The Wilmington morning star., 1947-03-14
CANEY CASE MAY
REACH JURY SOON
Continued from Page one)

court was called, Ganey and mis-
wife chatted in whispers to one
another.
But when court opened, they
watched the proceedings with the
same stoical expression on their
faces. Occasionally Ganey would
confer with his attorneys Aaron
Goldberg and David Sinclair.
Ganey, along with Mrs. Ganey,
will take the stand this morning
when court is resumed. Sinclair,
Who said he was dog tired" when
court adjourned for the night, told
the court he expected to put
Ganey and Mrs. Ganey on the
stand tomorrow.
Il hope to rest the case by noon
tomorrow" Sinclair said. More
than 20 defense witnesses, includ-
ing character, took the stand yes
terday afternoon. Each testified to
the good character of the defend
ant.
Describes Scene
Porter Davis, New Hanover
county deputy sheriff. the second
state witness to take the stand in
the afternoon, described how he
had received the call to go to
Ganey's filling station on the night
Of Oct. %, and what he found.
He said that when he reached
the filling station he looked into
the Ford coach parked under the
shed of the Ganey station, and
found Henderson dead. He said he
went into the filling station and
found Mr.. and Mrs. Ganey and
Earl Howard and Mrs. Howard.
Davis said that Ganey appeared
to be drinking, and he was mad"
He said that Ganey told him that
he had shot Henderson, and that
he also gave HIM the .25 colt auto
matte pistol with which he alleg-
edly shot the young drive-in at
tendant.
Davis said that he placed Ganey
in the custody Of Ernest Priest,
another deputy sheriff who had &C
companied him on the call, and
that Priest brought Ganey into
Wilmington and lodged him in
jail.
Under the questioning CT Solici-
tor Clifton Moore, whose meticul-
Gus handling of the case has built
up a strong wall for the defense
to attempt to hurdle, Davis said
he saw some blood on Mrs Earl
Towards head. She said, Davis
added, that Ganey had kicked her
while she sat beside the stove.
Crowd Gathered
Davis said that there was no one
in the filling station when he and
Priest arrived but Ganey, Mrs.
Ganey and Mr.. and Mrs. Howard.
But in five minutes after Ganey
had been carried away, II reckon
there were between 500 and 1000
persons there" he said. A
mutfled, giggling rumble permeat-
ed the courtroom at this state
ment.
Davis said he examined the pis-
tol. 1t contained five undischarged
cartridges. He said it was a seven
shot gun. And he added, he found
two discharged cartridge shells in
the front part of Henderson's car.
Ernest Priest corroborated
Davis statement. He said that
while he vas bringing Ganey into
Wilmington, the prisoner had little
to say with the exception that eff
l had got up with Henderson last
night this would have been settled
in Onslow county"
Solicitor Moore asked him if
Ganey had said anyone (meaning
Henderson, was after him with a
| gun. Priest said that Ganey made
no mention of such a thing.
Doctor Testifies
DR.. A. H. Elliott, county health
official, and Former Coroner Aza
Allen, told of finding the bullet in
Henderson's body, and its identifi-
cation for the jury.
A sworn statement by Earl Nor
ton, offered only as corroborative
evidence, was read in which Nor
ton told how Henderson had lived
in Seagate with him for several
months. It was during this time
that Henderson had met Miss
Ganey.
The statement also detailed the
proceedings from Saturday until
Tuesday night, the time OF the
shooting. 1t told how they had
picked up Miss Ganey, going to
several ~roadhou5es, and finally to
Jacksonville and subsequently to
Wilson where they spent Saturday
night, and the return to Jackson
vile.
The state rested it's case at 3:07
pm.
Goldberg first asked for an ac-
quittal, then a non-suit. Both mo-
tons were denied by Judge Will
liams.
The first defense witness was
former Sheriff B. F. Martin Of On
slow county.
Searches For Daughter
he tOld now GaHey mad coIlle
to his house On the night of Oct.
%. and said he vas looking for
his daughter. Martin said Ganey
asked him to go with him to look
for his daughter.
Martin said he accompanied
Ganey to Leon Henderson's SER
vice station, brother Of the dead
man. Martin said he told Leon if
he saw Frank and Miss Ganey 10
tell Frank to take the girl home
to her parents.
However. Martin said that Leon
told him that Frank, Miss Ganey
ard MI. and Mrs. Morton already
had gone back to Wilmington.