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~ ?
VOL. 25. SMITHFIELD. N. C.. FRIDAY. DECEMBER 21. 1906. NO. 42.
PEACOCK FREE AGAIN.
Acquitted of the Murder of A.
B. Jones.
JURY OUT BUT LITTLE WHILE.
Great Array of Witnesses Examined on
Both Sides?Lawyers on Both
Sides Make Strong and
Able Arguments.
The trial of Charles Peacock,
indicted for the murder of A B
Jones by the grand jury at the
September term of Johnston
County Superior Ccurt, was be
gun here last Monday morning.
The State is represented by So
licitor Armistead Jones, assisted
by Col. T. M. Argo, of Raleigh,
and Mr. John E. Woodard, of
Wilson. The defense is repre
sented by Congressman E. W.
Pou, Mr. F. H. Brooks, Mr. E S.
Abell and Mr. J. A. Narron, of
Smithfield, and Mr. James H.
Pou, of Raleigh.
The work o! getting a jury was
begun at 10 o'clock. First the
regular panel of 18 men sum
moned as jurors for the second
week of this court was exhaust
ed, three jurors being secured
from the panel?Wiley Batten, J.
C. Evans and J. P Price.
The special venire of 150 men
was taken up. The sixth man
was selected as juror No. 1 Not
another was secured until the
38th man had been called. Then
the fortieth man was chosen.
The next juror to be accepted
was No. 54: the next was No.
61, then Nob. 64, 75, 87 and j
100 were chosen. This com
pleted the jury. The jury as
constituted is as follows:
Wiley Batten, J. C. Evans, J. j
P. Price, L. P. Peedin, Josiah
Sullivan, R. M. Pearce, J. P. Jer- ,
nigan, Winchester Stancil, J. .J. ,
Massengill, W. E. Strickland, ,
Lewis Bras well and J. A. Lee.
The jury was completed at 1:35,
taking about three hours and a
half to get it. At this hour the ,
court adjourned until 3 o'clock.
In getting a jury the defense
made Ave peremptory challenges j
and the State exhausted the |
four allowed it.
TAKING THE EVIDENCE.
Court reconvened at 3 o'clock,
and the taking of testimony was
begun.
The first witness introduced by (
the State was C. M. Hamilton (
who testified that he was up ]
town on the night A. B. Jones (
was killed most of the time from
eight till eleven o'clock. That
he saw Charley I'eacock for the
first time that night about nine ;
o'clock at his store and that A
B. Jones was there. Was there
about 25 minutes and left Pea
cock and Jones in store; some
darkies there also. Saw no mon
ey. Charley Peacock in G. N. I
Peacock's store on Sunday af
ternoon after homicide, that
Charley said it seems that they
are trying to lay the whole
transaction on him.
On cross examination witness
stated that Bill Holt had testified
before the coroner's jury on Sat- j
urday and mentioned Charley
Peacock's name in connection
with the killing. Said that Char- j
ley said "I am as innocent as !
as you or anybody else " I
W. T. Holland, a blacksmith' I
was the next witness examined.!
He testified that he was in Pea
cock's store that Friday night!
about 8:30. Saw Lon Jones
standing in door Jones says
"come in." Stayed about 15
minutes. Bought a cigar from
Jones. Said ne did not see Pea
cock in store, Frank Holmes
came in aud they went to depot
together. Came back and went
to my room.
W. T. Adams, who keeps the
Acme Grocery Store, was next
called Testified that he weut
to Holt's pond that night.
Drove by Peacock's store about
8:30 Charley came out to bug
gy. Jones was in Peacock's
store. Charley was asked if he j
wanted to go to pond with us.
Answered that be was up late
ht uelore aud wauted to go
home and go to *hep. Saw J ones
at Acme Uiacery Store that af
ternoon witn pocket book.
L. E. Watson testified that
Jones was in his store the after
noon of the day of killing.
Bought a belt, gave me $5 bill; I
gave him back 60 in change.
Saw Jones have pocket book
with three or four partitions,
seemed to be full of money.
J. E. Hudson testified that
Charley Peacock came into hit
store about 9:30 that night,
bought cold drink, stayed about
10 minutes and went out to
wards his store. Passed Pea
cock's store about 10 going
home, think store was closed
Saw Jones that night in front of
Peacock's store talking with
three or four darkies. Heard
Jones say something about
wanting to bet $500 with some
one.
