Pamlico County NcArchives Court.....Criminal Action Papers, 1875-1914 - Part 2 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Sue Guptill sguptill@mindspring.com May 21, 2016, 7:02 pm Source: N C Archives Written: 1875-1914 Folder: Criminal Actions, 1900-1907 (Broken series) Information: Appearance bond for $250 by Darius MANN to appear at the next term of court. Date: 4 May 1903 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: Order allowing $25 to be paid to George S. ATTMORE as expert witness in case State vs. Darius MANN Date: Fall term 1903 Date of: Order Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. Darius MANN: Jury: H.W. BARRINGTON, Daniel LUPTON, S.S. LUPTON, W.N. WAYNE, J.B. ENSLEY, E.T. IRELAND (tales), R.T. PARSON, L.D. SPRUILL, J.H. EDWARDS, Paul D. CAHOON, Edmond JONES, M.B. CARAWAN. [Note: “Tales” means supplemental juror. It appears that IRELAND was added as a substitute for CAHOON, whose name was struck out]. Date: Fall term 1903 Date of: Jury named Folder: Criminal Actions, 1900-1907 (Broken series) Information: Note on paper with printed heading of Dickinson & Brother, dealers in a variety of merchandise items—food, clothing, etc. Note is addressed to Clk of Court Pamlico Co.: Dear sir, the enclosed certificate from Dr. DAVIS will explain the condition which will prevent my brother from attending court next week; but if you will write me the cause for which he is summons I will obtain his affidavit and forward same to you as soon as possible regarding the matter. s/G.M. DICKINSON Date: 8 Apr 1903 Date of: Note Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jurors against J.A. LUPTON that on on 10 June 1902 he attempted to wantonly and maliciously injure Caroline EMORY, she being an innocent and virtuous woman by declaring that she was an incontinent woman. Witnesses: Caroline EMORY, B.A. SADDLER, J.R. BATMAN, Geo. WHITTLED, Jas HODGES Date: Fall term 1902 Date of: Jury presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Note to Clerk of Court from D.L. WARD, attorney, asking the clerk to issue subpoenas for B.A. SADDLER, H.L. GIBBS, Capt. J.R. BATEMAN in the case State vs. J.A. LUPTON. WARD asks that the clerk not speak of it outside, as he does not wish the other side to know how his witnesses are. Date: 15 Sept 1902 Date of: Note Folder: Criminal Actions, 1900-1907 (Broken series) Information: Note from attorney L.I. MOORE, State’s Attorney, to L.A. GARNER of Beaufort Co. referring to a letter he received from a witness who believes he deserves to be paid. Asks GARNER to investigate this, and pay if appropriate. [GARNER is probably CSC for Carteret Co.]. At bottom there is a handwritten note that the man is a Pamlico citizen. [See following document] Date: 8 May 1903 Date of: Note from MOORE Folder: Criminal Actions, 1900-1907 (Broken series) Information: Letter referred to in above document: Letter is from J.C. POLLARD, Hobucken, NC addressed to Larry I. MOORE. States he was summoned as a witness in the case against J.A. LUPTON, and attended court for almost a week. He was away from work during that time, and had to pay board (nearly $5.00) during that time. He turned in his witness ticket before he left, but the clerk tells him that only two witnesses were allowed for the state. Date: 22 May 1903 Date of: Letter Folder: Criminal Actions, 1900-1907 (Broken series) Information: Letter from L.A. GARNER, CSC for Carteret Co., informing the [unnamed] addressee that Hobucken is in Pamlico County just across Jones Bay, and that he knows nothing of the case and is returning the letters. Date: 2 June 1903 Date of: Letter Folder: Criminal Actions, 1900-1907 (Broken series) Information: Letter from George DAVIS, MD, stating that Mr. Richard DICKINSON is under medical treatment for a severe cold and disordered condition of his bowels and that it would not be advisable for him to leave Beaufort next week as the exposure to travel would increase his trouble. Date: 7 Apr 1903 Date of: Letter Folder: Criminal Actions, 1900-1907 (Broken series) Information: Jury presentment that they find the lady Mrs. EMORY to be an innocent woman and not enough evidence to convict the defendant J.A. LUPTON; therefore find him not guilty. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: Letter from W.L. ARRINGTON, Register of Deeds of Carteret Co. to L.I. MOORE. States that R.N. DICKINSON has been summoned to appear in Pamlico Co. in a case State vs. J.A. LUPTON. DICKINSON requested that ARRINGTON write and say that he is sick, and has sent a certificate from his physician to the CSC of Pamlico Co. ARRINGTON states that he knows DICKINSON to be a man of his word who is well regarded in the area; “you may rely on his statement.” Date: 10 Apr 1903 Date of: Letter Folder: Criminal Actions, 1900-1907 (Broken series) Information: Depositions in State vs. LUPTON. Case of slander of Caroline EMORY formerly ALLCOCK George WHITFIELD: Know def and pros (i.e., Caroline EMORY). Heard defendant say he had connection with the pros twice. This conversation took place one time last year. Cross exam: I have been indicted for slandering an innocent woman. I did not plead guilty. The costs were settled; I paid the costs the conversation was in August to the best of my memory. Caroline EMORY: The defendant has never had intercourse with me. I have been married five years, and have never had intercourse with anyone except my husband. The def paid attention to me; waited on me [i.e. dated] me 3 times only. I refused to receive his attentions. He told me if I married Mr. EMORY I would regret it. Cross exam: Frank SPAIN has been about our house a good deal—a friend of the family. I have no children; my husband is away a good deal. Frank SPAIN never gave me any presents, never bought me a dress. I know Richard [can’t read]; he waited on me near two years before I was married. We are good friends. Leland MAYO has always acted like a friend of mine; he never waited on me. I have seen him on a wheel; he was never at my house in absence of my husband. Charly SADLER lived close to my house. I have said that I have been imposed on & wanted recompense—if my father would stand by me I would have it. I suppose my father has been helping me—my husband and my father have both helped me; I looked to my father. Did not go with def in the night; went with him [can’t read] Silas LUPTON’s house. Went main road all the way. We did not meet anyone that I remember; it was a little over a mile. This the only time from Silas LUPTON’s house. Re-exam: My brother came behind us. There were houses on both sides of the road. Silas SAWYER: Know pros. Have been acquainted with her for several years. Know her general character before these charges were made; it was good. Cross exam: Good before her marriage. I am not married. I took pros to my house. She stayed in our neighborhood for a week for past 2 or 3 years. The common rumor is good. Have heard some bad reports; never heard that until day of magistrates trial. Def asked witness if there had not been rumors derogatory to her character for virtue since the magistrates trial. Witness also said he was not related; lives 14 miles. Can’t say I know pros rep. in community. Re-exam: I was living with my mother when pros came to my home and neighborhood. J.M. WHITFIELD: Know pros from cradle up—character good until LJPTON said he [can’t read]. Cross exam: Am brother to other States witness WHITFIELD. Suppose her general reputation is bad. I have heard reported that she caused trouble with Frank SPAIN and wife. Re-exam: This rumor came from the LUPTONs. Mrs. Gerileane HODGES: Know pros from birth. Her character very good until charges came out. Cross exam: Live 3/4 mile from pros. My daughter married her brother right lately. Reputation has been very bad since magistrates court. Have heard right lately that she had improper relations with Frank SPAIN and caused trouble with him and his wife. I never heard this until trial. I have since the trial heard that she had improper relations with DICKINSON. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: Charge to the jury in the above case. The jury indicted the defendant for slander of an innocent woman; the statute regarding this was read. The questions the jury has to answer are: 1. Was the prosecutrix an innocent woman? (Later in the document this was defined as a woman who never had illicit intercourse with a man). 2. Did the defendant speak words charging her with inconstancy? (If he spoke the words and they were false, that implies malice). Also states there is no evidence in this case that the defendant had intercourse with her. