Something new in the court annals was tried here in Recorder’s Court on Thursday of this week, the innovation of being trying a sheriff and his staff on criminal charges by which they stand indicted for an assault with a deadly weapon upon the person of a negro of Wilders township by the name of David Adams. The sheriff in this very unusual case is Sheriff D. Bryant Harison of Wake county, and the other defendants are his deputies: Bud Stell, Mallie Poole, Joe Partin, Pete Denton and Joe Lowe.
This trial had its origin in an assault upon a negro of Wilders township and it occurred on the night of July 20, 1925. David Adamas was the state’s prosecuting witness, and it was largely upon his testimony and the corroborating testimony of Mr. and Mrs. Todd of Wendell, that the state relied for a conviction. David Adamas was the first witness to take the stand, and his testimony was substantially as follows:
He stated that he lives in Johnston county about three-fourths of a mile this side of the Wake county line; that on the night of July 20 he came in from his work about dark and found at his home Mr. Marvin Todd, an automobile mechanic of Wendell, who had come to his house to make some repairs on his automobile; that in consequence of a conversation which he had with Tood, he went some 500 yards down the road where he had a watermelon patch. He had been missing melons from his patch and his motive for going to the patch at this time was to frighten away some trespassers who might be there bothering his melons. He had his gun with him.
Upon drawing near to the melon patch, he saw some men in the road whom he suspected as being Ku Klux, one of whom commanded him to halt, and at the same time flashed al light upon him. This struck him with fright and he turned around and beginning running back toward his house, firing his gun in the meantime in the direction of where the melons were. The officers followed after him in hot pursuit, firing many shots at him as they came nearer his house. He made an attempt to conceal himself in the woods below his house, but the officers had flanked him on both sides and he was forced into his house.
They entered his house, some by the front door and some by the back door, and laid hold of the negro, and there followed a general fight in which they beat him with a hickory stick, the butt of pistol and kicked him with their feet. He was soon overpowered and for the first time he recognized Sheriff Harrison, whom he has known for 20 years or more. He further testified that they put handcuffs on him and carried him forthwith to Raleigh where he was lodged in the county jail that night.
He and Sheriff Harrison were on friendly terms, he having spent several years in the sheriff’s employment. He testified that he was not a dealer in liquor and that he had never been so accused. No search warrant was read to him by the sheriff or any of his deputies but his house and premises were searched for liquor after he had bene subdued. He stated to the court that he had been indicted and convicted on a charge of carrying a concealed weapon. This happened several years ago and he had never been in any other court trouble. He offered as character witnesses D.H. McCullers, J. Dwight Barbour, B.M. Robertson, J.T. Barnes, Bruce Barnes and J.H. Stancil, all of whom testified that he was a man of good character.
Both Mr. and Mrs. Marvin Todd were examined and their testimony was practically the same as that stated by the negro, David Adams.
When the state rested the defense attempted to show by the Wake county records that a true bill of some sort or other had been found by the Wake county grand jury against this negro, but upon motion of the counsellor for the private prosecution this evidence was ruled out.
Bud Stell was the next witness to take the stand. He stated that he had been deputy sheriff of Wake county for 33 years, and that he had also served as a deputy marshal and collector for United States courts. He admitted being near David Adams’ house on the night of July 20 of last year. He also admitted that they encountered David Adams while he was looking after his watermelons but stated that he was ignorant as to what the negro meant by coming out to meet them with his gun. He stated that upon flashing the light upon the negro that the negro fired his gun point blank at him, at a distance of not more than 12 steps, but somehow the load missed him. He also admitted striking the negro with a stick while they were scuffling together in the house.
He stated that the premises were searched that night for liquor but none was found and that the woods near the house were seared on the following day when they did find the complete distillery outfit and some beer. He was unable to identify this as belonging to the prosecuting witness. He denied that handcuffs were used on the negro. He stated that he had known David Adams for about 10 years and that he did not know in which county Adams lived.
Sheriff Harrison went on the stand in his and his deputies’ defense. He has been sheriff of Wake county for five years. His country home is only three or four miles from David Adams, and he has known Adams for 25 years. It has always been his understanding that Dave lives in Johnston county, but the road in front of his house in the county line. for the most part, his testimony was identical to that of Stell’s. He denied a statement that the negro Adams had made charging him with giving orders to kill the negro while the scuffle was going on in the house. He stated on cross examination that he fired in the direction of the negro when he ran that night, not knowing that it was Dave Adeams who assaulted them. They had no warrants.
On cross examinations the sheriff flinched at some of the questions asked him, but confessed that he had had an altercation with a preacher several years ago in which he cut the preacher with his knife. He also confessed that he had been charged in Raleigh by his political opponents of being fond of hauling the women but explained that there was no foundation of truth in these charges but that they were aimed at him in a way to do him harm in politic. His testimony practically closed the evidence.
From the beginning of this trial to its conclusion, it was a battle royal between the local attorneys on the part of the state and the defendant’s lawyers. Representing the private prosecution were: Mr. C.P. Beckwith of Raleigh, Col. Ed S. Abell and Mr. Jas A. Wellons of Smithfield. The defendants were represented by Judge J. Lloyd Horton and Mr. W.B. Jones of the Raleigh bar.
At the close of the trial there was some consultation among the counsellors and Judge Horton came in court and admitted an assault but would not plead guilty, stating at the same time that he would not resist judgment. The court accordingly found Sheriff Harrison and Bud Stell and Pete Denton guilty of an assault with deadly weapons, fining Sheriff Harrison $100, Stell $75, and Denton $75. Poole was discharged altogether, while Joe Partin and Joe Lowe were found guilty of a simple assault and judgement in their case was suspended upon the payment of cost.
When all the entries had been made Mr. Wellons stated that chapter 1 was now closed, where upon Judge Horton replied that he would meet him at Phillipi. It is thought that damage will be sought against the defendants in civil actions.
From the front page of The Smithfield Herald, Friday morning, March 5, 1926
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