Judge A.M. Stack, in special habeas corpus proceedings at Lexington, on March 5 authorized the release of Joe McDowell from confinement in the Randolph county jail, under bond of $10,000. Judge Stack, in announcing his decision, stated that his action was not influenced by belief in either the guilty or innocence of the defendant.
McDowell was arranged before Magistrates Lowdermilk and Ward last week on the charge of having criminally assaulted Mrs. Baxter Rich at her home about a mile and a half from Asheboro on Sunday, December 24, and bound over to the Superior court. Bail at that time was denied, the magistrates being powerless to grant it.
The decision of Judge Stack came after the greater part of the evidence presented at the preliminary hearing had been gone over. The majority of the witnesses were present, as was also McDowell himself. O.L. Sapp of Greensboro and Solicitor Z.V. Long appeared for the prosecution, and H.M. Robbins of Asheboro for the defendant.
Bond was arranged and Mr. McDowell was released on his return to Asheboro.
The case will be called for trial at the next term of the Randolph Superior Court.
From the front page of The Courier, Asheboro, N.C., published Thursday, March 8, 1923.
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