Newspapers / The Robesonian (Lumberton, N.C.) / July 20, 1923, edition 1 / Page 1
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t 1 ' ' . -:— Examination of Witnesses Ended at 3:40 This Afternoon*-Counse! Agree on 3 1-2 Hours Argument for Each LAWSOP ONLY ONE OF FLOGGERS RECOGNIZED BY MRS. WATSON Say* She Doe* Not Believe Her Brother John Hedgpeth Raiaed Hi* Hand Again*t Her— Believ^* Her Hu*hand Cauae of It All—Norine Wataon and Ariato Purvi* Swear to Recogniz ing Cither Two Defendant*—Alibi Bullded for Lawaon by Many Witne**e* Con*iderahly Weakened—Keith File* An*wer That He Ha* Ne Record* of Klan and Ha* Not Seen Them. Trial of Mike Lawson, John Hedgpeth and Julc Brogdeh on charges growing out or the flog ging of two women near Proctor ville on the night of Apiil 14, which began Tuesday morning, is nearing its close. At &*4P this afternoon examina tion of witnesses was ended and counsel agreed to limiting Argument to seven hours, three and a half hours for each Side. Only a feW Witnesses Were put on by the State this afternoon and counsel lor de fense rented after putting on a few witnesses in re buttal. . , ; , This prospect of rapid closing of the trial eliminate# the probability of a night session, which had been egbeeted. , < Mrs. Mhry Watson, one of the victims of the Hogging Oh the night of April [4 At PtOctOrviH. on changes growing out of which ^ flogging Mike Lawson, Jule Brogden and John Hedgpeth are be ing tried in Superior court here, swore on the sta'nl this morning that Lawson was the only one of the men L.hc recognized, that he Was the one who used the strap. She said she did notheliev. her brother John had ever lifted h.s hand against her and that she !oved him and would gladly change pia^es with him if she could. Her husband Sam Watson, she said, is meaner than °!daatan wants him to be and was the cause of her and the chiidren being at the home of Mrs. Hattie Purvis, the other vtctum dtatjnght. ^ ^ her husband was the cause of the whole thing and she gave even more evidence than she gave at the fust hearing- Many were looking for her to say that 'h.dH n.tr<*°Er nirc any ung ror ncr tv --- . -j of the men. but,they were disappointed as abe told emphatically of recognizing Mike Law on. No' ne Wasson gave positive testi mony as to rf^r.-*n'7in? .iule Brogden on account of his eyes, and Ansto Purvis was certain he recogntrcd 3ohn Hedgpeth. Strong Alibi ^ eakcned. The strong aiibi which the defense had buiit up for Lawson were in some instances tom com ^ieteiv down this morning and on!y a few were left standing in a pro minent light, after the State had put cn a number of witnesses fcr that purpose. The defense used many things against the witnesses and were in some cases impeaching, where the witnesses admitted to having ^d trouiie with Lawson about liquor. The strongest testimony offered by the state was that of Mr. E. G. MRfheH, who swore that he saw a car parked near the station in Fairmont about 9 o'clock on the night in ques tion and saw the defendant Mike Ltwson and P. P. Smith get into the car and drive off in one direction of Pmctorviiie. Counsel for the defense did not try to impeach his testimony with any of the other methods pre viously used on the seif-admitted partakers of iiquor. Keith Says He Hasn't the Records. Mr. V. W. Keith, an attorney of Fairmont, fiied answers yesterday with Clerk of the Court C. B. Skipper to the duces tecum subpoenas served on him Wednesday at the instance of counsel for the prosecution to pro duce in court records of the Fair mont kiavern of the Ku Klux Kian showing list of officers and members und any communications from or to H U Taliaferro, alleged Ku Klux Khm detective, in regard to Logging of women at Proctorville, or hearing upon the aiieyed theft of robes or helmets from the Fairmont hlavem Mr. Keith makes answer that he is not in possession of and has never seen such records and places himself at the further service of the court. No answer had been recceived up to noon today from Mr. E. r. Ran dolph of Warsaw, alleged grand kla !iff of the realm of North Carolina, to a similar supoena mailed, to him Wednesday. Health Officer Describes Wounds The State opened this morning by offering Dr. E. R. Hardin, county health officer, who testified .that he examined Mrs. Purvis and Mrs. Wgt on on the 20th of April, 6 days af ter the flogging. He described the wounds, and by following his notes gave an exact lescr^tion. There was a lot of. discol oration and large bruises. Miss Elisabeth Frye, county wel fare officer, was called but failed to Ricks Purvis, 10-year-old son of Mrs Hattie Purvis, corroborated the testimony previously offered as to the appearance of the Ku Kiux and happenings at the Purvis home. How He Recognised Men He described intelligently the way the Klansmen were