Witness on cross examination
said it was his impression that
Peacock said something about
it's being time to close. 1 took
chair with T. A. Bingham aud
sat facing door, saw no one pass.
Jones did not go in my store
that night. Did not see Jones
and Peacock together that
night.
James A. wellons, attorney,
and a mpinber of coroner's jury,
was next called to staud. He
testified that he saw Lon Jones
two or three times on day of
homicide. Paid him some mon
ey, about Said that Char
ley Peacock, when he testified be
fore coroner's jury, stated that
Lon Jones went into his place of
business after supper and that
Nestus Bryant was there or came
in and that Lou J ones attempted
to, or offered to. buy Bryant's
place and offered him $500 cash
for it.
Mrs. Mary Jones, mother of
the deceased, testified that Lon
left home Thursday morning be
fore the homicide and came to
town with Dr. Hooks. Had
some money with him and took
some money out of trunk, that
she gave him $300 two or three
days before he came to town.
Lon had been sick was getting
better; had sore toe. At thecon
clusion of her evidence court ad- j
journed at 5:15 till 7:30.
When court opened for the
night session, Mr. B. R. Jones,
father of the deceased, was put
on the stand. He said that his I
son left home Thursday morning
to come to town. That he wore j
a white straw hat and dark 1
clothes. That he was a little tall- 1
er than Charley Peacock. He
said that Alonzo had been treat
ed at Keeley Institute for the
liquor habit and at Wilson for a
sore toe.
11
SilLL HOLT TESTIFIES.
William R. Holt, a negro 52 i
years old, was the next witness
to take the stand. He said that ,
he came to town that Friday ,
night after some rations. That j
he came up Third street from \
Fuller's stables and that two |
men came out of Peacock's store |
Due shut the door and locked it ,
He went up Market street and ,
stopped in front of J, O. John- |
son's store. This store was clos- ,
id. While here he saw the two ,
men go to Hudson's drug store;,
and one went in. One was taller ,
than the other, and the taller ]
was the one who went in the | ]
itore. He testified that he went ,
to the Smithfield Supply Store, i
There was a light in the store j |
ind a man there, but the door
vas closed. He waited for the j
man to come to the door, and (
vhile there these same two men i
jassed by going towards the j
?iver. He being asked if he saw
,heir faces said yes, but that'
ie was not close enough to swear
vho they were. He went on be- I
lind these two men and passed (
iy them about 50 yards from I
[he highland bridge. The tall >
nan with the white hat was on (]
;he left hand side, and they were I
valking very slow. Hesaid that 1
ifter he had gone about two or I
;bree hundred yards further, he j1
leard a shot. He went about a ! i
lundred yardsb^forehe stopped. 11
Ike Sanders and the other boys
?ame up and one asked, "did you j i
iear that ball go by here?" He i;
said that he heard the second
Bhot after he cot home. That he
came to town about 9:80. That
he thought the second shot was
about 10 o'clock He was riding
a mule and did not get off while
iu town. He said he thought one
of the boys was one of the Pea
cock boys. That when he went
by taem one man was "sorter
bumping like," like he had seen
Charley Peacock walk. William
was severely crossed examined,
but would not swear that one of
the men was Peacock.
IKE 8ANDEKS TESTIFIES.
We give below a summary of
the evidence of Ike Sanders as
furnished to the News and Ob
server by their representative,
Mr. E. JB Britten:
Isaac Sanders, a negro, stated
that he had been to Stnithtield
to bring some fish bait to Mr. J.
W. Stephenson. At about half
past nine o'clock he passed Pea
cock's store and saw a light in it,
but it was locked. With him
were Simon Smith and Isaiah
Smith, colored,and Chester Bras
well, a white boy twelve years
old. Going home they went to
wards the highlaud bridge, aud
thirty-five yards this side of it he
saw two men going on. He
walked up to them as be thought
they might besomecolored boys,
out hading *they were white,
brushed on. The taller man had
on a straw hat aud dark suit of
clothes and the other had on a
plug tiat and darksuitofclothes,
tie recognized Cuarles Peacock;
and known him for iourteeu
years. Peacock was on tne right
side of tlie other and their arms
were locked about each other.
