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HomeMy WebLinkAboutHabeas Corpus Petitions 1877-1908Habeas Corpus Petitions 1877-1908 : Spin Hee EU) ON en UY Yorvery (yo ON A (ole Peeve cate Vireo oO LC ak epee 7t A Goweerec—- \/ Jar. loc < — “4 a pce Ze te. jer Hen é Hh? yn. o c< 2, a4 7 7 (7 Mle (ig ee eee Are-~n~y Lk ~ > te \ an ey (co res Seated eee © Cn~ Are : | Z thease Yhit> 2 Oe a pee fox OF on + ee ti a _ aa . , 5 fee a~ of Yn Pie Pe ee OO ye ‘ | pewter, Pde foc err. thie COOK orn | a eee La A. 7 Ogee 1 - | Agzpec<ertC 4 be OR es j rj —S a 77 $ wont — (is Ca ne a —— cag oe _ = : a “ ms ao. CLrtweeh oe ~ ec! eel a ae “1 Oe ae. 8 | fo V/A \— LO. We a.tec LO_ex z (le Ce o£<4.~ L —— (oe I aE <a Le, cama CAG a. . - \ : fo a ) Li Ye BeeCc ( bee ae Li (pe eo a ae | Qa*- e€ X Coe4 ee eee Aa. 2 a, CO a V pln 7+ ao v a ba PO Fee 1 fer~en-7 ea t er ear 70. ee ee lee Chee, a Li Sere Loree ce ia Poe aces x ~ oi Genel “CPP i ee ; Loam Zar} Cr-e, ov teeuy C Vo re <c Cn... —- EC a ae Ze 7" | C7 es es. Jaffe stat 2 he RI oe Bo fk... 0 Cx. 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Leas ee Swett <cc Ta Class Ze “hae foes ae |Z VA Ley Chen 1 | See £4 Comers eczeel zy) ok Went Leal feceg Ce Ercceres | Meere hed Lyi Klee pecreler JAeclsetcce fT les Atal ~ Ge~2€S, “Ll Ahaect t21021<60e2n SC? zHp, Fe oy | LAPS ee bangect lS. 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Ahk he ln lic cue Kfh exch prc te a ae ae A tnt Bn Hence Quen for he ES DEES OT bruh pay Bey & Ce ec ee CE Chose. wer ate hen fetraoo ot Akiureccsze atk | olece Hee a Lec Foren _ So. <~F" a. Ye Pane Feel PEs 6 Pee ene FT — , Mizccre eat k Ae ace O a Catheters , fang 2 ered Ore ae tn Co 7 ieee E ei” a “Braz sng 29 Cc SD al Lee eee Chgey Be J? Pe weve Fi Prete fl | MA ante Ly ce oe copes ae oy Ae Ot oN V9 RK ei Bast “34 £9 hen a Form No. 1. THE WESTERN UNION TELEGRAPH COMPANY. 21,000 OFFICES IN AMERICA. CABLE SERVICE TO ALL THE WORLD. This Company TRANSMITS and DELIVERS messages only on conditions limiting its liability,which have been assented to by the sender of the following epee Errors can be guarded against only by repeating a message back to the sending station for comparison, and the Company will not hold itself liable for errors or dela, in transmission or delivery of Unrepeated Messages, beyond the amount of tolls paid thereon, nor in any case where the claim is not presented in writing within sixty days after the message is filed with the oe for transmission. This is an UNREPEATED MESSA E, and is delivered by request of the sender, under the g6nditions named above. THOS. T.,.ECKERT, General Manager. ,~4 NORVIN GREEN, President. ED MH of) Sapl = de RECEIVED: | — Mek Sis Dated be “/ ™ STATESVILLE, NG, Form No. 1. THE WESTERN UNION TELEGRAPH COMPANY. 21,000 OFFICES IN AMERICA. CABLE SERVICE TO ALL THE WORLD. I This Company TRANSMITS and DELIVERS messages only on conditions ee liability,which have been assented to by the sender of the following message. can be guarded against only by repeating a back to the sending nm for com m, and the Oren will not hold itself liable for errors or delays in transmission or delivery of Unrepeated essages, oon the amount of tolls paid thereon, nor in any case where the claim is not presented in writing within sixty days after the message is filed with the Com for transmission. This is an UNREPEATED MESBAGE, and is delivered by request of the sender, under the conditions named above. THOS. T. ECKERT, General Manager. a NORVIN GREEN, President. ——s ; NUMBER SENT BY REC'D BY | F})- RECEIVED :t itatesv! Dated To STATESVILLE, N C. Mates Le | With hv acolecas Wate Atl Merete, : “ He Uereval Me 16 Moores fp Pe Chi fuctleen off Acts, £ Sniz lars y Rach kbarecs be (@t2fek elk, chery ci eae | paw Ahk Ae he oni Gooht Lrg ea Lit frreccizr.te Lu tha Crs Jak ff bedi | Lake 722 VAS, DE ye ee Cha—7-A N 2ck~ Drece hee Cero teeth dD” Lex 7 (Leeehe | ig id Z Gere Ce Dn A Carrel Ltt L& y faced Catacl Le et A CoGfiry eG Go LI buck LicPt . T Sork Ae eee forerinincer K lack fe LLoorey | co tthe gy aX Ss fi liber ner Cec ake by chy [ree Q. Prorerre 7A. ae VO west: ¢ Pee Fork Bk egrce > x he fee hse che | Lot be Mrnwe tt Aa eg eae OAK, Lt> 3h, iy Py Ve be Beg O-2ek Greet. ote Loney Ole Lh b. Kes ye Cro22t0<4 the 0 ! lot ck Pek leoey fe Lo ffi Lz Ake hep eh 9 he aeerfrccome Lt Kas nk ae a ce a | an & coy Brel f hshia, oh . Mach 4, nhly f the cach, / : 7 fter [] tier 2 Lileces > Cra<y~ fe<yz dpa L Ke? fs a “sh. Vf Cy ICrhau. Lo ke Anita - Kh Pak Brite Arg tines Mi. L aoe an 4 £-3n = qr L Korey oe lA fT Fee eo anak CACewT pte Onl he =x. Be gt PL xk Bear Sa Zee Fes win eee eee Zeew) Alen, f22 A . & ee cee A aes “eK L cee . A 7 Av An lhei 2 KKic. Ce 1§7 6 | LW. Low Mt ype: en 8 ~~ en / a _* cn STATE WARRANT.—Printed and for sale at Tus Lanpmarx Jon Orrwe, Statesville, N. C. State of Horth Carolina, we Md... COUNTY dhe di against the form of the statute in such cases made and provided, and contrary to law and against the peace and dignity of the State. Subscribed and sworn to before me, North Garolina, eYeex<ex... Gounty, ee, ao€. Township, STATE OF NORTH CAROLINA, To any Constable or other Lawful Officer of You are forthwith oo arrest. ~“.....% safely keep so that you bave - ; iy come vebet to answer the above complaint, and be dealt with as the law directs. magistrate of said county, immediately, Given under my hand and seal, this aS Sp} Affidavit, Warrant, BA DL se Spbpena, Ltd ognizance, —— Judgment, Bond, Continuance, ~~ aay PNDAINS Witnesses, be ie he Hib clea tS Basie oe bee A, 4 fast | oie | BE Vota paem paige LEY. 2) nee ae 7 ins Ym Ke x tpi ea Bg | 7 ora i, | State of North Carolina, Executive Department, Raleigh. April lst. 1896, Sheriff M. A. White, c/o Sheriff of Caldwell Co., Lenoir, N.“., Dear Sir:- Warrants of extradition have been issued for R.L. Doug1ls fugitive from the State of Virginia, for the crime of murder and horse stealing. This Department is informed that a writ of habeas corpus has been issued and the fugitive ordered to apvear before Judge Brown, at Lenoir, Caldwell Co. on the 3rd. instant. You will please have the custody of Douglas awaiting the determination of the writ of habeas corpus , and if he is not released by the order sion semen — me of the Judge you will then deliver him as per my warrant of extra- dition to the agent, W.G@. gnaldwin, who is duly authorized to receive him and to convey him to the State of Virginia for trial. Very respectfully yours, Governor of the State of North Carolina. |e on a > at fio MK. Runglo a fr oer f+ —f , prtcerarFt rr oe ito t_ fr Lex pcan, o~€ (27 Arp He Lome Oa Oe pe Lt ene ON nn en Es LZ Ga Prelit Cin, om H See ee z tor FE (E97, “oh fad opanne pin her Docttuin, Dec ctace ZS. a | Prepeecateel b, “akh Tecnin (these (upg) Auk pe dhornink- Mea fly ZEzIEI7 | 2 | Zs YG Un Zed (0 bn €B 6S bo ica forte eth Cicerone Seca yn Ee pg cs | Coshece She cree Bet of {fi 2e@ nme Tae pone he 02 Shen wate! wn tr ee Tinery, eel Fee OE te EE keane, he CnTinty At Faw 77 | c? o> Cheek fat Fa By w Oty 7 4 Cteenwk£ luat>acul pele Crrrtin@ On y Lt ot e hy Og 4 pedielnig 7 Faw Ce a he nk 1, er the be. thirOhar se nly bennncs Zove er ee nas lh tae fol Gur fee i ee, Ze Iachey > co rape O77 ad 2 raged Firtle eee OIE 2 *7 EF ~ fete iar , ang he ata ca whan Yul de 3IT- Cor I henenth | frrectuee He lev 4 Forrerdn Chass . vin fle Cod Thee She kee ony Qudsd, on Merper 9 he Creme pt of Dinter Cal Ay wiehis fe Orikanad dalerwss me by YP Yprany Corrnes of om Canals ah he ben desbact Cememen gated IE . wy Cast bay “he Gat Jacans Dmeek— Oh. ees ond Snnsne . the je tee pms EY, de Chap f radu Col ale Foe Bom | PA haat me ype re he boty of Ges Lafuriek, Kummny frat Hak duck Pol cross Corns te hed dee by partie nrmencelaiet boy Riche erred | Haut Foanrnin Com J hk, ddviun hi. bedecs Wr yew deo prgrmsd tiny Loar Y trek uth | mf + (he fe arkd uoforr the | e Kerrey pre cee hs ; A , . AYtrA»S he At AALS TAA, Ae Pees LL | OMe. ow k fhe ber Ku set fom LD fomahs (eee ohne Ha: ee — , ye “a 2 = i: 2 L. . anon he ts we | —~ . \ L cv Orrarcclerco cL COs. ty 7 awa | MIO Gwe yg, cero | Adie ihr SH AG. S lh a 8 Y ‘ . = | Jorn. Mela | daw aye CA #0 hae ot hteleer j Uy SO oe a Za Vigedafill 6 oho Parc Anglo, ty. deca Meee aA ety ae a a sa sans a eee i — ae He the 4 oe BET Feed figt Cece ¢ xX y ” Se | Lg We Oat. : | Cee i. Whew lewean | ew Gaeta A oo f ohan ten medi ity | i - | LEE: : io af’. hace thet ao yo ee Ey iy "Goa lin ¢ 4p ia ea ee Ske. ! Ghee DAll ee Cagte — sates | LT 06 Bela | ate Cate, awe Ga fad rae Lb Sag | \ | Lg. Lak, | t (2 a lLwth Id iw Wee — tee Meat Rak ACOA 66 fit. ve = | . | | KL. gs Sale A KL Aa EME Cie Bee PB v7 0 af 6 fe Soe tere 6 XK /b- Na thee PL Netchil our hee A hae LOC ir Viukay- J JO Et MLC le Bis cae ae i load gies 4f Vite aoe wee eioiianiaetl hae Vad ede Ane A hige lee th 67 ‘Veen xhe g Laer hin Z- (Sale at Gong then A deer CHRD _ Vi Kreg Mfpet tu ~ ! GHEY Bee Lectin DP Loa fc. Cie. /$=| bi bea be Get ia J | Ltda CGE Aw. ad og | V0 gel byt 4 ; = si | 1% elf 7 | Liecagest (LOte— Yr OO een clog, C ve Sas se i code oG~ a ae ew — i, | b Orgee " f, Pas i ~- Ly ge fa © ee ee, be Lat Vi pee L00AE. [lbp ctee - ackaton Utlirhns, CK. (1 wufantl —— wWserg “ f jter Caco Lyle aed Liececed eee aLerwcert Cagt) 30 -Lay. VGA at Dtlirers 2 om —— oon it) ts CAG, Bb, ens i eho teal Vipe et te. ~ 4 ZS Cart LI ha ee eee coger egaras . le ‘ f THE. Raioyne haeeie tie - EP fp - = aor CIA MOP LA MD (Al pt COTE TZ Po OK IB (tite ave pie Fi x La & e, Lie Gerding FLtleceep -(oe~ hd hb a Cattle Geel far Late. Lat i ee . ig a (61420 dlockiae : bas at tee . Cp-Leves Compo Aoe-7 \BaYrtheg Aacn ffrow Cf COLE LL OG Pci | Ot 9 h. KL arae. . 20; Thee. kare - Latin av beer. ~ | x CX y SX) CAD oe Zo ZL Poe S a hee es Let for ye : Sy a ne ate el Ot A eR Re State Warrant.—Printed and for sale at Taz LanpMaek JoB OFFICE, Statesville, N.C. 8-15-’94-1000 ———— State of North Carolina, Vhnatl ad ).......TOWNSHIP. - A annk.chatJ......COUNTY. sees By, Che. | yout Meher 4° les’ A hex odes being duly sworn, complains and says, < ehat atand ! in said county, and in. Bh Gin ... township, on or about the. J f.....Aay of. M2. —189. = pee ee eo Grnsct = did ietetiere and palais: fas 7 =<, Ly. ee L. hee h). AB... a as. 1 Marile i Rp Be 2. LOG eee t Bn. PP GH pole le Abd: afral or against the form of the statute in such cases made and provided, and contrary t the peace and dignity of the State. P ry to law and against Subscribed and sworn to before me, the....2...‘7Z..... J Zi NORTE un, - fe oh. Lv. iy, Eke bo v- “them. STATE OF NORTH CAROLINA. To any Constable ar other Lawful Officer of..... brig MMcounty—¢ REETING: You are forthwith commanded to arrest...... M.. LG pa. 2. Ah. phere... and. Maser Pike safely keep so that you have. fren. -before me at my office in.. Atte} eee or some other magistrate of said county, immediately, to answer the above complaint, and be dealt with as the law directs. - Given under my hand and seal, this..