Tuesday, August 22, 2023

Murder, Manslaughter, Rape, Assault With Deadly Weapon, Other Cases in Superior Court, Aug. 22, 1923

Superior Court Adjourned Saturday Night—Yadkinville This Weeka

Wilkes county superior court adjourned Saturday afternoon. The bar association passed resolutions very complimentary of the presiding judge, Judge Finley, calling special attention to his effective charge to the grand jury.

MURDER, MANSLAUGHTER

Roosevelt Darnell, murder, 18 years at hard labor in penitentiary.

Quincy Adams, submitted to manslaughter, two years suspended sentence and ordered to pay $1,250 for benefit family of Frank Church.

State vs. Reece, Charlie and Tom Johnson, and Newt Nichol, murder; all except the first defendant above named were present in court and plead guilty to accessory after the fact, and not guilty of murder in the bill of indictment, which plea was accepted by the State. This is the case in which Hum Shew, Dock Anderson and Percy Johnson were convicted at the March term of Court for the death of Lum bottom several years ago. It appearing impossible for the Court to go fully into the evidence in this case at this term necessary to a thorough understanding of the case, judgment continued to Friday of the next term of criminal court, defendants to pay cost.

RAPE

The case of J.R. Owens, rape case, was continued to the next term of court under bond of $2,500. The defendant fled and was brought back from West Virginia last month.

In the case of Roosevelt Dardnell, recently captured in West Virginia, who caused the death of Spencer Roten two years ago, through striking him with a fence rail, the solicitor accepted a plea of guilty to a charge of murder in the second degree. This case was laid before the judge only and that official sentenced Darnell to 18 years in the penitentiary. The fact that Darnell was a mere boy 19 years old probably had some effect of lightening the sentence, the maximum being 30 years.

J.R. Owens and Maynard Wingler, rape, continued. Owens to give bond of $2,500 for appearance at next term of court. Bond to be justified and approved by the clerk.

Jesse Nichols, assault with intent to commit rape, case continued, defendant to renew bond.

State vs. Ambrose Johnson, murder, nol pros.

ASSAULT WITH DEADLY WEAPON

J.W. Wadell, assault with deadly weapon, plead guilty, defendant having already paid out considerable money and cost and other matters having been adjusted between he and prosecutor judgment was suspended on payment of cost.

Claude Messice and Letch Vestal, assault with deadly weapon, nol pros with leave. Same judgement in case of operating a car intoxicated.

Wiley Wingler, Lundy Darnell, Todd Darnell and Millard Roten, assault with a deadly weapon, two years on the roads as to Lundy Darnell; Todd Darnell, one year; Wiley Wingler, nine months; Millard Roten, nine months.

OTHER CHARGES

Fisher H. Bauguss, transporting and carrying concealed weapon—verdict of guilty as to carrying the weapon but not guilty as to transporting.

Commie Longbottom, cruelty to animals, judgment that defendant pay Silas Robbins $25 and a fine of $25 and costs.

Luther Key, violation of liquor laws, verdict of guilty in two counts, judgment continued till next term. Bond of $500. The forfeiture in the J.P. court ordered stricken out.

Reid Wagoner, housebreaking, 12 months on the roads.

Leonard Vyne vs. J.H. Mackie, C.N. Bodenheimer, J.H. Allen, J.M. Simmons, F.W. Hanes and A.W. George—sale of lands of the B?? Orchard Co. confirmed. L. Vyne purchaser to highest bidder $4,000—to be credited on judgment (sold May 14, 1923) less amount of $80 to J.R.J.

R.G. Foster, successor to Beish and Co., vs. State Highway Commissioner, Lee J. Smith construction, et all. Ordered that Tesh and Short Lumber Co. be made parties and Granite City Motor Co. also, T.A. Tesh and R.B. Short trading under the name and style Tesh and Short and Granite City Motor Co. each be allowed to make themselves parties.

J.R. Vannoy7, gambling, nol pros.

Arthur Foester, retailing, ni si and sci and capias to issue if bond is not filed in 30 days. Continued as to Nettie Forester.