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by the Grand Jury that Noah W. IRELAND and John W. SADLER went aboard the schooner “Ethel” and cut off and carried away the main sail of the vessel without permission or knowledge of the owner. Witnesses: W.H. LUPTON, Township #4, Pamlico Co.; Dr. J.T. CLARK. This took place on 9 Feb 1903 Date: Spring term, 190__ Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. A.J. LEARY: Certification of the judgement [not given] to the Superior Court. Date: Aug term 1904 Date of: Certification Folder: Criminal Actions, 1900-1907 (Broken series) Information: Supreme Court of NC decision and opinion in case State v. A.J. LEARY, appellant. LEARY was indicted for forcible entry and detainer. According to the summary, he entered to home of the “proscutrix” [not named] in her absence and unlocked her door, removed her lock, and put his own lock on the door. There was no evidence of violence in the entry. Besides, the prosecutrix had no possession except by sufferance. She was the sister-in-law of the defendant, and lived by agreement of the defendant with his daughter and her children in a house on the defendant’s land, till some months after the death of the daughter, when the defendant took his grandchildren to his own home. The prosecutrix remained in the house, keeping her household things there, notwithstanding the defendant’s demand for possession, going to a neighbor’s to sleep and returning to the house during the day. The prosecutrix was not a tenant, the agreement to live with the daughter and children expired with the death of the daughter, and the subsequent removal of the children. Under those circumstances the defendant quietly took possession by unlocking the door and putting on a lock of his own. Apparently the lower court instructed the jury that if they believed the facts of the case (that the defendant removed the lock and replaced it with his own) that the defendant was guilty, and this was erroneous instruction. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: Summary of testimony given by A.J. LEARY and A.F. LEARY. They acknowledge that they removed the lock from the door of the house that Patsy SALTER lived in during her absence, she having the key with her, and put a lock of their own on the door, and took possession of the house. They acknowledge that Patsey SALTER had lived in the house for years and was in possession. They stated that B.B. LEARY and Hyman CATON, two of the defendants who were arrested with them were innocent, and they were acquitted by the justice and released. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. A.J. LEARY, A.F. LEARY, B.B. LEARY, & Hyman CATON: Case being heard by G.W. BRITE (JP). The affiants [i.e., the four defendants] have reason to believe that they cannot get justice in the case before BRITE, pray that the case be heard by another justice. Date: 15 Feb 1904 Date of: Affidavit Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. A.J. LEARY: Defendant’s statement on appeal. A.J. LEARY and three others were arrested for forcible entry; the others were found not guilty. A.J. LEARY was convicted. The statement is similar information to the Supreme Court decision above, with this additional information: The prosecutrix, Patsey SALTER said that she was at DeWitt SLADE’s when LEARY replaced the lock. She had been there for one or two days. She kept house for her brother while he was alive, and it was her home while she lived there. The house had been on her brother’s land while he was alive, then was moved to LEARY’s land, with the agreement that SALTER would live there and take care of the widow [LEARY’s daughter] and children. SALTER had not slept there in some weeks. She and her brother’s wife had oystered, and bought material and SALTER made it. The defendant had told her to take her things and get out. After the house was moved to LEARY’s land, SALTER and the widow lived there for 10 months, until the widow died. The document then goes on the give the judge’s instructions to the jury, all of which the defendant excepted to. This was the basis of the appeal. Date: Spring term 1904 Date of: Appeal filed Folder: Criminal Actions, 1900-1907 (Broken series) Information: Bond by A.J. LEARY with L. WHORTON, bondsman to pay fine and costs judged against him if his verdict is not upheld by the Supreme Court Date: Spring term 1904 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: Memo from A.D. WARD to Geo. T. FARNELL, CSC for Pamlico Co. instructing him as to what should be sent forward regarding the appeal in the State vs. A.J. LEARY case. Date: 8 Aug 1904 Date of: Memo Folder: Criminal Actions, 1900-1907 (Broken series) Information: Memo from L.I. MOORE, state’s attorney, to Mr. WARD stating that information for the State vs. LEARY case was enclosed. He apologizes for the delay, but has been very busy. Closes with, “I hope you will enjoy your vacation and be benefitted by it.” Date: 30 Jul 1904 Date of: Memo Folder: Criminal Actions, 1900-1907 (Broken series) Information: Memo on letterhead of Seven Springs Hotel from A.D. WARD to Lowry I. MOORE stating that he received the case information in State vs. LEARY, and he has sent it to Judge FERGUSON with the request that he begin to make up the case without the presence of either himself or MOORE. He hopes that MOORE is enjoying his vacation. Date: 1 Aug 1904 Date of: Memo Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. A.J. LEARY: Request for special instruction. The defendant requests that the judge instruct the jury that they find the defendant not guilty. If that is refused, then the document goes on to ask for other instructions related to where the house was located, whether Patsy SALTER was actually living in the house or just returning occasionally during the day, etc. Date: Spring term 1904 Date of: Request Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. A.J. LEARY, A.F. LEARY, B.B. LEARY, Hyman CATON: Handwritten document giving testimony of Patsy SALTER. This is the same thing as described above in the notice of appeal. None of the defendants other than A.J. LEARY had any evidence to offer. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. A.J. LEARY: Judge’s charge to the jury. Summarizes evidence, and charges jury that if they believe the facts presented, that they should find the defendant guilty. The only thing in the document that was not clear in other documents was the statement that Patsey SALTER lived in the house with the children for twelve months before LEARY moved them to his house. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by the jury that A.J. LEARY, A.F. LEARY, B.B. LEARY, and Hyman CATEN, on 6 Feb 1904, forcibly entered the house of Patsy SALTER and broke open the doors and removed the lock, Patsy SALTER being present and forbidding entry. Witness: Patsy SALTER Date: Spring term 1904 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. A.J. LEARY: Solicitor’s Statement of Counter case on Appeal. This is another summary of the case. In this version, Patsy SALTER is described as saying that after the death of LEARY’s daughter, she had attended to, cared for, and nursed the little children of her deceased brother in the house in question. The defendant had come to the house and forcibly taken away the children, had assaulted her and made threats against her which put her in fear and she was afraid to stay in the house alone. When the defendant replaced the lock, he took the children’s things away, and took her personal property and threw it into the yard. She stayed at DeWitt SLADE’s because she could not stay in the house alone. She stated that she is about 60 years of age. The document goes on to give the judge’s charge to the jury (same as in previous documents). The defendant took exception to all of the judge’s instructions Date: Spring term 1904 Date of: Statement Folder: Criminal Actions, 1900-1907 (Broken series) Information: Jury’s presentment that Whitehurst LEE of Craven County near Neuse River Bridge on 16 Mar 1904 unlawfully dredged oysters from outside of lawful limits in the bare rock Jones Bay. Witness: W.A. LUPTON Date: Spring term 1904 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Warrant for Whitehurst LEE to answer the charge of unlawful dredging. Date: 20 Jan 1905 Date of: Warrant Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that on 5 Apr 1902 that Gilly F. DIXON unlawfully caught oysters from the waters along the shores of Pamlico Co. with a scoop or dredge or other instrument besides hand tongs inside a line beginning at Neuse R light and running on the E end of Old Sow Island and thence to Pamlico Point. Date: Spring term 1902 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Summons for W.C. GIBBS and J.T. MILLER, sureties for H.A. ALCOCK to appear and show cause why there should not be a final judgement against them in the case in which a judgement was rendered against ALCOCK for $200. Date: 7th Mon. after the 1st Mon of Sept 1904 Date of: Judgement against ALCOCK Folder: Criminal Actions, 1900-1907 (Broken series) Information: 1) Conplaint by Paul WOODARD that on 5 Apr 1902, H.A. ALCOCK dredged oysters in the waters of Bay R., being inside of the line running from Neuse R. lighthouse to E end of Brant Island. 