&2 Le day of... AION vin oes sno -«,--- 189. a a po an pep Nyllessd. P. (Seal.) - “7 SUBPGNA FOR DEFENCE. SUBPQGNA FOR STATE. . eee Wcocs cece lecstcieeseveaccecectcesescencesse eeeereee i aOR a at oma tegen ‘NYOALIY Sua Fe preca Beef Fe i “AYOdd a sna shy fovrg ~ YOu oe *‘SO880UFL A\ ‘gouBNULZUO? © - ‘phog ¢ ‘juemspng -, ‘eoUB ZN BOI, ‘euadqng * “QUBIIR A ‘AVP Ul SAH80U}LM 33BIG Buimoyjo} aq} f AzUNOD yokseg evs vavaNeed su ksaviacdzeonennponcecays “Jo qanog POPC e reece Cree rece seceserereceeseereesess “eat ‘U8, 09 souBsIUZOIeY 8-15-’94-1000 State Warrant.—Printed and forBale at Tae Lanpmagx Jos Orrice, Statesville, N.C. State ee North Carolina, t. LH i. Jobe TOWNSHIP. COUNTY. against the form of the statute in such cases made and provided, and contrary to law and against the peace and dignity of the State. Jubseribed and sworn to before me, day of.. OG eppes , 189. 9 You are forthwith commanded to arrest... 4 44.. s safely keep so that you have.. 44-42%: /.before me at my office in... other magistrate of said county, immediately, to answer the above complaint, and be dealt with as the law directs. ; Given Baoan my hand and seal, te ZS ...aay of. A €..C4 eens Renee 189.7 A... Bang amaaca ceccesee J. P. (Seal.) SUBPQNA FOR DEFENCE. SUBPGNA FOR STATE. wt “es 2 L ‘quod * - *gasseuqlA, ‘dUBNULPUOD - ‘puoy ‘yueulspor ‘aoUB ZU FOI ‘euadqng “FURIE MA “‘HABPHV Ul SANIT IM 93BIG BuULMojjo} aq {AZuUNOD sehessovscph esa esepuesencseiusaeeces-ovinstcvanes Jo 44n09 “"68T ‘Way, 0} souBzlUdOI0Y i 4 a :) wieloaca 46 “ - Ps eta i e AZ of: i 7 / * A ?Y9 ( W. AL SRern Shr ate ts tathy an bad Sft far good w basfavde Chto ma Gad Sate has/atel CBA Was born . of 0 C tan be /IGY " Kgolox ones B7 CB c9 3D on or Mboret LS F of tmarth [8G ava argasrno\ Jase) M71 C* Jraocer 4 YE ORS OS SOL EEG at ee fas farel Atel’ “ad, DYCs od, LA | (2: Lg2c 0) hr. 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YJ Coborish phe Su bere fol” hifom tre bbc 2’ 4 = hid L OV reacltsn the Pp PosEOUber'y, aa an Maas Doane ojsand 900 SL oe Loot? Baas Bhar - fa). : Lh) Cod Lae M ty a tian: . Foe ia ge es ll Be fob OO Ee Bap a S Caporad nr FS ae nas of. Sarl heerlen) — Aas A935 i ty the Courl a And j)vrnatv We oh. Jhr fa “on Mn avth AFG 5 DL hae And Le re} p fha HS EES) force tad carol ropres voided by Counsel Me foe bolt pracidinrg Ay kw bao a am olan ft Aes offtar 1 24 Renrg QD pemoval Son Ce reke SP, Polen OPO ST as leer lhar. (ovale LIE Ze Uy NET Ve Fede oF hort a4 Adereo 1 Fs ¢ Camus £ by p Aan loo) eat ls Lice: Lf Ghee he ona Lh by g pyc LF NEE Ar.) Solve! Lob 2, Mo Same ZY a Sart” soloed « anol Zc a heooman D Coun“) C q OES: lees ol Fu"™ wend 27 . 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OC q ua 4ack beet whe. he furl. | / ho Ur. “Ay Po ce gk | | ak oe Mube hew Oak "Yar Can Go | | Jen. ir aw a fr Pe ee es | Ler L- dhifpcr lA - jem fo mg Ro ete f rere do pre het hee | | « [acre kh L pry Z acesrfon- 7 Fivr~ Le _ | Said PWlocsey — Jee Ao. P70 on Aah L> it Gegu Ga foefec - Luk @acko ke tres ho | Aa Vi O77 Ae Org en thei EL al. | \Arh_ or ky anike 7K ae Ope vrve ey — COR 7 Pith EG ee firme Aff ako | | | | “Mos Gore Za brS ONE Qi oet Leg ee rh fife ft North Carolina, In the Superior Court. Iredell County. Before His Honor, T. J. Shaw, Judge. State -vVs- Affidavit of R. L. Moose. M. C. Moose. R. L. Moose being duly sworn says that on or about the llth day of August 1898 affiant was personally present at the trial of the case of State vs M. C. Moose charged with bastardy before J. A. Ingram, J. P., and saw and hearc what was done at the said trial; that M. C. Moose is the brother of affiant and affiant felt some anxiety on account of the said charge against his brother because his brother did not feel that he was really guilty of the charge, but was anxious to have the matter settled in some way so as to avoid litigation; that his brother's contention was that there were others who had had access to the woman making the charge, and that it was a matter of grave doubt as to his own guilt, but finally, under the advice of affiant and other friends, the defendant was induced to say to the said Justice that he would enter a plea of guilty that the matter might be finally disposed of, whereupon the said plea was entered; that thereupon the Justice said that he would require the defendant to pay such money as he then had and that he would secure the balance by a paper writing; in the form of a bond, and he told the defendant that if he would pay this money and sign this paper that ee he would discharge him and that would@#e an end of the matter and that ae he would have no further trouble about it; that the said Justice then and there asked the defendant how much money he had and the defendant responded that he had $10.50; the Justice thereupon wrote out a paper purporting to be a bond to secure the balance which he required the de- fendant to pay over and above the $10.50 and assured the defendant that by paying the said sum and signing the said paper that this would end the matter; said Justice repeated these assurances to defendant because the defendant was anxious to know what would be the result; that affiant feeling anxious the e matter should be determined in a way that his brother would have’no further trouble about the matter asked the Justice , for his own satisfaction about the matter, that thereupon the Justice Deponent further says that at the time that Roseman signed the ~— bond that the Justice suggested that it might be better to have some one else to sign the bond so as to have two but that he would leave that matter open and that he and the defendant would go and have some one to. sign; the defendant suggested Ben Stewart and R. M. Morrow, one or the other, and the Justice said that eitner one would be satisfactory. That some time after the Justice came to defendant in the presence of affiant and wanted him to sign up another bond and a different bond from that which had been given. Defendant declined to do this but offered to give the bond which he had agreed to give, that is to get another surety as agreed on, or he would pay the cash for the $26.50, but the Justice re- fused to do this and afterwards caused defendant to be arrested and sent to jail on the affidavit of the prosecutrix in another proc: eding, and put him in jail until released by this Court. At the second trial he refused to remove the case upon affidavit filed that he could not get justice before said Ingram and also refused, after judgment, to allow the defendant to appeal. Affiant isfurther informed that of the $10.50 that was paid in by the defendant that the Justice did not account for the same, and that the prosecutrix or her father enployed counsel to collect the same out of the Justice and was put to expense on account thereof. Affiant is further informed that the Sheriff's fees have not been paid by the said Justice out of the said fund so paid into his hands. (2) said to affiant in the presence of the defendant that "if your brother will sign this paper and pay the $10.50 that he will have no further trouble and this will end the matter" that thereupon his brother, the defendant, paid the $10.50 to the said Justice and signed the said paper writing so prepared by the Justice, which paper writing was for a bond in the sum of between $26.00 and $27.00; that his brother thereupon ten- dered as security one U. I. Roseman who signed said bond for the said defendant, and the said Justice thereupon accepted the said bond and re- leased and discharged the said defendant and no other bond and no other paper for the defendant to give or sign was suggested or demanded by ‘the aia Justice, and thereupon the said defendant and this affaant left the Court; that affiant never knew of any further trouble until afterwards he heard about the re-arrest of his brother and his confinement in jail at a subsequent time by the said Justice. H JS ———s Il re Ose. : Sworn to and subscribed before me this the 27th day of May 1999. Oe i Cee J. D. Carrigan after being sworn deposes and says that at the time the above entitled cause was heard before J. A. Ingram, J. P. that he happened to be passing the place where the trial was had and stopped there and heard what was said and done at the saic trial; that he was not a witness nor in any wise interested in the proceedung, and that he is no akin or related to the defendant or the woman who made the com- plaint or any of wee parties interested in this proceedin;-; that he has heard read the foregoing affidavit of R. L. Moose and has carefully con- sidered the facts stated therein; that he remembers the circumstances and facts as they oggured at the trial, and says that the facts as set forth in the foregoing affidavit concur with his own personal recollec- tion of what took place at that time. Sworn to and subscribed before me this the 27th day of May 1899... OL . + - C. Moose, the defendant, after being sworn deposes and says re that he has, read the affidavit made by his brother R. L. Moose foregoing, and that the same contains in substance all the facts connected with this transaction. and subscribed before me he 30th day of May 1899 “¢ 4 STATE WARRANT.—Printed and for sale at Taz LanpMark Jos Orrice, Statesville, N. C. 10-7-’95-1000 State of Worth Carolina, OPER. ~-ACOUNTY. ee ke cles against the form of the statute in such cases made a srovided, and contrary to law and against the peace and dignity of the State. Subscribed and sworn to before me, the. Zz Y =e a mre Nort Carol ina, County, Hh Lek STATE OF NORTH CAROLINA, You are forthwith oe arrest 7 ee IF e .........before me at my office in 2 safely keep so that you bave ... 189 7 ale P. (Seal) SUBPQGiNA FOR DEFENCE. 4 SUBPGNA FOR STATE. ‘NYOLAY Raa AO _f\ - ‘SaBROUZLAL ‘QDUBLLUIZUOD - ‘puog ‘juewZpn er ‘g0uUBZ1UBOIEY - ‘“euadqng *‘QuBLIBAL ‘HABPYV UL SASSIUJIM 9}BIG Sutaoyjo} oyg ‘ Lqunog JO qunog 68T ‘Way, 0} s0UBzZlUZOIsy Arey CH. (F498 Le Lf Oe Chk 1 J Deere a opted te bh te he =e BATE aS eae Sh co frecle. rg, As th Gat In Qinerny for, 1 EY Ona loin Pon 8 Goa ; “Natatnck, g fas gm OE Vsti ohne ky eal tions a i eS ee Sud ak alah dal C fasts Coley OT Pao Koorhe ———“el™ fr Cf’ a 3 news an AC, tv ho Que Yaa @ cli. fay ack tht cee ters me eee pe hha TAR fine x brn abi icg a Cow c5 (etek Chel Dh trriag Mi Otte JRO Mes) Clerk Ofer At peek Lh Grain foen) 9 av Coty gf KOs Po 3 EO 9 OTK flew BiG J b Oarinl D120 Hrow Shar wn sty “Ks Anne Kier 7 Ctex bo Ae oniu. leak, he Cacu by beir hich <p | arb hey be Oud aod Che aod “rf 4 Ch Oacrnr Gnidy fiw Binz a oka cs [pr Be Qnoin later, gait huh “BHuig | ® STATE WARRANT.—Printed and for sale at Tas Lanpmark Jos Orrice, Statesville, N.C. 10-7-’95-1000 State % Worth Carolina, Peo TOWNSHIP. against the form of the statute in such cases made and provided, and contrary to law and against the peace and dignity of the State. 2 Subscribed and sworn to before me, the....