Newspapers / The Raleigh Times (Raleigh, … / Jan. 20, 1899, edition 1 / Page 1
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..... I V VISITOR NUMBER 8778. RALEIGH, N. C, ERID; NG, JANUARY 20, 18t9. 25 CENTS A MONTH TIME ) GENERAL ASSEMBLY Pamlico Contested Election Case Decided A, AND N.C. RAILROAD Senator Fullers Resolution Instructing Congressmen on the Expansion Problem Unanimously Tabled In the Senate. SENATE. The Senate met at 10 o'clock, and prayer was offered by Flew Mr. Betts. After reports of committees bills as follows were introduced: By Senator Black, to lelieve J. P. Leach, ex-sheriff of Surry county. By Senator Cowper, to provide for the enlargement and in crease of depth of Chesapeake canal. By Senator Black, to authorize 'the i-ionrmlasloncrs of Moore county to fund the county's Indebtedness: By Senator Starbuek, to incorporate the town of Aft. (Ulead, in Montgomery county. By Senator Lowe, to p.oteec taxpayers of Wilkes county. By Senator tllenn (by request), to provide a finance commis sioner for Stokes county. By Senator Wilson, to incorporate the Greensboro Loan and Trust Company; to amend the law establishing public schools in Littleton. By Senator Williams, to re lieve Levi Mason, an old soldier. By Senator Franks, to prohibit the throw ing of sawdust in the rivers of Swain, Jackson and Transylvania. The calendar was then taken up. Senator Fuller's bill to request our United States Senators and Represen tatives to ratify the keaty of peace, and to labor for local self-government in our newly acquired territory came up on second reading. Senator Travis suggested that our Uepresentaiives in Washington probably Knew how to vote without advice from this body, and moved thai the bill be tabled. Without a dissenting vote the hill met this fate: the fust to so die at the hands of the Senate. The next bill was with icgaid to the furling and unfurling of th" State Hag, whk-h has been on the calendar almost dally; and it met the fate of Fuller's bill. The following bills passed final rea'd dng: To ask Congress to appropriate a sufficient amount t oestabli.-h a light (house at Cape. Beacon, Pamlico Sound: to pay Senator Franks' ;x!-ti :s incur red hi taking Q i' ..tltious regarding the 'ouUtft for his seat--$160' to increase the number or e ,mrr.i.sloiio: s for Edge rome County ; to repeal chapter 5, pri vate taw of 1895; to appoint a commls sjoner of navigation fur old Top Sail In let, Beau furl county; to provide for the Appointment of a Justice of the peace In 'Beaver Dam township, Washington county; 'to protect birds in Madison county and fish in No. 11 township, Madison county; to alter the limits of Keif oid, in Bertie county; to Appoint extra county commissioners for Caswell uounty; for the relief of C. M. Rogers, late sheriff of Granville county; to re peal chapter 321, laws of 1897 (law with regard to special school tax) for the re lief of L. T. H. Taylor; to appoint H. E. Mark-ham justice of the peace; to pay back school school vouchers of Surry county; to appoint two extra commis sioners for Sampson county. This last bill was opposed by Senator White, who said that the commissioneis were not needed and that the appointment would work hurt. Senator Robinson sand: "I ask the Senator from Sampson (White) If he did not tell me that 'he would not only vote for this measure as being de sirable, but that he would also support the bill for the appointment of five commissioners for Hertford county, and I ask him if he did not vote for the Hertford bill." Senator White: "I did not." Senator Robinson: "The Senior's vote (s recorded as voting for the bill." Senator White: "That may be so, but I did not vote 'that way . I am opposed to the bill." By permission bills were introduced for the relief of Miss Fannie Alston and Florence Williams, andby Senator Skinner to Increase the number of com missioners of Bertie county and to amend .chapter 35, law of 1897, by striking out "none" in line 4 and sub stituting "now." Senator Fuller rose to explain his reasons for Introducing his bill as to peace resolutions. He said 'that he found that the rest of the Senators were too busily engaged to give the matter attention; that he had no par ticular leason for asking to have 'his Wit passed, except that it was advisable that Its subject matter should receive Berious consideration. Senator Smith, President pro tern of the Senate, presided today, ' as Lieu tenant