Newspapers / The Enterprise (Williamston, N.C.) / March 29, 1949, edition 1 / Page 1
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THE ENTERPRISE IS READ BY OVER 3,000 MARTIN COUNTY FAMILIES TWICE EACH WEEK THE ENTERPRISE THE ENTERPRISE IS READ BY OVER 3,000 MARTIN COUNTY FAMILIES TWICE EACH WEEK VOLUME LII—NUMBER 25 Williamston, Marlin County, North Carolina, Tuesday, March 29, 1919 ESTABLISHED 1899 State Rested T14 Coltrain Murder 1 Case Late Friday —o_ J i Offered Thirty-Six Witness-! es During Long Session That Day Opening its evidence in the case j in which John R. Coltrain was charged with the murder of W. Thomas Roberson, the state called H. Gabe Roberson, brother-in-law of the murder victim. He told how he and his brother-in-law had j cut seven trees on a piece of land known as a little "island” in Grif- j fins Township on January 19 and how they vvith the help of Henry j and Simon D. Roberson had drag ged the 28 logs across a slough to high land. The witness said that the land was bought after World War I and deeded to him by his 1 father in 1928. On January 26, according to the j witness, he with Tom and Henry ! Roberson got two logging carts 1 and started to get the logs. Tom was driving the first vehicle and ( sitting on the tongue with his feet hanging to the left, the witness saying he was walking a few feet behind. Henry was driving the second cart. The witness told i the approximate distances across S. D. Roberson's field and on to! the scene of the killing, adding that there was a white oak about 17-inches across at the loots in the bend of the woods path, that logs were within fifty feet of that tree. “As we approached the logs, I saw Coltrain in a path walking toward the mules. I was about twelve feel from the oak and John was about 17 or 18 feet on the i other side carrying a 12-gauge I automatic shot gun under iiis right . arm. The mules took a few more ; steps and so did John before John j took hold of the gun with his left i hand and held up his right, tell- : inn us to stop." He quoted Coltrain as saying, "Tom. I want to ask you one ques tion. Who cut those logs?" The witness then quoted his brother in law as saying, “Me and Gabe.", The defendant was then quoted as saying, "Yes, g— d— you. I’m going to kill you." The witness declar- 1 ed that by the time Coltrain said that he fired. "Tom had pulled up on the lines and had his arm up against his body, and I saw him get off the cart and start walking back down the path. When I looked back around John had the gun on me ; and told me, ‘G d you, you’re next’," the witness declaring that . he took refuge behind the oak tree. The witness said he plead- j ed witli Coltrain, saying he ex- \ plained to the man that he had ; never done anything to him. Rob erson said the defendant charged him with meddling in his business, that he (Roberson) moved from side to side behind the tree, that j Joseph, Coltrain’s son, came up 1 about that time and told his fath er to put the damn gun down and go to the house. "Coltrain then told us to get the mules out of the woods,” the wit ness continued. "I asked about Tom and Coltrain said ‘that’s all . right about Tom. Get those mules 1 out of here.’ Joseph helped us get : the mules turned around.” The witness said he had no wea- ; pon, that he saw no weapon on either Henry or Tom, that-Tom made no threat against Coltrain. He said they drove the mules awav and as they neared the edge of the woods they saw Tom lying at the second gaie at tire edge of the field. '' •■Tom was still living anti he , told us to rush him to a Washing- | ton hospital,” the witness said. The witness told about getting j the victim into a car and carry- | ing him to Washington in about j 9'5 .ir^«lt;;i Tom died abou^U minute and a haif afiei entering : the hospital emergency room. H< j said he did not examine Tom’s clothes but said he was dressed, in work clothes ami was weal ing a j lumber jacket. Roberson said the logs were on : the land of S. D Roberson, that he never knew if Coltrain had made claim to the land where the logs were cut. The witness said that when he and Henry left the woods. Col train turned and left with Joe and Bill Peel, a colored boy employed on the Coltrain farm. He reiterated that part of the evidence relating to the meeting in the path. “Tom made no state ment or said nothing but ‘whoa’ to team and ’me and Gabe’ when Coltrain asked who cut the logs. On cross examination. Rober son said that he and his broth er-in-law planned to cut the logs two or three days before they cut them on the 19th. Asked if num erous trees had not been cut be fore. the witness said yes, explain ing that they belonged to Simon (Roberson). . . At that point the questioning switched to boundary lines. He described the boundary mark as being a gum at letter "B” on a \ n,an Objections were entered, ami J-i.