Henderson daily dispatch., 1939-01-21
TED TERRELL IS
DENIED NEW TRIAL
Judge Parker Denies Motion
Of Vance Man Twice
Convicted Already

Ted Terrell, young man of vance
county who is at present serving a
25 to 80 year sentence at the State
Prison Fl rm at Ca edonia for the
fetal shooting of his brother-in-law,
Andrew Knight, at Kinton Whitts
service station near Norlina in 1887,
was on Wednesday denied a motion
for a new trill in Warren county Su-
perior court by Judge r. Hunt Park
er, here presiding over the January
term.
Terrell, who has already been con-
victed twice in Warren county Su-
perior court on charge of second
degree murder as result of the kill
ing of Knight, attempted to get
new tria on the grounds OF newly
discovered evidence and Disqualified
ton of a Juror.
cettirly forth in affidavit from
that he hcd now secured witnesses
who would testify that the dead
mans body was not lying as witness
es had said it was when he was con-
victed for the crime and that one of
the jurors had subsequently stated
that he did not wish to convict him
of second degree murder, Terrell
petitioned the court to let his case go
before a Warren county jury for the
third time.
The witnesses the prisoner wanted
to testify were Kinton Whit and
Miss Pearl Billings, both of whom
had testified 1T his former trial, and
Lee wilson. Had the motion for the
new trial been granted Knights body
would have prCt ably been exhumed
for an autopsy performed in an eff
fort to show that the gun shot which
killed Knight ranged one way when,
according to Terrell, they would have
rnd to range another way to bear out
the testimony which was given at
previous trials.
In denying the motion for new
tria after the state had liz affitavit
fo.m replied to the contentious of
Terrell Judge Parker held that there
was no Disqualification of a juror,
tia. the defendant was represented
at the former tr.a,s by aole counsel,
trat 10th Waits and Miss Billings
testimony were in the records of
previous TIKI, shat Whit was wit
rcss in the second trial also and
that Mss Billings testimony could
have been secured fer the second
trial from the records of the first
tc.al or her deposition taken in the
event she could not be present, that
their testimony would merely tend
to impeach and discredit other wit
ncsSes. The same wou be true, he
held in regard to Lee Wilson, who
Terrell wanted to testify in an effort
TO offset evidence given by Chicken
Davis.
In d7cta.ing his decision to the
court stenographer, Judge Parker
said in part: 1.-The Court is of the
opinion that If there is any newly dis
covered evidence that it could have
been procured at the trial with due
diligence: That if there is such it is
merely cumulative; TINT if there is
such it would merely tend to contra
dict or to inpeach and discredit for
mer witnesses; that if there is newly
discovered testimony it is not mate
rial ard relevant and it is not of
such a n7ture as to show that on
another trial different result would
probably be reached"
Terrell was indicted by the grand
jury On n charge of first degree MUIR
der at the My term, 1887, and at the
same term he was tried before Judge
Grady, convicted of second degree
murder and sentenced to prison.
Claiming that the jurist erred in his
charge to the jury, counsel for the
defendant appealed and the Supreme
court granted a new trial. He was
again tried in May 1888, before Judge
C1awson Williams, and again he was
found guilty of second degree murder
and sentenced to serve from 25 to 80
yeas in state prison. The case was
again appealed to the Supreme court
hut this time the stllte's highest
tribunal affirmed the trial and judg
ment and Terrell was carried to
Caledonia to begin his sentence.
The prisoner was brought here
NnnTl-v for his haarinpp and althnlloh