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VOL. XXXVIII. NO. 139 WITH THE TWELVE TUB JURY' NOW ll.\B BAXTER SHEM WELL’S LIFE IN ITS HANDS. WILL THEY SHY “GUILTY?" The Able Speeches of Mr. Cy. Watson, Judge Armfield and Mr. Long—Al' Three of the Highest Order—Judge Boy Liu’s Long and Exhaustive Charge—lt is the Opinion That the Jury Will Disagree and the Case YV ill Result in a Mistrial. Special to the News and Observer. Lexington, N. 0., July 13. The court room was again crowded this morning to hear Mr. (Jy Watson re sume his argument, which he left off last night at a time when the jury, peo ple and lawyers were, from appearances, almost -eompletely frazzled out. But this morning was breezy and clear, and the jury and all look much refreshed. As far as can be ascertained, for the people here are like clams in the expres sion of opinions under the tacitly tense feeling, the bulk of the average judg ment is that there will be a hung jury. From a close observation of the faces of the twelve men since the beginning of the trial, one must form some judg ment as to the posh ion of each with ref - erence to the prisoner. If I wero asked from these faces what these men would do, I should say that there will be a hung jury or a verdict of manslaughter, noth ing more, and that it will stand on first vote probably in this wise: six for con viction, three for acquittal and three doubtful, t ut this i 3 altogether specula tive and there are others who, no doubt, would estimate the jury in an entirely ■different way. The names of the jury are as fol j lows: John T. Nooe, (the man who was takeDS ick), J. M. Prim, (the Quaker), W. F. Guyer, Will Fry, J. O Cross, E. S. Varner, R. S. Swicegood, j Jacob L Sboaf, J. H. Swing, Solomon : Long, W. T. Lawrence, George E. Sur i ratt. To these twelve men the case will j be given at about eleven o’clock to night, j No mention was made personally of any of them when they were examined by the lawyers, for the reason that it was desired that only the happenings in the trial should be put before the public, irrespective of those who w ere to sit in judgment. The Men on the Jury. Running over the examination of these j jurors: W. E. Lawrence was passed by j tbe State and accepted by the defence. I George E. Surratt. Long asked him, “Any kin to him (Shornwell) ?” “No, i not that I know of.” “Formed or ox pressed an opinion!” “No,” “O ■ — ed ■ to capital punishment.” The j-ryman | was silent. “Have you conscientious samples against capital punishment ? - “Yes - ’ Mr. Rabbins, “If the evidence said he was guilty would you convict j him?” “Yes.” Judge, “Have you any; oorscieulicu * scruples against capital j punishment f ’ “No.” Long repeated the question as to capital punishment in another way, asking, “Ought a man to be put to death if he killed another man?” i The juryman replied affirmatively. Third juryman, Solomon Long. Mr. Long (for the State), “Have you heard this case discussed?” Juror, “Very little.” Long, “Formed or expressed an opinion?” Juror, “Heard so little 1 couldn't.” Long, “Have you no con scientious scruples against capital pun ishment?” Juror, “I don’t understand that.” Long, “Pass him.” Robbins, “Tender him.” Fourth juryman, Jno. T. Nooe. Formed and exprereed no opinion and was a free holder. Fifth juror, State passed him, tender ed and accepted by the defence, and affirmed instead of swearing Sixth juror, W. F. Guyer. State passed him, defence challenged for cause; had formed no opinion; tendered and aceep : ted. Seventh juror, Will Fry. State, “pass him;” defence, “tender him;” accepted. Eighth juror, J. C. Cross. State passed him; defence, “tender him,” and accepted. Ninth juror, E. 8. Varner. “Have not formed or expressed opinion that de fendant is not guilty.” Tendered to de fence and accepted. Tenth juror, J. H. SwiDg. State passed him, tendered to defence and ac cepted. Eleventh juror, Jacob,L. Shoaf. State challenged for cause. In answer to Robbins, said be bad not expressed opin ion that the prisoner was guilty; had heard very little talk. Tendered to de fence and accepted, * Twelfth juror, R S. Swicegood. Passed by the State and accepted. Three jurymen look twenty-three years old, three lock forty, three look fifty five, three bok thirty five. Judge Delivered His ( barge Last Sight The Judge will finish his instructions probably not before eleven o’clock to night. He is dow delivering them. He is pressing the case through to night be cause he is due on Monday at Greens boro at the special three weeks’ term of the court there. If the jury fails to come in by Monday morning, the Judge will take the first train to Greensboro after they do make their return. •Mr. Cy. Watson’s Ureal Speech. Mr. Watson in resuming his speech made all feel the magnetism that