Peacock wan saying something
iu a low tone ol voice and the
oilier said, "aha." U heu wegot 1
eighty-seven steps beyond tbe
highland bridge (havingcounted
the steps by direction of the cor
oner's jury) he heard a shot di
rectly behind him He looked
back and saiu: "Don't shoot
me," and ran towards home. He 1
overtook William and asked '
him about the shot. Holt said 1
he had passed two white men and 1
thought one was a Peacock boy.
The witness said he told Holt
nothing, but before this he had '
told the boys with him that he
recognized one of the Peacock 1
boys. When he got home and <
heard another shot, he had heard i
three shots in all. He was on
the bridge about 10 o'clock and 1
a;ot home a little after 10. On 1
Saturday morning he heard that I
a man bad been killed and went <
down to the bridge and saw a 1
dead man there with a straw hat.
He could no: say it was the man <
he passed, but the clothes and
hat were like those the man wore. '
He saw Mr. J. W.Stephenson,for '
whom he works, Saturday night '
and told him that the man with
the plug hat was Charley Pea- i
sock. j 1
it was brought out on cross i
sxamination that Ike had told <
different tales about the affair, t
rhat the first time he was before
the coroner's jury that he would
not swear that one of them was
binaries i'eacock. That the sec
ond time he was before the coro
ner's jury he said he thought the
man with the white straw bat on
was Charles i'eacock. before
I udge Connor at \Vilson he again
swore thaf it was Chdrlts Pea
iock. On re-direct examination
tie said that the reason he did
not say that it was Charles Pea
jock the first time he was before
the coroner's jury was because
ne was afraid.
ike's character was attacked
aud he admitted that he bad
stolen corn from Mr. I'ou'shorse,
nut denied takiug the cheroots
rom Mr. Sanders.
OTHER WITNESSES HEARD.
Mr. J. W. Stephenson, former
Register of Deeds of Johnston
Jounty, next testified. Said that
ne went Ashing Saturday and
when he came back heard that
Ike and other negroes had been
nefore the coroner's jury. Took
Ike off and asked him to tell
him about it. At first ike would
not tell that he knew anything
about it. Later Ike said that he
knew one was Charles Peacock.
Mr. Stephenson gave Bill Holt a
good character. Said he had
?ever kno wn any thing particular ,
wrong with Ike. That he was
just about like any ordinary ne.
>.ro
Chester Braswell testified as
follows: I am 12 years old. I
was over there ou the other side
of the river bridge. 1 had been
to Mr. Bud Stephenson's house.
Overtook two men. One of them
was a high and the other a low
man. Tall man had on a light
straw hat. the little mau had on
the derby hat. 1 was on one side
of the path and they were on the
other. I could not tell that thev
were white or black. Simon
Smith and Isaac Sanders were
with me. They (the two men)
were locked up together. They
were mumbling something, but 1
could not tell what. 1 did not
kuoweither of them I heard the
pistol. It was behind us. 1 beard
another shot. I was up there
close to home. The shot was
down towards the highland
bridge. We overtook William
Holt. Holt said it was one of
Mr. Peacock's boys. He did not
say which one
Simon Smirhtestifiedthatthey
saw two men that he thought
were white people. Heard pistol
fire, then heard another shot
when he was on the hill. He said
that thev were on one side of the
road and that two men were on
the other side.
?Court adjourned untilTuesday
morning.
TUESDAY MORNING.
Deputy Sheriff A. M. Sanders
next testified that he went to
Peacock's house the day the true
bill was fouud and that Charles |
was not there. Testified that
he and Mr. Ed. S. A bell went to
Norfolk to look for Peacock, but
did not find him. That nextj
day Mr. Abell asked bitn to go |
to Norfolk again, showing wit
ness a telegram to Mr. W. L j
Fuller from Charles F. Smythe, j
asking Fuller to send him $15
to Norfolk city jail. Witness
with Hugh Peacock, brother of
defendant, went to Norfolk and ;
found Charles in jail. (Witness
told substantially what was pub
lished in this paper at the time
Peacock was brought back here.)
That he agreed to come back i
tvithout requisition papers.
W. S. Stevens, Clerk of Court, j
was sworn and testified as to |
;ourt entries when true bill was ,
ound.
Walter Kand testified that Bill j
Holt's character was good. ,
Knew nothing of Ike Sanders be- ,
ore this affair. Gave Mr. and j
Vlrs. G. N. Peacock and Miss <
liosa good character. i
Dr. Hooks testified as to the i
examination after the ki ling.
