The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-01-23
Goes to Penintentiary for
End. Degree Murder.
CLARK WAS ACQUiTTED
He Plead Guilty to Carrying Concealed
Weapons, However, and Was Sen
fenced TO II Months on the
Roads. LilIiston Takes APP.
peal.

In the Superior Court yesterday
morning The jury i'm the case Of state
". Robert II. Lilliston and Harry
Clark brought in a verdict after having
been out since five O'Clock the after
noon before by which they found Lii
Iisson guilty OF murder in the second
degree and acquitted lark.
CIark's attorneys then plead guilty
for him to the charge Of carrying on
ccaled weapons.
After hearing ~counsel on behalf of
the two prisoners, Judge Ward inn
posed sentence on LiiliSton Of four
teen years in the penitentiary and on
Clark Of eighteen months on the roads.
The crime for which the two men
were sentenced was the shooting in
the Union depot on Saturday of Fair
week, during the course Of which tle
Charles {. Smith, Il by-stander was
shot and fatally wounded. 1t was not
~contcnded hat either Clark Of LilIis-
ton had Intentionally shot Smith. the
view of the State being hat they
engaged in the affray willingly, with
malice, that Smith was accidentally
shot by LiIliston and that consequent
ly both men were guilty.
The verdict Of the jury acquitting
Clark is equivalent to q finding that
the latter fred in self-dcfense, be
lieving the story Of the fair fakir Ar
mold ana the witness wilkins that Lii
liston had threatened Clark with his
pistol before the latter fired.
The trouble resulting in the shoot
ing arose ON the night previously in
the house Of ill-famc of MOllie Trimble
III Raleigh over a crap game. Smith,
the dead man, was one of those who
was present at the scene of the Origi-
nal trouble. but there was no evidence
that either of the defendants had II
particular malice towards him nor of
a conspiracy.s
LiIliston has taken an appeal to the
Supreme Court; Clark viii at once
proceed to serve out his sentence.
When the verdict was announced
by foreman Hill, neither Clark nor
Lilliston showed any evident symp-
toms of excitement, although it seem
ed that a shade of relief passed over
Clark's sWarthy features.
Father and Son weep Together.
1t was whom the matter of Lillis-
tons sentence was under conSidera-
ton that a scene occurred which "a
of a character greatly to move the
audience. Mr.. Elmer Shaffer. of
CIark's counsel, was pleading to the
Judge for Il reduction of the sentence.
He spoke feciingly and With much
pathos of the blight upOn LilIiston's
life, Of his youth and his people. In
faultless English and with much elo-
uuenCc he made his appeal wonder
fully effective. It was here that
James LiIliston, the father of the de-
PENDANT, who has been devoted in his
attentions to his o n reached out 4
hand gropingly to the boy and burst
into tears. At this Lilliston broke
down completely and, while the feel
ing5 Of the entire company were
WrcnChed With the scene. the elder
Lilliston rose hastily and retired from
the room. He was not present when
the sentence was finally imposed.
COl0N"i Argo. who also spoke in be
half of Liiliston, reiterated his be-
lief in the theory Ia he has pressed
from the beginning that the killing
of Smith was the result of a C~onspira-
cy entered into between Clark and the
witness Arnold, who testified to hav-
ing seen Smith pass in front Of LiIlis-
ton during n progress of the shoot
ing.
1..'iston and Clark are both young
men, their business being the follow
ing of fairs. Clark, alias Morris, is
called among his associates, the ''JeW.'
although it is doubtful whether or
not he belongs to that race. He is
GYVart, with high cheek bones ana
very course black hair. IAe is said to
have ive1 or been born in Arizona and
III has been suggested from his build
and StOical name that he may have
a strain of Indian blood. Clark be
longed to a Coney Island Association
called tho "keIIys.' members OF
which doubtless put up the money for
the defense. The witness Arnold, in
fact admitted that he was sent to
Raleigh by his employer Cooper OF Co
ney Island.
Much sympathy was expressed here
vest c1G2N ter ,Ian1aS tlIijS1 ON the
father, who has given many evidences
of his good character during his stay
here in Raleigh. He has been faith
fuincas ~personified to his son and has
attended to his defense in and out Of
season.