i . ' I 5 VOL V LINCOLNTON, N. C, FRIDAY, NOV 13, 1891, NO. 28 ill PI16 j, 7 Professional Cards. PHYSICIAN AND SURGEON, Offeis'hls professional serviceto '.he citizens of Lincolnton and surronnv ding country. Office at his reaN dence adjoining Lincolnton Hotel. All calls promptly attended to. Aug. 7, 1891 lv ' JT.W.SAIN.M.JD, Has located at Lincoluton and of- lira his services as physician to the c&tizensof Lincolnton and surround- g country. Will be round at night at the res Kiience ox u.o. wood March 27, 1891 ly ; ' '- BAjRTLETT BHIFF, ATTORNEY AT LAW, LINCOLNTON, N. C. Jan. 0, 1691. ly- Finley & Wetmore, ATTYS. AT LAW, LINCOLNTON, N. C. Will-practice in Lincoln and surrounding counties. All business put into our bunds will be promptly atten ded to. April 18, lb'JO. ly. .:. I. lit . SURGEON DENTIST. OFFICE IN COBB BUILDING, MAIN ST., LINCOLNTON, N. C July 11, 1890. ly Imttttol!? ill . : IJ 1 . ... . l l DENTIb 1 . LINCOLNTON, N. C. Cocaine used for painless ex tracting teeth. 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MOTZ CASE, EVIDENCE CON TINUED. (Continued from last issue.) Bid not feel movement of child beore came back frorp Fayetteville. Can't tell juat when felt first move ment of child. 1 It would be first positive evidence. I don't know where and when it was. I can't tell it was at Fayetteville, I don't know what time in February I came home, I think it was after 14th because ol Valentine night, I think meeting at Mt. Holly waa in November. Mr. Osborne was on train when I went to meeting at Mt. Holly, Don't know juat wnen I knew this wrong had been done. I felt troubled about my eptritual condition. I Vent" to Mt. Holly on Saturday Htayed over Sunday and came back on Monday. Bob got medicine while was on street. I waa to linger iiloog he went to drug store go' medicine. I told him I did not think all was right. I think Bob knew it was Dot right or he would riot have asked me. I told him it had gone over the time and be said to make sore it was all right he would get medicine. I did not think about result of going from home. I did r ot know what to do. In those notes I did urge him to marry me. I talked to frm at 'store he jumped in store and said he did't want to be t he laughing stock of town. After t 'ais 1 destroyed all my notes. When yon left horns that morning of June 11th did you not feel the pangs of 1 ibor ? I did not. I meant to go to Washington, D. C. that morning. Hugging lives on Ramsaur place. I walked around over there to pass way the time. I gave birth to child I don'c know how far from Ben Johnston's. I know it was born alive. I remember of hearing it cry. I saw a man. I think I said "uncle go quick and tell John to come." I remember I said John go get doc tor and nurse. I first got it into my bead tnat isoo - was tnere, x was looking at child. ' It looked like Bcb. Thought . Bob was with me. Child lived to some time in day. Time that Bob and I went in drug store got medicine to make me rest was 27. 28, or 29, o'fOct. I can't confiue myself to dates. Went down on train with Mr. Osborne. Did not engage in meeting as had before, J think I did, go to some people When I went to Mt, Holly I asked Mr. Osborne if he was Christian and talked with htm -soue on that line. 1 had heard tbat 'Bob was engaged to another lady. I did not know it. I saw him with this other lady and with other ladies. First time of iU licit intercourse, I think was in par lor. I would not have to hesitate if I had time to think of it. But you know I have 'hi d so much misery, I think it was in the sitting room. I can't tell when it was. As I said I think it was in the spring of "JO or in summer. I never not in the least way allowed any other gentleman to take liberties with me. Did not tell John Motz (my cousin) that I loved another man, a certain mar ried man, better that Bob Michal. I always thought John Motz to be truthful. Who paid your hotel bill at Mt Holly ? I went up stairs to get my purse. I found my money all gone but a few silver qaarters. Mrs.: Fife then proposed to pay it and I said if she would I would re turn it as soon as I got home. I told John all about this substan tially ail I have testified to. John d:d not tbreated me if I did not tell. I had reasons for not telling it be cause I feared something dreadfully wDuld happen. I might be dragged to court or something. First time I to id who the man was, was on 26th of June. I told John a lev das before. Don't know what John did. H) was waiting on me at the time. EE-DIEECT-EIAMIKATION. It was before I went to MtJ Holly meeting that this thiog occurred be;ween me and Bob .Michair rrl say 1 threw bottle away.J" I fonnd it again in grass, alter a boy mowed away. DB. LAWING. 