Governor Reynolds left Raleigh yesterday to visit bis family. The Senate adjourned at 12:30. THE HOUSE. The House met at 10 o'clock, and Rev Dr. A. Al. Simms ofijred prayer. A memorial was presented from Joslah Turner, as Public Printer twen-ty-flveears ago, asking that his bill be re-audited and any balance found due, with 6 per cent Interest. Bills were Introduced as follows: By Davis, of Hyde, to pay J. S. Mann balance of salary due as Shell-Fish Commissioner. By 'Council, to allow ' Watauga county to levy special tax. By Allen, of Wayne, to allow the chairman of board of education to ad minister oaths In certain cases. By Relnhart, to Incorporate the Tennessee and Western North Carolina Railway. (The road to run from Cranberry to Lincclnton. By Holman, to amend "charter of Statesville; also to prohibit the manufacture and sale of liquor In Shlloh. Iredell county. By Hampton, to establish- 8 graded .school at Pilot Mountain, Surry county. 'By Nicholson, of Beaufort, to incorporate the Beau- fort and Pamlico Railway. (This road to have $20,000 capital, its owners to " have right to acquire 100.0C0 acres of land. The road to extend from Dunn's creek, Pamllco-rlver or South creek to a point on the Neuse river in Pamlico or Craven county.) By McLean, to ap propriate $16,500 for each of the yearn 1899 and 1900 for improvements at the ' - Institution for the white blind. Includ ing electric light plant, new boiler, new rooms for females, etc. By Brown, of Jnhntnn. ta allow clerks of courts, on -thai nwn motion, udoo petition backed' by proper proof, fcy a matter of an In- digent child or of some good citizens, to set apart not to exceep $20, of funds paid in by administrators, executors, etc., for the maintenance, of indigent children. By iMidntosh, for the relief of A. At. Vannoy, ex-sheriff of Wilkes county. By Williams, of Graham, to amend the road Jaw there, as to the working, out of fines, etc. By Lane, to repeal the charter of Stonevllle, Rock Ingham county. By Carr, of Duplin, to require separate cars or compartments of cars for whites and blacks on rail way trains. By Allen, to repeal chap ter 217, acts 1895, and chapter 119, acts 1897, so as to abolish the fusion board of directors of the negro normal school at Goldsboro. By Carraway, to change time of holding courts In Lenoir: also resolution of thanks to Rev. J. B. Avirett for his lecture last night on it. K. Lee. On motion of Winston the House took up the contested elect! inn case of W. Al. Dees, democrat, against Dudley Paul, republican, from Pamlico county, for a seat in the House. A majority report was submitted, in favor of Deos, and a minority report in Paul's favor. The minority bSscd its tight on "the sheriff's failure to read notice to Paul and to the statement that 'the office of the clerk of the court was not se cure. The contestant showed that the recent of the vote ordered by Judge Blown showed conclusively that in fact Decs was elected by thirty-two majority. Car, of Duplin, opened the debate and he and Clarkson, and Mc Lean presented the side of the majority .'port ably. Hampton spoke for the mlnoriity, saying the law and the facts were In favor of Paul. Leatherwood said there was no politics involved, but it was a question of right. Carter, of Winston, said that the first count was very apt to be correct. vviivston. chairman of the Election Committee, seal that Dees came here with a certl-ti'-ate signed, toy even Paul's relatives that he (Dees) was elected. Winston spoke conclusively. He ridiculed the election law and this was applauded. The vote wis then taken mi the mi nority report. Hampton, voting yea. said that under the Supreme court's decision in the case of Rroughton against Young, from Wake, a recount could, not be had save w hen mad.' by a duly appointed commissioner and in the presence o." the contestant and conios 1 :. The vcte was yeas, 21: nays, 7.".: s i the minority report was lost. Thai of the majority was adopt. - I. George Dees was then, on motion, sivorn in. He is quite an old roan, white-haired. Allen's bill to take charge of the At lantic and North Carolina Railway and the North Carolina Railway wore taken up. There weie three bills. Al len said, with entire frankness, that the bills were for the purpos of plac ing these toads in the hands of the Democratic party, and to take their control out of the hands of the Gov ernor. He then told of how the t'usioii- i sts had crabbed