The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-04-03

the Thomas testimony had not been
essential shy tie state
counsel had dwelt on II. He declared
the absence of Thomas shoNea
ne was frightened ana t5at ihefe
WAS more cridenee that Et bhLhto ~
house than that Norris had done 60.
ffet q gulItv conscience had driven
him 70 Norris and tIaa s's" 8 - i.sl
a-t-FepH. F@ tt
SAINT wa .t bring un acre aAe
that ~ A= Hf-t saati"i e"
Knowingly .a4 ali +ea. are
willing - tusa" out "l- -a.liA''ts
III asked size $tarsr ona"
solicitor rsl.s ae Jared taat
MN u.s. the matter had come To- mi
shape that the man pE2at ~ - il
court. declaring. however. mat tAe
Gta+a had never relied alone on
Thomas evidence. and that IN his at
g4ment he did not insist ON no" lhr
fire had started. but that IN justice Z"
Insurance Commissioned Young ne
had asked that the man oe summon
ad again. so far as the state j. con
cerned.' ne added" We are perfectly
willing for YOU 10 issue { c1p!aS N
stanter and bring Thomas here.
Here Magistrate ScparH announced
he wanted to have IhofnaS bt-
fore the court. would issue q capiai
II.@IdILEE anu *hDA-h 164tA'-H&
tin Wednesday at n e'c'oeE.
To ATTACK Jpciiurch's Character.
Mr.. J. \. Holding here made apnli-
cation to the court 20 allow the oe-
fcuse t. put on Witnesses on WedneS-
day TO nrove the bad character Of :.
NJ. U~pchurch. the man "h testified
the buggy passing liS house III.
night OF the Ere. that ne had Wart"f
10 show tina TDchurch was 40
worthy Of belief, and that the man
guilty Of incest with his oWl
daughter, no one being able to I'VE III
the same house with him without ne
contaminated. He declared the
state could bring back Ipchurch ana
put ON witnesses ls to character also.
Col. John w. Hin@daIc declared that
the state certainly opposed the re
opening of the case; that II had al
lowed enough as to Thomas. and ~
to Upchurch no one incident could be
used My his general character prov
ed. There Is no telling how Ions
his thing may be strung out il char
actor witnesses are out on. The ease
mas been closed Il it was only =
favor to the defense to allow the
Thomas matter to come UP again.
When Enchurch was on the stand the
defense ,aight ave cross-eXamincG
him if it wished. but it did not. ana
il ought not now seek to have the
case re-ODened.
SAYS Defense Keeps Wanting More.
Solicitor Jones called the attention
OF the court TO the fact that on We'd
neSday the defense had ONLY asked t.
have Thomas in court and Il agreed
20 COntine themselves to HIM. The
state had agreed and the Understand
.ng vas explicit, the cOunSei fOI the de-
Tense having reiterated h Il it wanted
,,,I.- vTIa,,,n- TTI,n 1.n-nInont1Oy of
t1e case for other witnesses to testi-
fly was not an orderly proceeding as
expected of the cOuTts; that there
ought to be an end OF the matter and
I decision. lie declared the State
wanted Thomas and that if he had
gone TO Durham and was without
,alid excuse he was in contempt of
,Ourt.
Col. j. c. L. Harris declared that if
Cpchurch was proved to be of such
Dad character that his evidence ought
not to be used against Il reputable
citizen. and that if a man character
vas testified to as being bad hat 4
turther question, without objection be-
ing raised. was what is it bad for?"
and thai it would be outrageous to
accept Upchurch's testimony in view
If his character, urging Venemently
against this.
No New Cards Wanted.
Mr.. SDruill declared he was not go
ing to get 50 vehement as Col. Harris,
but that he just wanted to say that
there had been 10 attempt to shut off
The defense; hat they had closed the
case Of their own accord, and that if
his re-Opening was allowed again and
again the case might go OIL TIL mex
Christmas. The regular procedure OF
the courts should be followed, as this
was no child's play or frolic, and hat
the defense having put its case to the
est were now sorry of it, as Mr.. Nor
ris had not been discharged at once,
and were seeking to continue the
opening and ~re-opening Of the case.
The magistrate was not to send Nor
rs to the roads. but merely to act as
20 probable cause, and let the grand
Jury and a petit jury. if the case
cached it. to decide. The State did
lot want to close out any testimony.
but it had come to the showdown
and the defense was now asking to
drew new cards. He declared the de-
Tense ought to have known how to
conduct its case, as it knew the
names Of Witnesses for the State. and
ne was sorry to say hat these had
been visited by the defense without
permission Of the State; that the char
lcterS of the Witnesses might have
teen attacked when tney were on the
stand, and that the defense ought to
lave taken care OF its case. He de-
Jared he had no criticism to make.
3ut that it seems thai Thomas has
gone to the camp of The enemy. and
is now With the Norris side"
Charges Back and Forth.
Mr.. Holding declared that he
state had taken the witnesses being,
sought by h defense, and that when
hey came 10 Raleigh they were met
md taken in harI By the State. As
90 examining State witnesses Robert
street had been examined in the
Jhat neither Mr.. Young or the state
ought to ask 10 hind oVcr for proba-
ole cause on the evidence of such wit
tesSeS as Thomas and Unchurch. Il
liar and a man guilty Of incest.
Col Hinsdaie replied by showing the