Newspapers / Asheville Citizen (Asheville, N.C.) / July 29, 1921, edition 1 / Page 2
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THE ASHEVILLE CITIZEN, LlIDAY MORNING, JULY 29, 1S21. TESOIIY OF STATE'S CHIEF WITNESS REPUDIATED ALLEGES PR0SECUTI01LU1 MURDER CASE Trial of Vernon Bailey on Charge of Second Degree Mur der in Connection With Slaying of Charles F. Hare and Berry Hensley Postponed Until September i by ' Judge Brown. With interest at Its highest pitch and some hundred residents of Yan cey county and scores of other inter ested spectators present in the court ' room, trial of the case against Ver non Bailey, charged with second de gree murder in connection with the killings of Berry Hensley and Charles P. Hars last Chistmas eve, was con tinued until September 14, by the presiding judge yesterday afternoon. The postponement" came after the Introduction of a long affidavit by at torneys for the prosecution in which it was stated that the state's star witness hud repudiated his testimony and that it would be unfair to force the case to trial. Regarding the al leged testimony of the witness. .1. P. Carter, Solicitor eorge M. I'ritchard said it was one of the woet cases of "perjury, subordination, a corrupt conspiracy ever attempted in the trial of a criminal case In the history of . the state of North Carolina." The contentions of the state were sustained by Presiding Judge George N. Brown, it being the allegations of the prosecution' that the affidavit showed "it would be unfair to try - the case because of the revelations in the affidavit.". It was alleged by the stater attorneys that "the chief wit ness repudiated his testimony in the solicitor's ofllce and walked away from the court house with relatives and friends of Bailey, laughing and apparently much pleased." The state ments of the solicitor were reiterated ' by the associate counsel in the case. Appearing for the defense were At- torneys Mark W. Brown. Lusk and Beach board, and Morrlmon, Adams, and Johnson. Associated In the case . with Solicitor Prltchard were Judge Frank Carter and Attdrneys Bale and Pennell. In speaking of the case yesterday Attorney Mark W. Brown said th.it .the defense was ready for trial and that he was positive that Bailey would he exonerated. He said thai Bailey had a good record and had never been in any serious trouble until the difficulty with Hare and Hensley. Bailey Is a veteran of the late war. Present with his father In the court room in a resuming attitude yesterday was the defendant, who is a man in his early twenties. It ap peared that he was not the least bit excited. Beside his father, he sat and listened intently to each attorney as statements were made to the court. Bailey . Wounded. Aceordlng to his attorneys, Bailey was shot almost through the body, the bullet entering his left side, pierc ing his liver and being removed by at tending physlciuns from- the right side. For some time Bailey lingered at tho hospital between life and death, it being the belief of physicians that he had little chance to recover. When he was well enough to leave the hos pital, his counsel appealed to Judge McElroy for bond, which was granted. He gave the required bond and since that time has resided at the home of his father. Judge Frank Carter said yesterday that when the case was placed on trial, the state would Introduce evi dence to show that just prior to the killings Hensley was at homo with hln wife and four small children and were preparing Christmas presents for the children. He continued that It was the contentions of the state that Bailey went to the house of HcnNley on Penland street armed with a re volver, expecting trouble. Court convened yesterday morning at 9:30 o'clock arid the case against Bailey was colled for trial, there be ing 25 tallSnien in court. It was then Rnnouneod by attorneys for the state that Mrs. Berry Hensley, wife of tho slain man, had failed to appear in court. The sheriff was then instruct-, ed to Rerve a raptas on Mrs. Hensley. j and court was adjourned until 3 oVIik k In the afternoon. It was learn-1 ed at the forenoon session that Mrs. ' HniiKlev infenrieH In tA nrpw n t at ihm trial and testify, but had been ln- i formed that court convened at 18 o'clock instead of 9:39. It was then announced by the at torneys for the state that they wished to read an affidavit to the court. At torneys for the defenso offered ob jections, stating that they did not wish it to be read in court. It being agree able with the solicitor, the attorneys for the defense were, allowed to re tire in the Judge's room and read the affidavit. Later it was read to the court. Hare's Affidavit Following are portions of the affi davit of Patrick E. Hare: "Patrick E. Hare, being first duly sworn, deposes and says: "That he is a brother of Charles F. Hare, whom. It is alleged by the state was feloniously slain by the defend ant, Vernon Bailey on the night of December 24. 1920. in consequence of which slaying the defendnnt is Indict ed in this cause for the murder of said Charles F. Hare, and this afh davlt Is made in furtherance of Jus tice In behalf of the state in this, cause. ! "Affiant is Informed by the solicitor1 and associate counsel for the state that the state will contend in this case that the defendant, prior to the homicide aforesaid, was involved in a series of difficulties with one Berry Hensley, who was also slain bv mild defendant on the night of December ! 