*. y North Garolina, <2. County, Claéz aude STATE OF NORTH CAROLINA, To any Constable or other Lawful Officer of You are forthwith commayded to arrest a) C Mary, ee OO res hax sasttseensene safely keep so that you bave 1 a before me at my office in. * or some otber magistrate of said county, immediately, to answer the above complaint, and be dealt with as the law directs. Given under my band and seal, thts....... ge / .. day of...... SUBPGiNA FOR DEFENCE. ® SUBPGNA FOR STATE. “S@BROUF! AL ‘goueniiquog ‘puog ‘yuawZpne ‘gouBZ1UBOIEY ‘guadqng ‘Quelle A “HABPWYV ° Ul SOBSAUZIA 9}BIG DuLmoyjo} ayg ‘ Lyuno0g JO 41n0) one een ) aed 7 0 Bp g “70. 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Thrk ef liiry ero | |Lonke ay Ki 2b Yaug £99 he Lluk 2 |e ge ae, , Ah Pye 27 | 457 7 tk oat fre eo BM G7 | Cae Cee peu LRA ya L Le » ofb~ le Gesses | Lbpw fer. and priebhe aerky of fito—t fo 1S yoo ph bonzy @enfky xf Wil aff: bark ee ee ee Fees | alleckit) ads on/ hi (8 “Meek 1577 CuI Afr Pr hLlhin is Le gee Prorshz | pv. ak akeil Line hy afeficer LL: Orrviec kh, Aute sets ZL Aig oz ho fern eer kh Ach grok OLewg a Creme! | ae. D- chrz Se Aker. Sat ep eg Ln pr. che herp athicipl Khe on fe | ArrcecL G20 Law Vo ee fr Le . for | Nels ler Chix Onankle eer af fi “ar.8 tz | Ac Corrs te mek cbfau fork + A das Cres fA fe gpa a. I aati chez he. Cace £. Qunerete L done ohe pole | | Aebit_t Lf he. Mk fire Occ! a | fiunyr J & beni Le 36S how, o Len fees eho A be C4 ach — frre, akeiih mbuigg | ee Vien Ka 00% yin Sp k Lar fun ole jo FF “7 we | | bine. Ls Anriear mw ets Bo dar te. Kear © oan abhi, ah Carn t Le | ; = 7 ie Prac — Hk I~ ka , AnwnwG hav ble. Henn wk Fo4, na Ga agaca 1 aw 5 169% Kd, Yee A Lee ner fr lilne, SJrrey , ame fo a ewnZ Ohir ff. Ma. Qnty Qt gtterteig Tre a L toa, ye Ahh Cu Vo hehe ln, hry tLe Oem (Fr ey Le ei ats Ac.» tule fp SIT ny 4. fn Sad IPE Hn Sony x ee sf Gli. 7 | fu Be Any Ta he a (PA) (PEO | en them rer © S OM ho YWhooer } } } i H i In the Circuit Court of the imitea states of America, For the western District of North Carolina. At Statesvillo- State of North Carolina. -). patition for Writ of Habeas Caura Cum Causa. —vVa- 1% oy ™. C. IeCoy. The petition of . C. licCoy, respectfully showeth to the court: That, he is indicted in the “superior Court of Tredell County, North. care— lina, woon vin, or indictrient preferred by ee ‘opand jury at August term — 1901, for an assailt. ‘and battery upon one J. Fe Tati, which indictment and oriminal proseoution so instituted is still pending against your pe- eak ener in the Superior Count of Iredell County, within the Western Dis- tricot of North Carolina, and that your petitioner in now wider a bond for his appearance at November term 1901 of said BBaRE Superior Court, where the said cause stands for trial. Your petitioner further shows that ABXABAUXXKXBAXNAKSHREXRABXSIAXXIXK at. the tine the alleged act for wnich he is indicted was committed he was a Imited States Demity Collector of Internal Revemie in and for the Sth Collection District of Hortn Carolina and was at the time in the dis- charge of his official duty as sich Deputy Collector, detecting the said J. ©. Tatum in violations of the Internal Revenue laws in removing spir= ite from tne cistern room to a place other than a distillery warehouse nrovided by law without the tax having been paid thereon as required by law- In view of these facts, vour potitioner prays that said cause ray — be removed from the Superior Court of Iredell Cmmty to the Circuit Court of the United States for the Western District of North Carolina at States- ville for trial and that a proper writ issue for the removal of said cause. And as in dutv bound he will ever pray. 7.C .NeCcoy, Petitioner. » T. C. McCoy being duly sworn says: That he is the petitioner named in the foregoing petition and that he » heard the rane read and knows the echeenen) thereof, and that the same is ra a - , @ oC MELOY, trite of his opm i. knowledge = | . iD _ Sworn to and subseribed before me this a the rath day of Vetober’ ‘1901. — . mS 7LLeOn, Glerk of the unerior Court , Porsvthe County, Aves ( Seal: of- Sourt) | I, Aw BE. Holton, Attorney for the defendant and United States MAorney for the Western District of North Carolina, do hereby certify that fF - have examined the proceedings against T. C. MeCoy mentioned in the foreoibe petition and have carefully enquired into all the matters se} forth ‘an Ree eS ee, the said petition, and that I velieve the same to be true. A.it .rolton, U. 5. Attorney. A true copy, m TCB%; 4 / Lp 0 Clerk, of U.S .cirecnit Court, West Dist of North Carolina. iLED IN THIS OFFICE, OCT 29 1001 = ScClerk, ei In the Circuit Court of the United states of America, For the Western Distriot of North Carolina. At Statesville— * state of North Carolina Oe eae: -va~ a Writ of Habeas Corpus tim Causa. % ae ' 0. alegor. gee HRN te ous Presicont: of tite United States of snerioa' Nts To: the Marshal of the Western District of North Garolina, Greeting: | eT ase ~ ’ ~ 2" vere . / It being represented to “Us that. there is nor pending in the superior: Court of tréde21 county's" ‘North Carolina. in the Western District of North Carolina, a certain CHUBE, wherein the State of North Carolina is plein~ tiff and T. C. MoCoy is defendant , charging the said T. 0. Mecoy with en assault and battery upon one J. E. Tatum, upon an indictment preferred by the grend jury at August term 1901 of the Superior Court of Tredell County, which indictment and criminal prosecution so instituted is still pending against the said T. C. McCoy in the Superior Court of Iredell County, and it further appearing that at the time the alleged act for whioh the said McCoy is indicted was committed he was a United states Deputy Collector of Internal Reveme for the 5th Collection District of North Carolina and was at the time in the discharge of nis official duty as such Deputy Collector, detecting the said J. E. Tatum in violations of the Internal Revenue laws in removing spirits from the oclstern toe place other than a distillery warehouse provided by law without the tax having been paid thereon as required by law. | And whereas the said defendant has caused to be filed in our Cirowit Court’ for the Western District of North Carolina his petition for the removal of said cause from the said Superior Court of Iredell Ccomty, North Carolina to the Circuit Court for the western District of North Carolina at Statesville, a copy of the petition being hereto ee These are therefore to command you to have the body of the said T. OG. MoCoy before the Cirouit Oourt of the United States for the Western Dis~ triet of North Carolina at Statesville to be held on the 3rd Monday in \ Ld in. April 1902, 40 be dealt with in the cause accordins to law and the ov- der of the said Circuit Court; together with a certified copy of the rec- ora in aia cause from the Superior Court of Iredell County, and that you make known’ to the said Superior Court of Iredell County by a delivery of a duplicate of this writ with a copy of the petition to the Clerk of the said Court by leaving the same at his office; that the said cause is here- by removed from tle Raid siyerior court of Tredell County to the Circuit Court of the United States for the Vestern District of North Carolina * at Statesville, and that further proceedings in said Superior Court be and tne same are “hereby quspended in saic cause, and that the Clerk of saic superior, court is raquired to Gort t the record in said cause to ’ the Circuit cbunt of ane-United States at Statesville in accordance with law. as ta “ Witness tine Honorable Helwikie We ee Justice of tne United States* Suprene | court’, this ppt of EC Ok APO, and a in the leeth vear of the Indendndence sne United States of America. Attest ; Sy Ae DeIVED e \ g y ( Su ay 190] Hl i q Ts, ; wwe wre North earolina Iredell County In the matter of G. M. Patterson Petition for writ of Ha- beas Cerpus. To the Honorable Frederick Moore, one of the Judges of the Superior Court of the State of North Carolina: Your petitioner, G. M. Patterson, respectfully showeth to your honor the following facts: --First-- That your petitioner is imprisoned and restrained of his liberty and in the custody of the Sheriff of Iredell County, North Carolina. --Second-- That the eause or pretence of such imprisonment or restraint, according to the knowledge and belief of the pe~ titioner is that in the State of South Carolina on the 28th day of March, 1898, one Bob Belk was killed and your peti- tioner, as ke is informed and helieves is accused of said homicide, and has been arrested and is restrained by the sheriff of [redell County, because of said alleged accusa tione Your petitinner further alleges upon information and belief that it is charged in the process of the County of Chester S. C.that ssid Belk came to his death at the hands of one Dan Wpchurch alias Nathan Upehureh, and your petitioner is further informed thet it is charged that your petitioner committed said felony under said name. ~-Third-- That the said igprisonment and restr#int is iZlegal for that your petitioner asserts that his name is G. M. Patterson ,. "that he has never assumed or used the name of any Upchireh, and that he has never during his life time been in the County of Chester, and State of South Carolina where said homicide is alleged to have been committed, and never committed the felony alleged to be charged against him; that the legality of your petitioner ‘s imprisonment and restmainthaés not been already ad~ judged upon ery prior writ of Habeas Corpus to the knowledre or belief of your petitioner. Wherefore, your petitioner prays your honor to grant to him a writ of Habeas Corpus to be direeted to the Sheriff of Iredell County requiring him to bring before your honor the body of your petitioner, with the cause of his imprison~ men and restraint, that the same may be inquired into,and ree SZ. Petitionere lief may be afforded to your petitioner. Attorneys. G. M. Patterson , being duly sworn, deposes and says, that the foregoing petition and every part thereof is true to his own knowledge, except as to those matters and things stated upon information and belief, and as to those he belie ves it to be true. Go dp P Lh JRL LLDOT ss Sworn to and Apbeedsves pefore me this the --4-- aay of June, 1907. State of North Carolina Iredell County In the matter of G. M. Patterson Writ of pabeas Corpus. State of North Carolina, to the Sheriff of Iredell County, GREETING: We command you that the body of Ge M. Patterson, by whatever name he may be ealled, now fn your custcdy and under your restraint, as it is said, together with the day and cause of his taking and detention, you have hefore #e -<<<~ . EEE SG dso Ssaunere=, one of the Judces of the Superior Court of the State of North Carolina, at the Court House in <<4e<e°"""™ Bu [G67 wan dey immediate ye after the receipt of this Writ, to do and receive all and singular such things as shall then and there be considered of him in this pehalf. And have you then and