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Saturday, February 25, 2023

"Red" Thomas Found Not Guilty in Murder Trial, Feb. 25, 1923

Thomas Is Freed by Rowan Jury. . . Verdict of Not Guilty Marks Termination of Sensational Trial

Salisbury, Feb. 24—The jury in the case of O.G. “Red” Thomas, on trial for the killing of Arthur J. Allen, plumber of Kannapolis, N.C., on October 25, 1921, returned a verdict of not guilty at 6:25 this afternoon after deliberating for five hours.

After being out two hours the jury came into court and asked that part of Judge Webb’s instructions be read to them again an also that the entire testimony of the defendant be read to them. This was done by Miss Hoover, court stenographer, and the jury retired for further deliberation.

When the jury filed into the court room at 6:18, a large crowd was present including many women. Judge Webb warned against any demonstration but when the verdict of “Not guilty” was announced, there was an outburst of applause and a rush for Thomas who with his little wife met the crowd with smiles and handshakes.

‘”Tell the people of Salisbury we are just as happy as we can be,” was Thomas’ first statement after the verdict.

He and Mrs. Thomas shook hands with the jurors and while the general demonstration continued, Judge Webb ordered court adjourned.

This was the longest and most interesting trial held in Rowan in years. It was evident all through the 10 days it continued that there was an atmosphere of friendliness to the defendant and there was no surprise occasioned by the outburst that greeted the verdict of “Not Guilty.”

L.T. Hartsell closed the argument for the State this morning in a two hour speech. Mr. Cansler at the only night session of the court spoke for the defendant for 3 ½ hours last night.

Judge Webb reviewed the main points of the case, stated law covering it and also read 20 typewritten pages representing the contentions of the defendant. His honor’s charge took two hours. He instructed that one of four verdicts could be rendered and cited rules covering each verdict. He told the jury there had been no evidence of conspiracy between the defendant and Mrs. Lowe, who was in the car at the time of the killing, and asked them to disregard this contention.

A large crowd remained in the courtroom all afternoon expecting the jury’s return. Many women were present and these were asked to leave the courtroom for 15 minutes while a divorce case was heard.

Mutt Lawing, cited to appear and show cause why he should not be held in contempt of court for the alleged threat he made to Rev. D.P. Grant who had given his father, E.E. Lawing, witness in the Thomas case, a bad character failed to appear and a capias was ordered issued for him.

The second trial of Thomas began here last Wednesday a week ago, it having been removed to Rowan from Cabarrus by Judge Webb, on motion of the defendant’s counsel who claimed he could not get justice in Cabarrus on account of local prejudice. His first trial in Concord was held in January, 1922, and after being out three hours the jury said second degree murder, and he was sentenced to 18 years in the State Penitentiary.

On appeal a new trial was granted because of errors of Judge Ray who presided at the first hearing.

From the front page of the Raleigh News & Observer, Sunday, Feb. 25, 1923

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