-b Mnrris >:r,)d cuUi-i can't try a boundary line' f SEINE FISHING 1 ^--—--__ Seine fishing in the Roan oke got under way at James ville last Friday, reports late yesterday stating that fair sized catches were taken Sat urday while the takes yester day fell slightly. A few rock and shad were also being caught .along w ith the herrings which have num bered up to 1,200 at a haul during the first three days of the season. Prospects are fairly bright for a successful season. So far the catches have been moving directly from the bat tery to buyers. dispute, and when the witness said that he could not identify the map as being accurate, the objections were sustained by the court. The witness said he knew where the gum tree is, that the trees they cut were northeast of the marker. He declared that he had seen water all around the “island.” Asked about old lawsuits against the Robersons, the witness said there had been suits but did not involve land owned by him and his brother-in-law, the de fense, in its line of cross examina :ion, maintaining the logs were cut an the defendant’s land. At that point Judge Morris said again he lid not think it was the business if the court to try a boundary line dispute. Still on cross examination, Rob erson said that he and his brother in-law planned to cut the logs and asked no one to help them, that they cut them on the 19th (Janu ary), dragged them across the dough on the 20th and started to haul them out on the 26. Asked if there was game there, the witness replied there were a few squirrels but that he had nev - r seen any otters. The witness said that they start l'd to the woods that morning be tween 7:30 and 6:30 o’clock, that Tom was riding on the front cart an tongue of the vehicle with his legs hanging on the left side, that he was walking about twm feet be hind the first cart and ahead of Ihe car being driven by Henry Ro oerson. Asked if the defendant did not »V, “Good morning, boys,” the witness answered in the negative and declared that the defendant nid “Stop,” asking who cut the logs. Asked if Tom did not say We cut them and expect to cut rime more,” the witness said no, that after Tom said, ‘‘Me and Dabe." the defendant said, “Yes, d--- you, I’m going to kill rou. ’ Asked if Coltrain did not ;ay, "Tom, you ought to know bet ter,” the witness said no. The wit ness, asked if Tom did not jump rp and start toward the defend ant. said no, and denied that Tom lad a pistol. The witness said that he (Gabe) ow>ned a pistol, that Tom did not borrow it. He ilso said that he found the pistol in a dresser drawer in a back •oom of his home after the shoot ng, that he had the pistol when ne operated a store and lost sight if it when he closed his store and moved it to his home in 1940. Answering another question, the witness said that Tom got off the "art, caught his wounded arm with his left hand and walked iway, that Coltrain did not shoot i second time. He said that Col train leveled the gun on him, that Coltrain said he was going to kill rim and then go mto the woods and kill himself, the witness ad ■o’Uing that Col*’-;on ca. have ‘hot him. He held to his evidence, offered on direct examination, adding, upon further questioning, hat nothing prevented Coltrain ’rum shooting and killing him ir d Henry and shooting Tom .wice. zxar.vM u dii4 UiU fiuT" s»t»y hat Tom had gone up the path, hat tie “is not hurt much’’ and o go ahead and get the mules out, he witness denied it. Asked if he had not mentioned myth mg about logs and that he intieipated trouble with Coltrain * hen he was at a hog killing at foe Lawrence Coltrain’s, the wit less said no. He did say he went 0 Joe Lawrence Coltrain’s about 1 logging cart to haul some logs m his farm 4 1-2 miles from his tome, that he had heard Coltrain tad asked Louis Roberson about •he logs and that Coltrain had noddled and that he hoped the de 'endant would not cause any trou ale. He denied that Tom had a pistol, hat h<? picked up a pistol. Asked f he did not know Tom had been mjoined by court from cutting amber on the land, the witness ;aid no, that possibly the suit was igainst Tom and his brothers in volving another piece of land. On re-examination, the witness