The Wilmington morning star. [volume] (Wilmington, N.C.) 1909-1990, 1945-06-08
|MEAD0WSLAWYER
WILL SEEK WRIT

tition asking for a writ of prohibit
ton in the case Of DIR. Leon r.
Meadows.
Either Chief Justice Stacy or any
of the Justices, all of whom have
concluded their sittings for this
session, could grant the petition.
Such action automatically would
delay the second trial of Meadows.
charged with false pretense and
embezzlement of more than $4,000
while President of East Carolina
Teachers college, until the fall
term. Denial would mean that the
current trial would proceed.
Petition for writ of prohibition,
usually confined to former
jeopardy pleas, is rare in North
Carolina courts.
In effect, it asks the Supreme
Court to halt the Superior Court
trial until a ruling can be had on
the defendants plea that Superior
Judge Clawson Williams was with
out authority in converting regu-
lar civil term four days before ne
ordered a rnistrial in the Meadows
case.
The defense contends that such
an order had the effect Of an ac-
quittal and therefore under former
jeopardy, Meadows could not be
tried a second time on the same
charges.
Meanwhile, another defense mo-
ton for a change Of venue was
denied earlier today by Superior
Court Judge j. Paul Frizzelle in
the trial of DR.. Meadows, and the
judge ordered the summoning Of
a special venire of $50 men from
Lenoir County to proceed.
However, Judge Frizzelle ad-
vised the three-member counsel on
both the state and defense side
that should it appear jury could
G5oSt be seated from Lenoir, he i'm
[niediately would order a special
venire from a remote county.
| In advising the court of that in
tent, he said that he had located
an area in which neither the Ra-
leigh News and Observer nor the
Greenville Reflector was read. The
defense had claimed that both pap
ers were prejudicial to the defen-
dant, and that both had influenced
their subscribers and other read
ers.
Judge Frizzelle said from the
bench that should it appear during
the progress of the trial that Mead
ows could not have a fair and I'M
biased trial in Pitt County. he
would stop the proceedings.
He said that he believed the
people OF Pitt County were deter
mined to see that Meadows was
given fair trial, and should the
opposite be true, II should feel
sorry for the people of this
county"
| The defense, represented by AL
bion Dunn Of Greenville, Clay
Carter of Washington and John
Dawson Of Kinston, insisted that
of the first special Venire of 100
summoned from Lenoir, at least
80 per cent dismissed on the
grounds of prejudice, had advised
the court that they believed DR..
Meadows was guilty.
The court made its observations
after all of the special panel ex-
cept three had been dismissed.
None of the three, however, had
been accepted by either the state
or the defense.
Special Prosecutor Jesse Jones
of Kinston, who arrived in court
just before it recessed until $50
a. m. tomorrow, informed Judge
Frizzelle that he, too, did not be-
lieve that jury could be obtained
from Lenoir. His arguments in
that respect paralleled those of the
defense. But the court ruled that
| the summoning must continue and
that decision on whether to sum.
mon special venire from a re-
mote county would be decided lat.
er. eve will get jury, gentle
men," he said. indicating that he
planned to hold the trial and not
postpone it.
The defense harped long on the
contention III a the Greenville
Press, plus the Raleigh News and
Observer, had not clearly reported
the trial.
To that contention, ATTORNEY
Jones answered that the Press had
fairly reported the trial, and the
mere fact that it had reported the
real facts of the evidence alone
was enough to dismiss such con-
tention.
If the evidence was against the
defendant, and the papers had re-
ported such testimony, then the
papers themselves could not be
charged with taking sides, he said.
|