1 have lived in Lincolnton since 1865. I know general character of Miss Motz before ttra trial. It ih good. Wben I got to her when child was born she way lying ou ground. She was very pale and al most pulseless. I am a physician. I saw the child. It was lying on ground about, 1 think, 10 paces from Miss Motz. I have opinion as to age of child Seemed to be a 7 or 8 months child. It was very fee ble.' Breathing very slight. ; Chil dreri frequently lira at 7 or 8 months. Don't think child has as 43 much vitality at 7 or 8 months. I advised taking her to bouse. Child was sent in advance. Saw child at she house. Dr. Pressley was her tamily physician. Pressley is dead. Pressley was expert Physician: (Here discussion followed as to sl owing Dr, Lawiog to state what Pressley said about the child. Evs idence not allowed.) I was at Chas. Motz's day of shooting in a house. He was suffering from a pistol or gun shot wound. I treated him. He was suffering with intense pain and I gave him injection of Morphia. I remember of seeing his brother John Motz there. I do not reccols lect who else was present. When I was first summoned I went to place of killing and was there about 11 or 15 minutes. I went from there to see Charley, CROSS EXAMINED, Child was living when I got there. Did not examine child especially. I only looked and saw it was breath ing. Did not look like a fully de veloped child because of its size. Only guessed how much it weighed Did not have bold of it. My attend tion was given almost estirely to the mother. Could not tell about color of its eyes. The most abso lute test of fully developed child is hair and nails. I saw hair on head. Don't know how much. I say hair is one of the best, isid not look at nails. I don'L know that it had a full head of hair. Don't know that its hair attracted me. J don't hard ly think it had full head of hair, I cannot tell. Don't think at that time that I formed any opinion as to age of child. I saw it again at house. I did not make any examin ation as to its age, Did not apply Professional test. I have no opin ion satisfactorily to myself as to whether child was 7 8 or 9 months. Don't know that I could answer as to child 8 complexion. Chas. was in bed. Don't know whether swing was in the way. Don't know of what sling was made. Don't know that it was the shirt he had on wben wound was made. I think I had shirt taken off. Don't reccollect much about the shirt. My atten tion was not called to the shirt. 1 have no feeling in this matter at all. I know Bob Michal general char acter up to this affair. It is good. Counsel for defense here called B. H. Sumner, B- F. Grigg, Jno. L Cobb, Blair Jenkins J. B. Ramsaur and Al. Thompson to prove char aoter of the prisoners, and the wit nesses O. E. Child, Ed. Ohilds, and Miss Maggie Motz,' and they said that character of each waa good. Counsel for state also proved by same witnesses that cnaracter of Bob Michal was good. J. L. tolleson. I live at Lincolnton. Been there 14 months. Went after Fife meet ing. Know Bob Michal. He got medicine from me. He got ergot tvice I think. He examined Dia peisatory. Think it was before he go: ergot that he examined Dispen satory. Don't know whether it was before or after Christmas when be got. It. It may have been a month or o before or after. CROSS - EXAMINED. Did not tell me what he wanted with it. Fife meeting was before I got to Lincolnton. I got to Lincoln ton n week or so after Fife meeting. I goi acquainted with hhn a day or so after I got to Lincolnton. Don't thi ik he got ergot before Fife meet ing at Newton. Don't think he got it before meeting at Mt Holly. I think it was after 20th October that I sold Michal ergot. Can't tell ust wbea Michal got ir. JNO. SMITH. I wasiu L-ucoIiit'n on day rf Hhoo ing. Saw Sam Motz and Bjb Mi- cnal on that day. ; Saw them to getber. I waa with Sam ai Conit Hooso and Michal came along and .'.lam Haul 13 t lls go to Spiings to ouy furui ure, aud Hob said I don't believe I hrj is any down there worth fooling with. This was about 10 o'clock, I had been workiug for Sam about 10 years. CROSS-EXAMINED, Did not see Bob and Sam togeth er before. CAPT. C. E. CHILDS. I am brother-in-law to defen lants, Sam Motz 1st cousin to my vife. Before shooting I bad some i)Qvereation. John Motz told me lad hd a conversation with Sim tnd Sam told him that be would ake Bob out to Lithia Spring, and 'bat boy 8 wonld meet them at Ram r.iur rood &c. They wanted to see 'Job and talk with him and have a private conversation and ask him to narry Maggie. That they thought i hat that place was most' private r nd convenient. That Sam said it would be no trouble whatever. That they thought he would marry her. I had talk with Chas. Motz in my cffi.ee, an evening before and said (ibout 8 a me as John). I do know tnat Bob paid attention to Maggie f t several years. I speak from my own knowledge. She told me Bob hid courted