The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-11-23

fight possible under the circum-
stances, but the evidence was
overwhelmingly against him. Mr.,
J. P. Virgins, of Rowland, and
Messrs. Mclean & Mclean as
sisted Solicitor Sinclair in the
prosecution. Mr.. A. w. Mclean
opened the argument, Mr.. Lee
followed and Solicitor Sinclair
closed. Mr.. Lee gave notice of !
appeal to Supreme Court, which
will stay execution of sentence
until this district is reached in
February.
The jury in the above case
first returned verdict Of muir
der in first degree with mercy, .
bat being instructed by the |
court that there was no alterna-
tive but sentence of death in a
verdict Of murder in first degree
and that the verdict must be
that CT murder in second degree
u: rot guilty, the jury retired
and returned a verdict as given
above.
Duncan Monroe, Lawrence
Townsend and Robt. Maultsby,
oolored boys between 16 and Is
,,cars old, were put on trial Fri
day morning for the murder of
Will Smith, also colored, near
Rowland on September IA. The
shooting took place on that date
and Smith died on September
%. At the beginning of the
trial the State entered Mol. Pros.
as to Maultsby. Messrs. Nc
Lean & Mclean assisted Solici-
tor Sinclair in the prosecution
and Messrs. Mcintyre, Lawrence
& Proctor appeared for the pris-
oners, At IL O'Clock Satur-
day night the jury returned
/ a verdict of murder in sec
ond degree as to Monroe and
manslaughter as to Townsend.
Monroe was sentenced to 10
years in the penitentiary and
Townsend to the roads for 3
years.
The States evidence tended to
show that there had been trouble
between Duncan Monroe and de-
ceased about a woman and that
Monroe had made threats that
he would kill Smith or Smith
would kill him; that he said or
the day before the shooting that
what he was going to dc
would be heard Of before night
of the next day; that on that
day he gave his pistol to Maults
,, by, who went to Rowland and
,, brought back 8 cartridges; thai
he and other boys shot at {
! mark with 6 of the cartridges
! when Monroe stopped them, say
y ing that he was going to use
J. the other two that night. Or
! that night Monroe, Townsend
q = and Maultsby went to Rache
Bakers house, where Will
+ Smith had been in habit of going
=. Townsend arrived there 5 min
. utes before Monroe with pistol il
his hand and began cursing;the1
Monroe came and joined in ours
y ing Rachel and Smith. One O
n them Whistled and Maultsb.
q came up. Rachel begged then
. to leave her yard. They refuse
\, and Smith came out Of the hous
o and told them they had to leave
II Monroe and Smith cursed eacl
~ other, Townsend handed Monro,
4 the pistol and Monroe sho
= Smith, the ball entering just be
). low his ribs, near center of body
and going through. Defer
dants contended that Monro
70 shot in self-defense, as Smit
~ was trying to shoot at same time
n that they ran, Smith pursuing
~ and Monroe turned and shor
~ Notice of appeal was given.
II The jury was composed of tn
10 10 following: w. A. Chason, W. F
~ ~, Garrett, @. T. Williams, E. Met
y Surles, Archie Willis, D. L. M
Il Laurin, B. M. Hayes, Jesse
~ n Stone, D. A. Stewart, D. S. Ca
W. lyle, C. C. Baxley, J. c. Levi
. Court adjourned at IL o'cloc
X Saturday night, Immediately a
20 ter sentence was passed in tt
ID above case. Other cases we
a disposed of as follows:
N Ben Flowers, carnal knowlede
o. of child-Guilty; 2 years {
g, roads.
81 81 John, George, Richard az
. John G. Porter-John Porter g
ID lowed to give $500 bond and 9th
ks defendants recognized in sum
m 500 each for appearance at ne:
~ term of court.
nd Marion Iron Work VS. Charl
nb Rankin-Plaintiff being Gale
NJ and failing to appear and pr
nd secute it was ordered that plai
no tiff be non suited and defenda
~ recover costs.
to E. D. McNeill vs.. w. F. Bi
" dell-Claim and delivery for r
at covery of horse and wagon; d
IT, PENDANT to pay plaintiff $50
Mt full settlement, costs to be pa
mt by plaintiff.
no The forfeiture entered again
'ef G. A. Purcell for failure to a
mt pear as a venire juror in Sta
he VS.. Junius McKoy was order
nv stricken out.
nd Geo. Bailey, assault with des
no ly weapon-Guilty; 60 days
a9 road.
To- Lewis Hunt, escape-Contin
ed, defendant to give $500 Dor
IN It appearing that the spec
wood low &c DoLo1o~, oo,,-4,, ! =