The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-07-04
Two More Cases Against the THO for
the Same 0ffense.
Jury Was Out With the Case About
an hour and a Half-Mercy Was
Recommended as to Joe Mason and
William Guthrie. the Two Young
Men About IS Years of Age-Casc
Against Frank Bell. Charged With
Murder in Second Degree. Called
Yesterday.

Late yesterday afternoon the jury
returned a verdict of guilty as to Joe
and Jesse Mason and William Guthrie,
the three young white men charged
with ~wayIaying Mr.. George Smith and
~assauiting him with intent to rob. The
case to the jury at AIT and they
reached their verdict about $50. Jesse
Mason is u years of age, Joe IS, and
Guthrie about IS. The jury recon-
mended mercy as to Joe Mason and
Guthrie.
This case was taken up about -
O'Clock on Wednesday and all of We'd
nesday afternoon. and a short time
yesterday morning was consumed III
getting a jury. Those composing tho
jury as accepted by both sides were,
J. B. Casteen, George W.. Britt, II.
Gerdes, L. A. Fennell, Fl. B. Earring
ton, A. Garrison, James E. Smith, E.
+. Bass, E. A. Todd, +. II. Bowden
d. D. Boylan and B. H. Scott.
The attorneys for both the prosecu-
ton and defense made able arguments,
the II urging that the jury find the
men guilty on the evidence as present
ed and those for the defense urging
equally strong that the evidence was
not sufficient to convict, that is if the
Jury believed the testimony of the
grandmother and mother of Guthrie.
nhn tnSfifn1 fhaf hc yyaS af hnrpn ~,
the night of the alleged robbery. They
contended that if Guthrie was at home
then Mr.. George r.. Smith and his son
were mistaken is to his being with the
men who held him up and if he was
not present then Mr.. Smith was prob
ably mistaken as to the other
The entire fight by the attorneys for
the defense was made on these
grounds.
Mr.. William 7. Bellamy led off for
the prosecution and was followed by
Mr.. Wo0dus Kellum for the defense,
then Mr.. Brooke Empie for the prose-
cution followed by Mr.. H. McClammy
for the defense. These speeches were
made during the morning and at 1:3O
o'clock the court took a recess until 3
o'clock, when argument was resumed.
Mr.. Marsden Bellamy concluding for
the defense, and Solicitor Duffy for
the prosecution.
The Masons did not 60 on the stand
and neither did Guthrie. There were
two witnesses put on for the defense,
Mrs. Cynthia Stein, grandmother of
William Guthrie, and his mother, Mrs.
Fannie Guthrie. Both testified that
Guthrie was at home on the night Of
the alleged robbery.
The state put three witnesses on the
stand, Mr.. George r. Smith and his
small son James, both Of whom were
in the buggy which was surrounded by
the highwaymen, and Policeman NJ. Z.
Gray who was the one who arrested
Joe Mason at Seventeenth and Market
streets. The testimony Of these wit
LeSSeS was the same as the statement
they made Immediately after the rob-
berry. Mr.. Smith testified that he
clerked at a store at Twelfth and
Market streets, but that his home was
on Masonboro Sound. 1t was his GUS
tom, he said, to &C home on Saturday
right and he usually carried money
with him. On the night in question,
which was Saturday night, June 3rd,
lie and his small son left Twelfth and
Market streets about II O'CLOCK ana
when about a mile from b city at a
point on the Market street road, be-
tween the Federal cemetery and the
home of Mr.. Frank Mills, a man step
ped up behind the buggy and, present
ing a pistol, ordered Mr.. Smith to halt.
Mr.. Smith testified that he had been
troubled on a previous occasion by
some one attempting to hold him up at
that point and he had his pistol in his
hand, and when the highwaman began
firing Mr.. Smith returned the fire. BY
this time a man had stepped on each
side OF the horse and they also tDegan
firing. The small son of Mr.. Smith
dropped into the foot of the buggy.
The firing attracted some negroes who
lived near and when the hlghmaymen
heard them coming they ran.
The crowd instituted a search for
the highwaymen, but there We're thick
bushes along the road and they had a
fine chance to escape. In the mean-
time Mr.. Frank Mills, who had been
notified of the hold-up, telephoned to
the police station and several police
men were hastily sent to the place
named.
After searching for some time near
where MI. Smith was held up a man
stepped into the road and asked.
please let me come by" Mr. Smith
recognized the voice as that OF Jesse
Mason and ordered him to halt, which
he did. Mason was found to be under
the influence of whiskey and had a
quart bottle OF whiskey in his pocket
He also had q watch i'm his trousers
pocket which was later identified by a
negro who was robbed on the same
Light as being his property Mason