old about looking for and find ng his pistol, and he completed lis testimony about 10:55. Dr. V. E Brown was the next vitness and said that he observed he wound in the presence of Tom ny Bland, that the wound was on (.Continued "on page eight) Thirty-eight Take Stand In Behalf Of John Coltrain Greater Part Of Two Days is Required To Submit Defense Evidence Taking over at D:30 Saturday morning before a packed court room, the defense in the case in which John R. Coltrain stands charged with the murder of W. Thomas Roberson last January 26, called several character witness es. Jack Daniel, Hoyt Roberson, G. C. (Lum) James, C. C. Martin, W. A. Perry, H. H. Cowen, Sr., and J. D. Price all said that as far as they know the defendant’s gen-1 eral character and reputation was i good. Most of the witnesses said ] they had known him for many j years and told, on cross examina tion, that they lived anywhere from five or six to twelve or fif teen miles from the defendant’s home in Griffins, and all said they had not inquired in the defend ant’s home community about the defendant’s general reputation and character, Witness James say- ] ing that he did not think it was any of his business, that he did public work (worked for the pub lic). | The defendant took the stand in his own behalf at 10:00 o’clock, ob : servers stating that with what he had to work with he made himself a good witness. With the formalities out of the way, the defense switched to boundaries and submitted maps J and a 1935 judgment. The defense i brought out an old land trespass suit dating back to 1913, but the 1 court ruled that was a bit far I back, and a switch was made to a suit instituted in 1930 and in I which a judgment was entered in i 1935. The defendant said that the j trespass alleged in that suit was ! right where the trees were cut on j January 19, that the old stumps I are there now, or a little north of j letter “B” on the maps. The judg ment was read and the lines and courses were checked by the de fendant in front of the jury with ! out hesitation. Objections to the action were entered by the prose | cution but Judge Chester Morris | presiding, overruled the motion. The plaintiffs (Coltrain and oth I ers) were to recover $1, pay their j witnesses, pay their own survey I or, one-half of the court stenog I rapher’s fee, and three-fourths of , the referee's fee, and the defend-! I ants (C. D., Louis and W. T. Rob- I ! erson) w'ere to pay their own wit . nesses, one-half the court stenog I rapher’s fee, their own surveyor, I and one-fourth of the referee’s j fee, according to the judgment read in open court. t'rior 10 January zb, tne aetena | | anl said he had occasion to go into the woods, explaining that he car ried on trapping and hunting for coons, minks and otters, and dis covered ssven trees had been cut into 28 logs on a little piece of land a little northwest of letter “B” or about 50 feet north of that point. The defendant maintained that the trees were not cut on an island, that he had know the land for 41 years and he had never seen it surrounded by water. After he discovered the trees had been cut, the witness said that he contacted an attorney to see if he could get a restraining order, that he saw Attorney R. L. Co burn and told him he wanted it I stopped, that he had lost enough logs. The defendant said that he did not know who cut the logs and was instructed to ascertain who didr cut&ki..’a> to Wd liamston that' Saturday evening after he learned the logs had been cut, he stopped and talked with Louis Roberson and asked who cut the logs, quoting Louis as saying, "I don't know, but I heard Tom and_Gabe say they were going to i eS^WPffP,*“,nie heiendani saitTiie drove on and stopped in f.ont of Tom’s house, blew his horn that he saw a light on in the house and that Tom came to the window, but did not come out. The following day, the defend ant said, Otis Coltrain came to see him. According to the defendant, Otis had been out of work for two weeks and wanted to build some window frames for him, the de fendant stating that he did not agree for Otis to take some lum ber for the frames, the witness saying that he discovered Otis Was out of shape, and that he advsed him not to go back by the filling station, that Otis was drunk on beer or something. He denied the statement Otis swore he hac) made to him about Tom Roberson cut ting some of his logs and that he would stop him if he had to kill him. “Ottis couldn't seem to un derstand,” the defendant adding that he had made no