Newspapers / The Robesonian (Lumberton, N.C.) / Sept. 8, 1913, edition 1 / Page 1
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ROBESONIAN IfiJli Established 1870. Country, God and Truth. Single Copies Five Cents VOL XUV NO. 58 LUMBERTON, NORTH CAROLINA, MONDAY, SEPTEMBER 8. 1913. WHOLE NO 2895 VERDICT 1ST DEGREE MURDER Will McKenzie of Scotland County Convicted by Robeson Jury Kill ed Peter Jones Near Laurinburg Last October Sentenced to Be Electrocuted October 29 First White Man Convicted of First De. gree Murder in Robeson County in 20 Years Near-Clash Between Lawyers Other Cases Civil Term of Court Began This Morning. The jury in the case of Will McKenzie, who shot and killed Peter Jones, his brother-in-law, near. Laurinburg, in Scot, land county, last October returned a verdict of murder in the first degree Saturday morning and McKenzie was sentenced by Judge C. C, Lyon to die in the electric chair in the State pris on at Raleigh October 29 next be tween the hours of 10 a. m. and 4 p. m. The trial began Wednesday morning at 10 o'clock and the case was given to the jury about 9:30 o'clock Friday night. After about two hours' delib. eration the jury reached a verdict about eleven-thirty o'clock Friday night but the verdict was not taken until 8 o'clock Saturday morning: The nerve of the prisoner, who had ap peared cool and confident all during the trial forsook l coSthtf efs. ' diet was rendered and he broke down and cried. Sentence was pronounced by Judge Lyon about 11 o'clock Saturday morn ing. Deathlike stillness prevailed in the half-full court room as the judge read the formal sentence. The pris oner bore up well under the ordeal, though he showed signs of being on the verge of tears as he resumed his seat. McKenzie's father and mother, Mr. and Mrs. W. L. McKenzie of Scot land county, a brother and sister and his two small children were with him during the trial. Also present during the trial were the widow and seven children or tne man wno was Kinea, . 1 1 111 1 1 Al I the youngest child being less than a year old, having been born since the father was killed last October. An other child of deceased was sick at home and not able to be here. Solicitor Sinclair was assisted in the prosecution by Messrs. Russell & Weatherspoon of Laurinburg andMc Intyre, Lawrence & Proctor of Lum. berton, while appearing for the defen dant were ex-Judge Walter H. Neal and Messrs. Cox & Dunn and E. H. -Gibson of Lauringburg and McLean, Varser & McLean of Lumberton. The jury was composed of the fol lowing men: J. W. Branch, L. E. PmlLips.L. E. Townsend(,Henry Mc Neill, R. A. Harden, John Warwick, L. K. Rogers, Haynes Johnson, Coun cil Pittman, W. A. McNeill, A. C. Mc Leod, J. W. Hayes, Jr. Notice of appeal was given. First in 20 Years This is said to be the first time a Robeson county jury bas rendered a verdict of first degree murder against a white man in about 20 years. Henry Horn, who killed a man name Griffin in the Fairmont section some 20 years agd, was convicted of murder in the 1st degree and sentenced to be hanged but a new trial was. ordered by the Supreme Court and he was acquitted at the second trial. Two white men who committed murder in this coun ty were convicted and hanged more than half a hundred years ago, but not in this county. One was convicted and executed in Cumberland county, the other inColumbus county, one. was convicted of killing a woman at a point on Lumber river about a mile and a half below town known as Abi's cove; the other was convicted of stab bing a man to death as he passed him on a branch about 4 miles east of Lumberton. Will McKinzie will be taken to the State prison some time this week, it is thought He is a large, well-built, powerful-looking man, and though a dozen of Scotland county citizens tes tified during the trial that he is a man of bad character, he has not a badface. It is understood that the circum stances which led to the killing grew out of the prisoner's alleged bad treat ment of his wife, sister of Peter Jones, who died a short while Tbefore the kill ing. It was in evidence that Jones cursed McKinzie on the morning of the day of the killing, which took place on October 22d, 1912; that dur ing the afternoon of that day Mc. Kenzie accompanied by E.H. Ingraham, drove in a buggy to new-grounds about three miles from