Wentworth, Jan. 24—G.T. Smith, Stoneville and Mayodan ball player, was acquitted on a charge of fornication and adultery in Superior Court today. Smith and Marie Stone were charged jointly in the indictment issued on complaint of Bob Stone, former husband of Marie Stone, who was Miss Marie Newberry before her marriage to Mr. Stone.
Smith and Marie Stone had been together a number of times. It was shown that Mrs. Stone had taken Smith riding in her car a number of times.
It was said that at one time she called for Smith near or at Stone’s store; that Smith boast of his relations with her; that on one occasion Smith was at the Stone home when Mr. Stone came home, and finding him there, fired a pistol shot at him, which took effect. Smith was said to have went to Roanoke after that, returning to this State about the time officers were sent there for him. This was about 12 or 15 months after the shooting affray at Stone’s.
There was no direct testimony to sustain the charge. The nearest approach to it, was the testimony of two witnesses who had said that Smith had publicly stated, or boasted about his relations with her.
Mrs. Stone was not on trial and her side of the story was not revealed. It was said by Stoneville people outside the courtroom that Mrs. Stone has married again and is living happily in Reno, Nevada.
Mr. Glidewell, one of Mr. Smith’s attorneys, who always fights like a bulldog, injected the question of the (word obscured) of the statutes of limitation (words obscured) good share of the evidence offered and the date in which the complaint was filed. This may have been the turning point for the jury in acquitting. For the jury came into the court and asked for additional instructions along that line.
Judge Bryson, in is original instructions, seemed to have made this point very clear, but the jury must have become confused over the matter. When the jury came back to their room after the court had refreshed their minds, they once agreed on the verdict and reported the same in court.
P.W. Glidewell and Leland Stanford were Smith’s attorneys while A.D. Ivie led the prosecution with Mr. Graves.
The defense did not introduce any witnesses.
From the front page of the Tri-City Daily Gazette, Leaksville, N.C., Thursday, Jan. 24, 1924
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