That O.G. (Bud) Thomas, Charlotte auto salesman will ask for a change of venue when his case is called for trial here next week, is the report that comes from Charlotte. The Charlotte News of Tuesday afternoon said:
“Motion for removal of the trial of O.G. (Red) Thomas, charged with the murder of Arthur C. Allen of Kannapolis, will be made before Judge Webb in Concord Monday.
“Attorneys for Thomas, who is a local automobile dealer, will argue to the court that the case should be removed from Cabarrus county because of the feeling in that community.
“The place of removal will rest with the court.
“Thomas’ case has been reviewed by the Supreme Court of North Carolina, and the defendant has been given a new trial. Machinery for the new trial will be set in motion Monday and the first proposition to be put before the court will be the motion for removal of another county.
“A formidable array of legal talent will again appear in defense of Thomas who at the conclusion of the first trial was given 18 years in the State penitentiary by Judge Bis Ray. Appearing in the cast will be J.J. Parker and E.T. Cansler of Charlotte, Manness and Arnfield, J. Lee Crowell and John M. Oglesby of Concord.
“Thomas’ defense at the first trial based on his contention that Allen approached his car on a lonely road near Kannapolis in August, 1921, with the command ‘Throw up our hands.’ Thomas contended that he thought the man was a highwayman and that he shot to protect himself.
“This statement was backed up by the testimony of Mrs. Robert Lowe, who was in the automobile at the time of the shooting.”
The Charlotte Observer of today has the following relative to the request for a change of venue:
“Motion for the removal of the trial of O.G. (Red) Thomas on the charge of murder is to be made before Judge James L. Webb at Concord Monday, according to statements here yesterday, his attorneys simply asking that the trial be removed from Cabarrus county on the ground that there is too much antagonistic feeling that the trial be removed from Cabarrus to obtain a fair and impartial trial.
“The case has been reviewed by the Supreme Court and Thomas has been granted a new trial. The defendant was sentenced to 18 years by Judge J. Biss Ray at the conclusion of the first trial several months ago. Attorneys for Thomas are J.J. Parker and E.T. Cansler Sr. of Charlotte; Maness and Armfield, J. Lee Crowell and John M. Oglesby of Concord.”
When the State Supreme Court several weeks ago granted Thomas a new trial the report became general here that a request for a change of venue would be made, but local attorneys for the Charlotte auto salesman have never given official sanction to the report. Mr. Maness, who is chief counsel here for Thomas, has had nothing to say about the case, but from other sources it has been learned that a change probably will be asked. One Concord man stated this morning that he had been asked to sign an affidavit which declares that Thomas could not get a fair trial in Cabarrus county, but attorneys have nothing to say in regard to such an affidavit.
Sheriff W.P. Mabry has been handed the list of persons wanted subpoenaed by both the State and the defense, and he has been busy this week serving the papers, according to reports here.
From the front page of The Concord Daily Tribune, Wednesday, Jan. 3, 1923. The judge’s name was spelled Bis Ray on first reference and J. Biss Ray on second reference. Was it Bud or Red Thomas?
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