Laurinburg near the home of both deceased and prisoner, where deceased was at work, armed with a pistol and shotgun; that Mc Kinzie got out of the buggy and told -Jones that he came for repentance on the part of Jones for what had been said that morning, that then he (Jones) had the ups on him (McKin zie) but thatnow he (McKinzie) had the ups on Jones; that Jones told Mc Kinzie he (McKinzie) had come there to raise a row and he (Jones) would see that he paid for it, and that Jones started toward the road toward Mc Kenzie; that McKenzie fired on Jones 4 or 5 times with pistol and failing to stop him with that threw down pistol and shot Jones with a shotgun load ed with buckshot; that Jones wae not armed. In Thursday Robesonian the tes timony of all the witnesses except the accused was given. - McKenzie was on the stand as the paper went to press. He claimed self-defense and his version of the killing was as fol. lows: McKenzie's Version of Killing. McKenzie took the stand imme diately upon the opening of court Thursday afternoon at 2 o'clock. He appeared calm and self-possessed end answered questions in a clear audible jolne. His testimony was in sub. stance as follows: Thirty years old, had been a R. F. J), carrier from Laurinburg for nearly seven years. Married a sister of the deceased Peter D. Jones abou six years ago; they had four children. Two of whom were now living. His wife died Sept. 24th, 1912, and Jones was killed October 22, 1912. On the day of the homicide he was moving his household effects from hii home in Lar.rinburg to his father's home in the country. Early .that morning he went to his own home to get first load, put his overcoat on back porch, loaded the wagon and started to his father's, when they passed Peter and he asked them about that tale he had been hearing. McKenzie asked what tale and Jones said, "you are a d He." Saw Jones had been drinking and told Ed Ingraham, the driver, to co ahead. Jones came out n the yard and picked up a brick but did not throw -t Went on homej unloaded fodder and went in, to din ' tier. Kemembered that he had lett overcoat with pistol in right hand pocket on the back porch of his home in Laurinburg. His father had to use the team that afternoon and he took the buggy to go back to Lau rinburg and told Ed Ingraham to go with him to help pack up the things in the house to move next day. Some body had been stealing from his house so decided to carry shotgun with so that he and Ed. could catch the thief if came back that night. Father called them after they had started and gave him a statement for some money to give to Peter Jones. When they got back to Laurinburg found that he had left house keys in overall pocket on back porch at his father's. Decided to go by Mr. Sam Jones' (father of deceased and of McKenzie's wift) and carry his little girl back home. Went by Mr. Jones', got the little girl and carried her back to his father's, got the keys to his house in Laurinburg and started there to spend the night. His father told him to go by and see if they could get some wood from Mr. Usher. Took the old road to Laurinburg and when they got to Mr. Usher's wood pile he got out to examine the wood. Saw Peter Jones sitting on another pile wood about 75 feet away. Walked to wards Jones and said, "Peter, if I said anything this morning to hurt your feelings I want .to apologize for it" Jones approached him with an open knife in his left hand and his right hand on his hip pocket, cursed him using an approbious epithet and said, "If I get to you 111 kill you." That he then drew his pistol (a Sav. age automatic) and fired to the left of Jones once or twice to frighten him; that Jones continued to advance upon him, still cursing and threatening to kill him; he fired to the side of Jones two or three more times and Jones stopped and turned as if to go back; that he (McKenzie) threw the safety catch on his pistol and dropped (or thought he dropped it) in his coat pocket and started toward the buggy; took out his shotgun, started behind the buggy, his ankle turned and he fell on his left side, that as he looked up he saw Jones leveling pistol at him and that he, in order to save his own life, fired at and killed Jones. Throughout a grilling cross-examination, lasting nearly an hour, Mc Kenzie stuck to this version of the