2) Warrant for ALCOCK’s arrest. Witnesses for state: C. STYRON, Paul WOODARD, H.M. SADLER, Allen DANIELS. For defendant: Dormon WHEATEN, Barry MAYO, A.J. WHEALTON Date: 5 Apr 1902 Date of: Complaint and warrant Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that on 16 Mar 1904 that Whitehurst LEE and Charles LEE caught and took oysters from the waters along the shores of Pamlico County with a scoop, scrape, or dredge or other instrument other than hand tongs inside of a line beginning at Maw Point to the W end of Brant Island to Pamlico Point. Witness: W.A. LUPTON Date: Fall term 1904 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Warrant to sheriff of Beaufort Co. for Carlos LEE to appear and answer a charge of unlawful dredging. Back: Appearance bond by Carlos LEE with C.C. LEE and M.T. HUDNELL, bondsmen Date: 12 Oct 1905 Date of: Warrant Folder: Criminal Actions, 1900-1907 (Broken series) Information: Jury presentment that on 16 Mar 1904 Carlos LEE unlawfully dredged oysters outside the lawful limits on the bare rock Jones Bay. Witness: W.A. LUPTON Date: Spring term 1904 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Jury presentment that on 21 July 1904 J.R. DIXON, employed as the agent and servant as captain and manager of a boat of A.H. STEVONS and W.C. ALDRIDGE, embezzled $100 from his employers. Date: Fall term 1906 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Appearance bond by J.W. DIXON with H.S. WARD and J.D. GRIMES, bondsmen to appear and answer the charge against him Date: 6 Oct 1906 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. J.W. DIXON: Statement by J.R. HODGES, JP that after hearing testimony and argument, that he was of the opinion that there was probable cause for the conviction of the defendant & required a bond of $200 for his appearance at the next term of Superior Court. Witnesses A.H. STEPHEN & M.H. SUTTON also required to appear and testify at that time. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: Summons for M.H. SUTTON to appear before J.R. HODGES and testify on behalf of the state in a case in which the State is plaintiff and J.W. DIXON is defendant. Date: 21 Jul 1906 Date of: Summons Folder: Criminal Actions, 1900-1907 (Broken series) Information: 1) Complaint by A.H. STEPHENS that Jos. W. DIXON on ___ Jul 1906 embezzled $100 belonging to himself and W.C. ALDRIDGE. 2) Warrant for J.W. DIXON Date: 14 Jul 1906 Date of: Complaint and warrant Folder: Criminal Actions, 1900-1907 (Broken series) Information: Letter on letterhead of Ward & Grimes, Washington, NC to sheriff of Pamlico Col: “Enclosed please find a bond for Joe DIXON, who I understand is in your jail. Take this bond to him tell him to sign it and be sure to be at court on Monday and stay there until his case is disposed of. Mr. A.D. WARD of Newberne will appear for him in the trial.” s/H.S. WARD Date: 6 Oct 1906 Date of: Letter Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. E.S. PEARCE: Defendant requests the following instructions to jury: 1) Unless the jury is satisfied that the correction produced lasting injury to the pupil, they should find the defendant not guilty, however severe the pain inflicted or disproportionate to the offense alleged, unless the jury find that the defendant did not act honestly in the performance of his duty according to his sense of right, but under the pretext of duty was gratifying malice. 2) The defendant had the right to correct the defendant and to administer punishment as was necessary to maintain discipline in school. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. E.D. PEARCE: Request for special instructions [by the State]: 1) If you find that the defendant being within striking distance of M.P. ALDRIDGE drew the metallic knucks on him, you should find the defendant guilty. 2) If you find that the whipping was excessive you may infer that the defendant was actuated by malice. Date: Spring term 1906 Date of: Request for instructions. Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. E.D. PEARCE: Fifteen pages of testimony in this case. State witnesses Marvin ALDRIDGE: Morning of 12” March at school house, deft. told me to take off my jacket—did so—told me to turn jacket wrong side out—took out knife and metallic knucks. He called Peleg BARNETT & Eli DANIELS in there—offered BARNETT stick & told him if I started out door to knock me down—B refused. Then he put the knuck on his left hand and took 2 switches in right hand & told me to turn back to him & sd. if I turned face to him he’d knock me down with the knucks. Wore 4 switches out on me. I went to my seat—blood was running down my back. Kept pulling shirt from back to keep it fr. sticking me—couldn’t do any work for 8 days. 4 switches 4 ft. long & sized of 3d finger. He used 2 switches at a time. It hurt me a little when whipped, but I didn’t cry. Hit me across the back, chest, and arms. One place left on shoulder where blood settled as large as a dollar. He had metallic knuck drawn in left hand while I was being whipped. The last time I saw the knuck deft. had it. Cross exam.: Not hurt now by that whipping. I had been corrected before at school. This was on Monday; on Thursday was corrected by deft, when I went out school and had a club. I dared him out— called him a black rascal. It was a free school. Did not go to school Friday; may have gone to Oriental on Saturday. Didn’t tell J.W. DALE on Sunday morning that I was going to cut deft. with knife or dirk. I saw DALE on Fri.; may have said some things; told DALE that deft. didn’t have any right to rub fist in face; denies that he told DALE he’d stick knife in deft. on Monday. Got knucks from colored boy on farm; didn’t tell deft. they were given to me & I was told to use them; I was not in [can’t read] house on Sat. or Sun. I didn’t tell BUTTS what I was going to do to deft. (don’t deny it though). When I got to school, I was not taken up. First service was songs, then prayer. I was at back part during service. I was called up during service. After prayers he took me in music room. He had hit me once 2 licks. I may have spoken to BRUCE about whipping deft. but finally told him I’d not do it. Papa might do something. Teacher sd. he was sorry he’d whipped me like he did—blood came from my back. When deft. asked me what I had told him I had knife but told him I didn’t have knucks. Re-direct: I am 14 in June. I called him a black rascal because he talked vulgar to sister & struck sister going to church. Cross exam: The vulgar word was said during school hours —he sd to the girls they needed lashes on naked heine—this is the vulgarizes I referred to. (Knucks identified and entered in evidence). Lide DANIELS: Deft. called M.A. in room. Deft. [can’t read] knucks & knife. Deft offered BARNETT a piece of wood about 3 feet long & about 4 in x 3/4 in. B. wouldn’t take it. Deft. sd. he didn’t blame him; deft. wanted B. to strike if A. started out. Can’t tell exact size of switches; used 2 at a time; saw the knucks; deft. had knucks on left hand during whipping—told A. if he turned round he’d knock him down. Deft., A., B., and witness [i.e., Lide DANIELS]—door closed—don’t know whether others saw or not. Noticed A’s condition—all blood I saw was a cut of hand and around the neck; don’t know no. of licks; switches worn off pretty short when whipping over. All of us bad boys. I am pretty bad. Teacher has bad [can’t read] to keep pupils quiet. Peleg BARNET: I am 16. Deft. took A in room—stayed awhile—then called me & D. in & sd. “Here boys is what he was carrying for me.” Now I’m going to whip him—gave me a stick & told me to stand at door & not let him go out. I told him I didn’t want stick—he took it back & said I’d [can’t read]. He put knucks on left hand, told A. if he turned round he’d hit him. He wore out 4 hickory on him. He used 2 switches at time. Don’t know length—about 3 ft. I guess. About size of 3d finger. Don’t know kind of wood. Saw blood on hand and back of neck. He struck his right hand. Cross exam: Bad boys in school A. about like rest. A had been corrected 3 times before. A. got club. Dared deft. and called him a black rascal. had a quiet school since A. was corrected. A. didn’t cry. Re-direct: A. hollered when he hit not loud. Didn’t see deft. whip a young lady. I went 2 weeks after the whipping. Re-cross: [Question]: Has there been any disobedience in school since deft. whipped Marvin ALDRIDGE? Obj. by state—sustained—the deft. had closed his 4 Ex. and witness was examined by State as above in reply to deft. x-exam. an how purports to above question. Court declines to re-open the matter & permits state to close. Deft. excepts. J.W. ALDRIDGE: Father of M.A. After whipping M.A. came home at 2 PM. There were whelks as about as big as my finger. There was blood on neck & hand & 4 bumps on his head. I didn’t examine carefully. Tuesday I took him to Dr BELL. His back, chest, & upper part of arms black & blue. Blue marks on him for 2 weeks. Skin broken one or 2 places on neck & one on hand. Cross-exam: I directed deft. to whip my son if he needed it. End of state witnesses Defense witnesses: E.D. PIERCE: I am deft. I am principal of Oriental Academy. I carried boy in music room while I was conducting opening exercises. A. was unruly. I called him up in front. After the exercises I asked him in music room—told him I was going to whip him—told him to take off his coat—he first refused. Called two boys in room to prevent him from going out. Before I asked boys in room I asked if he had knife. He said he didn’t. [Can’t read] & he pulled out knife. Denied he had anything else. I put knucks & knife on table—got switches—I started to whip him with one didn’t whip with 2. Neither but one as large as my little finger. Don’t think he was injured badly after I whipped him—I asked if he would be dutiful—He said he would & [can’t read] He was not submissive until after I whipped him. On Thursday before I called him up to rebuke & I told him not to [can’t read]. Told him I’d reproved his sister. He went out house & grabbed a stick & dared me out. Called me a black scoundrel. I put knucks on left hand. I was going to whip the boy. I had knucks on. Was going to bluff him. I had not revenge or malice in my heart against him. I said once in school before all the school—when disturbance in school that correction ought to be given on naked heine. I gave one young lady one lick for disobedience one day. I had talked one day with father of M.A. He toled me he had a boy—he had given him a heap of trouble—told me if he bothered me to whip him. Witness said the pupils were [can’t read] for a few days but the patrons had stuck up to him. Cross exam: This is my 3rd year teaching. I taught in Pender. Took A.W. degree at Wake Forest. Then taught in Cumberland. Hope Moynan School destroyed by fire. I then applied for this school. I was not principal in that school. I whipped some at Burgaw. One hickory was sawn wood; the others were some kind of gum. I whipped DANIELS the other day. Says he [i.e., deft.] has hit some of the young ladies; 4 or 5—witness says he has an average temper. I was not mad; I was on honor to do my duty. I told the boy to take the plank in door to bluff him—to keep him from yelling out. Can’t say I told the boy to strike him—says he thinks he hit him about 18. Re-direct: Raised near Denton. Had about 80 pupils. 