statement about Tom Roberson and declared that Tom had given him no trou ble in 13 years. Reference was made to the suit which he started against Simon Roberson, the witness explaining that the line was surveyed, th H the suit was settled and that it was the first trespass since 1935. defendant sam lie aid not | >'adv,v on Januiiiy 2d who out the i r NO CIVIL COURT -\ I With the Coltrain ease re quiring- far more time than was first thought it would. Judge Chester Morris has an nounced that no civil cases will be tried during the cur rent term of the Martin Coun ty Superior Court. / It is planned to try about a dozen divorce cases, but by the time the Coltrain case is cleared and divorce actions are heard, there’ll be little time for civil cases, it was an nounced. The jury called for the sec ond week was excused yester day until tomorrow morning. logs, that he left home that morn ing about 6:30 o’clock and went to his traps on the edge of the mill pond, that he visited all 13 traps. He said he saw' a couple of otters, that he loaded his gun with buck shot and took a stand about 150 yards from letter “B” point The witness described an otter slide, and said that he had trapped and killed 16 otters, taking five with a gun. The witness identified the gun he had had 10 or 11 years and said he did much hunting, mostly for deer, that his gun would hold four shells. He was wearing a hunting jacket and carried all kinds of shells, small ones, No. 2 and buck shot, the witness adding that otters have tougli hides. The witness said he had visited his traps two weeks before and saw four otters, that he did not have a gun at that time, but car ried one since. He declared that he was not looking for Tom Rob erson when he left home that morning, that he had no idea of seeing Tom Roberson, that he cur ried the gun for otters, that he was on the pond for about two hours. The defendant said the logs were still where he had first seen them, that they had been snaked about 100 or 125 yards from their stumps to land belonging to Simon Roberson. After visiting the traps he took a stand at the otter slide that when he heard the carls he moved toward them, that he saw two carts and they got to the log.6 and stopped. He saw ali three men (Tom, Gabe and Henry Rob erson) that Tom was in front. Gabe walking six or eight feet be hind and Henry on the back cart. He described the log cart, its height and the slope of the cart tnnge, adding that Tom was sit ting on the tongue of the cart. Coltrain said he spoke, saving "Good morning,” and then asked, "Tom, I want to ask you one ques tion. Who cut those logs?” He said Roberson told him he cut them and that he planned to cut some more. The witness said that Tom got off the cart and started toward him. He said, "Tom, if you come any nearer, I’ll shoot you.” He said Tom had his hand in his pocket and pulling out a pistol. “I had to shoot or get shot," he said. "When I shot, Gabe ran toward Tom. He grabbed down for the pistol, and I told him I would not believe it of him. Gabe said, 'You rascal, I’ll get you'.” The witness then said that Gabe begged for his life, and said that he was sorry “we cut your trees.” The witness said that in 1942 he carried logs to Tom's mill, that Roberson let someone else have the lumber. He said that he purposely shot Roberson in the arm, that he did not want to kill him, that when he ,;a.v him 4-R- v rrsiq) . a pistol he saw he had to shoot. He said he had an opportunity to shoot Tom a second time, and could have shot Gab- =>H t" nipeoa. He declared that Gabe did not jump behind a tree, that ne got behind the cowing Gabe, accord mg to liic & it ness, turned tm'WW around and asked where Tom was. "I told him that Tom hud gone bark up the path.” The witness quoted Henry as saying, "Cousin John stop the mules,” that he (Coltrain) held up his left hand and told mules to "whoa.” I he witness then said that Henry asked Joseph to help get the r.iules around, the witness adding that Joe helped and that he (Coltrain) said nothing. ' Joe told me to come on and go to the house and when he asked what had happened, I told him that Tam had puljed a gun on me and I shot him,” the witness said. The defendant said that he saw a pistol at Gabe’s store, that he thought it was a ,38 Smith and Weston, that they had target prac tice with it one night, and he went on to say that pistol Tom pulled out of his pocket like th" one Gabe dad. After the shooting, the defend ant said he went on out of the woods to his home and stayed :here