After deliberating from 7 o’clock Thursday evening until 9 Friday morning, the jury, in the case of State vs. Robertson in which the defendant was charged with an assault upon a female, reported that they had failed to reach a verdict as to the innocence or guilt of the defendant, and that there was no prospect of a verdict. Thereupon Judge J. Lloyd Horton discharged the jury, and ordered a mistrial. The vote of the 12 jurymen stood 5 to 7, with no definite information as to which side had the seven. The case was tried in Gates County Superior Court and every session was attended by large crowds.
Thus ended a 2 ½ day trial which has shaken the very moral foundation of a large part of the town of Ahoskie since last August 10th, on which day J.H. Robertson is alleged to have committed an assault upon Mrs. L.K. Walker. This one thing has given Ahoskie more publicity than any other occurrence ever happening here; and it has been the most sordid, degrading, fiendish and disreputable affair ever aired in the courts, coming out of the town.
The plaintiff upon the witness stand swore that Robertson, a man who had never before entered her home, came to her front door on the afternoon of August 10th and, against her will and by force, gained admittance into her hall way, after she had answered a rap at the door. She was dressed in her kimono, when she heard the knock at her door. She went to the door and, seeing Robertson through the glass panel, unlocked the door, cracking it open slightly to tell him that her husband, a local physician, was down town and that he could see him there, thinking he had come to the house for medical aid. He then forced his way into the hall, while she retreated to her bedroom and closed the door behind her, and ordered him to leave her home. Cracking her bedroom door slightly to see if he had left, she saw him standing there, with the front door closed, and his hand on the door knob. She ordered him out again; but he only smiled at her suggestively and said “come on out; you look good enough.” She once again ordered him to leave but he only repeated to her that she looked good enough and not to be afraid. Then he asked if the two young children were asleep and if she was sure there was no other person in the house. She said “No, you get out of this house.” He reminded her then that the neighbors might see him leaving; and, upon being ordered way the next time, he told her that some one was passing in front of the house. She told him that she did not care who was passing and who might see him, for him to leave and leave at once. She testified that while he was there in her hall, she ordered him to leave as many as eight or 10 times.
She testified that Robertson advanced a step or two towards her as she stood in the bedroom and while standing there, he asked her something about a setting of eggs that she had promised his wife.
Notwithstanding her repeated commands to leave the house, Robertson again smiled suggestively, turning his face first towards her and then out of the front door as if to see that no one was around and appearing nervous, and then recited some things that he alleged to place between “some man” and herself. Robertson, she testified, told her that he had seen these things happen. She replied, “No you haven’t Mr. Robertson, for not even God himself has ever seen any such things.” Again, in her desperation, she ordered him to leave, threatening to go out the back door and make an alarm to the neighbors. He left.
Excited, nervous and grief-stricken at the attack made upon her, but with forethought about the trouble it would cause her husband who she feared might blow out the brains of her assailant, she waited until Friday morning to tell her husband. On Friday morning, however, after constant thinking, brooding, crying and praying over it, she phoned her husband’s office and had him come to the house, where she told of the insult and assault made upon her. When she had related what occurred, Dr. Walker came back down town, and on his way, stopped and confided what he had just been told to his friend, Mr. Roberts Jernigan. When the former said he was going to get a gun and kill the “scoundrel,” Mr. Jernigan advised him against the act contemplated and suggested that he adopt a saner method. Dr. Walker waited, then, until Robertson left his work at the depot, accosted him near the postoffice and, exchanging words, he hit Robertson a blow upon the head, after the latter had place a knife, which he had in his hand, into his pocket, as commanded by Dr. Walker. Others were near, and they rushed up. Robertson, seeing the danger that lay before him suggested that they retreat into the store of J.N. Vann and Bro. and let him explain. He attempted an explanation by saying that he would have to implicate another man, that being W.W. Lawrence. The latter was immediately sent for, confronted his accuser who repeated the things which he had told Mrs. Walker on Wednesday, and accused Lawrence of having told him that he, Lawrence, was the man who was involved and that Lawrence had told to him upon several occasions the things which he had told two days before. Whereupon, Lawrence called him a “liar” and at the same time pounced upon him, crushing him to the floor. He jumped upon him and clutched Robertson’s throat and was chocking him severely when Mr. Jernigan pulled him off, and along with him came both the shirt and the collar of Robertson.