126 matriculated—M.A. about the largest in school. He was a bad boy. Dr. G.G. BELL: Practicing physician. Saw M.A. in my office day after the whipping. Did not find any cuts or abrasions. Wounds not dangerous nor impairing health. Cross-exam: He had had a thorough whipping. Would not say it was cruel. Bruises effected the upper of his shoulders & upper chest. Skin in neck was not cut. If it had been there would have been clot. Saw no signs of whip on back of neck. The whipping must have been painful but would not have hurt for a week. If nothing had been done discolorations would have disappeared in 10 days. Couldn’t say the whipping was brutal, absurd or calculated to injure. I advised hot applications. A.H. STEVENS: Member school committee and Bd. of Aldermen. Father of M.A. brought boy before me. We examined the boy. Looked at back & shoulders. Didn’t see skin broken. M.A. [can’t read] damage. This was next day. A. demanded discharge of teacher—we the committee did not discharge the teacher. Cross-exam: Mr. ALDRICK came and told us that dr. sd. he was injured. I went & saw dr. he sd. he’d tried to keep him in. The boy was not seriously injured. I found out that teacher had done his duty. B.F. PICKLES: I am on the school committee. When Mr. A. brought by there & claimed the boy was whipped I was sick. I looked at boy. I didn’t get up—I was sick. I didn’t see any showing injury. Mr. A. said he had to have revenge in some way. We declined to discharge the teacher. Elias BUTTS: Live in Oriental. I heard M.A. (the boy) say that he intended to have a fight. Sd. he’d been to the teacher & called him a liar & dared him out doors but he wouldn’t fight him. J.W. DALE (Ordered by deft.): No testimony Capt. PICKLES: Gen. Chr [character] of deft.—good. Cross-exam: Hasn’t got rep. for whipping but uses and to keep order. Mr. [can’t read]: Gen. Rep.deft. good. Cross exam: He has to fight a little to keep order. Dr. DANIELS: Am physician. Gen. Rep. Deft. Good. Cross exam: Deft. has rep. of trying to keep order. Has hit some young ladies. When needed they ought to be whipped. I am bro. of Lide DANIELS. All boys lie. Bad boys down there. Arthur MIDYETT: I am Bd. Co. Chm. Deft. rep. good. Cross exam: I never heard of deft. doing anything [can’t read]. Wm. P. SMITH: On Thursday M.A. sd. he had dared deft. out. Sd. he was going to get crowd and whip deft. that night. Sd. he was going to Bayboro & get gun & go down there and shoot defendant. Deft. rests State rebuttal Henry BARNETT: On Fri after whipping Deft. asked I’d say you are a reasonable man —why have you stopped your boy. I sd. because I don’t want my boy as a witness in court. He sd. to send but I sd. I’m not going to send any more. [Note: This seems to refer to stopping BARNETT’s son from attending school]. Witness relates what his son related about the whipping and asked deft. if that was correct & deft. said it was]. W.B. EASTWOOD and E.J. WHITE are tendered to deft. [Not sure what this means]. Date: Not given Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. E.D. PEARCE: Order allowing $10 plus mileage to G.G. BELL as an expert witness in the case, to be taxed against state. Date: Not given Folder: Criminal Actions, 1900-1907 (Broken series) Information: List of names: W.N. POWERS, Elias BECK, Willie SMITH, J.W. DAIL, Walter VENTRESS. “Witness for the defendant recon Before me this 31st day of March 1906. s/W.P. ROBINSON, JP.” [No indication what case this refers to]. Date: 31 Mar 1906 Date of: Listing Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that E.D. PEARCE, on 10 March 1906, maliciously, unlawfully, cruelly assaulted with deadly weapons—metallic knucks and a club and two switches—and beat and seriously injured M.P. ALDRIDGE. Date: Spring term 1906 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: In response to a complaint by M.P. ALDERAGE that E.D. PERCE did whip him with too whips and brace nux on his hand and threaten to nok me down if I did not stand still, warrant to arrest E.P. PERCE. Date: 19 Mar 1906 Date of: Warrant Folder: Criminal Actions, 1900-1907 (Broken series) Information: Summons for Elias BUTTS, W.H. POWERS, W.J. MORGAN, Joel LEWIS, John SWINDELL, Chas. SWINDELL, Monroe SPENCER, Isiah SPENCER, and Will SMITH to testify for the defendant E.D. PEARCE. To appear 24 Mar 1906 before I.R. HODGES, JP. Date: 24 Mar 1906 Date of: Summons Folder: Criminal Actions, 1900-1907 (Broken series) Information: Appearance bond by E.D. PEARCE (having waived his right to appear before a JP) to appear and answer a charge by Marvin P. ALDRIDGE of assault with a deadly weapon. Bondsmen for PEARCE are O.C. DANIELS, M.H. POWERS, A.H. STEPHENS, E.J. WALKER, E.G. WISE, W.J. SMITH. Date: 31 Mar 1906 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. E.D. PEARCE: Defendant having waived his right to appear before W.P. ROBERTSON, JP, case is transmitted to Superior Court. Date: 31 Mar 1906 Date of: Case transmitted. Folder: Criminal Actions, 1900-1907 (Broken series) Information: Appearance bond with B.F. PICKLES to appear before W.P. ROBERTSON, JP, to answer a charge of assault with whips & brass knucks. Date: 19 Mar 1906 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: Oath by E.D. PEARCE that in the action against him to be heard by Jas. SPRUILL that he does not believe that he can get justice before that JP and that he prays that SPRUILL might be removed to some other JP. Date: 24 Mar 1906 Date of: Oath and petition Folder: Criminal Actions, 1900-1907 (Broken series) Information: Depositions in case State vs. J.C. JOHNSON: Slander. J.A. PHILPOT: Know Eschilla LEE. In July 1905, was overseer of the roads and never heard of remarks of JOHNSON about Mr. LEE’s daughters. Alonzo WILLIS: About last July at Fork Bridge Alex BENNETT, Deft., & his brother— heard deft. say that he had told Miss LEE’s brothers that it was their damned whoring sister that gave place where from the name of “Treading Hill.” Miss LEE’s brothers were not present at this conversation. Brothers are Erick & Jerrell LEE; Mrs. Iza FOONES, Mrs. Nola TAYLOR, Mrs. CUTRELL, Miss Joyce LEE, & Miss Estrella LEE are the sisters. John A. JOHNSON, Alex BENNETT, & others witness can’t remember (8 or 10 were there) working on the road. X-exam: This was last July. Deft. sd. he’d told the bros of prosecutrix that day. [Can’t read next sentence]. I understood him to refer to the lady Estrella now in court. He didn’t tell how he made the remarks to bros. of Estrella. I didn’t hear fuss bet. deft. & bros. of prosecutrix. J.T. FOONES : Estrella LEE is sister of my wife. Heard the statement referred to by the last witness [WILLIS] and went to investigate and to learn if the defendant referred to my wife. Deft. said he referred to the one at the Post Office. Miss Estrella LEE was the one at the Post Office—she is assistant P.M. at Arapahoe. She lived there at that time. X-exam: “Deft. said you know the one I referred to—I didn’t mean your wife but the one at the P.O.” Miss Estrella LEE: I have been working in P.O. for nearly 4 years. I have never had improper relations with any man. I have been married and am now divorced. I have never had intercourse with any man buy my husband. X-exam: My husband sued me for divorce. I hired a lawyer & told him to appear for me. I did not file an answer in the divorce suit. State if you do not know that your husband in his complaint charged you with adultery with Duffy BANKS and you did not file any answer denying this? Did not know anything about his complaint in Carteret or what it was. Didn’t know my husband made this charge as cause for his leaving me. Only cause he rendered was that he was going back to Carteret & I could go or not & he didn’t give a damn. Was never in woods with Duffy BANKS & [can’t read] didn’t come out after me; was not in woods or bushes hugging & kissing Duffy BANKS. Was not in P.O. in indelicate position with Mr. TINGLE. Mack POTTER—not compromised in P.O. with POTTER. Charles JONES—in woods, was not caught in woods with man after night by Charles JONES. Denis or Jarvis didn’t see me in woods. Denies vulgar conversation with Mag. LANE. Re-direct: I was 30 last month. Husband left 30 years last Oct. and youngest child was 12 months old on that 28 Oct—had no child since that. L.J. MOORE was my atto. in Divorce case. Husband left me destitute & went away, never returned, never heard for him for 3 months. When gone for 2 years entered suit for divorce. W.R. REEL: Have been J.P. Know Mrs. Estrella