her. Sbe went, 1 taink, a day or two before Christ mas to Fayetteville. I don't know tiat I saw them together after she returned. About last of February sie came home and note was sent to her aud he asked in vote to cill After sbe returned from Morgan ton srtw Michal with her one evening aud out of my front door saw her Bb and Sam together. I know that Sam and defendants were friendly. First time after birth of child I reccollect of hearing some talking in Alexander' yaid recog ed voices of Sam, John and Cald well, That John said that Bob ought to marry her and that they did not think it proper to do any thing violent. That everytime John always spoke of it he said he only wanted Bob to take the load off the family. CROSS EXAMINED I am Clerk of Court brother-in-law of defendants. First conversation with John was after birth of child. Next time was first of July. Wade M.weot to seeJSchenck 2nd of July. On July first at 10 o'clock John talked with me. On 10th at night at my home, John said something about it before he left. John said that Sam said it would be better not to wait for Schenck. John said he thought Schenck would do good. John told me that Sam said there would be no trouble. John said he told Sam that if there would be any trouble that be would not go, and Sam said he was fully satisfied there would be no trouble whatever, That tbey wanted to talk with him (Bob). He did not tell me that he was go ing to take his arms. John said at otner times that be had heard tbat Michal was armed. I spoke to Miss Maggie asking her if Michal was courting her. I considered her the purest woman I ever knew. I talk ed with her on this question be cause I thought if he was not ens gaged fit would keep other men a ay. I talked with her after this. I talked with her while before Fife mcetine. When I talked with her sht laughed. Later I think she Col 3 me that she was engaged but 1 can't say positively. (Pistol ex hil ited and Ohilds examines pistol). I nink this scabbard is my broths er'. . I never saw this pistol before. Ih?dheardit said that Bob was engaged to some one else. 1 told Mi i i Maggie that he ought not to be roiog to see both so much. Sev era . years ago my father and Bob's father had some difficulty. Before thi. affair I was friendly with Bob Mithal. I did not direct subpoenas not 'o be served. I issued all sub po?vis Shipp asked for. I did get a not ? from Solicitor asking me issue sub cena. I issued all subpoenas Sta ? wanted in this case. DR. LAWING EE-CALLED. E got is used for a grea"; many pur: oses. It is used to produce contraction of womb. I think it is used to ptoduce an Abortion. CROSS-EXAMINED. Ergot does not always produce aboition. I think it is frequently used by abortionist from what I Live it-ad about it. An instrument h also U4ud to prodne aboition. VOLLY WARD. What your busmesnf I am a ranny. I was called to see Mies Iotz ou 11th June. It waa drizzly riuy day. Maggie's condition v ben I got there, child was born Miss Maggie fainted, John said : ke her Auntie In band. I wrapped up under apron, put it under bush t ad put leaves on it keep rain off I thought one time sbe was dying. She was lainred about 15 minutes. (l7(tnes3 manifested feeling.) 1 ttok child to bouse in apron. Have tv-en granny for 200 or 300 chilnren. Did not have much hair. Finger rails and toe nails not developed. Child lived till that evening train i t rae. I heard child cry. It was f?r-ble weak cry, I separated child f.'om mother. CROSS-EXAMINED. Dr. saw, I reckon, a glimpse ot ctnld. Dr. Lawiog was waitiner on woman. Did not state Dr. Lawi ing did not see yoong one Lawing told me go ou to house. I went back after taking child to bouse to aid to get Miss Maggie. Don't tlink Dr. Lawing saw it in woods because I had it wrapped up in ray apron, j showed her baby after I got it dressed. Don't think Maggie siw child before it was dressed. She was not conscions. EDWIN CHILDS. I live in Liucolnton, brother of; C. E. Ohilds. BrotherMU-law of defendants. Married Jennie. Sbe wf.3 17 years when we were mar ried. She Is next youngest to Mag gie. I had conversation with Chas Had no conversation with Johu Motz about arrangements with Sam &q. (His testimony is about tbe same as others except be said he did not have conversation with Jobn on the plan or getting Michal to marry the girl.) John told me about a half hour or more atter killing to send telegrams to Bur well & Walker. Chas says John was sitting and we (Caldwell and Chas.) were standing. He said I think I beard buggy coming and went to road. Caldwell followed and Jobn got up. Chas. said he carried his pistol by his side in order to keep Sam from seeing it. Said pistol was fired in one or two seconds after shot gun, at that horse shied. Pistol was fired and that John cocked aud snapped his other