Lee Harris, Earl Mitchell and Hub Sweet, colored, injury to personal property, warrant amended; verdict of the jury that Hub Sweet guilty of larceny of property for temporary use. Not guilty as to the other defendants.

Albert Williams, ret. continued.

Charlie Billings, judgment absolute entered at March term 1923 set aside except cost which is to be paid by the defendant.

Leona and Hill Cox, habeas corpus proceedings heard Aug. 4th as to possession of children. Leonia and John Cox to remain with Leona Cox, their mother, until the second week of the October term of court, she being restrained from removing children from Wilkes and Caldwell until then. Visiting in peaceable way by father allowed. He ordered to contribute to their support until October.

Reid Wagoner, housebreaking, 12 months on the roads.

D.D. and Biddie McGee, burning house, mistrial was ordered and State took nol pros.

Keever(?) Blackburn, J.W. Adams and C.S. Bauguess, sci. fa., $200 and cost on payment of which defendant to be discharged.

Ida vs. Charles Henderson, abandonment divorce granted, adultery, plaintiff to pay cost.

Rosa Bell and Bunker Yates, failing to show good behavior as had been ordered by a prior court. The defendants being guilty of immoral conduct since last court. Sentence for keeping disorderly house 12 months each in Wilkes jail. Child five years old of Bunker Yates turned over to juvenile court.

Frederick Hemphill, reckless auto driving, paid prosecutor $300 and judgment suspended on payment of cost.

Olin Anderson and E.L. Chambers, sci. fa., $500 to be discharged on payment of cost.

Roey Anderson and Olin Anderson, retailing, continued for the State as to Olin and $300 bond required.

B.F. Olive and F.C. Forester, sci. fa., judgment discharged on payment of $100 and cost.

James Darnelll, manufacturing and retailing (liquor), 6 months on the roads.

H.C. Creed, retailing, case continued.

Clyde Canter, manufacturing and retailing (liquor), 12 months on the road.

Todd Darnell, c.c.w., plead guilty, 6 months on the roads.

Lundy Darnell, c.c.w., 6 months on the roads. Sentence to begin at expiration of another sentence. Capias to issue upon request of solicitor. Reckless auto driving by Will Obey, 30 days on the roads and $25 and cost.

Blanche Carlton vs. Lindsey Carlton, divorce granted on ground of adultery, plaintiff to pay cost.

Turner Green vs. Rosa K. Green, abandonment, divorce granted, defendant to pay cost.

Todd Darnell and J.E. Wayne, cl. Fa., $300 and costs.

Emery Burchette(?), 6 months on the roads for f. and a.

T.R. Fish, resisting an officer, 6 months on the roads.

T.R. Fish, assault, $50 and cost.

Hub Sweet, larceny for temporary use, 6 months on the roads and give bond for $200 for appearance atg each criminal term court and show good behavior. Defendant, to pay cost.

E.S. Darnell, assault and c.c.w., 12 months and costs.

Emery U. Burchette, abandonment, 6 months in jail.

F.H. Bauguess, aiding prisoners to escape, 15 months on the roads and cost.

J.W. Winstead, false pretense, 12 months on the roads with leave to hire out.

James H. Cranbrook, trespass, judgement suspended, payment of cost. Also as to J. Edd McLean and Olin Galther.

Fisher H. Bauguess, c.c.w., six months on the roads of some county, sentence to take effect at expiration of sentence in another case. Capias in issue upon request of solicitor.

State vs. Floyd Martin and Guss Shew, judgment is made absolute for $165 to be discharged on payment of cost to the clerk to be turned over to W.W. Shew in discharge of $100 reward to be paid for apprehension of defendant Floyd Martin, and the further sum of $65 expenses, and also the costs of this sci. fa. to be taxed by the clerk, and this to be full settlement and all claims the ?? have against F.O. Martin.

R.N. Hackett vs. Mrs. Riker (Mrs. Lois Long Hackett) divorce case to be heard at October term of court.

From the front page of the North Wilkesboro Hustler, Aug. 22, 1923

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