seems to be peculiar to the man. His defense dived into every nook and corner of heart and mind. Mr. Watson has * talent for finding open places and putting the point of the rapier there. His close may justly be termed thrilling. It was fell by eveiy one in tbe room, as he touched upon the loyalty and love of Shemwell’s wife, who seems to have the deep sympathy of all. She sat with her face Hooded with bitter tears and seemed almost convulsed as Mr. Watson, stirred to his depths, arm uplifted, voice up raised in a plea for mercy, whose passion forced its way, poiuted to the wretched woman, telling Low in the midst of dark ness, she had been as the fixed star, and how when the stronger testimony of the State came first rolling ip, waye after The News and Observe. TQOOI [L&tRKSEST ©[IMQfIILATnKiDM] GDIF ¥ IRfIOtSTTEH] ©AMLOMAQDADOTn wave, she faltered not nor fainted, but I her voice was heard above it all, “Cour age, counsel, courage! courage!” Mr. I Watson had made the atmosphere tor; this exe'amation and its force was ir resistable for the moment,, and little Dermott leaned his head upon his father and sobbed as if his heart would break, Shemwell tbe while wiping away the tears from the eyes. Said Mr. Watson in opening: “1 had hoped to come before you this j morning rested, but I find myself more worn and weary than I was last evenirg. My i s art and head were hot and ie*iles-s and I could not sleep. The great* st du y is upon those who are to save human souls, the next rests upon those who plead for human life Oh ! Oh !I*ok at him there, quiet, cool and surrounded by his wife and children, and the fact comes to me that lam to labor with twelve men for his life. If the light goes out, who is to relight it for that wife and children ? Oh, it is a heavy bm den on mind and body and heart. lam unequal to the task I thank God that he is not to be tried on the false rumors that went out after this homicide. The good people of Davidson who sit here and hear this evi dence will welcome Baxter Shemwell back to their midst. They know the truth uow.” Then he laid down the law of murder: first degree, second degree and manslaughter; then the fourth verdict, justifiable homicide, in which the man draws and de fends him-elf. “When a reasonable man thinks he is in danger of his life or great bodi y hr-rm, then his duty is to exercise this God given right of self defence. The State of f ortb Carolina is here represented by the Solicitor, this prosecutor is represented by those other able counsel. They are old prosecutors, and have become hardened, like the keeper of the guillotine in France, who whistled as the knife fi ll that beheaded the victims of fanaticism: This is hu mui nature. I, for four years, fought on the battle-field of my country, and while 1 hope I never took human life, I know I have walked amoi.g do .d men, that would to-day horrify me, unmind ful of the holocaust tha- sir-rounded me.” Ho read an opinion of the Su preme Court, delivered by Bynum, on the rights of self-defence. “lam sur prised at Coi. Boyd for talking of Mr. Linney as reading from the ‘oUl book.’ There is no studious lawyer of the criminal law who has not read Sel fridge’s case, and yet Col. Boyd called it an old book. Baxter Shemwell knows whether Lee Payne drew hi» pistol first, aud swears that he did. L.*e Payne knows whether Baxter Shemwell drew i his pistol first, and he swears that he i did. They say Baxter Shemwell is swear ' ing to save his life. I tell you Dr. Payne is swearing to take his life. I will now give you rapidly the position of the State. Not so strong as they will put it, but as strong as they have any right to put it. Lee Payne says he carried a pistol i for three weeks because Shemwell had threatened him. When did Shemwell do it ? To Dr. Thames when he said ‘if | Dr. Payneinteiferes with my business I ; will make it hot for him? I have ' bought the Lexington Drug Company ! aud if he wants to start competition, | then in that competition I will make it hot for him. That was a business talk : Is there any threat in that to make a man arm himself aud when he meets i Baxter Shemwell put his hand on bis pistol. That is the only threat we have heard of. Then be talks of the asser | tion that Mrs. Adderton says he made at. her gate when he had the p in that | * I will kill them both before light.’ Did they corrotxrrate that by the other witnesses that were dvere ? Not one, and we have disputed it by numerous disin : terested witnesses ” He then came to the declaration that Lee Payne says he made in tbe drug store,aud tells what the disin terested witnesses say, and then, “There j goes that threat. They say you must hang him because he did not give up his weapons, and went down the street armed. Did not Dr. Payne do the same thing? They-sav hang him, because he ! went down the o reel toward bis home. ! Dr. Payne did the same thing, and did not go off to someone’s house and stay, for fear that he w< uld meet Baxter Shemwell. Yet he knew Shemwell lived down that street. They say hang him, ; Ixetuse he came up town and got a shot gun. He was unarmed, and his clerk came and toki him that the Doctors Payne had said they would lay for him aud | kill him before night, and he gets a gun, affirming that he wants it for pro teetion. They say he is a desperado and jet they are unable to show that be had had a difficulty in three years. He never used a deadly weapon but once, and then when a fight was precipitated on the streets of Lexington between uncle j aud nephew in an old family feud that had come to him as a legacy from his dead fathi r. That uncle left him almost dead on the battle field. Did heeverre new that fight ? Never. Did tie want to fight ? Did he want to avenge that iu suit ? That morning when he teas armed j with the deadliest weapon, a Winchester riff ?, and he did what the laws of North Carolina never require amautodo, went a round about way to reach his own 1 house He was heavily armed when he i came back, yet he came as he went and in the presence of the town he went from : his path to dodge the Paynes GDoes that look like a desperado ? He talks of the j declaration at the trial. I wish I had got the other eye."Jtfiohael, the willing witness, swere ihatjst>.nd while but ! other witnesses su masoned who were j light there, they never examined them Wyy ? They could not corroborate him Then he took up aud told in a dramatic way the story of Dr. Lee Payne and of - Baxter Shemwell. He talked of the great length of time it took the Paynes to get | home. They know how loug it was, but they dare not put witnesses on tbe stand to show it. When Shemwell went to the drug store, his first question was to ask for the good wife. He took the little son and as he went down the street fondled him. Does a man who has murder in his heart act that way ? I say to you, gentlemen, never! When the good wife asks him where he is going he does not want her to come and say to him again to day, ‘The Paynes may kill you, they have tried; I am here to staud between you and danger, if they kill you they RALEIGH. N. C., SUNDAY, JULY 14, 1895. I must k’l me first ?’ She in her love so ! him h:-«i - • u with him all that morning ! and w ith wo ry and fear was exhausted, j He wanted to take her from all the trouble and was going h<: - > prepare for that peaceful journey. DA he have the right to do that ? I will - ’ gentlemen, that the story as ‘ Baxter Shemwell is not only c* r rated by the witnesses for the detenw* but by the State’s witnesses.” Then he goes into an exhaustive and j shrewd analysis of all the evidence, and shows up all the points in which the State's witnesses disputed each other His argument along this line was very fine and fully upheld the reputation lie has made as a most astute lawyer, as good in handling evidence before the jury as he is in drawing it from wit nesses on his cross examinations. He showed by striking example how the drawiug of the pistols was done; how Dr. Lee Payne could have drawn his pistol in the wink of an eye. His acting of the scene was fine and had effect on the jury. He took up the evidence of old man Crotts and David Crotts, and showed that their stories but stood for the defence. That Shemwell was walk ing quietly down the street, says “Good moruing, Mr. Crotts,” and all of a sud den he springs to one side and reaches for a pistol. (He, with dramatic effect, made this spring of the defendant.) “Does not that act show that there was danger there; that he had seen the fork ed tongue and heard the deadly warning rattle. I asked old man Crotts and David Crotts and they were the near wit nesses there, in six feet, and they say Shemwell had no pistols till he had got even with the old Doctor. ‘Did you see Lee Payne when Shemwell drew his pis tols ?’ ‘No I did not, I was looking at Shemwell when he made this spring.’ They did not have time to look for the danger from which he sprung.” He took up witness Teague and said he was a man who was on the alert. He had dodged officers and he keeps a sharp lookout. He did once, and when he saw the officer coming he jumped and went across a ten acre field at a Charley Burgess rate of speed, like a scared rabbit. He talked of Lisk’s story, and said he was not only guilty of perjury, but deliberate perjury, and on honest jury would con vict him. Mr. Watson then took up the pistols, and with them to illustrate, argued with \ strong effeet. He characterised the pistol had by Payne as the deadly double Derringer that is used by thugs to kill their victims without letting them be seen, to shoot from their pockets a 40 calibre that shoots a forced ball “I was weak when I commenced, but I am strong now,” said the speaker. “If it would do any good 1 would stand here and talk till to morrow morning to restore to that good woman her husband, but I can't. I would talk till I could not stand, and then with my colleagues holding me up, I should still j talk. I have not told you the half of it. 1 will tell you now more than everything else that I have said. It came out from Dr. Payne on the second cross examine lion. He kept, it through the first direct aDd second direct and tbe first cross ex amination. He kept it well, but it came out. When he was there iu that office j and his father was at that gate talking in loud tones to ShemwelL, he got up and looked out and saw that the moment bad I not come. He closed it and stood back aud waited. When he heard the shot 1 and went out. he saw Shemwell in the i hands of the large man, Redwino I Why did not tie go and stop the father, and say to him, ! ‘You are a messenger of peace, put up this weapon of war.’ But, no; there is ' the man that has set up a rival drug store, that has brought another doctor into this town, there is one in his way; he aims and the mau, to save himself, jumps away, aud then they open ou Shemwell.” Then, with a peroration th *t was beau tiful, effective and touching, closed a speech that was well deliva red and well received. Judge Armfield’* Fine Effort. Judge Armfield arose, at 11:26, aud asked permission to sit, to which the Judge replied, “Certainly.” Judge Armfield opened with a com pliment to his associates saying that, like great reap rs, they hail harvested the field, and that oniy the gleanings were left for him; though many reapers had put iu their sickles, yet the harvest was so great that the straggling search of a rambling gleaner might be rewarded with a sheaf. The Judge had not sat down yet, and scouted the idea that mercy belonged to xhe chief executive aloue, but urged very eloquently and with classical reference that mercy and jus tice would not be put asunder. Refer ring to what be called the zeal with which the prisoaer had been prosecuted, Judge Armfiald said, concerning young Dr. Payne, that he had spent sleepless nights following the prisoner, had threatened to prosecute for perjury all witnesses who testified falsely, and here Judge Armfield asked what did Dr. Payne mean by “falsely.” Moreover he said Dr. Payne had organized a medical trust in the county and referred to the de linquent black list of which mention was made in the testimony. He spoke se verely of Dr. Payne’s refusal to attend liar key, and said it was because Harkey had not paid bis last bill The judge «hcke of the fallibility of the senses, even dwelling upon accent, wnieh he il iastrat* dto the jury by taking the sen retc*-: “Do you ride to town to day ? ” and emphasiug each word seriatim, tell iug them the difference of meaning in each sentence “The great fact iu this case on which all turns,” continued the speaker, “is whether I)r. Lee Payne drew hs pistol before the prisoner drew his," aud to this proposition Judge Armfield not yet hav ing taken his seat, now addressed him self. Judge Armfield said that Shemwell had every reason to believe that Payne would attack him, and cited the evidence on this point, saying as to the barber shop affair that Payne had his hand on his pistol in his pocket. He said that the first instiuct of human nature would have been for young Dr. Payne to have drawn his pis tol as soon as old man Crotts exc 1 aimed “Shemwell’s upon you.” And here the judge referred to the hatred Payne had for Shemwell. He contended that this was what happened, and followed Shem well’s story, saying that all the circum stances among them and Dermott’s ex clamation stamped it as true He took up little Crotts, to whom Mr. Boyd so touchingly referred, and contrasted him vith little Dermott, saying that Crot; shad first been let off the stand by the State becaue he was mentally incom petent, that he had been recalled ten minute* later and, behold he was com petent. The speaker said the man who taught him to be competent in that little time ought to be made superintendent es public schools. At this mention, Juror Prim, the Quaker, could not restrain joining in tbe smile which went over the room as he he put his fan up to his face. This was the first change of feature, with the ex ception of tears, that has yet marked the face of any jurymaD, as far as I have ; seen. The speaker urged the jury im pressively to weigh tbee'i ience carefully and said that while they were out eon sidering the case those little children (pointing to Mrs. Shemwell, who sat weeping with her little on* *) will he j bending upon the knee of that mother saying, “Heavenly Father, send papa home.” Then he exclaimed, “The only thing that has escaped contamination since the fall of Adam have beenlholove of woman and the love of child.” The judge had already spoken until ten minutes to one, not yet having tak.