there this writ. Witness my hand, this the lst day of June, 1907. a Tih Laer. Judge Presiding and Riding the 10th © Judicial District, of north carolin&e North carolina Ircdell County . I In the matter of G. M. Patterson Petiticn for writs of Mane heas Cerpuée To the Nonorable Frederick Moore, one of the Judges of the Superior Cort of the State of North Car: lina: Your petitionor, G. M. Patterson, respeetfrully showethtte your honor the followin; facts: --First-- That vour petitioner is imprisoned and reat-ained of his liberty and in the enustody of the Sheriff of Iredell County, North Carolina. --Second-- That the eruse or pretence of such imprisonment or restraint, sacco-din; to the xXnowledge and helicf of the pe- titioner ts that in the State of South Carolina on the 2Ath dg day of March, 1898, one Bob Belk was killed and your peti- tioner, as he in informed and believes in accused of said homicide, and has een arrested and is restrained by the sheriff of Yredell Comty, because of said alleged accusa tione Your petitinner further alleges ‘yon information and belief that it is charged in ths process of the Countyof Chester 3. C . the snid Belk came to his death at the hands of one Dan Wpehurch alias Nathan Upchureb, and your petitioner if further informed that it 4s charged that your petitioner carvitted said folony under said name. a . i. Fe --Thi:d-- Phat the said igprisonment and restrain is 4Yleral for that our petitioner asserts that his name is G. HM. Patterson that he has never assumed or used the name of any Upchnucreh and that he has never during his life time beon in the County of ‘Chester, and State of South Carolina where said homicide is allezed to have been committed, and never carmitted the felon» alleced to be charged arainst him; that the legality of your petitioner 's imprisonment and restaaint has not been already af - Judged upon and prio’ writ of Habeas Corpus to the knowledre Oo: velief of your petitioner. Wherefore, your petitioner prays your honor to grant . to him a writ of Habeas Corpus to be directed to the Shorirt of Iredell Comty requiring him to bring before rour Honor the body of your petitioner, with the cause of his imprison- men and restraint, that the same may be inquired into,ahd rebe Lief may be afforded to vour petitioner. Potitionare Attorneys. 7 ; : G. M. Patter:on » being duly sworn, deposes and . Bays, that the foregoing petition and every part thereof is true’to his own knowledge, excap,t as to those matters and things stated upon information and belief, and as to those he belte ves it to be true. Sworn to and sbscribed before me this the ingle day of June, 1907. State of North Caroiina Irede?1 County I In the matter of G. M. Paterson Writ of rabeas CorpusBe t ‘State of North Carolina, to the Sheriff of Yrodeil County, GREXTING: We command you that the body of Ge Me. Pattersom, whetever name he may be ealled, now in :rour custody and under your restraint, as it is said, together with the dey and enuse of his taking and detention, you have hefore meee eee LUE AUE eee, one of the Ind-es of the Suportor Court of Lithivitt,, .- C.- the State of North Cnralina, at the Court Touse in “ese -<<she= bu A (=, LG0 “afe &- Tdenttreemery after the receipt of thin Writ, %o do and receive all and singular such things as shall then and there be considered of him in this behalf. And have you then and there this writ. Witness my hand, this the lst day of June, 1907. Jude earaian and Riding the Migarc.. th Judicial Dist’ict, of worth carolina. Charlotte Polire Department Gharlatte, N. a. Ce Sha othewrus Fi Drerif lies | LtpChureh eived at ties ek | Cie Wh Fite Viele - ctirt (RelA Lifehulth te 25 be OA. About— us -/0°**°4 digh- (44 Saul aia ad. / Cun (cu —- Aieigts SE ja. [Ge AC. ~ Park c1m he Metts JOM Eke Pena. L505 hog Atr0ed (~ U Deliver; aS = i Lis Relat ie Vuras uu-- ey. eC. han euplis County KD At 7) new-~ccbout 3y Betuns ot Ae iiheteees 3 “ond Cert. Tx PY. (Na ” Lilt Baru kid UY North Carolina--Rockinzham County. In the matter of G M. Patterson, charged with the felonious homicide of Bob Belk, in Chester County, South Carolina, in liarch, 1898. Je We. Wall being duly sworn deposes and says that he is a citizen and resident o* the town of Madison and state of North Carolina, and has been for yeard, and that d wing the year of the Spanish-American War, which was 1898, Gordon M, Patterson, a boy of about seven- teen (17) years old, with a defect in one of his eyes, lived with his uncle, S. A. Doreett, in the town of Madi- gon, North Carolins. Tns affiant further deposes and sayvs that sometime during the sprinz or summer of said yeur, the said Gordon M. Patterson, together with Jim Gray and Odie Gray went to Reidsville, North Carolina for the purpose of enlisting in the United States Army, ut for some reason the said Gordon M. Patterson was rejected and returned to Madison within a few days. . The affiant further deposes'‘and says that he is not related to the said Patterson in any manner whatsoever. Sworn to and subscribed befor North Caro lina---Rockinzham County. In the matter of G. MM. Patterson, charged with the felo- nious homicide of Bob Bel, in Chester County, South Carolina, in March, 18°8. W. C. Jones, being duly sworn deposes and says that he is a citizen and resident of the town of Madison and state of North Carolina, and has heen for fifteen (15) years or more, preere he has been and isAtil? engaged in the Mercantile busixe ness, and was a resident and citizen of the said town during fhe year of the Snanish-American War, which was 1898, and phat Gordon M. Patterson lived with his uncle, S. A. Dorsett huring the year 18958, and tht the said S Ae Dorsett was ayor of the town and agent for the C. Fo. & Y. Ve Railroad Cr . at this place, and that the said Patterson wor ed fae his uncle for te Railroad Comrany during the said year. The deponent further says thet Gordon M. Patterson, to- gether with Jim Gray and Odie Gray, «uring the spring or sum-= mer of 1893 went to Reiasvi’le, North Carolina, for the lies of enlisting in the United States Army, but for me reason the said Patterson was rejected and returned to Madison within a few days. The affiant further deposes and Says that he is not rela- ‘pa to said Patterson in any oever. North narolina--Roc*inghan county. In the matter of G M. Patterson, charged with the felonious homicide of Bob Bel<, in Chester County, South Carolina, in March, 183 °8, Lot Scales, colored, bein.; duly sworn deposes ant Says that he is a citizen «nd residdnt of Madison state of North Carolina, and has heen for a number of vears. That during the yexr 1897 he worked for S. A. Dorsett as a Sta- tion hand at the C. Fe. & Y. V. Depot in ‘iadison, North Carolina, and that during the year 1898 he worked in and around Madison, North Carolina, and that Gordon M. Pattersor &@ nephew of S. A. Dorsett, lived with aid S. Ae Dorsett in Madison, Nort’: Carolina curing the grexuter portion of the yerr 1897 and all of the year 1898, The affiant further deposes anda Says that Gordon Me Patterson together 5 Jim Gray and Odie Gray, during the /87 spring or ee to Reidsville, North Carolina, for the purpose of enlistin: in the United States Army, but for some reason the said Patterson w2s regected and returned of to Madison within a fe. days. The affiant f-rther deposes and says that Gordon ?:. Patterson 9s a tal1, slender boy about gimteen (16) or seventeen (17) years old, during the time he resided in Madison, AaAte> ? North Carolina--Roc*in-sham County. In the matter of Gordon M. Patterson, charged with the *alonious nomicide of Bob Belk, in Chester County, South Carolina, in March, 1898. Chas. 9. MeMicssel heins duly sworn, deposes and says that he is citizen and resident of the town of tiadison state of North Carolina, ani has heen for a numher of years, ani that he is an Attorney xt Law, Mayor of the town of Madison, wna Editor o* the Madison Herald, and that he knows W. C. Jones, Te J. Teague, and J. W. Wall, end that they are men of the hizhest character. The affiant further denoses ani savs that he is not reiated to the said W. C. Jones, T. J. Teague, or J. We Wall i The affiant further deposes and ‘avs that he knows Lot Scales, colored, and that he is a colored man of excep- tionally good character. The affiant further deposes and says that he is: not related to th: snid Patterson in any manner what soevere hk Ube 2eeecl ot Sworn to and supgcribed »vefor>: me this North Carolina,; Iredell County... > Im the matter of G.M.Patterson eharged with :; the feloneous homieide of Bow Belk in Chester: County,Soutn Carolina in E@reh,1898. : -~ J,Bailey Robeson, being duly sworn deposes and says that he is editor and owner of the Mooresville Enterprise and is a eitizen of Mooresville,N.Cc. amd has been for some time past, that he knows W.H.Long wery well and knows him to be a man of good character. affiant further says that he is not related in any manner to the said W.H.Long nor to Gordon ¥.Patterson. DL, | Sworn to and subscribed before me this the 13th day of June,1907. , as Mn Notary Publ - dommis ion Expires / QQ) North Carolina,. Iredell County.: Im the matter of Gordon M.Patterson Charged with the feloneous homicide of Beb Belk in Chester County,South Carolina in Mareh 1898. W.H.Long being duly swern,dposes and says that he is a eitizen and resident of Mooresville,N.C. and has been fer two years,where he is engaged as an employee of the Mooresville Enterprise as offiee ferenman. That in Mareh 1898 when Bob Belk was killed at the Lando Cottom Mill in Chester County,South Carolina,that he was living near the said Lando Cotton Mills and knew Nathan Upehureh. That Upehureh at that time was foreman of the spinning room and was about 5 feet,ten inehes in height and weighed about 150 pounds,had light reddish sandy hair and was badly eross eyed and freekle faced and looked to be about 25 to 26 years old at that time. That the said Nathan Upehureh was married and had a wife and one or two ehildren. Affiant further deposes and says that he has seen Gordon M.Patterson of Mooresville,N.C. and observed him closely ,ampmmakxxty simee his arrest and that he knows the said Gordon M.Patterson is net Nathan Upehureh, that the said Patterson locks to be over six feet tall and weighs eonsiderably more than the said Upehureh,that the said Pattersor is net eress eyed and has dark hair and the said affiant further says that frem his observation and serutiny of the said Patterson that he swears most pesitively that the said Gordon M.f@atterson is not Nathan Upehureh. That the said Nathan Upehureh at the time of the killing of Bob Belk looked as old as the said Gordon M.Patterson does now. Affiant further says that he is not related to the said Gordon M. Patterson in any way whatsoever. Sf. OW. fl Lovey C7 Sworn to and subscribed before me this the 15t North carolina Iredell County In the matter of G. M. Patterson charged with the feleneousifomicide of Bob Belk in Chester Comty, South Carolina, in March 1898. 