Wentworth, Jan. 24—This morning when the case of B.R. Franklin for murder and speeding was called, the court was notified that the mother of Mr. Claybrook, one of the jurymen, died last night. Mr. Claybrook was excused from duty.
The attorneys for the state and the defendant, after a conference, agreed upon a sentence of six months in jail, and Judge Bryson passed sentence accordingly.
Franklin has been in jail four months awaiting trial.
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Wentworth, Jan. 24—State vs. B.R. Franklin, calendar, No. 7-8, came on for trial before Judge T.B. Bryson and jury in criminal court here today. Franklin is known as the barber who worked in Strong’s barber shop on Washington Street, Leaksville.
When the case was called the day before, the defense was not ready for trial because of the absence of an important witness, Tom Jeffries, who was in the car with Franklin when the accident occurred don Church Street, Spray, resulting in the death of Sadie Saunders, for whose death Franklin was indicted for murder and speeding.
Solicitor Graves, for the State, announced that he would not ask for more than a verdict of second-degree murder, or manslaughter.
It appears that on July 2, 1921, Franklin went to a ball game at the Leaksville Ball Park. After the game, Tom Jeffries and Sam Redman asked Franklin if they could ride with him. Franklen consented and they started west until they reached Church Street. Franklin stated that he had never (seen, known?) Jeffries and Redman until this time. Jeffries sat in the front seat, Redman in the back seat. On the way to Church Street, Jeffries swore, Redman had cautioned Franklin about the speed limit.
The State placed Mrs. Byer on the stand as their first witness. She told about seeing the car coming east on Church Street as she was going west. She said the car was going very, very fast as it went by with three men. Mrs. Byer told about looking around after the car had passed her, and of going to the spot where the car struck the child, stating that the child died a few minutes afterwards. She told about an ice truck on the north side of the street, and a little footbridge across the ditch on the south side of Church Street. She also indicated where she was when the car passed, where the child was when the car struck it, and where the car stopped after striking the child. She testified that she pointed out these three places to J.S. Trogdon, Civil Engineer, who two or three days later made a blueprint of that section of Church Street.
Mr. Trogdon was then called on the stand and produced the blueprint. After explaining the distances, width of the street, the grade, etc., Mr. Graves asked him if he would make a drawing on the courthouse floor during the noon recess. He did so.
After the Court reconvened Trogdon again took the stand and explained the floor drawing that he had made. From where the child was struck to the east side of the Holly house, where the car stopped, the distance was about 70 feet. From the ice truck to where the child was crossing the street when the car ran into her, was given as 18 feet.
A number of other State witnesses who were eye-witnesses to the affair, told about the great speed of the car. A Mr. Noels stated he thought it must have been going at 40 miles an hour. Five or six others told of seeing the accident, there being no material difference in their testimonies.
As to the Defense
Franklin took the stand as the first witness for the defense. He swore that he did not believe his car was going over 18 ore 20 miles an hour; that he did not see the child until she was in front of his car; that he was going east on Church Street, meeting a two-horse wagon just as it (??word obscured) between his car and the ice truck; that it was then the child came from behind the wagon and truck and in front of his car. He said he did not know how he stopped the car. He did not know if he applied the brakes as he should.
In explanation of being absent from the State when his case was called at the last court, he said he got a letter from his mother at Huntsville, Ala., and he took his wife with him and went to his mother. He then went to Nashville, Tenn., and went to work in a barber shop there, where he was when his bondsmen sent for him. His wife returned home and was to let him know when court was to convene. He said that it would not be before October.
On cross-examination he stated that he was not drinking; did not have drink that day or week. That he would not have killed the child for all of Spray.
Tom Jeffries corroborated his evidence in all essential parts. They had not been drinking on the ball grounds or else where. Sam Redman was not in court.
A number of character witnesses were called who testified to Franklin’s reputation, all of them declaring it was good.
The evidence was all in before time for adjournment, and Mr. Glidewell started his argument for the defense, speaking about 15 minutes. Attorneys in the case are P.W. Glidewell of Reidsville and A.W. Dunn of Leaksville of the defense. A.D. Ivie assisted S. Porter Graves in the prosecution.
From the front page of the Tri-City Daily Gazette, Leaksville, N.C., Thursday, Jan. 24, 1924
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