->n his seat in the handsome largo leather chair which had been placal m front of the jury just before he arose. “As we expect to obtain mercy,” ho concluded, “let us be me ctiul; let jus tice and fact be cemented with mercy. If this spirit marks your deliberations, you will bring a message of joy to a happy home." He stopped speaking at one. The judge had come up to his great measuie, and there were many who said that his speech had gotten closer to the jury than any other. Long’s Trenchant Aignment. Mr. Long began speaking at 2 o'clock, ; just after dinner. Mr. Ltnney said ini his speech that Mr. Long was so cold I that if he swallowed fire it would not | scorch him. Whatever else be true, Mr. Long lays down the law coldly, clean cut and made a trenchant argument, un compromising and without ornamenta tion, but sometimes with terrible em ‘ phasis aud often with passion, but with j passion he got seemingly from what be contended was a frightful crime against j the laws of North Carolina. There; seemed to be a thousand people packed m the court when Mr. Long closed bis powerful argument at 5 o’clock, several hundred of whom were women. Then Judge Bo>kin began delivering his charge Mr. Lmg congratulated the jury on the nearing of the end of their labors. “I shall be fair to every one, and panic- j ularly to the defendant. I have no j apology to offer for being here assisting the State. We are here properly axqj legally and offer no apologies. They are here, gentlemen, to appear for the lifet ‘ one mau We are here, gentlemen, toaT? ; pear for the lives of all. They have talked of a great many things outside of the case aDd that mako it my duty to talk of these things to you” He then' spoke of what the counsel have said of Dr. Lee Payne and tells them that it; has nothing to do with the ! case. “If -a party has a weak I •ease, he always accuses the other side of rascality iu getting evi dence If you believe the evidence produced here by the Stale, Shemwell murdered Dr. Payne in a cowardly manner and is guilty of murder in the first degree. I that be so, gentlemen, do you blame that only son for takiug ! this matter up ? Are we to assassinate bis character because he wishes to see j 1 the death of his father investigated and ! his slayer brought to justice. He talks i of the Harkey matter and tells the story ! as toki by Boyd yesterday. Says that it is necessary for the protection of all pro ; sessions to have iules. When he went, | o see young Harkey he knew that it was no time for an operation. He protn | ises to get the necessary help and per ! form the operation at the proper \ time. The mother prefers Dr. Buchanan | and he tells her that on account of rules j that he is not responsible for, he cannot j in honor practice with Dr. Buchanan, j They send aud get another in the great j eat plenty of time because the patient is j now we!) Did they show once that the | character of the deceased was one of vio j lenee * Did they do it ? They might I have done so, the door was open and here was all Davidson county that knew him. Tuey might have attacked the character of Dr. Payue, Jr., but did they do it? Dr. Payue was a peaceable man who carried no weapons until he was threatened by this man that ten of your citizms said was a man with a bad character for violence. There were three threats against Dr Payne, two by word of mouth and the other when the Saturday night before the killing of Dr. Payne, he held this weapon in his face for five minutes iu the barber shop. They say at the gate Dr. Payne should have gone aud helped Redwine hold Shemwell. Good God, gen'lemen, ask a man to take hold of a ; mad dog, but not of an armed man who is tryir g to kill his father. After this, what were the Paynes doing after the fight there at the gate. Th<-y were there in their offi e bindii g up the wound that Shemwell had made. Where was he? Up town procuring weapons, making threats aud resisting the protestations of wife aud friends to peace.” Tnen, taking up the story of the de fendant, he go* s into a thorough analysis of it and shows wherein it is weak. He does this well and we can see doubtful looks on faces that have hitherto beeu certain. Next he takes up tl e evidence of each one of the witnesses for the cte fence, and goes into the same searching analysis and the cause of tho State is put forward in every way calculated to convince them of the prisoner’s guilt Repeatedly he calls attention to the noti 8 of the evidence that will be read by the court, and calls attention to what