Jonah Stevens, colored, and :
us father, Guilford Stevens, tes- j
jified as to the finding of the body ,
:iext moruing. ,
?a n i
Mr. B. R. Jones was re-called j t
irid testified as to the width of
:he road and height of embank, i
neat. The State then rested its i
:ase at 10:35, and testimony for
iefense was begun.
EVIDENCE FOB DEFENDANT.
Mrs. G. iN. Peacock, mother of i
;he defeudant, was the first wit- ,
less called. She testified that i
me was at home on the night i
;hat A. B. Jones was killed. She x
taid Charles came in 10 or 15
niuutes before the clock struck |
LO. That she was sitting at her ,
window and heard some one ]
talking from towards Hunter
Ellington's corner and heard
lim come on the steps. That she j
ipened the door, let Charles in, j
(aw him take up lamp and go up
itairs to his room. That she al- ,
vays sat up at night until all (
ler children came in and that
Jharles was the last to come iu
:hat night. That Clyde was at
Holt's pond fishing aud was not <
expected to return that night. ,
She was not cross-examined by |
lie S-ate. i
Miss Rosa Peacock, sister of j i
iharles, was the next witness, i
restified that she went home I
torn the store just before dark 11
lud that she and her mother
?ead aud talked together. That \ i
ifter she went to her room she
leard the gate slam and neard ;;
ler.motheropenthedoor. Heard
Iharles come iu and go up the <
?tairs to his room, and saw the i
?hadow of the lamp he carried.
After entering his room she heard
his shoes drop to the tloor. A
little after tuia she heard tht
I clock strike 10. No cross-exam
inatiou.
Mr. George Peacock, father ol
Charles was nextexamiued. Saic
he went to bed that night about
9 and did not hear Charles conn
iu. Said his clock kept good
time and that it struck the
hours.
At this time the State asked
to introduce N. M. Lawrence,who
wanted to leave the court on ac
count of preesiug business at
lumber null,as character witness.
He testified to the good charac
ter of Bill Holt and also Mrs.
Peacock and Miss Kosa Peacock.
STAR WITNESS TESTIFIES.
Mr. VV. D. Massey, now of
Henderson, was next called. He
testified that after closiug the
store that evening he weut to
Mr. Will Lassiter's for supper.
Stayed a while after supper and
went to Baptist Church to a
singing. Then went up street,
stayed a few minutes, got a cigar
and went back to Mr. McGuire's,
his boarding place. Found Miss
Annie McGuire and Mrs. Henry
NlcGuire ou front porch. They
proposed to go around to Mr.
Will Lassiter's a while. Started
about 9:30. When we got there,
there was no light in the house
and we did not go in. Went on
by Baptist cuurch, crossed the
street to Banner Warehouse nnrl
weut on towards Huuter Elling
ton's stables. While crossing the
street in front of Ellington's sta
bles, Miss Annie turned off ab
rubtly and said she was going
home. While stauding here try
ing to persude her to let's walk
round another square saw
Charles Peacock come down drd
street, turn round Ellington's
corner and go up Johnson street
towards his home Said "hello
partner," Mrs. Kate McGuire
asked "who did you call part
ner?" Told her Charley Peacock
He weut on in front of us and I
saw him when he turned corner
at his home. We turned across
by Mr. Graves' and went on
down by Mr. Sanders' corner,
round to Dr. Wharton's corner
and got some water at pump and
went to Mr. McGuire s. When
we went in Mrs. It H. McGuire
wanted to know why wewereout
so late. 1 said it is not late and
looked at my watch and said it
10 minutes to 10. Witness
said that "partner" was discuss
ed after they arrived. Witness
further testified that on Sunday
evening he told Mrs. K. H. Mc
Buire that suspicion rested on
Charley Peacock, and said to her
you remember me telling you
that I saw Charley Peacock com
ing round Hunter Ellington's
eorner Friday night Mr. Mas
sey was given a rigid cross-ex
amination.
J. A. Rodgers, John I). John
ston, J as. Bryan,Dr. J. H. With
ers, I. B. Lanier. C. H. Biggs,
Kloyd Tavlor and W. G. Byrd,of
Harnett County, all testified as
to good character of Massey.