about ten minutes, getting some water befoie he left for the woods, carrying his gun. At that lime he had not learned Rober son had died. Leaving by a tobae -O barn, he staved the remainder (CwaSibutd hom 7\age Scvlu'/ Defense Resumes Testimony Early Monday Morning -<$> Appearance «f One Witness Is* Surprise In ('nilrain Murder Case After a rest on Sunday, the court resumed its work in the case in which John R. Coltrain is jcharged with fatally shooting W. | Thomas Roberson on last January 2 b', at 9:110 o’clock yesterday morning. The appearance of Joe Dres baeh, surveyor of Greenville, took the State somewhat by surprise, it having appeared at one time that he would not be called. It was stated that he had been called by the defense counsel to make a sur vey after the shooting, and he pre sented a map in court. He stated that the old John Respass or court map showed no degrees or calls beyond letter “B” where the in formation in the old. maps and deeds ran out, but that he then ran a line as to stumps and other signs on around. He said that he saw old stumps, a tree that had been boxed 10 or 15 years, and saw the new stumps, that he ran a line in a northerly direction to point “A” in the pond, and that the trees were cut on the right side of the line. He described the tree stumps, the contour of the land and said he saw no island. On cross examination, Dresbach said he made the survey with the Coltrain boys, that they showed him the points on the map and he ran the lines from these points. He said the swamp swings to the east from letter “B" and that his survey swings to the west from letter "B”, that he had no infor mation to go by as to directions from letter “B” station. Looking at the court map, he was asked what course the line would follow from letter “B", and- in answer he said that it would be a little east of north four or five de grees, and then said he ran the line north 20 degrees and 30 min | utes west. He said he did not | look for signs and did not recall if cypress trees were growing there, that he looked at what was point ed out to him. j Mrs. Rosa Lee Coltrain, wife of i Mack Coltrain and the only wo man to take the stand during the trial, said she reached the home of j the defendant late Wednesday ! night, January 26, and was there | when Coltrain surrendered wait j ing to “welcome him when he : came from the woods.” She re called the conversation, the court stating that her testimony could be used only to corroborate that of the defendant. According to the witness, the defendant said, “Child, I’m sorry all this trouble has been brought on me. He drawee! a pistol on me and it was shoot or get shot.” Visiting the defendant in jail two weeks later the witness heard him tell her )r sband, “If I meant to kill him (Robe: on) I could have. I didn’t | think Ik: was hurt much.” On c ! ~~ - ss examination, Mrs. Col train said that she saw the de ! fe id, nt corn! ■ome i 'fuuT anu :: u-render to Deputies Ho’lo man and Roebuck, that she never saw a pistol, but said that Law rence (Coltrain) carried the shot gun. The witness told how the defendant was dressed and said *T1Tat s,.-' led it his pocK ets were out of shape. Robert Cowen, Williamston mayor, was the next witness and he said he visited Coltrain with his father Thursday night of the day the defendant was arrested. The witness said Coltrain was eating his supper when he, his father, H. H. Cowen, Sr., and Jailer Roy Peel went in. He quot Continued on Page Five) ROUIND.UI* ('rime, for the most part, was on a holiday in the coun ty over the week-end, the sheriffs department showing only three arrests during the period. One was detained fyr larceny, another for an as sault and still another, a fe male, was jailed for public drunkenness. One of the group was white, and the ages ranged from 21 It, i'O years. Jury Expected To Get Coltrain Murder Case In Superior Court Possibly Sometime Tomorrow Planning To Complete Red Cross Drive By Saturday The current Red Cross Fund Drive took on new life last week end-when several districts report ed they had reached or exceeded their goals and encouraging word was received from others. Drive Chairman Garland Woolard said he was greatly pleased with the response to date, and highly ap preciative of the work that had been done by the canvassers Pointing out that approximately $2,500 had been raised and report ed, the chairman expressed the hope that the campaign could be completed by Saturday of this week. He is fairly confident the quota will be reached when