will be charged by the oourt. Then I he argues the law of murder in the sec ond degree. “They say, temper yourj verdict with mercy, and let the defen I dant go. Your duty is to give your ver j diet as justice dictates. You did not; swear to render your verdict according to your ideas of mercy, but according to the evidence in the case. If you had no evidence but that of Shemwell and bis little boy and Dr. Payne and his wife you would, under your oaths, have to convict of murder in the second de gree.” Then, taking up each of the witnesses for the defence by nam* 3 , be goes in to their evidence and shows how strong it is. “Thirty witnesses, gentlemen, swear to a state of facts that makes this defen dant guilty of murder in the first degree. Throw out any three or four of them, if you want to, but what are you going to do with the rest of them ?” Then he draws a very pathetic picture of the death scene, closing with the dying words of Dr. Payne, “Lord, Jesus, re ceive my soul.” “While this solemn in vocation was on his lips what voice grates on the ear, what is this we hear ? It is the voice of his slayer, saying to the friends who are taking him from the bloody scene, ‘Let me go, I want to kill both of them.’ The law says that wo know the feelings in a man’s heart by the words that come from his lips. Don’t these words show the murder that was in his heart They talk of bow long it takes to cool off. Had this defendant gotten cool ?” Here Mr. Long for quite a while again argues the position of murder in the sec ond degree. Now he comes to the acts just pre ceding the trial by the defendant. He says that the key to the whole intent was when Shemwell put those pistols in his own drawer at the drugstore, and haves word that they are not to be di-turbed with his clerk, Willie Hamner. Now be goes to the time of the homi- ■ cide and, taktog the evidence of each State's witness, he shows why they are true when combined with the circum stances. Mr. Long then laid down the law iu - cases of murder, which in some eases was identical in language with the instructions of the judge. He had spoken three hours and this effort at ODce would stamp him as'a great lawyerjin the strict meaning of those words. Judge Boykin’s Charg**. The reading of the testimony by Judge Boykin, and his charge followed Mr. Long’s speech. The murder law of 1893 has been construed only once, namely iu the Fuller case, and this, Judge Boykin's charge, will interest the whole legal fra ternity. Having consumed nearly four hours reading the testimony, the Judge read his charge, covering over fifty closely written pages. He read it with 1 o easional comment*. “Under the law-,” said the Judge, “as it existed before the act of 1893. when it | appeared that one person had killed an- ; other with a deadly weapon, it was pre ' sumed to bo murder. The burden was imposed on the slayer to establish ex planatory <*r mitigating circumstances which would eit her excuse the homicide or reduce tbe cffeDce to manslaughter. This rule does not prevail in the State at this time. The General Assembly of 1893 established two degrees of murd* r. Then the Judge stated the law and ?aid that the jury might, therefoie, convict the defendant either of murder. in the first degree, second degree, ra-m j slaughter, or may acquit entirely. The i judge defined each one of these crimes, sayiDg that if the defendant armed him self with pistols with the purpose of fol lowing the deceased and entering into a difficulty with him, and did follow him j and assail him with the pistol and death i resulted, he would be guilty of murder in the first degree. He also would be j guilty of murder in the firs’ degree if he | formed the design of killing the de ceased, in case he should have a difficulty j with him, and if thereafter he followed 1 the deceased tor the purpose of: provoking a difficulty and a dis ficulty ensued, and the Ihlling ensued in pursuance of such design. If there be no other testimony to prove de sign than the assault with the pistol, it would not justify a verdict of murder in the first degree. If the killing w*B not wilful, deliberate and premeditated, un explained, if the defendant perpetrated it, it is murder in the s* cond degree. The defendant must here bear the burden of proof by testimony that he is not guilty of murder in the second degree. The law presumes malice when one porson kills another with a deadly weapon. If the defendant slew the deceased with the pis tol, without premeditation, he is guilty of murder in the second degree, un less he satisfies the jury that the offense is manslaughter, or that he acted iu self defense. If it shall be es tablished by the testimony that the prisoner and the deceased entered into a fight willingly, and if the deceased was not