the main COR |
roborated Grub. AffidavitS were read !
stating that in their opinion the State |
could get a fair and impartial trial and !
to the best of their knowledge, the |
county had not been canyassed by
Grubb's friends. These were signed {
by ]. \. Mendenhall, JOS. Zimmerman.
s. w Finch. III. T. Philips. NJ. r.. /
Shoaff. F. J. Davis. C. NJ. Thompson. j. |
r. Herick w. II. Walker NJ. S.
Michael. c. T. Smith, Henry Koonts.
y. H. b. Wagner. G. NJ. Hamme d.
J. Weisner, j. A. Sexton. j. A. Course.
!. ". Alexander. T. Ii. Hayworth. }.
Harley T.. G. Thomas, Riley Leonard,
j. H. Messenger. G.. NJ. Griffith. Rev. |
II. Morton. Alexander Almond and j.
i. Myers.
Judge Bryan will hear argument on