Jamesville and the colored citizens make their reports. The canvass has not been completed in one or two residential areas here and in a few outlying districts. Reviewing the drive briefly, the chairman said that Williams was the first to go over the top, that the colored citizens of Poplar Point exceeded their quota days ago. Williamston has exceeded its quota by a few hundred dol lars and good reports have been received from all around. Griffins, making its report last week-end, raised its full $225 quota. Mrs. Eason Lilley, chair man there, stated that she was as sisted by Mrs. Virgil Lilley, Mrs 1 Roland Lilley, Mrs. Gabe Pober son, Mrs. Rufus Hardison, Mrs I Carlyle Stallings, Mrs. Kenneth S Harrington and Mrs. Fenner * Hardison. Bond And Gas Tax' Mixture Baffling The Legislature Sciialr, to Block Scott, Tics Bond Issue With One Out (Jus Tax According to the Raleigh , "Round-up”, the North Carolina ! State Senate has virtually fixed it so that the people will not be able ! to vote on the $200,0011,000 road bond issue unless a one-cent tax increase is attached to it. Look ! for this bill—the $200,000,000 and i the tax increase—to pass through i the Senate, which is riding rough show over Scott, and then to go] over to the House, which wants the bond issue separate from the tax. The House will argue over it for a time. Then conferees (men from the House and Senate) will be appointed to come out with a compromise. This first set ol con ferees will likely not be able to come to an agreement. Another set will be appointed, an agree ment will be reached, and the Legislature will adjourn. This bill is the bellwether. The “Round-up” also says the ! beer people, crying "sneaky Pete, are pointing angry fingers at the wine folks for the sorry plight they find themselves in these days. And the grape crushers are looking just as hard at the brew ers. Each group knows it is on a hot seat and each is blaming the other. Both of them are look ing envious daggers at whiskey. Confidentially, they are of the opinion that they would be faring much better if they had the finan cial strength and political support with which the ABC system is blessed. Tliey su^^uive hopes that the Legislature will somehow assist I them in salvaging at least some- | 1 thing from the ruins brought on .’ by county votes. Keep an eye on ! * this during the next two weeks, i 1 . White, brothel oi man Geo. L. H. White and just as I 1 fine a man, is the wine fronterl while Ham Blount of Washington,! N. C., is the brewers’ hat boy. They want to get under the /HCj system or into something just asM I I popular and powerful. And the “Round-up" asks, j "What about it?” Speaking of, power, what has the State done j1 about* those five ABC officials in ‘ five Eastern North Carolina conn- j ^ ties who have been charged with j 1 mishandling liquor in the stores ] I under them (Selling entire cases j1 of liquor to friends, etc.) during the past 18 months? This is some thing State ABC Head Carl Wil liamson should clear up before he lakes his leave. f ViremvH An> Called Out Tirin’ Thursday Volunteer firemen were called 1 (Ut twice last Thursday after- ( loon, first to a truck fire near \ Everetts at 3:00 o’clock, and to a t iftt' ?V<,'i tfi r S(l «vflSWf \ j.n oil hc«lcT wcju oul ol cjnUo). POLITICS Local politics are beginning to warm up a bit, but there still isn’t much evidence that the April 11 primary will be a real hot event. Koy Ward, local oil and coal-wood dealer, filed for town commissioner last Sat urday. John llollowell, insur ance man, filed but a short, time later notified Town Clerk Dan Sharpe that he would withdraw his candi dacy. Those who plan to enter the primary must file *heir can didacies and fork up a $5 fee on or before Friday of this week. Native Of County Died Late Friday At Norfolk Home Funeral Service Sunday for Chits. K. Simpson lit llic Cedar Brunch Church Charles E. Simpson, native of famesville and a resident of this •minty for fifty-five years died at I is home in Norfolk at 11:35 (’clock last Friday night after a ong period of declining health. He lad been an invalid for about five rears. The son of the lute E. N. and Belinda Simpson, he was born in famesville Township sixty years igo on September 23, 1388. He pent most of his life on the farm here, moving to the Hobersonville ection about eighteen years ago vhere he continued to farm. Vhile in the Hobersonville area, je u f.mph.yt d .. coni \ >art of the time on the market. Ie moved to Norfolk about six 'ears ago, making his home there ince that time with a daughter, diss Elsie Simpson. •‘Surviving are hi.