these roads and given It!,' ! board i f A hli: : T.oKi iiior entire control of the internal improvements, v.s taken up providing that oatjre shall elect the board improvements, the latter to uh'.ir. be ciiiiiinwi'l of nine .members. (At present the Governor is ex-officio the chairman of the board of internal im provements and 'has the power to ap point the two other members. There was no further debate and. the bill passed. Two other bills along the same line were then taken up and passed. Bill to prescribe a short form of chat tel mortgage and crop lien combined, also reducing fees thereon (Allen's bill) aine up. Ray offered an amendment exempting Macon. (The proposed fee is .;10 to register ind .15 to cierK as againsx old fees, aggregating $1.05. The short form of chattel mortgage now in use at 20 and 10 cents can still be used.) Many amendments poured in and Al len explained his bill saying the new form would be found an additional se curity to 1-milords, also save tenants neaily So cents. Overman said the bill was in the in terest of poor tenants. Ray's amendment providing that the bill shall not apply to the present form of chattel mortgage (for 30 cents) was adopted. Ray's amendment to evcept Macon was adopted. He said he had never seen a crop lien. -Clay, Cherokee, Alleghany, Transylvania, Henderson. Madison. Polk. Jackson, Sw tin and other counties were exempted and the bill passed. Allen then suggested that the bill be recommitted to the committee on judi-elm-v In order that it can draft a bill containing all today's amendments. On motion of Holman the tees in ireueu were fixed .at 30 cents. By leave Moore introduced a resolu tion fhat a calendar be prepared to contain all bills with unfavorable re ports so that these will not come up on general calendar. The Spe iker announced Justice, Carr. of Duplin, and Patteison ,of Caldwell, as the House branch of the committee to Investigate the Governor s eviaence and reasons for removal of the railway commissioners Wilsons. QUAY'S FIGHT. By Telegraph to the Times-Visitor. HARRIS-BURG, Jan. zv.a pruioiiKeu deadlock is expected in the Pennsyl vania senatorial contest. Both sides today expressed no hope of any change In today's vote. There was a. lull in the senatorial contest by reason of much pairing and there will toe no important aeveiop menta during the next two or three days. Senator Quay returned to Wash ington and wanamaKer went iu nu deiphia . DEATH OF AIRS. FLEMING. Mrs. Ninnie McKay Fleming, wife of J. M. Fleming, died at the retldence of her husband on corner of Morgan and Harrington streets this moruipg at five o'clock, aged sixty-one years. Her remains will toe interred at the family burying ground near Wake For est College tomorrow, Saturday, after noon at one o'clock. FAIR AND WARMER. The weather forecast for Raleigh and vicinity Is fair tonight and Saturday, becoming rapidly warmer Saturday af ternoon. . The Caraleigh Mills Co.. has contract ed for its proposed new raw-stock dye house and purchased the machinery for same. Another improvement Just lhade was the addition of twenty loom. Jn the coming spring- the company wilt buy and Install 1300 spindles an fifty lx looms' additional, togeth '.wlUi carding and other machinery ta i Jane am. Mr. P. O. Marine. ei ry gives the manufacturer's Re$rd, tas'. above, A RATE WAR S. A. L. Cuts Cotton Bat From Atknta to Portsmouth CUT OF 50 PEE CKNT Seaboard Complains That It Has Not Been Getting It Share of the traf fic, and It Therefore Makes , an Open Cut. . The Sedtooitid Aiuir-tii&tffea no- iic- thit it will retluce rates on cotton from Atlanta to Portsmouth from 4!i c"P ts io 25 een'. per 1"0 pound. This is practically a .'0 par cent reduction hi:'! a big rate war may ' o,,, m t Kjleigh may be."on . . i --nd. I In' rate to Onarleslor. am.cii ;iiid Brunswick from A', . ;p s.i Cents ami the lines runtiiht. . shove port will have to cut H i '(.' h or Induc tile Seaboard to r. .-..rc m, rati. Saturday at I'c August i niceriug ,. truffle officers m-tl.-o was given that a cut would he made by the Seaboard. When Mr. C.ipps, the Seaboard's gen eral frelsht os' nt, put the roads on no tic' the ofli.