LEE 8 yrs. Know her gen. ch. is good. X-exam: Never heard her ch. discussed until this thing occurred. Considerable talk since then. Never heard my name connected with her until earlier today. Re-direct: Never had any improper relations with Estrella & don’t know of anyone who has. She is a cousin of my wife. Merchant. H.A. REEL: Merchant & milling business. Been at Arapahoe for 2 yrs. Know Estrella. Does not know the gen. character X-exam: Says does not know the general reputation of Estrella LEE in that community. J.W. RAWLS: Live at Arapahoe. Know Estrella LEE. Knows gen. ch. is good. X-exam: Cousin of Estrella LEE. Never heard that she was not virtuous until this thing started. Never heard her charged with any men until last Friday. Never heard any reports against her since she has been in P.O. G.W. BRINSON: Live at Arapahoe; am J.P. Know Estrella LEE. Gen. Ch. is not very good. I never heard anything before she and her husband parted—since then rumors got out. X-exam: Have heard of gen. rumors of her in connection with young men. Re-direct: Don’t know if it is JOHNSON & his friends who circulated the rumors or not. State rests. Defense: Vinson VENDRICK: Live near Arapahoe. Know Estrella LEE. One eve. saw Will TINGLE with her—he backed off. buttoned up pants and she let clothes down. Bet. sunset & dark last spring a year ago. Anson BROUGHTON & Jim DAW with me. X-exam: One door open, one window. Anson BROUGHTON: I was with Vinson KENDRICK. I saw what V.V. said. I didn’t see pants buttoned—saw the dress drop. X-exam: TINGLE asked me next morning about making up a lie on him. I told him we had not made up a lie. T. & E.L. were at P.O. in corner. don’t know the corner. James DAW: Live in Arapahoe. Was at P.O. a step or 2 ahead of above witness. It was raining. Door open. E.L. in corner of office; TINGLE was near her. I said What are you doing? She said waiting but talking. I had gone in first. Witness above came in as I came out. TINGLE was up close. I couldn’t say what they were doing. Passing office one night; saw her on a man’s lap hugging & kissing. This was since last term court. Looked into window; shades down except one was not quite down where I looked in. Know her gen. rep. in community; it is bad. When looked in window I was on the street—me and bro and Geo. SMITHWICK peeped in at window. Can’t tell if curtain was 2 feet up or oil lamp in room—dim light. Man was Mack POTTER; she was in his lap hugging & kissing. POTTER came out—we saw him when he came out. L.H. DAW: I was with bro & SMITHWICK at window—saw E.L. in Potters lap hugging and kissing. E.L.’s gen ch. bad. X-Exam: We stayed there 2 hrs. Geo. SMITHWICK: I was with the DAWs. Her sister told me to go & stay till POTTER left. Saw E.L. in POTTER’s lap hugging & kissing. X Exam: I am a deserter from [can’t read—looks like Cultee] Service. J.C. JOHNSON (the deft.): Am a married man now—single in July 1905. I made the statement legal action says. I had cut out bro. of E.L. & they had had so much [can’t read]. I did it—driven to it. Since that I married the PAUL girl. They accused me steal—they accused me of “treading hill”—of going to treading hill & meant the PAUL girl. They assaulted me—had a fight. I said it because they aggravated me & because they reflected on my girl. I had heard [can’t read] reports before this. Deft. admits that he used the alleged slanderous words of and concerning the prosecutrix & explained why he had done so—reasons set out above. X exam: I submitted for A & B on bro of E.L. R.L. WOODARD; Nothing Mr. MIDGETT: Gen. ch. deft. good. X exam: I am 1st cousin of deft. Have heard rumors of deft. knocking round against girls & other [can’t read]. Deft. rests State rebuttal W.R. TINGLE: Remember the time the boys say I was at the P.O. It was late. I had been reading. Was not guilty of any impropriety with the girl. X exam: If I had been guilty I should have told it. We had been reading some letters. I didn’t button up pants. She didn’t have dress up. Gen. reputation—some good and some bad. Some rumors told since this trouble was gotten up. Record in divorce proceedings. [Nothing else written here] Mack POTTER: It is not so what is sworn by James DAW, L.H. DAW, & Geo. SMITHWICK. Never did anything improper to her. Witness denies what these witnesses state in toto as to sitting on his lap, etc. X-exam: James DAW gen ch. not extra; L.H. DAW gen ch not extra; SMITHWICK gen ch. pretty bad. Mr. RAWLS: Gen ch Mack POTTER is good. State rests. Deft. rests After this there is a description of activities of the court during the time after TINGLE’s testimony above while waiting for Mack POTTER to arrive. Defense attorneys W.T. CATO and D.L. WARD request that the jury be instructed that if the words were spoken as related by defendant in answer to charge made by the brothers of prosecutrix reflecting upon a young lady friend of defendant and that the words were not spoken maliciously and were not spoken with an attempt to vilify the character of prosecutrix they should find the defendant to guilty. Note beside request says “Not given.” Charge to the jury in the above case. The questions the jury has to answer are: 1. Was the prosecutrix an innocent woman? (Later in the document this was defined as a woman who never had illicit intercourse with a man). 2. Did the defendant speak words charging her with inconstancy? (If he spoke the words and they were false, that implies malice). Date: 10 Apr 1906 Date of: Depositions taken Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. J.J. JOHNSON: Warrant for slander. J.B. LEE complains that on or about ___ Jul 1905, J.C. JOHNSON unlawfully and willfully slandered Estrella LEE by saying to Eric LEE and Gerald LEE, in the presence of others, “if it had not been for your whoring sister -meaning Estrella LEE,- the sand hills would not be called Treading Hill,” and by speaking other slanderous words. Date: 28 Sept 1905 Date of: Complaint made Folder: Criminal Actions, 1900-1907 (Broken series) Information: Indictment by jury against J.C. JOHNSON for slander of Estella LEE. Date: Fall term 1905 Date of: Indictment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Sworn statement by Estrella LEE that the statements set forth in the defendant’s affidavit are untrue, and that none of the people named in the affidavit can swear that they are true or prove the statements. At the last term of court the defendant procured a continuance because he said his witnesses had left, when in fact they were standing just outside the courtroom. She believes that the affidavit filed was for the purpose of delay. Date: Spring term 1906 Date of: Statement Folder: Criminal Actions, 1900-1907 (Broken series) Information: Sworn statement by J.C. JOHNSON that he is unable to go to trial at this term of court due to the absence of several witnesses, to wit Chas DAVIS, George SMITHWICK, W.H. LAWRENCE, and W.H. GILIKEN and John COBB, John FLEMING. Subpoenas have been issued. He expects to prove by Chas. DAVIS that he caught a man having sexual intercourse with the prosecutrix one night about 10:00 in the woods between where prosecutrix lives and W.R. REEL’s store, that as the man got up from off the woman, he having suddenly come upon them and halted that the man acted as if he was going to shoot, and he ran, after running a short distance he looked back and saw the man going one way and the woman going toward the office her house and who he recognized as Estrella LEE, seeing her as she entered her house by the light in the house as she opened the door. In the dark he could not identify the man. He [JOHNSON] has been told that [DAVIS] might have been scared off from testifying, but Clem BRINSON has informed him that the witness is at home sick. JOHNSON expects to prove by George SMITHWICK that one night after dark, that the prosecutrix sister asked him to go over to Estrella and see what Mack POTTER was doing there; he went and found the window curtains down leaving a small place about 4 inches that he peeped in and saw Estrella get up out of POTTER’s lap, pull up her dress, and get straddle of POTTER’s lap, who was sitting in chair and saw some motions such as usually made when performances of that character was going on, and then saw them hugging and kisses. The prosecutrix is a divorced woman, and that her husband E.H. LAWRENCE who has been divorced charged her with committing adultery with one Duffy BANKS that she never filed any answer in the case or attended the trial, thereby admitting the truth of the allegations. He had a subpoena for W.H. LAWRENCE in Carteret Co., returned, “not to be found in the county. He is off on a boat.” Another subpoena for W.H. GILIKEN, witness in the divorce case, was also returned, stating that he was hiding. Date: 18 Apr 1906 Date of: Affidavit requesting continuance Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. J.C. JOHNSON: Affadavit by defendant that he is unable to go to trial today because of the absence of important witnesses. Witnesses are Thos. BOYD, J.R. FLEMING, and J.B. DAW, & Anson DAWSON, & W.W. DIXON. Defendant expects to prove by Thos. BOYD the general character and reputation of the prosecutrix, that it is bad, with the current reports of charges of adultery with several persons. That J.D. FLEMING was a witness in a divorce proceeding between the husband of prosecutrix and herself to prove adultery as charged by her husband. He expects to prove by J.B. DAW & Anson BROUGHTON that they saw the prosecutrix and W.R. TINGLE in a compromising position in the house of the prosecutrix where she and her daughter reside, after dark; that they were standing in close hug facing each other and as they entered they saw TINGLE back away from prosecutrix and saw her dress fall down which was above her knees and saw TINGLE button up his pants. He expects to prove by W.W. DIXON about the same as he expects to prove by J.D. FLEMING—that he was a witness summoned by the husband of the prosecutrix in the divorce suit. The prosecutrix is a divorced woman, that her husband obtained a divorce in Carteret County, and that in his complaint he charged his wife with adultery, and that she did not attend the trial. Defendant was informed of this fact about 10 days ago, and that a transcript of the trial might be material for his defense. He expects to have all this testimony by next term or court. Date: 24 Oct 1905 Date of: Affidavit Folder: Criminal Actions, 1900-1907 (Broken series) Information: Alice P. THOMPSON vs. J.E. COLLINS: Plaintiff being called to appear & prosecute her case, and failing: It is therefore considered by the court and adjudged that the plaintiff be nonsuited and the action dismissed and that defendant receive of the plaintiff the costs of the action & the total by the clerk. Date: 16 Apr 1907 Date of: Date filed Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that J.E. COLLINS on 26 Oct 1904 upon Alice THOMAS, a female child under 14, to wit, 11 years old did make an assault and wickedly, unlawfully, and feloniously did carnally know and abuse Alice THOMAS, having never before had intercourse with a male person. Back: Witnesses: Alice THOMAS, William JONES, Luke HODGE, Council MATHEWS. Found to be not a true bill. Date: Fall term 1905 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Complaint by Alice P. TOMMAS against J.E. COLLINS that about 25 Oct 1904 he did “force me to surrender to his desires saying that I made any alarm that he would kill me,” and did unlawfully feloniously and know affiant, she being under the age of 14 years. Below this is warrant to sheriff for arrest of COLLINS Date: 7 June 1905 Date of: Complaint Folder: Criminal Actions, 1900-1907 (Broken series) Information: Request from Chas. L. ABERNATHY, Solicitor, Beaufort, NC to George T. FARNEL, Bayboro, NC to issue a capias [summons] for Alex. PEARSON to Lenoir County or any other county where he might be located. Date: 27 Sept 1907 Date of: Request for summons Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that on 21 Mar 1907 that Alex PEARSON did upon Cora MOON make an assault and did beat, wound, and ill treat her with the intent to ravish and carnally know her. Date: Spring term 1907 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Complaint by John GREEN that Alex PEARSON entered his house and assaulted Cora MOON with intent to commit rape upon her, and committed forcible trespass in his house and refused to leave the premises when ordered. Below this is warrant for arrest of Alex PEARSON. Back: Witnesses: George GREEN, Moses NELSON, Walter STRONG, Wallie GREEN, Coral MOON. For defense: W.H. COLISON, H. SKINNER Date: 22 March 1907 Date of: Complaint Folder: Criminal Actions, 1900-1907 (Broken series) Information: Calculation of court costs in case State vs. Alex PEARSON Date: Spring term 1807 Date of: Calculation Folder: Criminal Actions, 1900-1907 (Broken series) Information: Summons for A.H. STEPHENS, Ben ONEAL, Walter VENTERS, Jonathan PERKINS, Willie WEISIGAR, W.F. WIGGS, W.H. POWERS, W.B. WARD, W.J. SMITH, W.E. KETCHAM to appear and testify in a matter in which the state is plaintiff and W.L. HINNANT is defendant. Date: 14 Sept 1907 Date of: Summons Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that W.L. HINT on 1 Nov 1906 was the agent, consignee, clerk, employee, and servant to the Oriental Council No. 107 Junior Order United American Mechanics, and that he was entrusted to receive property belonging to that organization, i.e., $54.00, and that having received it, he converted it to his own use. Back: Witnesses: Ben O. NEAL, Jonathan PERKINS, W.B. WARD, Willie WEISENGER, W.H. POWERS Date: Fall 1907 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that Willie GRIFFIN on 7 Mar 1906 assaulted Joseph SCOTT with a deadly weapon, to-wit, a gun. Date: Spring term 1907 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. Willie GRIFFIN—Judgement: Appeared before D.B. HOOKER, JP and pled guilty to the charge against him. Ordered to enter into bond for his appearance at the next term of Superior Court. Upon failure to give bond, [defendant] was sent to prison. Date: 13 Apr 1907 Date of: Judgement Folder: Criminal Actions, 1900-1907 (Broken series) Information: Complaint by Joseph SCOTT that Willie GRIFFIN shot him. Below this: Warrant for arrest of Willie GRIFFIN Date: 27 Apr 1906 Date of: Complaint Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. Barbara TATUM: Order to sheriff to pay Dr. FLOWERS, Dr. DEES, & Dr. UNDERHILL for their expert medical testimony in the above case. Date: Fall term 1907 Date of: Order Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that Barbary TATUM, on 17 Aug 1907, did kill Annie M. BOYD. Back: Witnesses: Joe G. SADLER, Robert MCKINNEY, T.B. CUTLER, George T. SIMPSON, Noah MOORE, Curtis FODERY, George GIBBS Date: Fall term 1907 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: “Cornelius Gibbs being sworn, says that Barbara TATUM called Annie BOYD a black bitch and then shot them with a single breech loading gun said Cornelius GIBBS was in his sound mind and made this statement in the presence of A.J. LUPTON, Geo. WHITFIELED, and F.W. ALCOCK and also said Barbara TATUM took a sweet gum club and started to them after said Barbara had shot them down.” Date: Not dated Folder: Criminal Actions, 1900-1907 (Broken series) Information: Magistrates Court, statements by witnesses (Hobucken): Barbara TATUM: Says she is not guilty of shooting children. Says Georgie shot children; she tried to take gun from George. Geo. LATHAM: Void John GLASPER: No good Joe Sadler: Two children on ground. Says Barbara shot them. Fene Cutler: Went up to LATHAMs and says Barbara shot them as they was running away after being told [nothing written after this for this witness] Geo. SIMPSON: Saw children in bad fix Noah MOORE: Carried girl home and she told him Barbara shot her and little boy. Geo. GIBBS: Barbara called girl Black faced bitch and then shot them. Children run and Barbara shot them. Bob MCKINNEY: Says he went up there and found children on road and children says Barbara certainly shot them no use to deny it and he thinks children in serious condition. Date: August 1907 Date of: Witness statements Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. Barbara TATUM: Complaint by John GLASPER that at #4 Township on 17 Aug 1907, that defendant did take a brick loading gun and shoot Annie M. BOYD and Cornelius GIBBS down the the farm road. Murder as to Annie M. BOYD & assault on Cornelius GIBBS. Date: 17 Aug 1907 Date of: Complaint Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that on 1 Jan 1907 Essex BEST did kill John JOHNSTON. Back: Witnesses: W.N. LEWIS, W.S. SUMMONS, Martha BEST, Martha RIDDICK, Meorge MIDGETT, Elijah SHADE, Daniel CARMAN, Lula MANN, Pickett SANDERS, Chas. J. BEST, Alfred ROUSE, Dr. S.A. DEES. A true bill Date: Spring term 1907 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. Essex BEST: Judgement: Found guilty of the felony of murder. BEST to be imprisoned at the State Penitentiary for 25 years at hard labor. Case was begun on the 6th Monday after the first Monday in Mar 19-7, and that the Judgment dates from the beginning of the term on 15 Apr 1907. Date: 16 Apr 1907 Date of: Judgment filed Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. Essex BEST: Complaint by J.P. MOORE who says that in Bayboro on 1 Jan 1907, that Essex BEST shot and killed John JOHNSON. Below this: Warrant for arrest of Essex BEST. Prisoner pled not guilty, and was remanded to jail for safe keeping until the next term of court. Date: 7 Jan 1907 Date of: Complaint and appearance by defendant Folder: Criminal Actions, 1910-1914 Information: Coroner’s inquest: “We the juror find that Wm. WATERS came to his death indirectly by the cutting by Manuel JENNETT about the last of July 1910.” s/Ben POTTER, C.M. LINCOLN, Tilman SAWYER, J.W. CAREY, R.T. DANIELS, Cal SAWYER Date: 22 Sept 1910 Date of: Jury finding Folder: Criminal Actions, 1910-1914 Information: Report by R.M. DANIELS, coroner, that he received an affidavit from S.F. MCCOTTER that Wm. WATERS had come to his death by foul means, and requesting an inquest. DANIELS summoned a jury and held an inquest and post mortem examination. The finding of the jury was that WATERS came to his death indirectly by cuts inflicted upon him by Mauel JENNET about the last of July 1910. Date: 23 Sept 1910 Date of: Report by coroner Folder: Criminal Actions, 1910-1914 Information: State vs. Emanuel JENNETT: Complaint by Geo. H. MIDGETT that on 31 Jul 1910 that Emanuel JENNETT did violate town ordinance by using profane language and fighting using a deadly weapon on Wm. WATERS. Below this: Warrant for arrest of Emanuel JENNETT. Back: Witnesses subpoenaed for state: Norel BLOUNT, Henry WILLIS, Dr. G.G. BELL Date: 1 Aug 1910 Date of: Complaint Folder: Criminal Actions, 1910-1914 Information: Jury’s