24, 1920: the slaying of both the said I Charles F. Hare and the said Bony i Hensley having taken place at the home of said Hensley upon the name uti aniwii , uitti mu ueienuHiu ihin Here tofore prosecuted the said Hensley on a charge of larceny of a pistol, from him, the defendant; that the said Bail ey was charged by said Hensley with having sworn falsely upon said trill, and it was understood by the defen dant that the said charge had been reiterated by the said Hensley out of court; that tho said Bailey was there after prosecuted on a churge of illicit traffic In Intoxicating liquors, and the,' said Hensley was used as a witness for the state In the prosecution, and whs probably responsible for the same as prosecutor, and by reason of Raid oc caHoins the said Bailey cherished malice and expressed personal ill against said Hensley; upon ty) oc casion aforesaid to wit: "On the night before Christmas, j last, while pa Bailey was drinking and conaide:S- under the influence j of huuor. HiKif while entertaining to-, ward the sail Hensley's foeliis of malice aforid. the said Bailey de termined to i?i to the home of tho said Hensley withjthe purpose and inten tion, as the :4Tiant believes, of provok ing a deadlvj difficulty ith tin eald Hensley. the said Bailey being at the timo armed jih a deadly weapon a pistol; that shortly before 19 o'clock on the evenMB aforesaid, said Bailey was Joined r got in company at the waiting roosi of the Weavorville railr way line, with one J. P. Carter, and in conversation with said Carter at said waiting room and after leaving there, diseased to said Carter hto purpose of seeking the deceased, Ber ry Hensley. at his home; that aaid Carter endaavorod to dissuade him from his plrpose to do so, but never theless, suffering himself to be led by the said Bailey to the neighborhood of tho sai4 Hensley's home, and not wtihstandig the remonstrances of the said Cartar, the said Bailey went up on the potch of the home of the said deceased, 'and was pulled back from said pores and steps by the said Car ter, and after being so pulled back he again wont upon said steps and porch and was again pulled off; that thereafter he went to the home of C. F. Jarvis. nearby, still in oompany with saii Carter, and was advised by said Jarvis not to go to the home of said Hensley; lhat the said Bailey and Carter left the home of Jarvis, the said Carter the while holding to the said Baijey; that after they had passed over thj street that said Bailey clung the sal Carter away from him and ran in the direction of the home of Hensle;. and called said Hensley to"j the po'ch and entered into a deadly affray with him. in the course of which he killed both Hensley and Hare; that when the said Bailey swung l"fise from the said Carter, the said crtel' finally left him and went oft In the opposite direction; that upon inquest over the body of said Hensl'y on the following morning, the said Carter testified as a witness; that said, estlmony was written down by the c'oner with scrupulous care, and after having been read by him, was Hignet by the said Carter, and the or igins' of said testimony will be ex hlblf'd to the court with this affi davit" . ' Carter's Testimony. T stimony of Carter, which it was cha'Ked, he swore at the inquest over the body of Hensley follows, .t 'twRst night near 10 o'clock, Verne Bailey and I were together at the Cigarette It's To asted Weavervtlle waitin wanted me to go o ley s with him. Hi to see Berry and business with hln Berry had said tha sworn a lie on him "He wanted 1 me with him. I tried going, I went with of Walnut and Pei said he was goinJ I got hold of hii down the street we got to Hensley oft the steps twic down the last ti go over to see Ci "Bailey knocke Jarvis came to th minutes. Bailey to him to go to Berr started down the hold him. He sa see Hensley. I held to Bailey 'till he got to the street from me and wenk up to Berry's step. -r room. Bailey to Berry Hens id, '1 am going k over a little that he heard e. (Bailey.) had go over there keep him from m to the corner nd streets. Bailey down to Berry's. and he drug me Hensley's. after I took him down After I got him le, he saia, uei a ed Jarvis. at Jarvis' door. s door in about two d Jarvis, he wantea L's with him. Bailey steps and I tried to d he was going to ASSESS i Your Expense FUND 'We are sadly accustomed to having our income assessed and levied upon until the S residue closely resembles the vanishing point. We have fully learned what an assessment will accomplish, indeed. Why should we not profit by this knowledge? Nearly all of us can gain a lot by TAXING our expenses for a Sav- r in'gs Account at the Bank. CENTRA! BANK & TRUST Company South Pack S q u art and he slung loose Sire Beginning SM TURD A Y, AH JULY 10:30 A. ML, We will offer our entire stock of unredeemed pledges, consisting of Diamonds, Watche s, Jewelry, Silverware, Musical Instruments, Leather Goods, etc., at IPUIBLJC AUCTnOil This Sale will continue three times Daily, 10:30 a. m., 3:30 and 8 p. m., until further nckice. FMFF FMFF OOO u II u Lsssl iJssaO OOO Each and every person entering store after 10:30 a. mi. opening day, Saturday, July 3l ceive a handsome souvenir. )th. will re- LOOK EOK OUR BIG AUCTION SHfcN ' Bata"c SGKfllBBii1! Bh . Avenue tfvenue -V ... . " . I .-I I I went down the street into Hiawas-1 many. It Was stated, was made by see 1 crossed Lexington avenue, I Carter regarding the ca$e, when ex heard the shot fired. Seemed like four 1 aniirwl by Solicitor George M. Pritch or five shots. Last night Bailey told aid. In this portion .of tha affidavit, me for the first time that Hensley j It was set out. Carter swore that h.j had sworn a He on him in court." j went down the street because "he al N'ext In the affidavit, followed testi-1 (Continued on page 7) Babe Ruth's home runs dorit travel faster over the fence than I travel for a package of PostToasties , AUDITS Financial Statements Bookkeeping Systems Income Ta Service. THE WILSON AUDIT CO., Inc., Rooms 303-204-205 Dhumor Bldg. 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Asheville Citizen (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 29, 1921, edition 1
2
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