-ers did not believe thit his company wiild carry out its thr. at. Thoy thuUKht that Mr. rapps was hlulTing. but on Monday. Viee-Presi-di nt K. St. John Sent n nice to the in te: state commerce commission at Washington that the reduction would b made on January t-'lsl. I'nder the law, a r iid has m Kive three days' no tice nf a r-dir-tion in rates and ten day V notice of an advance. The icason asinsed for tip' cut by the Se ib odd is that it has not b,.. !i citing its share of the ciion from Al I niu and Athens. The Atlanta I'on-tiiutloii says: "The fact that the Seaboard's continl passed into new hands this week, is said to be only a ciiiieldeiice and not Hi" cause of the cut. It was suggested a week or two ago thst the new pur chasers of the Seaboard might, slash rates and demo.allze the situation ivhen they got hold, in order to force some the stronger companies to buy the system and the Georgia and Ala bam i, too. The latter road has been accused for months of cutting the rates -Into t:nd out of the South, and the an nouncement that the Seaboard would fellow suit immediately after its pur chase by the Georgia and Alabam i syndicate looks significant to some rail road people. There is a general impies sion that a scheme of this kind could not be carried out. and it may be un just to the Seaboard's new owners even to imagine that they contemplate such a policy, but the road's competitors will talk. "tine thing to which all agree is that the Seaboard's independent and radical action is evidence that the Southern h .s not secured control of the property, because the Southern is a stickler for maintaining rates under all circum stances. "An effort will b.' made to appease the Seaboard and get it to restore its rates. This can no doubt be done if the manipulations through Charleston al-" stopped. That seems to be at the root of the trouble and is said to be the Seaboard's grievance." BRIEFS. Air. J. L. Burns, keeper of the capitol. is very III with grip. Regular meeting of Capital City Council, No. 59. J. O. 17. A. M., tonight at 7:30 o'clock. AIts. L. Al. Hall, who has been visit ing her son, 'Air. Joseph Ball, at Kin ston, returned home yesterday. Tonight the entertainment will be given at the blind institution compli mentary to the General Assembly. Rev. W. S. Lacy, of Norfolk, Va., who has been the guest of his brother, Mr. B. R. La,?y, left yesterday for Gulf. Mrs. F. W. Van Waganer, of East Orange, N. Y., who has been visiting her brother, Mr. B. R. Xjscy, went to rhjtrlnttp vpfltardav on A visit. The Superior Court will complete the docket today. There were 122 cases, 'three hi which were for the takin of human Uf.V-..s:.",s. . , Mra. Henry C. Burge, of jVoksonyliie, Fla., who has been vlsitlngr Mr' ;l" llam O. Smith, of this olty. JtJ for .he home o flier father In "' Atlanta, i be ing summon a to hit bedside. Mr. Walker A. vialama Is no nec ted with, the popular drv huse of A. B. Btronach. Ifrj. if' la one of the best dry gooSr r our dty and trill tiave a larp age lh hit new. home, : ATaculty Concert will Peace Institute this even) ginning at 7:J0.vThe mem .U General Assembly and tb iyi ecrd'ially invited. Ala! j; patrons of the school. ' ft. H n- I I' ' ' I FROM WASHINGTON. elegraph to the Times-Visitor. SHINGTON, Jan. 20. State De "tment officers have not yet made bile the text of the dispatches re vived from Apia regarding the troubles Jr. fiamc a t.nu resulted In .bloodshed, lit the declare the mesisuges comalo no ijifonnativii of Importance, not fil ready kn e rt to ih public. Th.j a1 ministration Is n.ously aw:i ting a ca"ble from u -i nany repudiates the afi of her cowi:. at Apia In opcaly vio lvtinghe tripa'.'te agreement. 'T 'friends -jf the Hawaiian bill in the Hons- ,i: . .caking great effort to have '. iafc- : up this week or early ii'. vt. .-'e.' .ii s surely expected this week. oai' r Ln'Uiii's wife is sc:iu:iy ill and an upcintlon may be neeessavy. The t;Mi:ttMi- .)ctii!i,ed. from Colcniliia today In res The river eomplelioii a day or M; o ! The arroy taii'-r, c , for d ';.:. li o liar- v ' . a Monday. T: k : up. -Sui'Keeii I t iegram. : bill is n ' i- ported t ar.-.i a : ur- :.Uion bill w!il b- i l'i hours alio.. ; ialit session. T': urn today tntii ; ciib ud;!! n lis t.i - before the w in i! r si'?lalned Mile:;' cri:i f army beef. t. The Nic.ir.igu -n canal still blocks tic way of tiie ratification of the treaty. Senator I'afl'ivy introduced a bill to da.v asking th- President. If compatible, to furnish copies .if any communication from any responsible igcnts of the o-calli-d Philippine ll. public. run xi:v vouk" ovKi:rri:. I!y i '.liile to the Tim SOI TIIAM i'T IX. American iin-'r "Xc.v s-Visitor. Jan. - Til.