presentment that on 1 Jul 1910 that Emmanuel JENNETT killed William WATERS. Witnesses: Novel BLOUNT, Henry WILLIS, Dr. G.G. BELL, Dr. D.A. DEES, Ben POTTER, C.K. LINCOLN, Tilman SAWYER, J.W. CARRAWAY, R.T. DANIELS, Cal SAWYER, S.F. MCCOTTER, Dr. S.E. MCCOTTER. Not a true bill Date: Fall term 1910 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Jury’s presentment that Emmanuel JENNETT on 31 Jul 1910, did assault, beat, and wound William WATERS with a knife. Date: Fall 1910 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Town ordinance #1: Describes disorderly conduct for which a person shall be found guilty of a misdemeanor and fined $10 or 10 days. Includes all kinds of profanity, indecent exposure, fighting, etc. Does not say what town. Date: Not given Folder: Criminal Actions, 1910-1914 Information: Statement from S.F. MCCOTTER that from what he can learn of the death of Wm. WATERS that it is proper that [can’t read, but seems to indicate that an investigation of the cause of death should be investigated]. There is a man now being held for cutting WATTERS at Oriental some 60 days or more ago, he not being able to work since that time. Date: 22 Sept 1910 Date of: Statement Folder: Criminal Actions, 1910-1914 Information: State vs. Ottis BROUGHTON: The defendant has been charged with burglary and a true bill has been returned. The defendant is a minor of 19 years of age, and has no guardian. The clerk is in possession of $45 belonging to the defendant; clerk is ordered to pay this over to the Counsel for the defendant to pay for his defense. Date: Spring term 1911 Date of: Order Folder: Criminal Actions, 1910-1914 Information: Appearance bond by Ottis BROUGHTON with Asa LEE, bondsman to appear and answer a charge of larceny. Back: Oath by Asa LEE that he is worth his homestead and all of his liabilities and $200 over and above. Date: 4 Feb 1911 Date of: Bond Folder: Criminal Actions, 1910-1914 Information: Summons for J.L. SCOTT to appear and testify in a matter in which the State is plaintiff and Ottis BROUGHTON is defendant Date: 17 Apr 1911 Date of: Summons Folder: Criminal Actions, 1910-1914 Information: State vs. Ottis BROUGHTON: Complaint by James ATHERLY that on 23 Dec 1910 that Ottis BROUGHTON broke into my house in the nighttime and took my trunk and all of my deeds and papers and $369.30 in cash. Bottom: Warrant for arrest of Ottis BROUGHTON. Back: Witnesses for State: M.E. BROUGHTON, James ATHERLY, W.B. SHINE, Willie SHINE, Mrs. Annie BROUGHTON. Witnesses for defendant: Clarence BRINSON, Benj. BRINSON, Asher BRINSON, Chas JOHNSON Date: 26 Aug 1911 Date of: Complaint Folder: Criminal Actions, 1910-1914 Information: Jury presentment that on 10 Feb 1911 that Wilson BURRUS did by threats intimidate Z.V. RAWLS who was a state’s witness against BURRUS in a criminal action, and did undertake to prevent RAWLS from acting as a witness. Date: Spring 1911 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Summons for Lisha FULCHER and Chippy CANADY to appear and testify for the state in a cas in which the state is plaintiff and Levi BRYAN et al are defendants Date: 24 Oct 1911 Date of: Summons Folder: Criminal Actions, 1910-1914 Information: Summons for J.R. RICE to appear and testify on the part of the plaintiff in a case in which the State is plaintiff and Wilson BURRUS is defendant. Date: 18 Apr 1911 Date of: Summons Folder: Criminal Actions, 1910-1914 Information: Presentment by jury that Levi BRYANT and Hattie BRYANT on 15 June 1910, did kidnap Caledonia GRAHAM. Back: Witnesses: Adeline WIGGINS, Daniel MIZZELLE, Becky MIZZELL, Jess WIGGINS. Not a true bill Date: October tem 1911 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Pamlico Co. and Adaline WEAKINS vs. Levi BRYANT and Hattie BRYANT: Complaint by WEAKINS that on 15 June 1910 that the defendants did steal and kidnap her daughter and went to New Bern, where he has kept her ever since. My daughter wants to come home and they will not let her come. The girl is only 13 years old when they stole her. Date: 13 Oct 1911 Date of: Complaint Folder: Criminal Actions, 1910-1914 Information: Presentment by jury that Lemuel CASEY spoke words against Ollie CASEY that amounted to a charge of incontinency against her, and maliciously attempted to destroy the reputation of an innocent woman. Witnesses: Ollie RIGGS, Esther HILL Date: Spring term 1912 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: State vs. Lemmon CASEY: Complaint by A.C. RIGGS that CASEY slandered his wife. He called her a bitch. Below this: Warrant for arrest of Lemuel CASEY. Date: 25 Nov 1911 Date of: Complaint Folder: Criminal Actions, 1910-1914 Information: State vs. W.K. RUSSELL: Complaint by N.B. CAROON that W.K. RUSSELL willfully seduced Rena LUPTON under promise of marriage, she being an innocent virtuous girl prior to that time. Bottom: Warrant for arrest of W.K. RUSSEL. Witnesses for defendant: Will MILLER, Tom MOORE. Back: Witnesses for state: C.T. LUPTON, H.A. GASKINS, Rena LUPTON, Nels CAROON, Morris CAROON. Warrant was forwarded to Horry Co., SC to make the arrest. Date: 3 Aug 1912 Date of: Complaint Folder: Criminal Actions, 1910-1914 Information: Appearance bond by W.K. RUSSELL with E.J. WHITE, bondsman to appear and answer a charge of seduction. Date: 7 Sept 1912 Date of: Bond Folder: Criminal Actions, 1910-1914 Information: Affidavit by W.K. RUSSELL that he is informed that a juror, S.W. TINGLE, before he was impanelled, said, in the presence of Clyde BROUGTON, Joe BALL, Son DANIELS and others on the morning before he was called as a juror, that the defendant was guilty of the crime charged against him and should be convicted thereof. When the juror was examined by the defendant’s counsel and asked if he had formed or expressed the an opinion in this case, he said he had not, and the juror was passed. The jury has now convicted RUSSELL, and he alleges that this juror was not a fair juror and that the verdict should be set aside. Date: Oct term 1912 Date of: Affidavit Folder: Criminal Actions, 1910-1914 Information: State vs. W.K. RUSSELL: Statement by G.W. BRINSON, JP, that he heard this case and believed that there was probable cause for conviction, and required the defendant to give bond for his appearance at the next term of Superior Court on 21 Oct 1912 Date: 7 Oct 1912 Date of: Statement by JP Folder: Criminal Actions, 1910-1914 Information: State vs. W.K. RUSSELL: Statement by C. LUPTON in response to affidavit by W.K. RUSSELL. States that on the morning of jury selection (21 Oct 1912) that he was on the train from Ashwood to Bayboro. He remembers when S.W. TINGLE got on the train and that he sat next to TINGLE all the way to Bayboro and talked to him part of the way there. The case was not discussed at all, and he does not believe any such remarks were made. According to his best remembrance, TINGLE was not questioned by the defendant. Date: Oct term 1912 Date of: Affidavit Folder: Criminal Actions, 1910-1914 Information: State vs. W.K. RUSSELL: Statement by presiding judge E.B. CLINE. The affidavit of W.K. RUSSELL asking the verdict be set aside was presented at 12:30 Friday night. The trial had begun on Wednesday afternoon and was concluded at 9:00 Friday night, when the case went to the jury. The jury returned a verdict of guilty. The counsel for the defense was heard at some length, then the defendant was sentenced to one year’s imprisonment in the State prison. The judge had stated that he was forced to leave on the Saturday morning train to meet the next court engagement; he proceeded to transact some business and had risen to leave the bench for the term when the affidavit [from RUSSELL] was presented. At about 1:30 AM the affidavit of C. LUPTON in answer to the defendant was filed. The court had no opportunity to have the affidavit of Clyde BROUGHTON, Joe BALL or Son DANIELS whose names were mentioned by defendant, and could give no hearing to the juror T.A. TINGLE, as he had been discharged and had gone home. Under the circumstances, being without further evidence upon consideration of the affidavits the court finds the following: a) that the juror T.A. TINGLE had not formed or expressed an opinion about the guilt of the defendant, b) that T.A. TINGLE was a fair and impartial juror. The verdict is upheld, and the prayer of the defendant to set aside the verdict is set aside. Date: 26 Oct 1912 Date of: Statement by presiding judge Folder: Criminal Actions, 1910-1914 Information: Presentment by jury that George WHITFIELD on 15 July 1912 neglected to provide adequate support to his wife Mrs. George WHITFIELD and their children, and that on that day he abandoned her without adequate support. Witnesses: Ulyses CARAWAY, Lindsey POTTER, J.F. PARTEN, James CARAWAY, James SAWYER, D.M. OLISON, Isaac SWINDELL Date: Spring term 1913 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Presentment by grand jury that Hardy GUYNN on 21 Oct 1912 did unlawfully dredge oysters in Nuce River in boundary that is prohibited. Witnesses: W.G. DIXON, J.L. SLADE, P.W. EVERETT, A.H. STEPHEN, all of Township #5 in Pamlico Co. Date: Fall term 1912 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Presentment by the jurors that on 21 Oct 1912, Harry GWYNN did unlawfully catch oysters in Neuse River with scoops, scrapes and dredges, being between the dates of 5 Apr and 15 November, that being against the law. This took place above a line drawn across said river from