Columbus County NcArchives News.....Columbus Superior Court Results April 18, 1857
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Carolyn Shank Carolynshank@msn.com November 5, 2007, 11:41 am

Sat. April 18, 1857   North Carolina Argus April 18, 1857
      COLUMBUS SUPERIOR COURT RESULTS
   The Spring Term of the Superior Court of Columbus Couonty was held this 
week, JUDGE PERSONS, presiding. We learn that the civil docket was not taken 
up in consequence of the crowded state of the criminal calendar. A special 
term of the Courts was ordered by the Judge to be held on the 4th Monday in 
June next.
   There were two capital cases tried ____ BOSWELL for the murder of _____ 
SPIVEY, and JOHN Q. KELLY for the murder of HARRIS WATERS. A verdict of 
manslaughter was rendered in each case, and the prisoners were branded and 
sent to jail, the former for 10 days, and the latter for four months. 
   In the case of BOSWELL, SOLICITOR STRANGE AND R. B. FRENCH ESQ., appeared 
for the State, and M. B. SMITH, ESQ, F. GEORGE, and JOHN A. BAKER, ESQS., for 
the fense.
   In the case of KELLY, for the State, SOLICITOR STRANGE; for the prisoner, 
MESSRS. JAS. BANKS, JOHN WINSLOW, R. S. FRENCH, GILES LEITCH, and JOHN 
MAULTSBY.
   There were two trials for Perjury -- a mother and a son. Both were 
acquitted.
   A number of men, probably 10 or 12, some time since arrested a person for 
stealing, he requested them to take him into the woods and whip him, rather 
than imprison him; which they did, until, according to the evidence of one 
witness, portions of the bark and chips of the switches were found next day 
caked in the blood upon his back. They were indicted in the County Court for 
the affray, which omitted to charge them with Assault and Battery. They 
submitted and were fined $5 each. 
   Indictments were subsequently found against them in the Superior Court for 
an Assault and Battery. Upon the trial on Wednesday last, they pleaded a 
former conviction, but his Honor ruled that the plea could not be sustained, 
for that according to the testimony before him the Assault and Battery was 
committed two miles from the village of Whitesville, and an hour or so 
subsequent to the time when they assembled together and completed the affray, 
at the Court House for which they had been formerly convicted. It was 
contended by STRANGE, SOLICITOR, and TROY, for the prosecution, that as no 
count for Assault and Battery was included in the indictment for the affray, 
that the County Court had no right upon the indictment before it, to give 
judgment against the defendant. 
   It was argued by MESSRS. SMITH, LONDON, EMPIE and GEORGE, that the 
term 'affray' imported and included an Assault within.The case was very ably 
argued on both sides, and as an appeal had been taken from the ruling of JUDGE 
PERSON, the case will be reviewed in the Supreme Court.
   It is proper to state that all the Defendants are of the highest 
respectability and usually peaceable men.
  

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