dressed and how he was able to recognise Jule Brog den, by his eyes and hands and John Hedgpeth by the way he stood, and his pants and shoes. As he started out the door nfter his mother, P. P. Smith poshed him back he declared. The young mao was somewhat confosed by a stiff cross-examination when he tried to explain the kind of grease he saw! on Brogden's eyes. Like his brother, Aristo, he said he was not afraid. Mrs. Wttaoa on Stand Mw. Mary Watson, one of tb*3 women flogged treat on the stand W spite of ramors that the State woaidn't offer her as a witness. Coanse! for the defense sabpoened the her yesterday to ns* her in case state did not pnt her on. She her reason for going to Mrs. Parvis' that she didn't want to stay at home aim*. Mar husband toid her when he !eft th*t he wonid be back some time that night. Her first few minutes on the stand corroborated Mrs. Parvis' testimony with the exception of the Mentifica recognized-xzMiMi XZ#HR!B X3#iMHi tion of the three men Mrs. PofVis recognized. Contradicted W. R. Snr ies testimony, stating that when she was thrown in the car she saw W. R., Series standing on his perch looking! at them, Recognized Lawson When they reached the church the Ku Klua started to carry them In aide Of the church but earned to the aide. A big tall man took ont leather strap and gaye it to Mike Lawson, she said* They put something like a floor sack over her head which did not completely blindfold her, and she easily recognized Mike Lawson. "Didn't Get Enough" She said she codld not swear that the "judge" was P. P. Smith bdt She would always believe it was Mm She said that her hUsband Sam Said "we got just what We deserved, and if anything didn't get enough.*' She said she was afraid to rOtUm to Proctarville after the warrant was issued, that she khew she had no protection there* That part of Norine's testimony relative td the Klan coming baCk a few nights af terwards Wds corroborated by Mrs. Wat^tn. _ , Nothing UUt or the way On cross-exaniindtidn Mrs. Was son stated thai; she deyer sad' cr hoard anyfhidg ddt of the way at Mrs. Purvis'. Shd contradicted Nor rne's testimony abodt Sappers Say ing Conrad had jerked them off in stead of Norine pulling them off. "Meaner Than Satan Wanted" She had been at Mrs. Purvis' sev era! times with children and played grafanolAL Her husband admitted to her that h€ had eavesdropped Mrs. Purvis' hodse when shd and fhd glfls were there. She said her bu#8and was "meaner Otan old SaMpi could wdnt a man to be", and conttnued that site wanted to be allowed to tell who were the members of Sam Watson's klan. The defense didh't care fof It. She said Raydes Rarned wda a man shw doesn't speah td. Didn't Want to Ten Mrs. Watsoh hdniitted that ehe told some people Id the court house she didn't know who did it and that she was not going to tell anybody's name until she had to. She explained the reason for saying she didn't know any df then! because she didn't want to tell abotit Mrs. Watson was the victim of scorching questions by Mr. W. S Britt abodt telling witnesses in case that John KedgpSth had dothing to do with it. She answered these by saying that she does not believe that John ever raised his hand to harm her. Sam Told Her to <lo She testified to a rebuttal from State counsel that Sam had told her to go to Mra. Purvis'. Saw Mike Lawson's car. Wade Nye testified he was in Proc torville on the night of Aprii 14th and stayed paid of tim# at John K Atkinson's. He said his car stopped on road from Proctorviile to Fairmont and a car with five men in it that he had previously seen in Proctorviile passed him. He remarked to his com panions then that he would see that car again, that it was Mike Law son's. He swore he saw the same car the next morning. Raymond Inman, driver of the ear which stopped on the road on account of a puncture, corrobated Nye's testimony. On cross-examination he said he !ef t Proctorviile just before 11 o'clock and it was a few minutes after when car passed them on road^ Mr. T. L. Johnson used terrific energy in try ing to tear down the witness' testi mony relative to the time he left Proctorviile. He was successful in compelling the witness to admit he had driven a car in town of Fairmont and that he had trouble in Fayette ville in the "red-light" district. The witness denied telling Lawson that he now had a chance to even up with him for his past abuse. H. H Atkinson was on !us way from Geo Branch's store when he saw the Ku KIux car going towards Mrs. Purvis', only two men in it and no number on car. Heard Ford start up in front of Series' store, after hearing a whistie; heard the noise at Mrs. Purvis'; went to Mrs. Purvis' after the Ku Kiux left. Gay BuMock and Fairmont record er's court Judge A. E. Fioyd testified they were with Inman and Nye and partly corroborated the