- w York," nine days has not been sight is "ll board. Anx- out from X vv Yorl- I'ol. i.'i y Knit Tltoiil'S. ,'r.ip'i I" th,. Tim-'S-Visiiur. FUANCISt'O. Jan. 2. Trans-'.-andia and Morgan t'ity will ity T.-i, SAN ports : sail l.irsi for l'iiilippin. food supply. Moll t a rry AltlilOST KXl'Ki'TKD. Ity Teicirrapli to the Tinies-Visi to N12W YOliK", Jan. 20. Kxjie: Is writing has reported to the poli the ate Cornish poisoning ens irrest is expected. I mm.'di- BPHO-LA ISY. Ity T"legraph to the Times-Visitor. PLAIN FIELD, N. J Jan. 20. Three burglars broke into the oflice of the Sonierville Beef Company this morn ing, blew open the safe and fatally shot Chief of Police Crow, who it lenipted to prevent thei t escape. All escaped without the booty. THK "fSRANT" SAILS. l!y Teiesrraph to the Times-Visitor. XKW YtillK, Jan. 20. -The Kniied States troopship Orant sailed at ten this morning for Alanlla. Theatrical Attractions When you hear tile xhilcrating sound of Field & Hanson -- (irand Con- I cert Baa l next 11 unlay and see the en tire coni'iany on p rade, y .ti lake it as a gentle reminder of the fad that to purchase your ticket for to.- evening's entertainment, which will, it is boldly claimed, excel anything y t seen here in minstrelsy. The projrinm is one suc cession of absolute novelties and timely hits, and includes the n-.v lirst purl. "An Evening With the Eiks." the Cold en Showers, a Spectacular March, the tliand old Guard, the Magnificent Dancing 'Diversions and several other positive ii. novations, terminating with The Da i'.-e of Dawson City's 400. OTIS S'KINNKIt HKKK TUESDAY. 'Indications are pointing to next Tues day night as a gala night at the Acad emy, wnere Otis Skinner is to present his late3t comedy of "Rosemary," with an unusual company of players. The play is from the pens of 'Louis N. Park er and Murray Carson, and when pro duced in London and New York was pronounced by the ablest critics of both cities to be the est example of ro mantic comedy of the present decade. It h s had a tremendous popularity on both sides of the Atlantic. iMr. Skin ner's own performance has been hailed from time to time in the various cities as his masterpiece. The:e is no doubt but that the occasion will bring forth the largest audience ihat has ever greeted this cultured and talented a.etor In our - it ', if, indeed, it docs not p ove to be die banner house of th. ye r. SOUSA COMING WEDNESDAY. Probably no conductor In America is so well known as John Philip ousa. He is of a thoroughly musical tempera ment, and an agreeable and polished gentleman of scholatly tastes and at tainments. As to his band, 1t Is one of. If not the best In the world, and easily leads any-' similar organisation In America. While Best knwn dushlrg interpretation of popular selec tions, the capabilities ' of the Sousa Band mr by no means limited to this clr ss of music. On fiouaa's pro grama you will "find Wagnerian selections, a Liszt rhapsody- and similar high class mna'c, all artistically played. The concert of Sousa and his bmi at ihe Academy of M-uelc on Wednes day evening, . January 25th, will be a mus'.-al trat, and the popularity of the M area nifti ib uiueieiw www encr ,ii i cj-oj M - house. 'Mr Sauu I te surcicietK I lit re-i'hifc'matrer of encore ?id so ntshes every element of positive enJoyWjJ1;y S"n caught in the fence and broke nr 'rt."aerlatirg the great band on the it. The crowd was .coming up and I &: .XreHif tow areMUj. .Mand Reese). rok&and run back in the swamp. Mc ' .' acitf. popral-.o, Mies Dnrothy Hoyle, '-s . Irfliur Prvnr. trfmwn Eetnan and his brother came ud on MOORE CONVICTED His Testimony Given To day. EVIDENCE BRIEF Judge Brown Concluded His Charge to the Jury Shortly Before Five O'clock. Court met at 9.::0 o', Jlonor to n. II. Brown, lock a. in.. Je., Judge. His pre- sidniK. The Moore cas. was resumed, and the 'ta!o havinjr rested its .vise last nigt, tti" defense began by the introduction :-.! a witness in behalf of the defen.d .iiii. Milliard F. .Monrc. the prisoner, took the stand and Rave his evidence with in the least apparent concern. H" testiliod: "I was a convict in the M-nlteiitlary: next week I will have ' in prison four years for larceny f mule. 1 am a man of family; my ,ifo died sinoo I have been in prison, l.