barrel. Bob fired at him next aud then at Cald well. Chas. says then when he started to road Caldwell followed. Next day had conversation with Jobn and he repeated same tale as Caldwell. Kelation between Motz boys and Sam was tbe same as brothers CROSS-EXAMINED. Saturday 11th July was day Cald well Motz got up and said he was going down home a little while. I told him not to stay long that I ne eded him. RUEF BEAL. 1 live 31 miles below Lincolnton, wes in Lincolnton on morning of killing. Saw Smith who testified this morning. I asked Smith it he saw Sam Motz. Smith said he heard Sam ask Bob to go out to Springs with him tbat day. MABCUS HOLLY. I was in Lincolnton Friday before sho- ting. Saw Cbas. Motz and Sam Motz and John Motz at Chas, Mote's house. Sm jumped out of was on and walked with John to war as town. CROSS EXAMINED. Did not hear any conversation. A.W. REEDY. I -vae going to Paper Mills one or two evenings before the difficulty occj Ted, Saw Sam and John to get i'jr over in the neighborhood of Gar-:. ChiWs. Johu and Sam ap- peannl to be friendly. ROUT. FORD. JELid seen Mr. Sam and Chas. MCU together about a week before the s looting. Saw Sam and Chas. at s Top day of shooting Saw them at to dry-kilD, They appeared to be friend l.v. crossexajuned- I suw them laughing is tho n?aan I thought tbey e.'f 'r td!y. Ir was nt dryokiln I n.w them laugh ing. I live in Lincolnton. I worked at Mr MotzV, No one closer to them tbat I saw. JAMES QUEEN. I work for Motz k Son. I hva -oen Sam and some of defendauU iogetber. I saw them a few weeki 'fore killing. I saw them on the Mth July at dry-kiln. cross-examined. I did not bear a word they said. J san't tell a word of their convert sftion. Was no one close to them. I did not notice that they were 1 uchiug. RE-DIRECT. I saw Sam Motz, Bob IVinbcrdf, ose Sunday evening and Mi. WoU ouin aod Michal were just tiehiud t lem. They were coming to town bom towards tbe factory. WM. RODGKKS. I work for m tz. I s uv Ch. and Sim Motz toeether a!out a vii-ek or tvo before killing. Looked to me l'ue they were friendly. CROSS EX AMI ED. Don't hnow how long they were together. Did not hear them say anything. WALLACE FINOER (COL) I worked for C M tz & Sons in July. Know day Sam was killed. I saw John and Sa.u together about Capt. Childs' on 10th July, day be fore shooting. I 6aw tbeui about 12 o'clock. Sam was o;i my wagon. A gentleman was -there with wagou with apples. Sam jumped down aud walked with Johu. CROSd-EXAMINEI. I was on wagon with Sam as wo came by Wards. We stopped there a minute. Sam asked li'o to go along. Michal came out and weut along. Sam had to go by Fin ley's office. Sam did ask Fiuley to with him. Bob asked Sam about Photographs. Tbey road with each other to Mig Connelly's aud back, went on by mill to Mr. Keedy's to get some plank. I went on with wagon and left Sam and Michal to gether. RE-DIRECT. Think Sam called Bob out at Wards'. MAJ. ROSS, COL. I know day ahootiug occurred. I was at Motz factory on. that mom ing. Saw Chas. Mctz down at mill. After Sam got through with break- fast he came down and Chas. Motz said, Sam I want to see yoo. They went up the pond together awhile. Seemed to be friendly. TOM HOKE, COL. I was working on Mag Connelly's house on morning of 11th Juiy. Saw Sam and Chas. together at plank kiln at shop that morning. I saw Sam again about 10 o'clock with Bob Michal and Finger. Sam was out at Connelly's with lumber, CR0S3 EXAMINED. I heard nothing that passed be tween Cbas and Sam at kiln. ARCH BARKLEY. I know Bob Micbal. I live 1 mile noi thea8t of Lincolnton. I came to see Michal one day atter shooting. Bo Bernhardt, O. A. Barkley and Ro ert Fisher were in rooms lot gelber. I don't know that Michal haa conversation direct to me, but I hfurd what he said. Bob said that he md Sam were coming down in clii o very rapidly and said heheurd Mo 2 say 'halt, you damn rascal."' He raid he heard cap burst. H-said not .t second's difference after cap buisted between that and second shoi That he (Bob) did not know wh-i got in first hot. When lou firo he was then reaching lor pistol anc 5am was in posit;on of getting out ( f buggy; Atter going out of roo'o at Micbal'a, I remarked to my bro 1 er if he did not notice expres sion )f Bob. He (brother) aid wiatT I said that expression Mamn rase tl.' CROSS EXAMINED. I ioticed expression because it w.i 3ingular and I thought Motz acd tfxbal would be plura . I don't kco' that there is auv difference betw en rascal and scoundrel. I am po3it ve that the expression was 'dauiii rascal.' Why did you say ir. d'dnr. make any difference " I don't knov. I did not hear Bob testify boi a magistrate. He migut have said (inu rascal' with a by-word to it. 1 will say that I am not posi tive 'vhether had or not prefixed 'God1' to it. Continued to last page.)