homicide and could not be shaken Several questions of an impeaching nature were fired at him but he calm ly denied all knowledge of the events asked about and made only one con cession, and that was when asked how many dogs he shot while on the mail route, he replied only one, that he belonged to Mr. Link Brown, a character witness for the prosecu tion. Motion to Set Aside Verdict Denied. When Judge Lyon announced that he was ready to take up the matter of pronouncing sentence upon the prisoner, Mr. A. W. McLean, of counsel for the defense, arose and asked that his honor set aside the verdict and grant a new trial. The grounds upon which a new trial were , asked for were; The jury and the ' widow and children of the deceased ; had stopped at the same boarding '. house during the trial and while he expressly disclaimed any intention of imputing anything improper in the ! attitude of either , the . relatives of the deceased or the jury, or any at-1 tempt to' influence the jury, at the i same time he contended that the si-. lent influence of the widow and her children at the same boarding house though the jury did not sleep there, as Judge Lyon brought out by a ques tion could not have failed to have had its influence on the jury; that the verdict was a surprise and not warranted by the evidence; also that in his speech before the jury Solicitor Sinclair had made some remarks which were calculated to influence the jury to render a verdict not war ranted by evidence, though he dis claimed any intention of criticising the solicitor. The remarks of Solicitor .Sinclair referred to by Mr. McLean were to the effect that newspapers had been severely criticising judges and soli, citors for the frequent failures to convict in murder cases while as a matter of fact it is often due to the fact that juries have not the moral courage to return a verdict accord, ing to the evidence. Counsel for the defense objected at the time and Judge Lyon in his charge told the jury that it was not to be considered as having any weight in reaching a verdict. Solicitor Sinclair replied with some show of heat to Mr. McLean's remarks. He said that he had no apology to make for anything that he had said; that Wednesday morn, ing before the trial began Mr. Mc Lean came to his office and offered to agree to a verdict of second-degree murder; that the case was the blood iest that had ever been tried in this court house. Mr. Sinclair prefaced his remark to the effect that offer had been made to agree to second-degree verdict by saying that he would not tell that but for the fact that Mr. McLean had criticised him. When Mr. Sin. clair set down Mr. McLean stated that he regretted that the solicitor had made such a statement, which he said was a most unusual one for (a solicitor to makei and that he Expressly disclaimed at the outset any intention of criticising Mr. Sin. clair. Here the matter ended, .Judge Lyon leaving the court room to write his sentence according to the form laid down in the statute providing for the execution of condemned persons by electrocution. Though the case was removed to Robeson from Scot land county, the sheriff of Robeson is directed to take the prisoner di rect to the State prison. Civil Term Begins. A week's civil term of court con vened this morning, Judge C C. Lyon of Elizabethtown also presiding at this term. The criminal term expired by limi tation Friday evening, no cases being tried after noon Saturday. Besides the murder case the following cases were disposed of Saturday: Judgment heretofore entered in a case against Governor Bell $25 fine and half costs on charge of assault with deadly weapon was stricken out nd he was fined $10 and costs. Defendant paid $35 and was recogniz ed with Hardy Bell, his father, to ap. appear at the next term of court and show that he has paid balance of costs. Judgment heretofore rendered in the case of Jesse Hayes 2 years on roads was stricken out and he was sentenced to 2 years in the State prison. Hayes was convicted of steal ing a mule belonging to Mr. L. E. Whaley of Lumberton. Judgment heretofore rendered in the case of Warren Faison was strick en out and prayer for judgment con tinued on payment of costs and $25 to Jno. Morrison. The healing demulcent qualities of Foley's Honey and Tar Compound are not duplicated in any other medicine