-avinir mif liile f4 ill, and my mother is aii. nit Wi y,.. is old. At this railroad camp where 1 was I had been a trusty, attending to th- guards' tents and fee ding the dos--. I had access to the tents, where scuds w.:e kepi, and did pretty much as I phased. I was on duly at nitrht with .Mr. .McKi nney. I had been informed by tile .ttorncy who pros -eute.l nie for the larceny of the mule that tjoveruor Russell had taken off one y. ar of my time. ("apt. lirol :aaw had also t-dd nie rhc same, and i .cj'-lil to liav-' be. tee l.iih day of Sept. Til.- n;e.ht I left tin a a live man on niber. 1 camp I had don.. to thinking there being done me in ernor had giv-'U . and thinking of ail my c:l. and "o; was s. jirison nie a j foul pi y hell the Co r of my tim !d lor suffering. I mad up mind I would go home, and I got Id pair of pains, sonic biscuits, and an knotting tile dogs eiv afraid of a gun firing, I went ill Captain lit idshaw's tent and got nie a gun and some car tridges, anil left the camp, intending to strike the big telegraph road to Fay cttevllle, and go to my home, a-: range for my old mother, see my litle girl ant'l then go out west and try . nd make a living. Then I was ging to write to tile Governoi to ask him to forgive me for leaving, when f thought I had a right to be a free man. and come back home if he would do so, and if not, tiien come back :nd serve out the bal ance of my time. After I had gone sonic time I ran in to a swamp and heard tile dogs com ing on my trail. I had gotten about th:cc miles from the camp. When I found myself in the swamp. I Jiegan to backtrack myself to lind the big roul. In coming out the dogs caught up with me; th- pui'pi"s .-anie close to me and I could control them, but the old big dog, "Freemont," a blood hound, Iknew I could not manage, so I shot my first i sh, lo ,(,ar,. nim ()t( .,,, n)1 the uogs stopped; tip-y were harking, and when I shot they stopped barking. Then a shot was lired .t me, and I shot again, went out into a field where there were some small bushes. I could not hear any one or see any one nor did I hear the dogs. When I got up to a fence 1 saw someone and heard Mr. McGill call out to Shaw, telling him to go back, ihat Moore was up there and had a gun. Shaw then began to curse me, and answered back to Mctiili and Mc Kern m to come on, Moore Is here. Then the dogs were baiking and coining on towards me. I could see Shaw and an other man. Shaw ?oul not see me. Shaw had a gun and I knew his repu tation for killing convicts, and I did not come out. 1 moved on; the puppies were close to me. After going a short distance bick and got in the swamp again. The dogs again came up and I could see Mr. Mc Kernan. Mr. MeGill was calling out. 1 heard some one shoot and heard them coming. I called to Mr. Mc'Kernan to call off the dogs. Some one shot at me again, ana I shot to scare off the dogs. When I shot the dogs again became quiet, and I came jut of the swamp and got Into a little .Mump of tiees. Mr. McKernan was still in the swamp looking for me. I was only 10 or 15 steps away. One of the dogs came up close to me on one one side. Then down the fence in leld I saw Shaw and Temple coming toward where I was. McKernan and JlcGillwere coming on me from the other side. I heard guns begin to pop toy Usnd I fired not to hurt any body but to scare them. Shaw came out In plain ight of me 10 or 15 steps from me and 4-ailked up toward me, cuising me and told me to surrender. I told him I -ould surrender; I did not want to hurt fclm. I saw I was surrounded,' and I flight as well give up. Shaw began to Walk around me toward my back, and i then I heard him cock his gun which i I held In his hand and I shot, then ;lh'j.w shot me and I shot my second mo when I was knee deep in the marsh, and told me to surrender, and I did, and gave him my gun, and cartridges. They took me out and on the way back to cam-p I found out Shaw was dead. They did not take me past the dead man, but I heard some one call out kill him, damn him. MeG-ill cursed and abused me and then it was some one asked where is Shaw, and Wilkie said he is dead with 12 buckshot in his heart. This was about a mile and a half from camp. I ought to have been turned out of the prison, for on account of good be hivlor and on petition presented to Governor Russell by Mr. Patterson, who prosecuted me for larceny of the mule, the Governor had taken off one year of my time, and Mr. l'aiterson had w ritten me that the Governor had done so. and told him to notify in". Captain Bra-Jsiiaw also told me I would go out in September. I stayed a month after my time was out and beii-.yeing foul piny was being done me mi (K-tober L':M. ISPS, being on duty at niprht and having charge of dogs which had been (..allied by running me, 1 ma le up my mind to go honi". I did not take the gun for any other purpose than to scare the dogs if tin y should be put n my trail. I did not believe they would try to cilcli me or filloiv me far. 1 iis- ,1 the gun to scare the dog's and they stopped. I was shot myself in the shoulder." CROSS-KXAMINEP. I tired the first shot on either side io scare the dogs. Other shots were tired aft.v I had lired my la.