Every evening, Wilmington daily commercial., 1918-11-14
COMEDY IN COURT
OVER GUN PLAY
Negro Accused of Assault Found
Not Guilty by the
Jury.

War, with all its horrors, could not be
much more distastciul or frightful To
Harvey Neal, Negro. with all the
characteristics Of the southern "dnrky, ;"
with that individuals broad, typically
southern accent, than having revolver
poked into his face, IL appeared from his
testimony Yesterday afternoon, when he
took the stand before Judge Rice and u
Jury IN Court Room No ? Of Court Of
General Sessions, against Vert Willing
ham, a Negro, charged with assault with
intent to commit murder.
Harvey gave a vivid, amusingly serious
description Of how Vert, with no provoca-
tlon, whatever, invited him out into the
yard OF their boarding house, No 300
Scott street, on September -, and then
without giving any warning, pulled the
revolver and shot at him But Vert,
who was represented by Philip l.. Gar
rctt accused Neal OF being the Instigator
of the trouble and declared that he did
not shoot at him with the intention Of
harmIug HIM but merely 10 awe hum, be-
llcvlng that Harvey was going 20 assail
him The jury sitting III the case, gave
the defendant the benefit Of what doubt
there luIkcd III the case and found HIM not
guilty
On the stand. Neal testified that a
certain John Butler, n roomcr AT the house,
had lost his work badge and started swear
ing about II He tried 70 quiet Butler, he
said, and shortly left the room and went
downstairs. followed bv Vert and Butler.
Vert then said tn him. "lou arc both
wrong. and he, Neal, then tried Ia qucs-
tion him rs To what they were both wrong
about, when Nllineham started to talk
fight
Ncrt then asked hm # hc would fight
HIM. Neal sad
i don't look fer no Tight but I'd
fight anybody that mstTcats me or gives
me anv reason tuh fight Neal testified
hc answered the defendant whcreupon
he was extended an invitation to step
outside by Vert
Neal SAID that nc followed Vert TO the
door TO try to find ont what Wort want
ed to fight about. and why he was mad at
me but he had no sooner reached tho
door. when the defendant drew forth n
sinister looking revolver. and, pointing
II AZ hln fired
.nld you leave the door opened, !"
questioned MIR Garrett IN cross -oNamina-
ton.
THAT doom >or orEN.
No. euh dat doh was shut tight bv
me when dat bullet started coming,
cmphatically responded Neal
There were some questions rs ~ how
Neal knew that Vert pointed the pistol
1T him. and some explanations were eN
pectcd of the witness
Well. Judge when 4 man pulls Il gun
on vIh Nuh sorta get Kinda frightened
and don't pav much tcnron ter most Of
duh pcrtie lars. SAID Neal He tired 10
expatiate on the feeling hat came over
hlfn when he looked down thr gun IN the
hand ot NIlIingham. standing eight feet
away from HIM but words enough to de-
plrt the tecIug failed ham, and he ended
With i sort nl i shutter that showed en-
his dislike Of the position he
,sae ir
John Wilson was ntv; called 10 the
stand aud very iorceiuliy DECLARED that
liz Was not nad when he lost ms badge N
I h. room. bui thar Neal and Vert whom,
H., sud. had buttcd IN on hlni. were
angrN and had some words lie testified
ia hearing NilliuEham invite Neal out
side IL fight and III seeing Vert fire AZ
hm Ire hull.t was touud near Where
Neal had been standing at the door h.
told
n.p<'I I<rtSp HtRW
Officer Grlssemever who arrested vii
Iugham lit the Lynch Construction
COMPANY. after the affair testified that
the defendant admitted 70 h.m hat he
had -hot Ill Neal feet ard did not intend
to harm hIm. Vert told hm where he
could md the revolver IL ms room at his
boarding place the officer said, hut he
was unable 10 find the weapon there but
did find holster with many shells In the
belt Later. ne said he found the re-
voiver u the room III tho barracks at the
construction company winch Vert had
charge II, in pillow
Wlllngham said that during the dis
putc Ia Butler> room, end after Neal
kent his hand III hi> back pocket IN = sort
81 threatening manner. and that he
feared that he had 4 pistol and would
.l~e il on hlm several times he said he
world murder iohn wilson. sald the dc
.eudaut. and later when he NJlmgham
i arr IA ID a>plain 10 he boarding mistress
~ ..4t.-. III tho 'rnlhc I'D Butler room,
Neal 4 4lltcd Il, know Ultaf he lad 10 do
A5th II and became not attogeth"r calm
il his words toward Nerf Vert SAID
hat he non went INTO tho Yard and Was
-olloucd there b> Neal aho he said
flashed Fnifc Fearing what lp might
10 with tho Weapon Vert -aid hat he
fired near Neal feet to frghten him
Wilbur J.. Adams conducted tho prose
-ntiun in the absence of + Narren
ircen deputy lttorncy-gencral who Is
suffering c1t trouble