2. V. MeAnulty , being duly sworn deposes and says » that he is a * citizen and resident of the City of Charlotte, and State of North Carolina, and has been for 10 years or moree; where he is employed in the American Machine Coe, that just after his location in Charlotte he became acquaint~ ed with and knew one Nath Upchurch, who he is informed is charged with the killing of Bob Belk, in Chester County, South Carolina. Affiant further deposes and says that he is now and has been for sometime temporarily working in the town of Mooresville, North Carolina, where he has met Ge Me Patterson, and knows him to be G- M. Patterson, and that the said Patterson to affiant's own knowledge is not Nath Upehurch charged with the felony aforesaid, having had oppor- tunity while in association with the said Upchurch to 80 dintimately know him as to swear postively that G. M. Patter= gon is not the said Upchurch. Affiant further deposes and says that he 4s not related to the said Patterson in any manner whatsoever. rts pley a Sworn to and subscribed befo me this the lst day of June, 1907. North Carolina--Rockinzham County. In the scatter of G. M. Patterson, charged with the felonious homicide o* 30b Belk, in Chester County, South Carolina, in { arch, 18f€. re ron Tea ie bein; duly sworn deposes and says that he is a citizen and resilant of the town of Hadison, North Carolina, and has been “or fifteen (15) years GF More, holdins the nosition as Agent for the Norfolk & Western Railroad Company, that during the year of the Spanish- American War, which was 1898, Gordon li. Patterson,"A strip of a boy", «bout seventeen (17) years old, havinz a defect in one 07 Nis gyes, lived witn his uncle, S. A. Dorsett, in the said town of “fadison, during the said yensr of 18°28. The affiant further ssys that Gordon M. Patterson, together with Jim Gray and Odie Gray, during the Spring or summer of 1893 went to Keidsville, North Carolina for the # purpose of enlisting in the United States Army, but for some reason the said Patterson was rejected and returned to Madison within a few days. The a°fiant further savs that he is no@ related to the said vatterson in any manner wh Sworn to and seribed hefors me OXFORD ORPHAN ASYLUM, W. J. HICKS, Superintendent. OXFORD, N. C., North Carolina Granville County. In the matter of @. M. Patterson cnarged with the felenéous homicide of Bob Belk in Chester County, South Carolina, in March, 1898. B. W. Rogers baing duly sworn deposes and says that he is now Clerk of tha Oxford Orphan Asylum and has held this position since the summer of 1898 and that he has control of the record of children received into and dismissed from the institution, and that, upon examination of said record, he finds under Number 1318, that Gordon M. Patterson was admitted into the said institution on October 20th, 1891 from NcDowell County, North Carolina, at the age of ten years, the date of his birth as recorded being May 12th,1681, and that the records further show that he left said institution on March 22nd, 1897. Sworn to and subscribed to before me this the 4th day of June, 1907. OFFICE OF CLERK SUPERIOR COURT, TREDELL COUNTY. IREDELL SUPERIOR COURTS. StH Monpay Berort tet Monpay In MARCH. J.-A. HARTNESS, 11TH Monpbay Arter 18T Monday IN MARCH. 47TH Monoay Berore 1st Monoay in SEPTEMBER. CLERK. 81H Monday Arter 181 Monpay in SEPTEMGER. STATESVILLE, N. C., North Carolina J Before J.4 Hartness Clerk Superior court, Iredell County } Personally appeared befors we, CLSre Superior court, State and County aforesaid, F.L. Page who after being duly sworn deposes and saith that he is well acquainted with the general character of yohn Neighbors, having known him for the past three years and says that his general character is good. Phat apart of of the three years, the said John Neig'bors has been in the service of cthe said F.L. Page at thy Statesville cotton Mills. Ld fag Subscribed and sworn to before me, ‘this the 13th day of June 1907._ Clerk superior court. North Carolina,: Iredell County.: In the matter of er ips eee pal gt : h ae) ° e : a ae rts ered ma,in waren {age." ener: : G.M.Patterson being duly sworn deposes and says that he is a eitizen Ee ELALISBL Shekens°ls ana“ RQE ssa La ths Saproy et the Hosresvt ile Cotton Mills as foreman of the eloth room. Affiant further deposes and says that he was born in MeDowell County,North Carolina on the 12th day of May,1881,that his father , John T.Patterson,Jr. died in KcDowell County,North Carolina on the 19th day of Mareh,1891 and that his mother Carry Higgins Patterson died on the 9th day of August,189] and that his matermal grandfather, Albertus Higgins of Dysartsville,N.C. plaeed the said affiant in the Oxford Orphan Asylum at Oxford,N.C.on Oetober 20,1891,where the said, affiant lived until the 22nd day of Hareh,1897,that the said affiant then went to Madison,N.C< and lived with his uncle,S.A.Dorsett during the balance of the year 1897 and all the year 1898 and during the year 1898 was assistant agent at Madison,N.C. at the depot of the C.F. & Y.V. R.R.Co.,that on the 6th day of eee ae the said affiant together with Jim Gray and Odie Gray went to Reidsville,N.C. for the pur ore of enlisting in the United States Army but owing to the faet hat the required number of men could not be enlisted,was rejected and returned at once to Madison,N.C. where he continued to work with the aforesaid railroad company until the latter part of December,1898, that the said affiant during the latter part of Decembor,1898 went to Greensboro,N.C. and took a position with the Finishing Mill there and boarded with John Orrell until September,1899 when he went to the Proximity M'f'g Company,Greensboro,N.C. and boarded with R.F.Thigpen until May,1903,that the said affiant im May,1903 went te Pell City,Ala. and there worked for the Pell Gity M'f'g Company until Ccetebser,1903 and then came back to Greensboro,®,.C, and worked with the Preximitg. V'f'g Co. until the Sth day of Feb,,1°04 when the said affiant eane to Mooresville,N.C. as above stated, : Affiant further deposes and says that he has never been in the State of South Carolina,except as he passed through on the train going to and returning from Pell City,ALa. in 1905,that he was born a Patterson and was named Gordon MK. when a baby and that he has at all times since been known by the said name of Gordon k.Patterson,that he has never @hanged his name and has never at any time assumed any other name,that he has never been in the County of Chester in the State of South Carolina,that he never heard of the murder of Bow Belk until May the 30th,1907. Affiant further deposes and says that he was 26 years old on the 12th day of Vay,1907.This ne GSS of June,1907. ~ AL ZLELAL QOS Sworn to and subscribed to before me this t < Ju 20°7 Notary Public. Commission Expir eee SGOK North Carolina,, Iredell County., Im the matter of G.M.Patterson eharged with the feloneous homieide of Bob Belk in Chester County,South Carolina,in Mareh 1898. . G.C.Goodman,Pres. Mooresville Building and Loan Association, Direster of the Bank of Mooresville,Direetor of the Meeresville Cotton Mills, Direetor of the Dixie Cottom-Mill Co.,Druggist,P.S.Beyd, Superintendant of the Mooresville Cotton Mills,S.M.Goodman,See.& Treas of the Mooresville Cotton Mills,J.M.Deaton,Deputy Sheriff of Iredell County, W.D.Templeton,meorchant,being duly sworn,eaeh for himself deposes and says that he is a citizen and resident of the town of Mooresville,N.C. and that he knows Gordon M.Patterson and has known him for three years or more and that he is a man of good character. Sf. a re & Preece UD Beal eo: Ul; Of g 1 0 Nett Zo SEZ HF » U™ Z LA LKvcizY¢L< Sworn to and subscribed before me this the 6th day of June,1907. 4, Notary Publie - Commission Expires Lew .r le foo? e / | Oflidanit 4 4.4 tazcre yf Peepae “ Ba Hate. STATE WARRANT.—Printed and for sale by Brady, The Printer, Stateawille, N..C. 12-16~-’02-2000. State of orth Carolina, Dibece. ee COUNTY. aT ate . TOWNSHIP. being duly sworn, complains and says that at and township, on gr about the. /.3...day of i a did unlawfully and wilfully against the form of the statute in such cases made and provided, and contrary to law and against the peace and dignity of the State. Subscribed and sworn to before me, the 7 d.. or some other Magistrate of said county, immediately, to answer the above complaint, and be dealt with as the law directs. Given under my hand and seal, this LA aay of... SUBPCENA FOR DEFENCR. if’ ie SUBPCENA FOR STATE. “Oar Ie ¥ OW er mh AK: 7 pom yo ‘NUNLAA SAHOMAO 7 ‘sassouqiM ‘QoUBNMI}UO.) - — ‘puog Suom3pn{ ‘gouez1us009y ‘euaodqns ‘JUBIIE A ‘WARPV Ul SassaU}IM 33B}SG Surmoyyoy ay} ‘ AyuNoD yoynod Pee een eee teretenere nea senerentaartsaecoeecaens 6----O6y ‘mIay, aad 0} aouez1a 8099 RICHARD B. MTLaveHUN Geo. B. NICHOLSON MSLAUGHLIN & NICHOLSON ATTORNEYS aT LAW o 6,tlaw B SVILLE, N: > EK é of ©€CA Cf De neues oe te Ke flearkh Bla xre \Ma er GA Detpicesec ae C a F< OCS ce ole 2 f\x.2 vom SMA bt e eee A a oe na CQ 2c 22 x Q <¢ this tfe PILR KX ae LE Ho SAG BW the Ne leer << fh _ P< oc C aL tke 22244 ha GrL, As CBZ ee or Caecc &* Lo fee A_eé Ca_<«.7-e LR € L2 of As«_f atyce tiger CH o Cane xX bhaz CKo RICHARD B. MPLAUGHLIN Geo. B. NICHOLSON MSLAUGHLIN = oo T LAW STATESVILLE. N. C 190 en CK fence eee 19-0 Lo ‘Aah so -Ke fe « 2 | Aenck Pps 4 AG ae of Cho <fe* | SLE (Toph xen! Le hyy ALSO rw ° fre het, xf 0 A db.x & ABLk le CLEA K iy Lot Caer p hor ha Janek Wf Pr 2 heey Mie op fx ~~ eg 2e«e mAe -< <P on Aho Art Aten 5, A0< Cho << 7 fot thew; A faa th Jc CaN eet Ae 2 2-t_Oc Sf fee a TH LC ee Pek-£0 S02 SF Ls Perges or "Glace tety North Carolina # In the Superior Court. Iredell County # Before Yon. G. S. Perguson, Judge, at Chambers. State e va. # application for writ of Habeas Corpus, Alex, Willfamson # fo the Honorable G. S. Ferguson, Judge of the Superior Courts of the State of North Carolina:- fhe above named prisoner, forapplication for writ of Haboas Corpus, upon oath, statest— Pirst?