Following this episode, Robertson left town and for a few days remained out of sight of Ahoskie people. Mrs. Robertson, according to the testimony of Dr. Walker, came to him in distress upon the day her husband was beaten up, and told him that Mr. Robertson would leave Ahoskie for good, if he would not prosecute him. Dr. Walker says, in a hope to cause the least embarrassment to his wife and to protect the good name of the town, he would consent not to urge any prosecution if he were to leave town and stay away. Mrs. Robertson denied making the proposal about leaving town. The other incidents, including service of papers upon Robinson when he returned to Ahoskie, the Masonic trial and his expulsion from the local lodge, and his dismissal from the service of the Atlantic Coast Line railroad, are already known to the readers of the Herald.
Following her cross examination, conducted by lawyer Sumner Burgwyn, and during which she remained unshaken in the testimony given on direct examination, Robertson took the stand, and denied forcing his way into the home, denied saying he had seen anything between the plaintiff and another man, and denied being ordered out of the house, although he did admit upon cross examination that he was told at the end of his conversation that it was best he leave the home. On the contrary, he testified, he went there after an egg “setting”, and, failing to get them, he then volunteered to tell her about what he alleges that Mr. Lawrence told him, “for her own good and as a brother Mason with her husband.” Upon cross examination, he admitted several differences in his statement contained in the stenographer’s report of the Masonic trial, but attributed the differences to the inaccuracies of an incompetent stenographer. He did not fare so well upon cross examination, admitting that he had a “misunderstanding” previously with a lady boarder in his home, and that, as a result of it, the offended lady and her husband left his home never to return. Right much mirth was provoked when Robertson in reciting the “official positions” which he had held in the town of Ahoskie, mentioned as one, a “deacon” of the Methodist church—an office which is distinctly the office in another denomination than Methodist.
Mrs. Robertson followed her husband and corroborated his testimony, as to the way he had related it to her on the day he received his licking. She also told about going to the home in question and interviewing Mrs. Walker, who, she says, recited to her substantially the same facts as Roberts had told her about what transpired in the house that day. Mrs. Walker denied having told it any other way than that which she had given on direct examination, and she further testified that she had refused to sign a paper presented her by Mrs. Robertson on this occasion and which purported to set out what had taken place. Mrs. Robertson admitted that she refused to sign it. On the occasion of this visit to Mrs. Walker by the defendant’s wife, Miss Nelie Baker and Mrs. George W. Baker were taken along. This happened on Friday, the same day on which Robertson was “beaten up” and left town. All three of these ladies admitted upon cross examination that tears were in the eyes of Mrs. Walker as she related the alleged assault upon her, although they testified that she was not “crying.” The lawyers conducting the cross examination were somewhat baffled as to the real meaning of crying. Testimony that tended to show that the witness was not unduly nervous or in an unusual condition would tend to impeach the testimony of Mrs. Walker, who had testified that she was nervous and worried; and which was further attested to by her husband physician who had found it necessary to administer medicine to his wife for the two previous nights and that she had suffered severe headaches and nervousness.
In an effort to try to prove that there was “something between the prosecuting witness and Mr. Lawrence, the defense introduced into evidence a deposition by Lloyd Mitchell (sick on the day of the trial) and he swore that he saw this lady and Lawrence in conversation the night of August 10th, the night of the afternoon that Robertson is alleged to have assaulted her, on a dark street in Ahoskie; and that soon thereafter Lawrence and Robertson were seen in conversation. He testified that they talked together about five minutes. J.H. Downs, corroborating witness for Mitchell, testified that the latter had told him the conversation lasted for 25 or 30 minutes. E.T. Lane went upon the stand and testified that he was walking down the same street on that night and saw these two meet and pass on the street, and that neither stopped. He also testified that it was one of the best lighted of Ahoskie’s streets, being Mitchell Street. Mr. Tom Cooke testified that, on the morning after Robertson was expelled from the Masonic lodge, he was in a conversation with Dr. Walker, in front of the latter’s office and that while they were in conversation there, Lloyd Mitchell came up, and upon being asked by Dr. Walker what he knew about the alleged conversation, that Mitchell replied by saying he knew nothing of it. Both the prosecuting witness and Mr. Lawrence admit meeting and passing on the street, but both deny that any conversation took place, the former testifying that she was on her way home from church with her two children, and Lawrence testifying that he was on his way up to the principal part of town. Lawrence also admits talking to Robertson, but says he was talking about cutting some fencing for him, Lawrence being engaged in the mill business.