Pierce Cr to Garbocon Cove and west of the line. Witnesses: W.G. DIXON, J.L. SLADE, P.W. EVERETT, A.H. SEVENS Date: Spring term 1912 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Complaint by R.B. SPENCER against Joseph BALL, Sam GATLIN, Wm. GATLIN, C.E. BRAY that on 7 May 1912 they disturbed Merritt High School by interrupting the school work and insulting my assistant teacher Miss Ethel FLOWERS. Witnesses: Miss Ethel FLOWERS, Miss Neva FLOWERS, David SAWYER Date: 7 May 1912 Date of: Incident and complaint Folder: Criminal Actions, 1910-1914 Information: Presentment by jury that Joseph BALL, Sam GATLIN, Wm. GATLIN, and C.E. BRAY, on 7 May 1912, did willfully and unlawfully interrupt and disturb a certain assembly, to wit: Merritt High School. [Note: this presentment is on a pre-printed form that is intended to indict people for interrupting places of worship, so some words have been replaced to reflect that it’s a school, not a church. The exact wording of the original is, “…wilfully interrupt and disturb a certain assembly of people there met for the public worship of God within the place of their assembling, to wit: within a certain church known as _______ by then and there making divers loud and indecent noise and tumults, and by then and there cursing quarreling; all of the said disorderly behavior being during the performance of divine service in said church…”]. Date: Spring term 1913 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Depositions in the case against W.K. RUSSELL: Mrs. LUPTON: I was engaged to Will RUSSELL last fall a year ago. He promised to marry me on the Wednesday before he ran away on 26 July. It was on the promise of marriage that he seduced me. He promised to marry me since he came home Xmas. He has been constantly devoted to me since he came home, and I have received letters of courtship and love. My condition is now I am ruined by the promise of marriage by RUSSELL. He knew I was in this condition and he promised to marry me and ran away. I told Mama, Mr. LUPTON, and Ceten ALLEN. I was Rena CAROON before marriage and 22 years old, was married May 3 a year ago. I married a young man named Lupton. I know Seter BASNIGHT and have been with him, but not in 8 mo. I did go with him before I was married. I know Ralph DANIELS and have been with him while he was at school. Only been with him at one house, have not been engaged to Ralph DANIELS. Do not personally know Annie JONES. She has not been to our house that I know of. Q: Do you remember going to prayer meeting to Trent with Seter BASNIGHT? Ans.: If they ever had any prayer meeting at Trent I do not know it. Have been to church with Seter BASNIGHT at night, but did not come back by the horn (do not know where Joe Lewis Landing is). I do know Laura WHORTON and Joe CAROON; he was my brother. I remember signing the paper but did not know what I was signing; I was too young. Was in conversation with RUSSELL Sat before he ran away the next Friday. He ask me did I tell Mr. LUPTON that morning when he went to New Bern what he said night before. He said did you tell him last night that I was going to marry you. He also said Mr. LUPTON took him on such a surprise that he did not tell him anything but am glad you told him then. He said when do you want to get married, Rena, and I told him as soon as he got ready. He said he’d be ready next Wednesday. I never told him to leave the country He knew who had to bear the blame. Did not send Ralph D. to Dr. to get something to prevent this trouble. Ralph D. did not tell me he would leave if RUSSEL did not. Lived in New B when married, stayed in New B about 3 weeks after husband died have stayed in New Bern at various times since; I go to New Bern about twice a year. Never kept company with any young man; last time in N.B. did not keep company with man from N. Jersey. Was engaged 2 years ago to take effect when he was through school. He came home Saturday and I saw him the following Monday. The crime occurred at my own home. He is the man who committed the crime. I stay with Mr. LUPTON when in New Bern. He did not have no fuss with young man over me. I told my mother the first one of the crime, told no one only those who asked me. No I did not cause the prosecution, do not know who started it, did not get out any papers, do not know that Mr. LUPTON got out the papers and went to SC after RUSSELL. Did not tell Jim STOW anything about it. Did not go to Jim STOW to examine me as he was no Dr. He [RUSSELL] told me when he came home that he was not going to school any more and that we would be married in the fall. While he was away at school I received letters from him; I know his writing and know these letters to be written by him and received them by US Mail. Miss LENARD testimony is absolutely false and a lie of her own make. Testimony of defense witnesses: Will MILLER: Have known RUSSELL 8 months. Known Rena LUPTON 2 yrs. Know Seater BASNIGHT. Have been to Mr. CAROON’s and called Seater BASNIGHT; did not see BASNIGHT go there but was looking for him and went there to look for him. I saw Seater BASNIGHT leave there about 3 PM. Mrs. LUPTON did not say anything at all about it to me. Mr. ALDRIDGE: Corroborates Mr. MLLER. Mrs. LENORD: I know Mrs. LUPTON and have for years. Was friendly to Mrs. LUPTON. Went to Trent to Church ab 6 yrs. ago about 6 of us went to Trent. I saw 2 people, Seater BASNIGHT and Rena CAROON; they were in the act of sectional intercourse; seen one other with her but do not know the man. Have received this letter & other letters postmarked at Ashwood. Has not made any statements to me, she or Seater has never talked to me about this matter. Moon was shining and was very close to me; they did not stay there when they saw me. Date: Not dated Folder: Criminal Actions, 1910-1914 Information: Additional depositions in the case against W.K. RUSSELL: Mr. LUPTON: Sometime last fall Rena told me that she and RUSSELL were engaged and would be married this fall. He wanted to wait until he finished his education. I talked to RUSSELL; he said he was not prepared to marry her now but he would do what was right. I ask him if it was right to ruin this girl and called up his uncle who is dead now. As I was called to the phone he came to me and told me he was going back and fix the matter up. Am the Father-in-Law of this girl, chief of police New Bern. She resided at my house about 6 mo., but am not positive. First I knew of this seduction was in July. Did not threaten bodily injure, told him that he and I could not both stay in NC unless he marry this girl. She left my house to come to her home. Never had any trouble with any young man over her. I am not the prosecutor; her father is, and I promised my assistance. Did not never investigate her condition took her people and my people word for it. Mr. GASKINS: Have known Mrs. LUPTON for 15 years and her character is good as far as I know. I tend to my business and do not listen to gossip. Live next door to plaintiff. Know Mr RUSSELL and as far as I know his character is good. Date: No date Folder: Criminal Actions, 1910-1914 Information: Presentment by grand jury that George WHITFIELD on 15 Jul 1912, did whip his wife & drive her away & she has been living anywhere she could since. Witnesses: Ulys CARRWAY, Linsey POTTER, James CARAWAY, J.F. POTTER, James CARAWAY, James SAWYER, D.M. ROBERSON Date: Fall term 1912 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Presentment by jury that on 15 Jul 1912, that George WHITFIELD did club his wife Mrs. George WHITFIELD. Witnesses: Ulyses CARRWAY, Lindsey POTTER, James CARAWAY, J.F. POTTER, James CARAWAY, James SAWYER, D.M. ROBERSON, Isaac SWINDELL Date: Spring 1913 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: Presentment by the juror “that George WHITFIELD, yeoman, and Martha CARRAWON, spinster, being lewd and vicious persons, and not united in marriage on the 15 day of July in their of our Lord one thousand nine hundred and twelve and on divers other days and times, both before and after that day, at and in the county aforesaid, did unlawfully, lewdly, and lasciviously associate, bed and cohabit together, and then and there did unlawfully commit fornication and adultery, in contempt of the holy rite of matrimony, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the state.” [This is a pre-printed form, and all of the area in quotations are printed on the form; underlined words are blanks to be filled in]. Date: Spring term 1913 Date of: Presentment Folder: Criminal Actions, 1910-1914 Information: State vs. John CREDLE: Complaint by H.L. GIBBS that on 14 Jan 1914 that John CREDLE did catch oysters by dredging in Bay River or a tributary thereof, contrary to law. Back: Warrant for John CREDLE. Date: 1) 14 Nov 1914. 2) 14 Jan 1914 Date of: 1) Complaint. [Note: The month of November is not consistent with the date of the occurrence and warrant. See the next entry]. 2) Warrant Folder: Criminal Actions, 1910-1914 Information: State vs. Alonzo COOK: Complaint by H.L. GIBBS that on 14 Jan 1914 that Alonzo COOK did catch oysters by dredging in Bay River or a tributary, contrary to law. Back: Warrant for Alonzo COOK. Date: 14 Jan 1914 Date of: Complaint and warrant Additional Comments: Pamlico County Criminal Action Papers 1875-1914 (Broken Series) CR.074.326.1 File at: http://files.usgwarchives.net/nc/pamlico/court/papers919nwlb.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 148.2 Kb