testimony. Didn't See Lawson in Z Hours R. R. Turbevilie, policeman in Fairmont on the night of Aprii 14th, testified he saw La^rsod between 8:30 and , 9 and no nidM till ll!15. Lawson toid hip he was #oing hdHbo about 9 o'clock, that he was sick, he said. On cross-examination he denied Lawson to!d him to look out for some drunks, bat admitted he had been drank himseif in Fairmont. Denied having applied for Lawson's job since this affair. Saw Lawson After ii Jno. D. Parvis said he drove np to barber shop after 11 p. m., at same time Mike drove up. Heard Torbe ville ask him about going home early. Said Mike asked Tarbeville if there was any drunks in town that night Mn cross-exanunatton ne aannueo to being drunk add paying fines. Lawson didn't arrest MiB that night. R. G. Mitcheii saw a Ford car park ed near station, saw Mike and P. P. Smith get in car and drive toward depot, crossing raiiroad about 9:15, one of the ways to Proctrviiie. Oth ers were in car, in the back seat. un cross-exammatton aeienses counsc] tried to. show that they got into the cat and went in the direction of P. P. Smith's home. Mr. E. B. Hayes stated he went home at about nine o'clock, Mr. M. G. Mitcheil accompanying him. Got time Mixed tip Thursday afternoon's grind con sisted of a renewed effort to estab lish an alibi for each of the defend ants. prove good characters for them and further impeach the character of Mrs. Hattie Purvis. Partial ali bis were shown by character wit nesses W. F. Mitchell, Glenn Ashiey and Roy Johnson in the early after Getaoin xzfiff xzMMMi xzMfrfR fH noon. 8. G. Floyd was considerably confused by the cross examination when his testimony as he had just given !t contradicted the signed let ter jof her husband was being sharply heating, in which he testified that I^aweon was in hi# place of busi ness between the HMh'S of 9 and 10. His testimony at this trial differed considerably as to the time. Mrs. Mike Lawson on Stand Mrs. Mike Lawson, wife of one of the , defendants and Who hotly pro tested out in court when the charac ter of her husband was being Shdryiy handled Wednesday, took the stand and offered an alibi for her accused husband, corroborating his testimony as to the time he returned home on the night of the alleged flogging and the time he atC bis 3Upper. Accord ing to her testimony, Lawson came home'at H o'clock, the clock striking just as he entered the house. She was not confhsed by the cross examina tion; which wds Mach milder than was expected by the large crowd of people With hdngfy auditory nerves About the Lights The, question df the lights going out in Proctorville at a certain time was practically settled when Mr Walter Nance, who testified that he was in charge of the plant, told that the switch controlling the lights was of the automatic kind and that he had it sSt that bight to go off at 10 o'clock^ On account Of U severe storm the day before, he explained that the switch or clock had been thrown out of adjustment and it was necessary for him to cal! Mr. 0. M. Reaves to help adjust the automatic part. He swore that he had asked Mrs. Purvis about the whipping and she told him a few days later that she did not receive one. A Little More Flogging Despite the warnings of Judge N. A. Sinclair regarding laughter, the packed court room rocked when Mr. Nance on cross examination was ask ed if he did not say that It would be the thing to do if the klan would come to Lumberton and flog Mr. Sharpe, editor of The Robesonian, and give a little to Mr. McIntyre, the prosecuting attorney. Mr. Nance stated that It was generally rumored over that part of the county that Mr. Sharpe was trying to prejudice the puMic against the defendants, but flatly denied making any such state ments. Messrs. A. a. mompson, A. <*. Floyd, D. R. Mitchell, P. B. Thomp son, R. L. Owens, S. W. Floyd, Oscar Abbott, W. J. Walters, Will Barnes and Frank McLeod testified in suc cession as to the good character of the defendants and the other wit nesses who had been used in an ef fort to estabhsh anms. Fonr Women Testify Four women from ProctorvtHe fol lowed these men for the same par pose. Mrs. I. P. Graham wss the first on the stand and fnMiHed the desire of the defence as to the character of Mrs. Parvis. She stated that she did not approve of the whipping bnt that the matter shooid have been handled by law. There was nothing unasua! in the testimony of Mrs. W G. Nanee, a character witness. Mrs. H Bames was the subject of a short cross - examination after she had testified as to the character of Mrs. Purvis. She didn't approve of the whipping, but didn't go to see how badly the women were hurt. She said that the women should have been indicted, but explained her rea son for not doing so by the fact that she did not know how to go ^about it. She admitted that