Henderson daily dispatch., 1940-03-04
Capps Tried
For Burning
OF Church
Dabney r e S d c n t
Denies Any Con
nection with or
knowledge of Fire,
Except as Told to
Him; Alleged Con-
fession Is Related.

H. M. Capps, middle-aged Dabney
citizen, denied to Vance superior
Court Jury this afternoon that ne
burned the Mount Moriah Negro
Methodist church near his home on
the Henderson-Oxford highway last
July II, with which he IS charged
Trial began soon after the March
term of criminal court convened To-
day, and J. H. Wilson, who operates
a store and filling station near the
Capps home, testified Capps had ad-
mitted to him that he burned the
church and related details of how II
was done.
Late this afternoon witnesses were
still being heard, although the STATE
had rested before the lunch hour
Character witnesses were waiting Al
+ O'Clock to testify for Capps, anc
indications were the case would CON
sumo the rest Of the days session,
possibly longer.
The Negro church was burned
about 9 or 10 o'clock the morning OF
Tuesday, July II, last year. Capps
was arrested shortly thereafter on
charges of firing the property, which
he SAID in court was some 800 to 4OO
yards from his home. He denied to
Solicitor Tyler on the stand this att
ernoon that he burned the church be-
cause Of the noise and dlSOrder lhal
had been going on there.
An oil can was introduced in the
testimony, which the State contend
cd was the one in which Capp5 car
.teu gasoline to the church with
which TO start the fire. 1t was al
legged TO have been found in the ruins
Of the church near the pulpit. An
other can, similar in size and appear
ance, except that the one showed evil
denceS of having gone through the
fire, was offered in evidence as be-
ing the one in which CappS is alleged
to have purchased gasoline from the
Wilson store, and which was said to
have been found in an Clubhouse at the
Capps farm several days ago. 1t was
said 10 have had gasoline in II at tn;
time it was found.
Wilson testified that CappS was =.
his filling station, half a mile or st
from the Capps home, about S:3;
o'clock the morning The church wa
burned. He said Caps asked for The
gasoline in fruit jars, but he did nOt
nave them and gave him the TeXacG
oil can for the purpose. It was a two.
gallon can. He identified the one
taken from the ruins Of the churc.
I1Ni-,rS DT Ci-n ,,,,l-a Of -.
one he let Capps have.
Wilson said the church was afirl
about twenty minutes after Capp.
left his store around 845 a. M, goiI
in the direction of the Capps nom
and the church. Wilson said he we:
to the scene of the fire but did II.
zee Capps.
Wilson said Capps came back BY
lis store about 1920 a. m. and callec
or four packages Of cigarettes, Be
,CWdCr ana a Coca-Cola. He inquired
about the fire, Wilson said, and thel
remarked. Il made a good job of it,
wilson related that Capps said he
lrOEe window, threw in some of The
gasoline, tiIen struck a match ali
threw it on the gasoline on the floo.
ana when 1t blazed up he tossed ii
the rest Of it and the can. Capps Wa
quoted as saying he went home AM
went to bed and was in bed by tn,
time the fire got TO burning good.
On cross-examination by the de-
tense, Wilson said Capps had said al
lrSt he wanted the gasoline to uS>
n the motor Of his wood saw.
Testifying in his own defense
Capps this afternoon denied al
knowledge whatever of the fire, ex
cept as it had been told to him. H.
SAID ne knew nothing othcrwis
about the church being burned. H
also denied any knowledge 0
aaVing had the conversation witt
Wilson at the store on the mornin.
Of the fire, and did not recall
making any purchases of gasolin
L anylning else at that time. He die
remember being in Jail one cay, ant
said he spent some time IN tt
State Hospital in Raleigh after tn;
lire ana alter his arrest. He ad,
mitted having been drinking ant
taking the headache power fo
rheumatism. He denied Solicito
Iyler's intimation that he burne
the church to get rid Of the nols
and disorders. He said he would no
ay he didn't burn the church DC
cause he did not know what he dit
that day.
Dr. Charles Rollins said he ex
anined Capps in the county ia;
July il, the day of the fire, ant
that he had the appearance O
having been on d long drunk, am
his mental condition then was no
normal.
Mack Capps told of seeing hi
Grother at the lattcr's home at tn
time Sheriff L. l.. Swanson and 9th
ers came for him, and also told O
the defendant coming to his houS
for a belt for his wood saw earlier
r. I. Burroughs, deputy sheriff!
aid he searched the Capps premise
with Mrs Capps the day Of tn
fire but found no trace of gaSolin-
Mrs. Capps testified briefly il
her husbands defense.
EARLY in the trial, Rev. Stephol
Heter Cook, pastor Of the burne'