Wentworth, Jan. 23—A number of capital cases from Leaksville township will go over until next week, according to announcement of Solicitor S.P Graves. His aim, however, is to try one capital case this week. It is barely possible that this may be the case against B.R. Franklin for speeding and murder.
This case was called yesterday, but the defense asked for continuance on account of the absence of an important witness. It will be recalled that this case had its origin in July or August, 1921, on Church Street, Spray, while Franklin driving a car, ran over a little girl, Sadie Saunders, killing her.
Judge Dunn stated in court that the witness wanted was Tom Jeffries who was riding with Franklin when the accident happened. The State will contend that the car was exceeding the speed limit, and therefore, the driver and owner of the car, Franklin, was criminally negligent for the death of the Saunders’ child.
The case has been on every docket since August, 1921, with the result that something always interfered with it being tried.
Franklin is in jail, although for a while he was out on bond. It was said in court he was brought here from Tennessee by his bondsmen when he failed to answer when his case weas called some time ago. Judge Dunn explained that Franklin did not expect his case would be called and did not report for trial.
If Tom Jeffries is located by today, the case will go to trial, and if not, it will probably go over to the next term.
Case No. 51
Case No. 51, wherein G.T. Smith and Marie Stone are charged with adultery, was being heard when Court adjourned Tuesday. The alleged offense was supposed to have happened some two or three years ago. Marie Stone is the divorced wife of Robert Stone of Stoneville, but only G.T. Smith is on trial.
Mr. Graves had considerable trouble in getting the evidence he had before the jury, especially in fixing dates. The case weas again on docket this morning.
The Ware, Norton and Spencer case, No. 18, on the calender, was finally disposed of yesterday when Solicitor Graves took a non pros and let the three go.
Ware and Norton are young men, one a married man. The third under indictment was Nina Spencer. About two years ago the three were arrested on a rape charge with a 12-year-old girl of Spray the State’s main witness.
The trio were charged with having led the young Rowell girl away and one of the men attempted the assault, rape on her.
The case was heard shortly afterwards at Wentworth, but the Rowell girl in her testimony failed to establish that she had offered resistance to justify conviction on a charge calling for the death penalty and a new indictment was drawn.
Tuesday when the case was called, it was und the Rowell family had left the State, and there was nothing more for the solicitor to do but ask that the case be non prosed. Mr. Graves said he hated to be forced to do this, when he was convinced a crime had been committed, but he had no other course open.
The assault case of Prof. R.M. Scott, Stoneville school superintendent, who is said to have punished a school pupil too severely, is set for Wednesday, and will probably be tried during the day. Prof Scott was tried last summer at a magistrate’s court at Spray and was convicted. He took an appeal to the Superior Court. His attorneys are Judge Brock of Winston; P.W. Glidewell of Reidsville; Leland Stanford of Stoneville; and Judge A.W. Dunn of Leaksville. A.D. Ivie will appear with S.P. Graves in the prosecution.
From the front page of the Tri-City Daily Gazette, Leaksville, N.C., Wednesday, Jan. 23, 1924
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