Mrs. Purvis MM her eMldrda *3 Sunday School, hat stated that she had invitad Mrs Purvis to church, bat aba Wouldn't come. Mrs. K. Barnes said that she had talked earnestly with Mrs. Watson and pleaded with her to atop the row and commotion at her home, and that she would not, and she did not go about her any more. At thla point the defense rested. Had Tia*e Wrong. The prosecution came bach with renewed vigor and had a large num ber of additional witnesses sworn. The offensive was launched by recal ling to the stand Conrad Purvis; son of Mrs. Hattie Purvis, who contra dicted Ernest Branch's testimony re lative to the time Mike Lawson eras in Proctorville. Conrad testified that Mike and P. P. Smith went Into Geo Branch's store at first dark. He also stated that Mrs. Stone had testified wrong about Ms telling her that they did not know who did the whipping. Nortne Watson's 8tery. Miss Norlne Watson told a straight story of the happening on the night of April 14th and corroborated the testimony of Mrs. Purvis relative to the happenings at the house before her mother, Mrs. Mary Watson, and Mrs. Purvis were taken out by the masked men. She was positive about recogmzing Jute Broaden on account of his eyes, which were showing piainiy through eyeholes n his hood, which had been cut too large. When the masked men took the women out of the house two of them shoved her and her sister Netheiie down the street and to!d them to go home. She went to the home of Mr. John Atkin son, where she stayed unti! her moth er and father came for them. Pitiful T*!e of Pain and Wee. The most pitifu! part of the evi dence Offered daring the day waa when she next to!d of how badly her mother was' beaten and how she sat on the bed with her a!! night, expat#" ing her to die every minute, and see ing her suffer such awfu! pain. A hit of new evidence was brought to the surftce when she to!d of some men coming to her house a few nights in ter and talking to her from the outside where she couid not see them. They to!d her that they were members of the, Ku Kiux Kian and that they had come back to te!i her that they had ieamed they were mistaken about her character^and wanted to beg her par don. They aiso stated that they came from a distance, and that aha would continue to have the good will of the kian if she would not go to Mrs. Pur vis' any more. On cross examination she could not explain the coior of Brogden's eyes but toid counsel for the defense that they were different and easy to rec ognize. Recognized John Hedgpeth. Aristo Parvis, the second son of Mrs. Purvis to testify, toid a firm story of the happenings of the night; and his voice was strong despite the few breaks caused by using all .sur plus breath in making his story heard. He is oniy 13 years old but the de fense did not win a victory on cross examination of him. He made the best description of coming of the rob ed men and said his reason for re cognizing John Hedgpeth waa that his cioak "Mowed apart" up to and above his kneees so that he could get a good view of the trousers and shoes that he wore. He introduced new evi dence when he stated that he aaw P. P. Smith in the afternoon and asked a boy who was selling saive to try to sei! some to Mr. Smith. "But he didn't buy one", he added in a low tone. His testimony was concluded by telHng how he waited on old Mrs. Ratley when she complained of her heart and caiied for water and pills. He said he was not afraid of tha to Kiux. Same Size as Lawson. Netbelie Watson, 13-year-oM daughter of Mrs. Mary Watson and considered by some the best wit nesses offered since the beginning of the triai, said that there was not any difference in the size of Mike Lawson and the man that hit her on the head with a policeman's biiiy in Mrs. Pnr vis* hoose when she screamed. Her testimony was a complete corrobora tion of her sister's testimony. She contradicted the testimony of Mrs. Nobles, who had testified for the de fense that Sam Watson and Nethelie came to her house about midnight and asked her to come and help his wife, saying that Sam Watson did the talk ing. According to Netheiie, she was the one that did the taiking and her father did not say anything. A part of her testimony different from any other was that she did not recognise any of the mashed men. Lawson Ready With Answers In cross examination yesterday Mr. Stephen McIntyre asked Mike Lawson numerous and searching questions, but the witness was ready with answers. He said when he call ed Mr. Rouse the ugly names for accusing him of being a newstoter for the Ku Kiux Klan that he took off his pistoi and handed it to some one near by, but that some men step ped between them. He said what Mr. t Rouse accused him of he considered as bad as what he caiied Rouse. He was indicted for using ioud and pro fane language and paid $1 