— That the prisoner, Alex. Williamson is now impris— oned in the common jail of Iredell County, and held in custody, im- prisoned and confined in said jail by the keeper thereof, the said prisoner having been committed thereto by W. R. Sloan, one of the Justices of the Peace of said County, on the 29th day of January 1908, Secondt-— That the alleged cause of said imprisonment as prisorm er is advised, is for the purpose of holding the prisoner and compell- ing his personal appearance at the next term of the Superior Court of said County to be held on the 11th Monday after the lst Monday in March 1908, to answer an alleged charge of Burglary. Third:— That said imprisonment is by wirtue of a judgement of said W, R. Sloan, Justice of the Peace, committing the prisoner to said jail and denying him bail, a eopy of which said warrant and commitment is hereto attached and made 4s part hereof, and marked Exhibit A, Pourth!:— That said imprisonment of the prisoner is illegal, 4n that there was no sufficient evidence adduced before said Justice of the Peace at the said preliminary hearing of this action to warrant said Justice in holding that there was probable cause of the prisoncr's guilt as charged, and no sufficient evidence upon which the said Justice of the Peace had the right or the power as a matter of law to hold the prisoner to answer said charge in the higher court, or to deny him bails; that the prisoner here declares upon oath that he de 4s innocent of the charge; that the legality of said imprisonment has not been adjudged upon a prior writ of Habeas Corpus, and no application for said writ has besn made prior to this time, Wherefore, the prisoner prays that a writ of Habeas Cor- pus bg granted and directed to the said keeper of the common jail of Tredell County, commanding him to cause to be produced before your Honor at a time and phace to be fixed by your Honor, the body of the prisoner, forthwith, to the end that the cause of said imprisonment may be inquired into and that the prisoner may be admitted to smkkyz bail, and guurexpreizeuerx tne Spon papa pray. Gilg hip A boos, } for the Rrisoner, ‘ Alex, Williamson being sworn says that the foregoing application is true to his knowledge, except as to those matters there- in alleged upon information and belief, and as to those matters, he believes it to be true, Sworn to and gubscribed before me, this theZ oO of February 1908, Nahe - LA LCL LLL AAL preter Superior Court. Exhibit A. State of North Carolina # Statesville Township. teedett County * Before State # W. R. Sloan, J. P. vs. # Alex Williamson # J. S, Kerr being duly sworn, complains and says that at end in said county, amd in Statesville Township, on or about the 15th day of Dec., 1907, Alex Williamson did unlawfully and wilfully & felon- iously commit the crime of burglary by entering the dwelling of Thos, Kerr in the night time and against the form of the statute in such cases made and provided, and contrary to law and against the peace and dignity of the State. J. S. Kerr, Subscribed and sworn to before me, the 28th day of Jany, 1908, W. R. Sloan, J. P. North Carolina, Iredell County, Statesville Township State of North Carolina, To any Constable or other lawful officer of Iredell County——-Greeting:-— You are forthwith commanded to arrest Alex Williamson and him safely keep 80 that you have him before me at my office in Stateaville or some other Magistrate of said County, immediately, to answer the above complaint, and be dealt with as the law directs, Given under my hand and seal, this 28th day of Jany. 1908, W. R. Sloan, J, P. (Seal) Endorsed: — "Received and served Jan. 28, 1908, By reading to the defend~ ant.” W. A, Summers, Sheriff, By. C. L. Gilbert, D. S.° Judgment of Commitment. Upon the oath of J. S, Kerr setting forth that Aleck William gon did unlawfully etc., commit the crime ofpurglary by entering the dwelling of T. Kerr in tho night time, a warrant for arrest issued against the said Aleck Williamson and was delivered to C, L. Gilbert a B. 8. of satd County to be served this the 28th day ef Jany 1908, Warrant returned this 28th day of Jany. 19 » executed, Thereupon the defendant was produced in court and the following proceedings hadt Case continued as on affidavit until Jany, 29, 1908, at 3 o'clock P, M., Case came up for hearing. It appearing to the cotrt there is probable cause of action, defendant is denied bail and remanded to common jail until next term of Superior Court. W. R. Sloan, J. P.” North Carolina # In the Superior Court. teedell County # At Chambers, before Hon, G. S. Ferguson, Judge. State + V8. # Writ of Habeas Corpus, Alex Williamson — + fo L. R. Connelly, keeper of the common jail of Iredell \ County——Greetingt= You are hereby commanded at your peril to produce or cause to be produced before the undersigned Judge of the Superior Courts of the State of North Carolina, on the.2<_day of February / 1908, at___o*clock__M., at IZA «< the body of your prisoner Alex, Williamson, now imprisoned in the ema eal of bungtdsy, to the end that the cause of his detention and imprison— ment may be ascertained, and if lawful that the prisoner be edmitted te bail; and that you forthwith make due return of this ts fF ' ~-_ by we. (fe 4 loth nity Hereof, fail net at your peril . minLZ Fed. 1908 wep Li EAGLE ° ge signed to and ding the courts of the 135th District, at Chambers. To the Sheriff of Iredell County-—-Greeting:— You are hereby commanded to serve the annexed writ upon the keeper of the common jail of Iredell County, and make due return hereof, forthwith, as required by lew, S / Feb, ap. 1908, weg dll ; ete. —— Receive Sih 1908; served Litt L% 1908, by delivering a oopy of this erder and ef the annexed writ to L. R. Connelly, keeper of the common jail of Iredell County, at said jail in said County. North Carolina # In the Superior Court. Iredell County -# At Chambers, before G. S. Perguson, Judge. State + vs. . Return of Writ, Alex. Williamson # . To the Honorable G, S. Ferguson, one of the Judges of the Superior Courts of the State of North Carolina:= Pursuant to the annexed writ served upon me by the Sheriff of Iredell County, I hereby respectfully make the following | returnt=— i. That said Alex, Williamson is now confined in the common Jail of Iredell County, in my custodyas keeper of said jail, 2, That the said prisoner is now imprisoned and in my custody by virtue of a commitment of W. R, Sloan, a Justice of the Peace of said County, upon the alleged charge of burgalry; that a copy of the warrant and commitment is hereto attached and made a part hereof, and marked Exhibit A, 3, That I stand ready to produce said prisoner upon the mandate of said writ, and at all times tq obey the ordere of the court. ° . ee eeper of the Co a of Sworn to and subscribed before me Iredell County. this the day of Feb. 1908, RAY f Clerk Suoerior Court. Bxuhibit A. State of North Carolina # Statesville Township. Iredell County | # Before “State _ # W.-R, Sloan, J. P. va. _ Alex Williamson | # 5. Kerr being duly sworn, complains and says that at and in said county, and in Statesville Township, on or about the 15th day of Dec., 1907, Alex Williamson did unlawfully and wilfully & felon- fously commit the crime of burglary by entering the dwelling of Thos . Kerr in the night time and against the form of the statute in such cases made and provided, and contrary to law and arainst the peace and dignity of the State. J. S, Korr, Subscribed and sworn to defore ne, the 28th day of Jany. 19053, W. R. Sloan, J. P. North Carolina, Iredell County, Statesville Township State of North Carolina, To any Constable or other lawful officer of Iredell Count y——Greeting?- You are fortiwith commanded to arrest Alex Williamson and him safely keep so that you have him before ne at my office in Statesville or some otner Magistrate of said County, immediately, to answer tho above complaint, and be dealt with as the law directs, Given under my hand and seal, this 28th day of Jany,. 1908, W. R. Sloan, J. P. (Seal) Endorsed: — | "Received and served Jan, 24, 1908, By reading to the defend- ant." W. A. Summers, Sheriff, By. C. L. Gilbert, D. S." Judgement of Commitment. Upon the oath of J. S. “err setting forth that Aleck William- son did unlawfully etc,, sommit the crime of Rebeeied entering the dwelling of T. Kerr in the night time, a warrant for arrest issued against the said Aleok Williamson and was delivered to C, L. Gilbert a B. S. of said County to be served this the 24th day of Jany 1908, Warrant returned. this 24th day of Jany,. 19 . exoouted, Thereupon the defer rdant was produced in court and the following proceedings had: Case continued as on affidavit until Jany. 29, 1908, at 3 o'olock P. M., Case camo up for hearing. It apvearing to the court there is probable cause of action, defendant is denied bail and remanded to common jail until next term of Superior Court. w My a, 210On, a. f. North Carolina # In the Superior Court. Iredell County # State + va. # Affidavit of Connie Williamson. Alex, Williamson # Connie Williamson being sworn says?-~ That she is the wife of Alex Williamson, the prisoner; that she lives with her husband at their home on Garfield St., Statesville; that she is?G yoars of age; during the month of November 1907, near Thanksgiving Day, she was at home alone, the said Alex Williamson her husband being up towm at his work; that the said J. S, Kerr came to her house in a drunken condition and asked for Alex; that upon being informed that Alex was not at home, the said Kerr came in the house and got in affiant's bed with his shoes on, and while there he vometed on the fleor in the house;that he said to affiant that he would pay ber for this trouble in scrubbing up the floor when he got: en clareiant did not charge him anything, delisving tha the was the friend of her husband, as he had been her husband's paplayer: that the said err insisted upon affiant sending for her husband, Alex. saying that he wanted Alex to come and take him driving in the air and make him get sober, that Alex was the only one that could make him get sober, and during this time the said Kerr was commenting upon the fact that Alex had been faithful to him and served him well, and was expressing his anxiety that Alex should come back and work for him again; that affiant finally sent up town for Alex by passors by, sent by two or three different persons, telling them if they saw Alex to tell him to come home; that Alex finally came, and Matil- da Hampton one of affiant'’s neighbors also came in while the said Kerr was there: that the said Kerr then insisted upon Alex going him and getting a horse and buggy and taking him driving, and told,not to get his, Kerr's horse, but to go to tivery stable and get horse and buggy: that Alex did, and soon returned with a M&aak horse and buggy; that just before Alex and the said Kerr were starting for the drive, Alex in a Joking way, in reply to praise of the said Kerr for Alex's faithfulness to him eto., said’Mr, Kerr, younever have given me anything, that the said Kerr thereupon took a pistol from his pocket and gave it to Alex, saying take this, I am going to get Alex. a heavier one any way; that a££tas&z took the pistol thinking that Mr. Kerr had given it to him, in the presence of the other Swmnaex Matilda Hampton and put it in the bureau drawer; that Alex never madceamyxakiume any attempt to conceal the pistol; that affiant remembers the time that it was reported “dhe Mr, Kerr's house had been entered; that this wadiong after the incident which occured at affimnt's house, when Mr. Kerr gave Alex the pistol; that affiant heard nothing more of the pistol, and thought Mr, Kerr had given Alex the pistol; that when the officers came to affiant's home on the day that Alex was arrested affiant was there with her children, but Alex was not there; that the officers did not read any search warrant to affiant, but said they wanted to serch the house, and said to affiant; "De you know anything about a pistol that Alex took from Mr. Jim Kerr? that affiant said she did not; that it did not ocour to affiant that they were talking of the pistol that Mr. Kerr had given to Alex, as aforesaid. And further this deponent saith not. 77 Sworn to Sn3- euvecrsPe? before me, A Le this the 14th aay gf Feb. 1908, Lae Se ohors Notary Public. / ott Sadi satintddy Losetg ¢.'2 Aoos “J pvaw yt@ eno iwbvaed fF abfisaM xiewen serso eit Io eeneeotg ex? nk ,mtr cl St sevis ban W168 meetazaxynaeciam veven xelA feds? eitewerbd traetud ed? 4 iq bra noggqmeP emis ends evedrermes fratils saad sfosakq ceils Frecacs icmesse ye ’ ’ + sod ao aeN saw Jk °~£ eo + Veav 7s uo tBdb6% Tie —2- eo eee re Ome ee ee Oe eee ee North Carolina # In the Superfor Court. Iredell County # State # vs. # Affidavit of Bill Simmons. Alex Williamson # Bill Simmons being sworn says?