The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-04-03
AGAIN A DELAY
IN NORRIS CASE
Witness J. J. Thomas
Failed to Show Up.
MUD ON CHARACTERS
House Burning Case GOES Over Till
Wednesday Week to Get Thomas
and Attack the Character of Up
church Declared Guilty of
Lying and Of Incest.

Again comes a delay in the render
inging Of the decision in h case Of
NJ. T. Norris charged with house
burning. and more evidence is TO De
heard twelve days off. Oh Wednesday,
the 18th Of April
The decision has heaIcd into port
three times. but has been delayed
once by the desire Of Magistrate Sc
park for time TO examine the Writtef
testimony. and twice after applica-
ton IF counsel for defense for time
in which 10 produce witnesses with
testimony deemed essential to the
case.
on Monday last the case was ad-
journcd over till yesterday in order
tina J. j. Thomas, a states witness,
might be put on by the defendant,
it being claimed in aflidavits by NJ. +.
Norris. his brother and Il young lady
visitor at the Norris home that he
said he made ii false statement at the
hearing. He was not to be found yes
terday and was not in court, 50 be
cause of his absence. and because the
defense wants to attack the character
of =. NJ. Upchurch, anothcr state wit
ness, the case was again postponed.
\ capias instantcr has been issued
for Thomas and there is talk of con-
tempt Oh court III Ills tdNt- I1t Is SdIti
to have left Merry oaks two days ago
and to have been in Durham yester-
day. though it was reported he was
also in Raleigh. y subpoena had been
issued for him, but he was not in
court. The state made no objection
for Il delay in getting him into court
to explain himself, but it did object
to opening the case for character wit
nesscs and general rehearing of the
=, Z ta,. q, f. ~. - haJ haa, dnc19Ja1 cInG.
cd and only the decision kept waiting
to hear from the Thomas matter.
There Was Vigorous Language
vigorous argument before Magistrate
Separk. and Major $. c.. Ryan declar-
cd of Thomas that he was probably =
9%erjurer, of Robert Street. the negro,
that he was a watch thief, and of S.
NJ. UpChurch that he was a liar. guilty
Of incest With his daughter, his dee
claration false as hell, his character
"Worsc than the devil would have it
to be-" both he, Colonel Harris, and
Mr.. Holding declaring that no reputa-
bic citizen of North Carolina ought to
be bound over on "~prObable cause IN
the testimony of sue Immortal
trio" 1t was burning argument thai
sputtered with denunciatiOn of the
three States witnesses that vas serV-
ed up, and it gives promise Of a warm
debate at the next rise of the curtain.
No ChiId's Play This.
The State. represented by Solicitor
Jones. Mr.. +. S. Spruil. of Louisburg,
and Col. John ". HinsdaIa declared
that in the hain of circumstances it
did not entirely rely upon the testi-
mOny of Thomas or of Upchurch, that
it had a case without Thomas testi-
mony, whether a candle light had
been sen or not, and as to Upchurch's
testimony hat it had similar testi-
mOny with yer more circumstances
TO it. given by Emily Womack. 1t de-
clined to throw out this testimony. but
said that it, too, wanted to see Thorn
as in court, but declared that this was
no child'S play or frOlic and thai to
re-Open the case for character wit
neSSeS mean to go over the whole
thing. and that it was the fault of the
counsel for the defense that when 1t
had its day in court it had neglected
to put on witnesses to attack the
character of Upchurch. having known
for three days before the trial that
Upchurch was to be a witness. When
it was finally decided to have another
hearing it was agreed by counsel for
the defense that the State might put
on what it desired, though before this
Magistrate Separk had said he would
ttliIlIlt III IilS 20 1t1pIlldS oli!
the character witnesses. The hear
ing was first set fO" Wednesday next,
but as Mr.. SpruilI could not be here
then was finally set for the Wednes-
day following.
No Response From Thomas.
The proceedings opened with the
repeated all for j. J. Thomas, j. j
Thomas" made by Col. J. c. l.. Han.
ris, but no reply was had from
Thomas, Then Coz. Harris reported
to the court that the subpoena haC
been served on The witness VIII hac
sworn to 4 CandIc-liGht iii the burnef
house. and later was sworn to have
said this was moonlight; hat he mac
been seen on the previous day l.
take a train al Merry Oaks. and wa
DOW understood to he in Durham. Il.
asked for Il cap5aS i~nStantcr. dec!4r-
inG the witness an important one ne
ccSsary that the magistrate might fine
cut the truth. and SAYING that n.
know not why tn" witness was absent
this absence being in contempt o.
court. He asked for the adjournment
OF the case to some daV next Weel
50 as to get ThOma& here.
Mr.. Frank :. SDruill for the STAT
said that il had no.er bcca felt tina
Thomas testimony WAS OF suflicien
value OF 50 essential as 10 effect tn
States case. il being only an inciJen.
II really not needed. as this wa
Tot 4 case in which there was AZ
Indictment to ATTEMPT to set fire. bu:
the fire had occurred and it mattcrct
not whether Thomas BAG or had no
seen a c3nGle-iight. and did or did no
pass the house :ls The defendant nae
been coupled with the matter by
other testimony. Nevertheless. a.
commissioner H0UnG was treating the
defendant as he would the poorest o:
The richest and was not prosecuting
EIm, the matter Of continuing the cas-
would be left With the magistrate
though he considered it unnecessarN
to have Thomas present to decide tn.
matter Of probable cause: that the
time had come for Il decision. perhaps
it ought TO nave been rendered be
fore, IS this Thomas matter was nos
essential.
Is Thomas Frightened?
Here Mr.. j. n. Holding asked ii