-t shot. It was half hour after dark when I left camp. Took gun and S or 10 cartridges. Got them out of ("apt. Rradshiw's tent. Sha.v ordered nie to surrender and I did surrender. I did not offer to him my gun. It- did not come up to me. I told him I would sir render . Had my gun in my hands both barr -ls loaded: don't leeollect if it was cocked. When Shaw cocked his gun I lired. Shaw lire ! at me and I lire,) a second shot. 1 did not lire at him intending to hit him. 1 thought Sh.w would kill me. for he always killed a convict when.-ver he got a chance. I did not h -ar any thing nn. re from Shaw after my sec ond shot. J run into lile woods after my gun was broke. I tli night that was the time to run w h-'a the.- e was .-homing all bout me . 1 aid not carry tin- gun to kill any pptson. I took the gun to scare the dogs, Been in court "in or GO times. Last time for larceny of a mule. Sentenced to 5 years. Have shot ii or 7 men, RE-DIRECT. He s.ild I have been a horse trader. I drank some. Most of my arrests have been for trading doctored hors-es. I always beat in the cases. I was drunk when I took the mule. Lawyer Patterson, for the defence, swore: "I am a resident and practicing law yer of Robeson county. I prosecuted the defendant In the court before for larceny of a mule. At the time of the Democratic State Convention I was in Raleigh and presented to Gov. Russell a petition for pardon for the prisoner. Governor Russell, upon examination of the papers declined to pardon but as sured me be would commute one year of Moore's sentence, made a memoran da of such upon the papers and direct ed me to so notify Moore and told his private Sen: clary to m ike cut the nec essary papers. And not till after 'this homicide was such action of the Gov ernor revoked. I made a calculation of the time and Moore should have been discharged Sptember 1st. 1898. He w is not legally discharged. "After this homicide Governor Rus sell wrote me that because of 'the kill ing of Shaw .Moore wouid have to re main his time out and then oir sooner stand trial for the homicide. The defence closed and the State in troduced Mr. Wilkie, who testified 'that he w is in the pursuing party. "I heard Moore say he did not intend to surren der if his gun had not broke. He in tended to go home or do worse, and he reckoned he had done worse. Heard Moo-.-e say he hated killing jftoaw for he liked him." On cross-examination he said "I to'd Worthington 2 weeks be fore this killing that I suspicioned Moore would make his escape. Read a letter from McCombs to Moore." Mr. Wilkie, a young boy, also swore: "I was with the pursuing party and heard Moore say he did not intend to surrender till he broke his gun. isaid he intended to go home or do worse. 1 had a shot gun and did shoot at Moore. I could not see him, but shot at the flash of his gun. Shot at him once in the field, 20 or 30 steps. I shot at him to stop him. Did not tell any one I tried my damnedest to kill Moore." Mr. McGill testified: "I heard calls on Moore to surrender. He did not surrender. He shot. After he was back toward the camp I took 6 shells away from Moore. He said he would not surrender if his gun had not hroko. I am an overseer. The gun belonged to the State. I did not shoot at Moore just before Shaw was killed." Judge McRae spoke first for the pros ecution, and was followed by Messrs. Simms and Snow, who argued eloquent ly for the prisoner. Solicitor Pou com pleted his argument shortly after 4 o'clock, and judge Blown began his rfiarge at 4:30. 5:20 p. m. THE JURY RETURNED; A VERDICT OF GUILTY OF MUR DER IN THE 'IRST DBGTtBB. SEN TENCE WILSi BB PRONirOI-JCED TOMORROW. S V 1 t I I -. L. .? -ivy 'i-i'';'t, 4: """'4 j : -
The Raleigh Times (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 20, 1899, edition 1
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