— That he resides in the city of Statesville, and is em ployed by the Henkle Live Stock Co.; that he teS4yoars of age; that he knows Alex Williamson, but is not related to him by blood or mar- riage; that during the month of November 1907, the latter part of it, as affiant remembers, affiant met the said Alex Williamson in a buggy with My. J. S. Kerr in the city of Statesville; that they all stopped a few minttes and were talking, that Alex said to affiant in the presence of Mr, Kerr who was sitting in the buggy, that Mr. Kerr had given him a pistol, making him a presert of its; that Mr. Kerr did not then deny it, but simply said to Alex, "never mind the pistol, drive on,"or words to that effect; that the said Kerr at that time did not claim or say that Alex or any one else had taken his pistol; that affiant knows that Alex frequently drove the said Kerr around when he was drinking and that he was the said Kerr's personal attendant, and affiant thought nothing of the fact that Mr. Kerr had given Alex a pistol, And further this deponent saith not, Sworn to and subscribed before me, > bate ane ch y of Ped. 2908, Clerk Superior Court. oe) TAkscqua eds aI *€ arttlouad sre! 8 e% vwiruncd reise -encomt? [Iff to siveptiia peel eile Be ee os coamatrotW xefA vutee etd NG J 1 ~ vers Jace ref€¥ivecstes? “bys A Saul r , ~ ** taser w rat . c . . r R iow 10” ges J 0 etd rexest bai oof: 1 more KPA ot ef nedw brivcra t76™M Ltar oe: evots vidro: pest xeLA Jady awonkt sal ie bre .faebaesia Taneeie it piAe t17 ‘2 ON Salt baa welAnti) geaw eexclkA revit had ates 21M cads Somt odd Yo anflton sderve (2 faatite aizgt@< fneneceh etis reddart baad loevtel hedteoad .d6% Yo vaeb ee we me ee oe eee StU0D totrecs2e Ave LD North Carolina # £=In the Superior Court. Iredell County # State # vs, # Affidavit of E. B. Lienster. Alex Williamson * E, B, Lienster, being sworn say that he is a resident of the city of Statesville, North Carolina; that ho is// years old; that he is a mober of the firm of Lienster & Crawford, liverymen, doing | business in said city; that he has access to the books of said firm; that the said books show that an item of $1.50 for a horse and buggy hire is charged to J, S. Kerr, on the date Nov. 29th., 1907; that Mr. Kerr, after the trial of Alex Williamson at the preliminary hear- ing before Esquire Sloan, came to this affiant's office at the livery stable and asked to see the books, saying that he did not remember engaging the horse, and looked at the books and saw the item charged to him, as afor»said; that Mr. Kerr hss since paid this item together with other items of charge against him for livery hire at other dates; that this affiant remembers seeing the said Kerr with Alex williamson on the said day that Alex engaged the horse and buggy; that Alex was ) o- driving him, ALS Lena ¢ Sworn to and subscribed before me nie sae Satn day,of Feb, 1908, a oe Soueock Notary Public. 7 LE anal i AO A o— we eo owe North Carolina # In the Superior Court, Iredell County # State # vs. # Affidavit of Matilda Hampgon. Alex Williamson + Matilda Hampton being sworn says:— That she resides in the city of Statesv&lle, near where Alex Williamson livgd;that she is not related by blood or marriage to \ either Alex or his wife; that she is3o years of age; that she is a neighbor of Alex and his wife, and on a certain day during the month | of November 1907, near Thanksgiving Day she went to the home of Alex and his wife to ¢all upon his wife; that when she got there she ‘found the said J, S. Kerr there, and that he was in a drinking condi- tion, that she observed from his conduct that he was drunk and had vometsd on the floor; that while there and just before Alex had start-—- ed to take the said Kerr driving, the horse and buggy being then hitched outside, she heard the said Kerr praising Alex for his good- ness to him and saying many complimentary things about Alex; that she heard Alex say to said Kerr, as she thought in a joking way, “Mr. Kerr you have never given me anything’ or words to that effeot, and that she then saw the said Kerr take from his pocket a pistol and give it to Alex saying” take this, I am going to got Veta heavier one, or words to that effect; that she thought the said Kerr had given Alex the pistol, and that after Alex and said Kerr had géne, effiant and gm&a Alex's wife seneicned -caae fact that Mr. Kerr had given Alex the pistol; that she saw Alex put the pistol in the bureau drawer in his house and thought that Mr. Kerr had given it to him; that while affiant does not now remeber the exact date that this occured, she knows that it was long before the time it was reported that someone had entered Mr. Rerr’s house, And further this deponent saith not. Sworn to and subdscribed before Shier = Jw me, this thes S day of Feb. 1908, LALLA KOK eS Clerk Superior Court, Q eoIMod TOhscGcHe ede : * antYors) dsr" % Vinod "reber] noe@cr@F abltvav Yo Sivan t tia sosartsalhliirt\ Salou iC heer CT PGs 74 med hd «a+ € esenmw vhen ,olitvecss:2 to vstin ft ct fees yy ede Jed? besJafers nat ot exslytam io hoold ye e af oe Cads sens 10 etary agnor etsy sacl: Qo emod ©. ede eres Jor etbnoo gntdnt.. bead bra xa tb -“Jtase bead xola etotec sen? gntlud yr: ahaee @f{ tek aA: efs send oxelaA Ssrcoce acaksys yrasnentiqmoo virem enter o tM” Yaw eaixof ea nf Sdimucls offs 8a owt btaea os yae xzelA biaen bite ,soe8%e sats oF ahbiew 10 Ponti tyne bnea fLoteta a sutcor att most eXed 11 , eeato wekvaed & ce Seg cs entog its - a tii. mevte bad wre Stas eo sce vodsd ede@ wa tnek Ye ,enes Hat wie™N hlas bre kof testis sats raa gLlodtate offs uc le treat fads venolsien ethw a'xeLA Siam bao zefA nevte Dai wie” ,T¥ feces mst sewarb sa@ervud off mt Iesuto oot a xefh wee ode tats gfLostate ect elidw sadist gmtd of Sf nevis boc wie® .1M sais SAdquo: bare eawod clr esafr soare off teocemes won fon eecob traf ti¢ efia ,bewso00 alHts Jans emaemog Sas bejroret 2 fr omts edt evolod anol aew Pt Sais ewe vw ton dftee snemnceb etd? wettawt Lar sevont eee .4 ‘ Herve Ji ~ + ero ted hbedtweadue one cor ( G0@L =y Nerth Csrolina # In the Superior Court. Irede!1l County # State . # vs. # Affidavit of Wm, A. Kinbreugh. Alex. Williamson we Wm, A. Simkald Doing sworn says that he is a resident of the city of Statesville; that he is 29 years of age; that Seana has been for sometime employed as a carriage dréver at the livery stadle of Lienster & Crawford in Statesville; that sometime after : the preliminary hearing in the case against Alex Williamson before _ Esquire Sloan in Statesville, Mr, Jim Kerr came to the livery stable and inquired for his bill; that this affiant showed him his bill;that then the said Kerr asked to see the books of the company, no one peing in the office of the company at that time except this affiant, that this affiant showed him the books; that later the said Kerr came pack to the livery stable with Mr. Lienster and looked at the books, and Mr. Lienster showed him on the books the charge for a horse and buggy on the 29th of Nov. 1907; that this affiant heard the said remember Yerr say that he did not emmber gotting the horse and buggy theres that affiant knows of his own knowledge that Alex Wiladiamson did get the horse and buggy on said 29th day of Nov., for he hitched it up himself; that long before Mr. Kerr had Alex arrested, Mr. Kerr told this affient that some body had been going into his Qodah® Ss nd that some one had his keys, and that they watched him and whenever he would be out of town they would go into his Shcdd “emuxgekthat some one had stolen his pistol and pens or Mountain pen; that Alex at this time was not working for the said Kerr KuRxukiexastxeaxexhiaxkazadut was working at the pool room, that the said Kerr did not accuse the said Williamson at that time of having enterod 7 [ted Sworn to ant subscribed before me, 7 cae ve Feb e 1908 e w 4 ware ig -71fSt0> sudan NoeMS réf0t- ‘ ‘ $a; e as St ix Sf edobak alta V& & , rf "es North Carolina $ In the Superior Court. _Iredeli County # State # vs. # Affidavit. Alex Williamson $ We, the undersigned oitizens of the city of Statesville, being sworn, say:-— That we are well acquainted with Alex Williamsom, and, have known him for several years; that we know his general character, and that it is good; that we have been informed of the charge arainst him, and that he is now confined in the common Jail of Iredell County; that he is held to answer said charge in the Superior Court of said County, and has bean denied bail: that we do not believe that the said Alex Williamson is guilty of said charge, and we believe that if the Court will allow him to give reasonable bail for his appearance at said Ceurt that he will make his personal appearance at said court and answer the charge preferred against him and not attempt to depart the court, or avoid the process of the court, Sworn to and subscribed before __ . - UW, Lg me this the? “day of Feb. 1908, LX LEAL om c eC. Kez: Gr Clerk Superior Court. fe baa ,moemsat > ‘& etesoartario Poke aN _Ie y Janiay a os IPD HK ey socd ffe Dre: ©! a gor brea mia Ss fh? AWE he Ctarnaecrre ; INSCWS 1). $ omiore edd eis North Carolina #¢ In the Superior Court. Iredell County # Before Honorable G. S. Ferguson, Judge. State # va. # Proceedings in Habeas Corpus—Affidavit of Alex Williamson # Alex Williamson, Alex Williamson being sworn says:=- That he is a citizen of the city of Statesville, North Caroli- \ na, and that his occupation is that of laborer; that he is 2 d years f of age, and has a wife and children dependent upon him for support; that your affiant has heretofore maintained and has now,he believes, @® good reputation in the community in which he has lived; that he has been industrious and has earnestly endeavored to earn an honest living and support for himself and family, and has always earnestly tried to obey the laws of his country and of the State; that he is now im- prisoned in the common Jail of Iredell County, upon the alleged charge of burglary, as he is advised, and although he has sought to give bail in order that he