for coughs and colds. Any substi tute offered you is an inferior article. Refuse to accept it for it can not pro duce the healing and soothing effect of roley s Honey and Tar Compound. insist upon the genuine which con tains no opiates. FARMERS' UNION RALLY. Large Crowd Attended Rally and Pic. nic at Bethesda Good Speaking and Music and Dinner State Sec. ret try Crosby Speaker of the Day. The Farmers' Union rally held at Bethesda Friday was a grand success. No clouds that hid the shining sun, nor rains that poured kept the people from going in great throngs to be present at the biggest picnic ever pulled off in Robeson. Owing to the fact that the speakers all went down fTOm Lumberton on the , train which didn't arrive till 11 a. m. it was 11:30 when the large crowd assembled in in the church to listen to some good music and speaking. After the Barnes, vill band, which made music for the occasion, had played two or three very appropriate pieces Mr. W. P. Barker of Lumberton, county chaplain of the Farmers' Union, opened the evercfaes with prayer. The next thing on the program was the address of welcome delivered by Rev. S. T. Moyle, pastor of the curch at Bethesda. This ad. dress alone, without the good things that followed, would have been well worth going to Bethesda to hear. He made all feel at home and welcome to all that was in the home. The re sponses to this address was made by Rev. Wm. Johnson of St. Paul's, whose remarks are always beautiful. He spoke the sentiment of all the visitors when he said that the way in which they had been received made them feel welcome. Dr. H. Q. Alexnder, State president of the Farmers' Union, who was ex pected to make an address got tied up in a storm and failed to arrive on the scene, but nevertheless he sent the educational secretary of the State Union, W. J, Crosby, who was in troduced by Mr. W. K. Culbreth, coun. ty business agent. Mr. Crosby made a powerful, en couraging, helpful and much-enjoyed long speech. He took for his sub ject "Conditions in the rural districts." In starting he said the three things most essential for the farmers were education, organization and co-opera. tion, and the greatest of these is edu cation. He showed that the schools in the rural districts are not suited to the people who live in the districts, that they are not taught for the ben efit of the 95 per cent that stay on the farms, the 95 per cent that never enter college, but for the 5 per cent that do. He showed very plainly that more stress should be put on agricul tural work in our country schools, that the boys and girls may learn how to make a successful living on the farm and not have to leave the farm to make money. He showed how es sential it was that the farmers organ ize and co-operate, as they are the only people who will ever in any way bring relief toN themselves that it was no use to wait and depend upon the politician any longer, but that the thing to do was to organize and get busy themselves. He said that at this time the farmers Union ahd in this State alone 44,000 paid up members, which is good proof that the Union is still far from being ready to bury. There was music by the band be tween the speeches, and the band did itself proud. A rising vote of thanks was extended the band for their ex-J cellent music. After the speaking was over . a great big dinner was spread, almost enough for all that did go and all that didn't. Just as the feast had begun the rain began to pour, but if anybody stopped for rain this reporter was so busy he failed to see them leaving the table. The dinner was a little wet, but all right, and we don't know of a man who got choked; so the rain mjght have been a blessing after all. The afternoon was spent in court. ing by the unmarried and general dis cussions of various subjects by the older people. The ball game, a double-header, which was to have been played be. tween Baltimore and Bethesda had to be called off on account of rain Truly it was a good day for the people of this good section and the people of other sections who were lucky enough to be present. Among the number who went from Lumberton were eMssrs. S. S. Steph ens and Grover Britt, accompanied by Messrs. Forest and Rowland Stone and Orion Martin of Mt. Eliam. They made the trip in Mr. Stephens' auto. Facing a Serious Proposition. The