armed and the prisoner knew he was not armed or had good reason to believe that he was not armed, and if the pris oner was armed with a pistol aud killed the deceased, he would be guilty of mur der in the second degree. If he is not guilty of murder in the first or second degree, he is required to prove that he is not guilty of manslaughter. If the kilkng occurred under a sud den fit of anger, though Dr. Lee Payne did not have a pistol, it is but manslaughter. If he attempted to pass the Paynes with no intention of attacking, and the deceased, alarmed by the outcry of Crotts, suddenly seized the prisoner who, aroused by passion, killed his assailant, L)r. Payne, it would he mai s’aughter. If the defendant be lieved that the deceased intended at some time to kill him, if at the time the defendant shot aud such shooting caused the death of the deceased Payne if the deceased was not attempting to kill him, and was not in apparent situation to execute the desigu so that the prisoner was not induced to fear at that vuy time that it was the intention to slay him or seriously injure him, he would be guilty of a violation of law of murder in tho first dogrep; if there was settled purpose after pre medration, of murder in the second de | gretqif he killed with m dice aforethought I without delberation, rs manslaughter, if in the absence of the above named | elera-mts* he should be acquitted; if the 1 jury believed tho story told by the pris- uer he would not be guilty. The jury j must dt eidede the reasonableness of any apprehension the defendant may have had at the time of shooting and must; consider whether threats from the Paynes had been communicated to him. After laying down these general prin ciples, a running summary only of which , lias been given, the judge reviewed the : evidence minutely, accurately, ably and elaborately, saying at the close: “These are tho contentions of the State aud the defendant. Where is the truth? How, shall the jury discover it ? Study care fully, analyize all the evidence.” Shemwell’s face wore an anxious look of sadness and whiteness, and his wife, j almost prostrated, had her head closo to his breast. No word is expected from the jury be fore to-morrow at the earliest. W. E. Christian. Two Thing* Taught by the Trial. Statesville Landmark. Two things have been made very evi j dent by the evidence iu the Shemwell frial. One is that Lexington has a police force only in name. According to the testimony of the chief of police he al lowed Shemwell to do pretty much as he plea°ed on the morning of the murder. Had the officer done his full duty the murdir might, have been prevented. The second is that 11-year old Dermott Shemwell is a second J*;hn L Sullivan if he handled Dr. Payne the way he and his father claim he did HUNTING FOR MILL!KEN. Milliken’s Family '■ ry to Hush the Matter Up, but Judge I'hlllips Says He Shall be Punished. -pedalCor. of the News and Observer. Washington, D. C., July 13. Tho authorities are making every ef fort to catck B H. Milliken, who enter 'd Judge Phillips’ house on the night of rhe 4th. When he was carried to police headquarters he told the authorities that he was drunk and stumbled in through mis'ake. He was then released on his own bond. He then made good his es cape, and has not been beard from since. Miss Phillips is still very low. The Milliken family are trytog to hush the matter up with money, but Judge Phillips says he shall be punished to the fullest extent of the law. * * * Mrs. Mattie E. Bes’, of Cherokee, who has been visiting her sister, leaves Mon day for Mountain Lake, N. Y. 3F * * Hon. F. A Woodard returned to night to Wilson. * * * To day’s Post says thit Millikan, who attempted to Phillips “was crazed with liquor and was irresponsible for his acts ” It seems that when arrested on the night of the 4th, on the charge o* nurglary, Mr Milliken was released by direction of the Assist ant Prosecuting Attorney. T- e Post says “When Mr. Phillips.learned that Milli ken had been releast d he was intensely surprised. While naturally disposed to shun tho unpleasant notoriety which would onsite be thought, that the protec tion of other homes and other to mi Ik., demanded tbnt tho law should take its course in the matter.” * * * Fourth Assistant Postmaster General Maxwell is bragging of his record as a headsman. He claims to have beaten Clarkson's record of changes in fourth class offices by 3,000 and Stevenson’s by 10,000. DR. HUME’S LECTURE. V Delighttitl Evening YVUh the Kuight* ol the Kon«t! Table. Special to the News an 1 Observer. Chapel Hill, N. 0.. July 12. Last < vening the members of the Sum mer school er joyed a rare literary enter taiumeot by Dr. Hume, whose subject was “The Arthurian L gend.” To one interested iu the, education of children