Charged with carrying a concealed weapon and with assault with intention to kill, D.J. Carpenter, who ran the army salvage store on West Trade street near the Southern depot, was found guilty on the first charge and fined $50 and costs in the police court Monday morning by Judge Laurence Jones. Judgment was suspended in the second charge upon payment of costs.
According to the evidence submitted, owing to attachment proceedings, the salvage store was closed by Sheriff W.O. Cochran, who put W.F. Neece in charge with orders not to permit Carpenter to enter. Neece also had some goods in the store which he had placed there after paying Carpenter $25 for the privilege. It is alleged that Carpenter, whose lease to the store expired on June 6, entered the store on June 2. Further evidence shows that words were passed between Carpenter and Neece, who was inside, resulting in Carpenter reaching for his gun in his hip pocket. Neece is then alleged to have struck Carpenter and grabbed his arms. In the scuffle Carpenter had managed to turn the point of the pistol towards Neece and pressed the muzzle in his stomach when interference from bystanders quelled the trouble.
Heated arguments and contradictions featured the trial. Objections by opposing attorneys followed almost every question asked the witnesses. The trial lasted several hours, the main issue hovering around the question of the right of Carpenter to enter the store after it had been closed by the sheriff.
Judge Jones held as far as that issue was concerned, that after such action had been taken by the sheriff, not even the owner of the store himself had a right to enter without permission.
In reference to assault with a deadly weapon with intent to kill, Judge Jones asserted that no evidence had been introduced to that effect, although the element of assault with a deadly weapon was to be considered.
From the Charlotte News, Monday, June 13, 1921
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