man or woman who has kidney trouble is facing a serious proposition, where erave complications readily fol low neglect. Foley Kidney Pills are an honest curative medicine that once taken into your system mean restored kidney and bladder action, and a re turn of health and strength. For sale by all dealers. NEW DRUG STORE. McDonald Drug Store Will Open for Business Wednesday at Former Stand of Defunct Lumberton Drug Co. Mr. John S. McDonald, who was ap pointed receiver for the Lumberton Drug Co. shortly after he became the manager of that company's store some months ago, has organized the Mc Donald Drug Co., composed of Lum berton people which company has pur chased from Mr. John M. Scott of Charlotte the stock, fixtures, accounts. etc., of the defunct Lumberton Drug Co., Mr. Scott's purchase for $2,630 at the receiver's sale having been confirmed by Judge Lyon Friday. The McDonald Drug Co. will open for business Wednesday in the former stand of the Lumberton Drug Co., Chestnut and Third streets. Mr. Mc Donald spent Saturday in Charlotte purchasing goods for the new com. pany. Mr, McDonald is an experienced druggist and will conduct an up-to-date drug business. Mr. Geo. F. Brietz Receives Token of Esteem Leaves For Kin 8 ton This Week. Mr. Geo. F. Brietz, whose resigna tion of the superintendency of the Dresden Cotton Mills to accept a sim. ilar position in Kins ton was mention ed in The Robesonian two weeks ago, was highly honored yesterday by two Sunday schools. Yesterday morning, just before Chestnut Street Methodist Sunday school adjourned, Mr. C. V. Brown, acting for the ladies of the Wesley Philathea class, which class Mr. Brietz had taught for the past three years, presented Mr. Breitz a beautiful sil. ver loving cup. Mr. Brown made an appropriate short speech expressing to Mr. Breitz the apreciation of the ladies of his class for his earnest, faithful work as their teacher, also the appreciation of the entire school for his Christian zeal and untiring efforts; and yesterday afternoon Mr. brietz was presented a silver service by the East Lumberton Sunday school, a beautiful presentation speech being made by Mr. C. B. Townsend. Mr Breitz was deeply moved by these tokens of esteem and appreciation his deep feeling being shown in hii ac ceptance speeches. Mr. Breitz and his family will leave Thursday for their new home at Kin stoiv where Mr. Brietz will be super. intendent of the Kinston Cotton Mills. Rarely has a man so impressed him self upon a community as has Mr. Brietz during his three years stay in East Lumberton. He has worked un tiringly and enthusiastically to build up a live Sunday school in East Lum berton and the success of his efforts has been little short of wonderful. He has also been a regular teacher in the Chestnut Street school and his efforts there have been highly appre ciated not only by his class of ladies but by the entire school. He will car ry with him to his new field of la bor the best wishes of a host of friends in Lumberton and East Lum berton. Mr. P. A. Gwalthneyof Chesnee, S. C, will succeed Mr. Brietz as su perintendent of the Dresden Mills. Graded School Opens For Fall Term Tomorrow. The Lumberton graded school opens for the fall term tomorrow morning at 9 o'clock. No out-of-town pupils will be admitted if the rooms are as crowd ed as they were last year, so they need not apply until next week. Miss Mayce B. Glasgow of Knoxville, Tenn., music teacher, Mary Henderson of Davidson, Mamie Highsmith of Fay. etteville and Ethel Pipkin of Reids. .ville, teachers, are at the Waverly ho tel, not having been able so far to secure board at private homes. Miss Ruby Johnson of Del way, another one of the teachers, will arrive this eve. ning. The school in East Lumberton, the Lumberton and Dresden cotton mills school, opens today. Miss Nellie Steele is principal o fthe school. Miss Katie Stone intermediate teacher and Miss Lillie Barker primary teacher. K. M. Biggs Buys Part of McLeod Let Messrs. W. F. French and Ira Bui lard, who, as has been mentioned in The Robesonian, have secured an op tion on the McLeod property, Chest. nut and Fourth streets, at present oc cupied by Messrs. Deese Bros., have given Mr. KM. Biggs an option on two fifths of the property. Mr. Biggs gave $100 for the option and is to pay $8,000 for property. The