-, widow. Mrs Inland Simpson; three sons, D. iimpson, Oscar and Abner Simp on; two daughters. Miss Elsie iimpson and Mrs. Alice V ante It, II of Norfolk; one sister, Mrs. Jella Askew of Jamesville; and a irother, Fred K. Simpson of Nor olk. Mr. Simpson is well remember d in this county as a farmer and n upright citizen. He was a mem er of the Baptist Church at Cedar •ranch near Jamesville, and the astm, Rev. W. H. Harrington, ondueted the funeral service here Sunday afternoon at 2:00 ’clock. Interment was in tin tailings Cemetery, near James illc. < i'll in f( Alone lory It oil In l)ulit‘ Hospital Mis right leg amputated in Juke hospital a week ago, Mr. ‘laudius Robeison, local man, .'as reported yesterday to be gat ing along as well as could be ex uuJ Mr Hnhcr.--an's left leg .'.a; amputated several years ago. Last Of Evidence Is Offered By The State Late Monday Counsel Almost Certain To Spend All Of Today Ar£tiiu£ To Jury Well into its sixth day, the ease in which John R. Coltrain is charged with the first degree mur der of W, Thomas Roberson in Griffins Township on January 26, is now expected to reach the visit ing Hertford County jury some time early tomorrow afternoon. Other than to arrange the order of argument to the jury, Judge Ches ter Morris, presiding, today 'had | announced no schedule, but even | with a session tonight it isn't like ly that the jury can get the case before sometime tomorrow. The State opened the argument to the jury this morning at 9:30 o’clock, and Attorney Edgar Gur l ganus, junior member of the de fense counsel, followed. The State j was next with argument, and At I torneys Critcher and Dunn of the defense are to follow, leaving the closing argument to the State. Judge Morris will then make his charge to the jury and it is cer tain to last several hours. The defense, after almost two days of intensive questioning, rested its case yesterday after noon at 3:05 o’clock, and the State came up with its rebuttal, closing at 4:15. On motion of the defense, the jury, accompanied by Attorneys 11. A Critcher and Clarence Grif fin, Sheriff C. 11. Roebuck, Judge Morris, Jury Officer Chas. R. , Mobley and the defendant, visited | the scene of the crime to examine the lay of the land, including the marker, “11", the logs, stumps and j pathway. Judge Morris warned | that only those points would be I mentioned and no other words were to be spoken to the jurymen. I It was late when plans were completed for the trip to little "Buck Island,” but the jurymen voted to a man to go without de lay, realizing that postponement of the trip until today would hold them away from their homes in Hertford County just that much longer. i. opacity crowds have attended | the court since last Wednesday ! when an effort was made to get a jury from a 200-member venire right here in the ocunty. How ever, the size of the crowd yester day fell possibly 100 below the peak attendance figure recorded for last Saturday. ! The defendant has held up ex ceptionally well, and was very ac tive in prompting the cross exami nation of witnesses placed on the stand late yesterday by the State l )</ his . 1.• ■ ' ,y. , I community. The defendant | “broke" last Saturday morning when he related the meeting with ! his wife mat Wednesday night • when she told hinmhat Roberson j A-as dead rv^.niu-d ‘ . his composure and maintained it 1 through the remainder of the time : evidence was offered. ; Members of both families were j seated around their respective | counsel, but several of those re I lated to the late victim quit their i seats when his bloody clothes | were exhibited to the jury by wit j ness Tommy Bland late yesterday. The state, in presenting its case, offered thirty six witnesses, and the defense used thirty-eight, quite a few others having insisted that they be excused. Despite the "voluminous” testi mony about letter “B" and that little piece of land referred to as "Buck Island" arut the tedious tracing of lines on "court'’ maps, defense map., and State maps, it isn’t likely that the boundary line dispute will be given much recog nition in the judge's charge. But boundaries were dragged in early in the trial, and at times it was difficult to determine whether a murder case or a hot land suit J iContoued on pa*«e ’ mi ’ ?; SB
The Enterprise (Williamston, N.C.)
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March 29, 1949, edition 1
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