of our State it is gratifying to note the eagerness with the teachers now assem bled at Chapel Hill embrace every op liortuuity for culture offered them. Gerrard Hall last evening was filled with an audienc* 1 whose intelligent appear ance. and appreciative, unfailing interest for nearly an hour and a half would be fl itteriug to any speaker. Dr Hume began wi:h the sources of the legend, wbteh comes originally from Wales or Brittany. At any rate it is Celtic in its orgin, and the historical Arthur was a king of Britain, who fought against the Saxon invaders. -Th*se Saxons afterwards adopted Aithur as the hero of their own sagas. He was ideal’z-d, and tho Rouud Table was made to repres nt the perfect society, and the search for the Holy Grail, the striving for a lofty spirit ideal. The growth of this epic of Arthur, for as Dr. Hume showed, it is the English national epic, was traced down to its present beautiful form iu tbe Idyls of the Ktog by Tennyson. The grand scheme of poems constituting cur r.oble epic did not spring into being all at once, in Ten nyson’s brain. He was more than twenty years developing it. The ftest one writ ten was the one now last of the series, “The Passing of Arthur.” Twenty years before the Holy Grail was written, Ten nyson foreshadowed it in the short poem “Sir Galahad.” Ml ItllEKEI) OVER A FISH-I.INF. Gabriel Thompson Kill* Hi* Wife Sud denly Altera Trivial Dispute. Special t»the News and Observer. Washington, N. O . July 13 News reached this phoYate this alter noon of a terrible murder at Stonewall, Pamlico county, yesterday afternoon. Gabriel Thomas, colored, and h s wife wetecut thhiig in Bay Kiver, about three miles from Stonewall. They became involved in a dispute over the fishing liues. Without a moment’s warding Thomas stru k his wife with a piece of scantling, killing her instantly. l‘o cover his crime he then threw the body in the river. Thomas w;is apprehended at Stone wall last night and lodged in the county jail. I'he body of his wife had not been found when the news reached here. The citizeuscf the county are greatly aroused. PRICE FI VE CE PARAMOUR & HUSBAND Horn HI I p .-vs A ' SHE ms SHOT PROS »»BUSH. R. I .1* nnyKills || \V ile \\ bile She and Heg|Adm*rer ar# Itidli'g Together in «'• Upea Carl- Will WilkiaMin, ol Asheville ihe Other Man In the CH*e-*lle Left Hie Ib'dv o( the Woman Itehltul, and 1 I. ,1 (or !! I- Homo. k- N* w slut Ashf.villi, N. 0„ July 18. 1 Iu- v. reiver's inquest ovwlm body of -J* nnyss who was killed Ifowi * nr Min j I y. ug "! u ill Wilkins* u, who was‘wfeh ike ' •s> man wln n she was shoKHp-.8. |w| d y Habeas corpus pr<teeodiiiMßwilwwp| i U* -.imtitnted in. U half of Wilkinson,, ppfrjk Canton, Wilkinson *fc Co., AsheviH II to Mrs. >* V fl J isl day, and next morning wenlH ' JSB nyss encaged for the . ML Svy -pip JhBH fl o’clock m il IBBBM ■ ■ fl heading them on a one took fl L‘‘.'rt V fl t|| C.i* La* : MOlHflflfl • iin, nl^flflH ■uuty o coach XHg .’ * Bryson * n: until remoVHEntj|^^fl phy jail. . ■' rt he ugrt after upon the . ; Public sentimynL i: . : m-promi^Bfllll • ti ur tms .11 the cot^flU here. ’’ Ml I YI '' ItDtrflffi At Cmcimia’n flflfll i 'un ii ua'i ua A 11 oji9Kte&! ki-Mntiui, lull 0 0 0 v "‘ ■ i .-iniphy;Mflm V .‘.l ;m ! McGn.-e ‘ ’ ■.■ln m- oflJr ’ S-s \ : r i u 1 nfl i A-jg ’ All J - ffijgmiPWe At Si L *ll is jjfl U|p i."in-. ii n i) 0 i fIHSfISS II 0 2 1 Hfl ; k soilfyafl| !, v 1' *;* lor and < lenient*. Kise hits *- St. Louis, phia, Errors: St. Louis, 2; Philadelphia, 2S At Chicago: Chicago, 1 0 2 0 0 0 1 0 0-4 Baltimore, 500200010 8 Batteries: Terry and Donohue: Ilef fer anil Robinson. Base hits: Chicago, 10; Baltimore, 14. Errors: Chicago, 4; Baltimore, 3, At Pittsburg: Pittsburg, 0 0 0 0 0 0 1 0 0-1 Brooklyn, 00300010 0-4 Batieries: Hawley and Merritt; Hum bert and Grim Base hits: Pittsburg, 6; Bwtf klyr. ?, Error : Pittsburg, 1; Brooklyn, t Aggressive Compaigu in Kentucky. Louisville, Ky., July 13.-As a re sult of the conference held yesterday, between the State Central Committee, the Democratic nominees for State offi ces and prominent Democrats from all parts of the State, a strong Democratic campaign committee was organiz’d by 1 tie state ' * utral Committee, last night. he campaign will be an aggressive one. D will be fought out .Mjuarely on ! < platform laid down by tho Democratic State Convention. There was no e* 11 agi ment for the sugg-suon to keep tlx currency question out o£ tha cam paign Soul d money men spoke re«>- liucly against any attempt to put a false construct;* n on the money plank Ux I Jai i< ; m >, ,|;. * * kLur^gAdfl%!'i * u ’ 1 ,■ 1 11; 1 ■ 'a. ■ ••! ■ v<. ti u ‘jfJfgjK
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 14, 1895, edition 1
1
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