size of the lot Mr. Biggs get3 is 43x108 feet and it is the corner, 43 feet facing Chest- I nut and extending back 108 feet par. allel with Fourth. BRIEF LOCAL NEWS ITEM Cotton today, 12 cent. Mr. K. M. Biggs left this morning for Wake Forest, where he will spend two or three days on business. Miss Rebecca Ward returned Fri day evening from Ridgecrest, near Asheville, where she spent the sum mer. She left this morni(hg for Chase City, Va., where she will teach school. Mr. R. D. Caldwell, senior mem ber of the firm of R. D. Caldwell & Son, returned Friday evening from a business trip to Baltimore and New York. He was away about ten days buying goods for the fall season. Mr. O. C. Smith of route 2 from Lumberton was among the visitors in town Friday. He brought to The Robesonian office three fine sweet po tatoes, this season's crop. The pota toes are unusually fine for this early in the season., Mr. Smith says his potato crop is all right Rockingham special, 6th, to Char. lotto Observer: Mr. and Mrs. W. B. Lee of Red Springs who are spend ing the summer at Ellerbee Springs, lost their ll-months-old child this week by death. The little one had been ill for several weeks. The baby was taken to Lynchburg for burial. iMss Annie Neiir JFuller wilt leave tomorrow' for' Greensboro, wKere she i a student at the Greensboro College for Women. Misses Annie Ruth Caldwell, Mildred Mclntyre, Lina Cough, Mildred Williams, Marie Linkhaw and Louise Townsend will leave this week for eMredith College, Raleigh. They will probably leave Wednesday. Mr. and Mrs. A. II. MceLod re turned Friday evening from Colum bia, S. C, where they had been since their marriage a week ago. Imme diately after the marriage they left for Colombia in the handsome tour, ing car of the groom brother, Mr. Alf. II. McLeod. Mr. andVMs. Robti Lambert of Columbia returned with them and spent Saturday and yester day here guests of Mr. and rMs. McLeod. Mr. Scott' Stone and son, Mr. Whit Stone, of Raynham were in town Friday. They brought to market four bales of this year's cotton. Two of the bales sold for 12 cents and the other two sold for 12.37 cents per pound. Mr. Stone says that he de posited Friday a check for the last of his tobacco crop and also a check for the first of his cotton crop sold. He grows both tobacco and cotton successfully. At the Pastime theatre this eve ning will be seen "The Toll Gate Raid ers," Kalem, and "Trailing the Coun terfeiters," Cines. Tomorrow evening a Cines 2-reel feature will be run, en titled "Rameses, King of Egypt," the story of the love of a powerful mon arch for a beautiful shepherdess. Be sides the feature picture "hTe Curio Hunters," an adventure in the South seas, Vitigraph, will be run. Miss Josephine Breece returned yesterday from a visit to the North ern markets, where she purchased fall and winter stock for her millinery store on Chestnut street. She spent some time in Baltimore and New York and spent a day in Washington on her way home. Miss Jean Pratt, who has been with Miss Breece for sev eral seasons, accompanied Miss Breece on her trip North to study styles. She will arrive Wednesday. Miss Grace Redmond kept Miss Breece's store for her during her ab sence. Hot Springs Has $6,000,000 Fire Ap. peal for Aid. Hot Springs, Ark., was swept Fri day by a fire which destroyed proper ty valued at $6,000,000 and rendered 2,500 people homeless. Saturday the following urgent appeal for outside assistance was issued: "While we do not wish to be placed in the attitude of asking for outside assistance, the cry of suffering hu. manity suggests the propriety of ac cepting any assistance that may be offered by a generous public. Thous ands of people have been rendered penniless and homeless. The destitu tion is acute and the need of assist ance is imperative and immediate. Or dinarily we could take care of our lo cal citizens in a disaster of this kind, but there are hundreds of citizens from other States thrown on our bounty. This makes our burden great indeed." Dr. S. R. Thompson, who has a po sition in the Charlotte Sanitorium, Charlotte, arrived Saturday to spend a few days in town on a visit to home folks. " . '
The Robesonian (Lumberton, N.C.)
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Sept. 8, 1913, edition 1
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