The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1910-04-07
TIE POWELL CASE REMOVED.
Trial to be Held In Warren County Inc
Third Week in June.

Trial 10 De Held In warren GOGity tht
Third Week in June.
The case of State VS.. z. E. Powell,
ST., for the murder of c. w. Dunn,
was called in Halifax Superior Court
Thursday morning, March 31st, by
Judge George w. Ward.
The first few hours of the court
vas taken up in arguing for and
against either a continuance or re-
moval to another county. Judge r.
w. Winston. of counsel for the de-
Tense. asked for continuance or re-
moval to one of the adjoining coun-
ties. The attorney stated that there
was a great deal of feeling among
the people of the county in the mat
ter and that a delay such as the de-
fence asked would allow time for
the feeling to cool.
Judge Winston stated that the
sole plea of the defense was that OF
insanity, and that the defense did
not want the accused man released,
but that it did want to see that an
insane man was not executed tor a
crime which was committed during
a period Of insanity when the prison
er did not know right from wrong.
Ex-Governor Chas. B. Aycock, the
leading counsel for the defense, was
unable to be present on account OF
sickness.
Mr.. Walter E. Daniel Of counsel
for the prosecution, replied to tbs
attorney for the defense, stating
that there had not at any time been
a demonstration against Powell and
the people Of Halifax county were
not in the least excited in the matter,
and that while it might be true that
a great number Of the people had
expressed opinion as to the guilt or
innocence Of the prisoner, that 1t
vas his opinion that a fair and i'm
partial trial could be given now, and
that the ends of justice demanded
speedy trial.
Congressman Claude Kitchin also
spoke in favor of proceeding with
the trial, stating that Governor
Aycock himself had stated at the
first hearing that he thought the
people of the county could give the
defendant fair and impartial trial.
The people who are interested in the
prosecution, stated Mr.. kitchin,
would be glad to know that the de-
| PENDANT was an insane man, If such
a fact could be established.
The arguments being over, al
eleven o'clock Judge Ward ruled
against a removal and stated that
the defense had had sufficient time
in which to prepare the case and that
the trial must proceed.
The work of selecting the jury was
then commenced. When court adj
jcurned that night eight jurors had
been selected. Friday at 1926
only two more jurors, making ter
in all, had been chosen from the 15(
regular veniremen ard another
venire of % men.
Judge Ward then sprang a sur
prise when he said: 81 think Tve
seen enough of it here. | didn'r
think the sentiment was so strong
: when this case began. | have NJ
doubt that a jury could eventual,
, be gotten here, but the fxedness O.
: mind Of the men examined show
that the sentiment is very strong
, against the defendant. Ihave heart
many say that no matter what tn,
evidence might bring forth tina
. they were afraid that they could no
give the defendant fair trial.
man who makes a statement lik
? that does himself an Injustice
: Judge Ward stated further tina
: he meant no reflection whatever Of
: the citizens of the county, for he ar
: preciated their position.
At this point court took a reces
until two o'clock. When Judg
Ward took his seat after recess, h
said:
t Gentlemen, | will remove thi
: case to another county tor trial.
: did not at first think that it woul
: be necessary, but since we have got
ten into the matter | think differ
ent."
Upon motion of Mr.. Daniel tn
case was removed to the June teri
of Warren county court, which cor
venes on the third Monday in sal
month. And thus the trial We
brought to a rather sudden end.
Large crowds were present bot
days anxious to hear the case. SOM
thing like seventy-fve witness,
). were summoned.