fine. When Raymon Inman made remarks ]t# him about the Ku KInx he ad t *"Ht*d aaying that any man who said ha waa a Ku Max waa a (using an opprobioaa epithet), hot did not understand, and didn't think Inman understood. that ha waa caiiing Mm that. Ha hmoaantiy protested that ha had heard and waa under tha im praaaion that it waa not against tha jaw to bat oy bail gamaa, but knaw it wan unlawful to ahoot craps or an gaga in some other forma of gaadd ing, anawaring questions about hold ing atakaa and paying over monay to Fairmont men who covered a Lumbarton man'a bet on a gama that waa forfeitsd. Ha deniad empha ticaiiy that Ma father-in-law, Mr. Jacob fray, had aw aaid any harah words to Mm orhadtoMMm that if ha did not quit following tha Mu Kiax and quit Ma maannaaa ha wouM taka Ma daughter to Ma home. AuAe^ Hmhh WMpptng Tha Andrew Smith incident, where in hooded man took charge of Smith one night just after be had been fined (Pd.75 & Recorder Floyd's court in Fairmont and took Mm out side of town and whipped Mm, was home down upon heavily, but Law son protaatad that ha did not sea tha man untii they had gotten into their cars and ware moving off. Ha taiked about it to people on the street a while, hq said, bat did not try to in vastigata and did not know how ha couid have found out about it. Ha aaid the men caught Smith after ha left the court Mem, where he had re^ mained became tha bondsman want ed to giva him a check. The tria! had been set for 7:30 and was held at that time, after dark. < KtanamaaViaited Negro * When hooded Mansmen visited Mach Tayior, nagro, at a time whan Lawson had a topped there, innocent ly, he aaid, merely to get water for the parched inaidea of Ms new ear, they acenaed Mm of being there to get somgthing to drink. He aaid Mach ran, and the hianamen acatter ed and he vamosed himself, not standing on the order hia going. He aa{d he knew nothing about a Ku King raid on Pittman Bamea down in Coingthba connty. fkMdhr TnfMoa# When question ed about Sandy Me Cwmdcit, LaWaon aaid that Sandy ?ot craay drunk one night and waa threatening to hi!! everybody at Mb (Sandy'a) home, and he took Ma gun awhy from Mm end pat Mm M Mm guard houaa. It took three men to hoM Sandy, he aaid. Did not Mu* Sandy'a gun or go to hia house with klapsmen. Had not been anmaad a# helping to ran a negro away who hag net bopn seen since or of taking Brooks tdvbsg^Meajt taMng two young man out of Mr. Rowland Bulloch's car at Jones' swamp. Dawson aaid he had not MM a fight with Jack Edmund in Lumber ton since court started last wash Edmund aaid something to Mm about trying to arrest him because he went up and down the streets of Fairmont yailing "Ashpole, Ashpole", and he called Edmund a lie, but no blows ware passed. Just before having the etagd turn son denied having been in Lumberton on the Fourth of July and denied having been in the office of hia at torneys when P. P. Smith, H. L, Taliaferro and V. W. Keith were pre sent. He was on the stand exactly one and three-quarters hours. ToM Lawson to CoHeet. Mr. H. G. Mitchell, an alderman of o the town of Fairmont at the time of the alleged flogging, testified that ho directed Lawson to collect some tan money on the night of April 14 aa the town was in need of funds. He was preparing to close the store when Lawson came back from col lecting, which was about 10 o'clock, Lawson staying there just a few mi nutes. He said that it was about 6 miles from Fairmont to ProctorviUe. He gave Lawson a good character and said that he was still employed by the town aa chief-of-police. On cross exanlTnation he said that he had allowed Lawson to remain on duty, carrying a pistol, after being held under bond, for appearance to an swer charges of the flogging. He ad mitted hearing of the time when An drew Smith was taken from the court room by masked men, but didn't in vestigate it. Denied membership in , Man and stated he was not in sym pathy with it. Mr. C. E. Graham corroborated the testimony of Lawson regarding the purchasing of underwear a boat 10 o'clock, and gave Lawson a good character. Admitted on cross exami nation that be had been accused of being a member of the Han bat said he was not, and that he wouid tail it if he was. Lawson's testimony aiso was cor roborated by M. B. McDanie! as to the officer baying a shirt from hint about 10 o'ciock. He admitted that he saw Smith taken oat at Fairmont by masked men and that he was in sympathy with some things that thd Ku El ax did, but denied membership. Mr. J R Jacobs corroborated Law son's testimony relative to seeing Lawson in Grantham drag store be tween 9:80 and 10 and ga*s Lawson (Crnttamed on No*t PagO)
The Robesonian (Lumberton, N.C.)
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July 20, 1923, edition 1
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