These are leading citiz nsof Har
nett and some are the present
jounty officers. C B. 1'artin, of
the News and Observer, also tes
tified as to Massey's good chai^
icter.
Mrs. Henry McGuire, of Rich
mond, Va., was next put on the
stand and corroborated W. 1).
Massey.- >' ,
Mrs. W. L. Woodall, Mrs. E
5V*. Pou, Mrs. W. G. Yelvington,
Mrs. Ed S. A bell, Mrs. Carrie
Puller, Mrs. H. L. Skinner, and
Mrs. \V. W. Cole all testified as
to good character of Mrs. Pea
:ock and Miss Rosa.
TUESDAY AFTERNOON.
The afternoon session begaD
with the reading of the deposition
nf Mrs. R U. McGuire, who was
not able to be in court. This
deposition confirmed the testi
mony of Massey as to the time
Df his return to the McGuire
home with Mrs. Henry McGuire
after seeing Charles Peacock.
This deposition further coufirm
rd the statement that Massey
made to her about Peacock on
Sunday after ths homicide.
J. E. Hudson was recalled and
?anted that T. A. Bingham in his
store that uight while Peacock
was thye, and that Hermou
Joues was just leaving. T. A.
l Bingham testified that he was
? at the Hudson store that night
- and took a cold drink with Char
ley i'eacock. Peacock came from
t towards his store and went back
I toward the store. Peacock was
S alone. He was near the door
> and did not take notice of any
I one passing the door.
Hermon Jones testified that he
! left Mr. Yelviugton'B that night
I about 9:30 aud went to Hud
i son's drug store, called for a ci
! gar aad lighted it. Peacock came
' in as he was leaving. Saw no one
in street when he left.
M. M. Smitha testified that
! he left home that night about
j 9:30 and went to Hudson's
| drug store. He passed the
J Peacock store about 9:30 and
saw Lon Jones and a negro
| boy in front of the store. His
best impression is that the store
was closed. Got home about 10
minutes to 10 o'clock and about
10 said his wife beard a pistol
shot.
I f ? T _ 'n n ?
ium. duiiu i urner i^reecn ana
Mrs. London Creech testified that
the character of Mrs. Peacock
and Miss Rosa Peacock was good.
S. S. Holt, W. M. Sanders and
I). L. Godwin gave Ike Sanders a
bad character.
I). L. Godwin also testified that
Ike Sanders in his store in the
presence of B. L. Stevens denied
kuowing who was with Lon
Jones at the bridge.
VV. M. Sanders gave Bill Holt
a good character.
B. L. Stevens testified that
Ike Sanders said that there were
two men one with a straw hat
and oue with a derby, and
thought they were white^neu.
Counsel for the defence intro
| duced the first two statements
; made by Ike Sanders before the
j coroner's jury. The State later
put in the third statement of Ike.
\V. L. Woodall testified as to
the distance to the highland
i bridge from the Peacock home
saying it was about 900 yards.
He gave Ike Sanders a bad char
| \V. II. Byrd testified that he
! was on his front porch that
I night from 9 to 9:30 and that it
[ was a dim starlight night.
Here the defendant closed and
I the State introduced further tes
timony.
more state witnesses.
Mrs. John A. Mitchiner, of Sel
ma, testified that she did not
know of her own knowledge Bill
j Holt's character, but that every
body said he was a good negro.
Milton Kennedy testified that
ne went in Peacock's store that
night and saw Lon Jones there
and left Jones and Peacock iu
the store. Hyman Fort stated
that he saw Jones at Peacock's
store, that he left Jones and Pea
cock in.
W. H. Austin testified that he
left his store about 9 o'clock and
stopped in front of Hunter El
lington's stables and saw Ex
Sheriff Ellington and C. M. Ham
ilton there and that he and Al
len Smith went on home toget her.
Saw no ladies pass.
Ex-Sheriff Ellington testi' ed
that he came in from the coun
try that night just before 9
o'clock and that he sat in front
of Ellington's stables from 9 to
11 o'clock. He said that he
thought he saw two ladies going
up Third Street but he did not
see Mr. Massey, neither did he
see Charles Peacock pass there.
Stated that if Charles Peacock
had passed he would have had
to pass within two or three feet
of him. Stated that he went in
office foi water two or three
[continued on page six ]
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