might be released from imprisonment until the charge against him can be investigated by the court, he has been denied this privilege; that he is informed that he is charged by one J. S. Kerr witb breaking into and entering in the night time in a burgalrious manner the dwelling of Thos. Kerr in the city of Statesville, on the night of Dec. 9, 1907, and that for this charge he is now imprisoned, upon commitment by W., R. Sloan, a Justice of the Peace who denied him the right of bail; that he is innocent of the charge, that he did not break or enter the said house or room, that he had nothing whatever to do with said breaking and entering said house or room, and knows nothing whatever about it except what he has heard and seen in the newspapers since the alleged breaking took place; that the only axzigamx circumstance pointing toward the guilt of the affiant sdduced at the preliminary hearing upon said charge was that affipnt was found tos be in the possession on or about the 28th day , 908 of a pis— tol, which the said Kerr testified was in the house alleged to have been broken into, and was missing after the breaking; that there was no other circumstance which in any way tended to point toward the effiant's guilt except the mere possession of this pistol;that this effiant came into the possession of this pistol, that is the pistol which was found in his possession, d@mring the last of November 1907, at or near the annual Thanksgiving Day, by gift from the said J. S, Kerr, which gift was made in the presence of affiant's wife, Matilde Hampton, and affiant in the home of affiant in the city of Statesville, the facts concerning which are as follows:— that affiant had been in the employ of said J. S, Kerr sometime prior thereto, had been his driver, waiting boy and personal attendant, and had frequently waited upon the said Kerr when he wes drinking—at times when the said Kerr was unable by reason of excessive intoxication to care for himself; that the aéfdant had quit the smpiugxmen employ of said Kerr for the reason that he had an offfer where he could make larger wages and felt it his duty to do so; that on the day aforesaid, near Thanksgiving Day, in the month of November, the said Kerr went to the home of affi- ant on Garfield St., Statesville, in a highly intoxicated conditions that affiant's wife was at home alone,and mas the said Kerr asked affiant's wife to send for affiant to come and take him driving, say- ing that if affiant would come and take him driving in the air, he would get sober, as affiant had often done before, that affiant was mma sent for, and went home and found the said Kerr there in a drinking condition and found that he had been lying on the bed with his shoes on and had vometed on the floor in affiant'’s house; that the said Kerr asked aerreny ee get a horse and buggy and take him driving, telling affiant not, get his, Kerr's horss, but to go to the livery sta-— bie and get a horse and buggy and come back to affiant's house and tkke him driving and make him get sober, which affiant did, and ghes went to the livery stable of Leinster & Crawford, in the city of Statesville and hired a horse and buggy as he had been told to do by said Kerr, having it charged to said Kerr; that while the said Kerr was at affiant's homo in this drunken condition, affiant was joking him and said to him,°Mr.Kerrm you have never given me anything, that said Kerr then and there removed from his pecket the pistol which eaffiant had and gave it to affiant, saying to him to take it, that he, Kerr intended to get him a heavier one any way; that affiant took the pistol and placed it in ® Ramm bureau drawer in his house as his own; that at time the said Kerr made the gift of the pistol to affiant, he was commending the affiant for his loyalty and faithfulness to him as his servant and employee, as he had frequently done before; that at this time the affiant was not in the employ of the said Kerr, but had quit his employment as sforesaid; that on said ag day, after the affiant had gone with the said Kerr driving, the brother of said Xerr, Mr. Thos, Kerr, came to affiant'’s house, as affiant is informed and inquired @or the said Kerr, saying that he knew that he was drinking and was uneasy about him, but upon being informed by affiant’s wife that affiant had gone with him drivimg, the said Thos. Kerr expressed himself as being satisfied, saying if he was with Alex, it was al- right, that Alex would take care of him; that affiant never at any time thereafter tried to conceal the pistol, but after it had remained at his home for sometime, affiant had it at a resturant in Statesville where he was working, and made no effort to conceal it there, and frequently told different versons that Mr. Kerr had given it to him; that affiant never denied mkmem at any time that he had gotten the pistol from Mr. Kerr, but always stated whenever the matter was men— tioned that he did, and when he was srrosted for having taken the pistol, he said to the officer that Mr, Kerr had given him the pistol, and asked to be taken to Mr, Kerr, who he claimed would confirm his statement about it; that one occasion after the saktiugxx2xkhepistol had been given to him, affiant was with Mr. Kerr in his buggy, driving him, and met one Bill Simmons in the city of Statesville; that in the presence of Stamumnns affiant said to Simmons that Mr. Kerr had given him the pistol, and Mr. Kerr assented to this at least tacitly, and made no denial of it; that affiant is informed and believes that at the time of the alleged preaking into said house, the said Kerr never suspected affiant and never did at any time thereafter, until the day of his arrest as aforesaid; that it was disclosed in the evidence in said preliminary hearing that Mr, Kerr first accused another per- son by the name of Fred of having entered his house immediately after it was done, and went to the extent of having the boy arrested and searched; that attiuee as was shown by the evidence this boy Fred had Mr. Kerr's keys in his possession, or at least he had claimed that he had lost the keys and upon being told to look for them, he quit Mr, Kerr’s employment and went away and did not return; that this was shortly prior to the time of the alleged breaking into the house; that the said Kerr is a man who drinks too much and when he is drink- ing, as affiant is informed and believes, he OTA aed None says Cad fire things which he afterwards don’t remember; thatis#f4an% went to the extent at the preliminary hearing of testifying that he was not at the home of the affiant drunk on that day at all, when three or four witnesses who have been unimpeached testified that he was; that affiant is informed musxbekinwem that the said Kerr denies now that he sent affiant to the livery stable to get s horse, and says he does not remember it, whereas, in fact he did, as affiant is able to show in another saffidavit;that affiant is informed and believes that covering a period of time from before the day of the gift of the pis- | tol, until after the breaking into the house, at times the said Kerr } was so under the influence of liquor that he did not know what he was doing, and that he did things and said things that he did not afterwards ramember; that affiant believes that the said Xerr had forgotten that he had given the pistol to affiant and did not rem- member being at affiant’s house as he says he did not, and that he thought the pistol which he had given the affiant was in his house at the time of the alleged breaking, whereas, in fact it was not; said Korr thatxa2fiamsz did not at first apply for a warrant against the affiant charging him with ¥ is but only procured a warrant charging nim with the larceny of the pistol, and upon intimation from the Justice that he would allow the affiant to givs bail, the said Kerr then made an affidavit charging the affiant with burglary, and insisted that the Justice should not allow the affiant bail, when there was absokutely no circumstance against the affiant except the bare possess— ion of the pistol, two months or more afterwards, which possession the affiant accounted for by several credible witnesses; that affiant is informed that said Kerr has stated that he only intended to scare the affiant, by first charging him with larceny, but since the affiant said he was drunk, he intended to put a lawyer after him and prevent his giving bail; that there was no evidence adduced by the State in the preliminary hearing to show that the said alleged breaking was in the night time. And further this deponent saith not, OU. © Sworn to and subscribed before me, this the 27 day of Feb. ae —-8g°recr ~ \ “ $a gon sow of Smit antytttacs xuot 10 sett? edw ,[fa In vah 3 Soc seaw of Sait bettas Sats worn seta: f tes if $ ~ to antrtsed varsntmtifers art? x 9 fe) ber” 2eomet nu ail Sa2eutiedxexe re ,eetod ae sem o§3 Ofdrsa vacvtI edt eermke se od secw wordt sor eA 5 ool. j7 20) reeye on ° a vw & Gee be Jneiite f r an ., ET AC fret ‘ é note26e30K0G ‘Z :°% E Jad? ag « oseikye COMLLE © Roy begel fs vice vid son cctlee ef Jt CLIO D —_ —_- ae ae © 6 © etm © © & © © © © © © eee * ead 16" f- xeele —. eo? eee Qe ¢ me > ec alg "Oo novwh frek tea need ewart Ten CT Err ers ons Yo emod ed? aw 267 26netw ermvotat af Sneak tye + NO A ag srak 2 Jnos e fret North Carolina In the Superior Court. Iredell County State # vs. # Notice of hearing upon return of Writ of Alex Williamson # Habeas Corpus. To the State of North Carolina, its counsel in the above entitled action, L, C. Caldwell, and J. S. Kerr:- Take notice that there will be a hoaring upon the Bs rn of a writ of Hebees wie bee the above entitled action, before +e saenesigead ee thez7 day of February 1908, at ___—o'clook M., at KSA COWL CEL to inquire into and ascertain the oause of the detention and imprisonment of the said Alex.Williamson, amd for the purpose of ascertaining whether or not he shall ba admitted to bail awaiting the next term of the Superior Court of said county, at which said time and place the State, its said counsel and the prosecuting party with his counsel shall have the right to be present and be heard, This Feb. 7 7 1908, : WA Mltece, faded Superior Court. . ~™ titi.c$ | $ to eav@o els be. eUN (: rr & r£ fos sy f? XO wigrAl Ts \ asudet Yo y yon tA +6 Kf te )- EX KR \ ‘. + , { | \ 4 aaa ye \ bre ,coatst BY“ +. fe tg avuska Youd 5 . L {3 ’ YY Vv OFFICE OF ws. OC. HAMMER, TELEPHONE NO. & CIVIL PRACTION OWLY HAMMER & SPENCE J. A. SPENCE ATTORNEYS AT LAW ; AsHEBORO. N.C. 2/19/1908. Messrs. McLaughlin & Wicholson, Statesville, NW. C. Dear Sirs: I have received your notice in Habeus Corpus proceed- ings in State vs. Alex Williamson and will say that I have an engagement on next Saturday and do not see how it is possible for me to attend the hearing on that day. I am sure that Mr. L. C. Caldwell, upon whom notice has been served as you: eee will fully take care of the State's interest. With best wishes, I am, Yours most truly,