When Lawrence was on the stand he denied ever telling Robertson any of the things which the defendant accused him, in connection with any relation with the prosecuting witness. Lawrence was given a good character by several witnesses, and the defense offered no witnesses to the contrary.
Fifteen or 20 men and women of Ahoskie, two citizens of Hobgood, where Robertson formerly lived, and four railroad men, all of whom had known the defendant for many years, testified that he had always enjoyed a reputation that ranged, in degree, from “bad” to “a reprobate of the lowest order,” the latter statement being made by N.C. Eure, a former operator who worked with Robertson. About an equal number of character witnesses appeared for Mrs. Walker, all testifying to her good character being witnesses from her old home, Dr. Irwin who was resident physician in Baltimore at the time she was a nurse, and many others from Ahoskie. The defense offered no character witnesses against her, all of their witnesses also giving her a good character, as well as Dr. Walker. Robertson also offered several witnesses who gave him a good character, although some of his own witnesses admitting having heard rumors at previous dates about his being in another affair with a woman, and it was also admitted by one witness that he (the defense witness) had heard rumors of a similar nature about himself. Another of the defense witnesses, Mr. J.R. Garrett, was given a fine of $40 for failure to appear at court, and testify.
Robertson recalled to the stand for the last time recited a most sordid and revolting history of what, he alleges, Lawrence had confidentially told him about his relations with the prosecuting witness. Lawrence, being recalled, denied ever telling Robertson anything at all. A recitation of these alleged conversations is not fit subject matter for publication and has no place here.
Other evidence of minor importance was introduced and all down the line there was a substantial difference between facts by the defense. Both state and defense closed about 10 o’clock Thursday morning. Argument by counsel was limited to three hours for each side and the line up for speeches, with the state having the opening and closing argument, as follows: for the state, attorneys R.C. Bridger, Stanley Winborne, W.E. Daniels and Solicitor Ehrinhaus; for the defense, attorneys F.D. Winston, D.C. Barnes, A.P. Godwin and Sumner Burgwyn. The display of oratory and legal ability of the array of counsel occupied the attention of the court and jury until about six o’clock Thursday.
Judge Horton then made his charge to the jury which was in substance as follows: The state contends that the evidence of Mrs. Walker and her corroborating witnesses prove conclusively that Robertson forced his way into her home and bent upon an evil mission, and that he did make an assault upon Mrs. Walker; that his act in forcing his entrance constitutes an assault, and, even had he not forced his entrance, if he had by his presence caused her to do things she would not have otherwise done, through fear of him, he would still be guilty of an assault. They contend by the overwhelming weight of evidence, Robertson should not be credited with the same degree of truthfulness as Mrs. Walker, basing the contention upon the fact that they have shown that Robertson has always had a bad character, especially in his relations with women, whole on the other hand Mrs. Walker’s character was shown to be of the highest order. The State also denied the existence of any “conspiracy” to run Robertson out of the town and take his job away from him; and they further contended that to the very men whom the defense name as conspirators, Robertson owes his present physical well being.
The defense argued that the defendant, Robertson, went to the Walker home for the purpose of getting eggs; and that, while there, he took the opportunity of telling Mrs. Walker of the things that another man had said, and which things were derogatory to her character; that he told her for her own good, and as brother Mason with her husband, he felt it his duty to do so. They also contend that there existed a conspiracy on the part of two or three men of the town to “run Robertson out of town;” that the entire prosecution is an attempt to get him out of his job at Ahoskie. As a result of that conspiracy, they contend that a “fraud” has been perpetrated upon him by the Masonic Lodge in expelling him, and that by “fraud” he has, lost his position; in fact they contend a general frame-up. The defense also contended that the defendant did not make an assault at all, neither forcing his entrance nor causing Mrs. Walker no bodily harm nor any fear of bodily harm.
From the front page of the Hertford County Herald, Ahoskie, N.C., Dec. 126, 1921
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