The only capital case scheduled for trial at the present term of Cabarrus County Superior Court began Friday afternoon when Willie Brantley went on trial to face a charge of rape, conviction for which carries the death penalty in North Carolina.
The prosecuting witness in the case is Mrs. Lillian Henry, 18-year-old wife, who stated in open court that she had been married but that she does not know now where her husband is.
Maness & Sherrin and John M. Oglesby represent the defendant and Solicitor Long is being assisted in the prosecution by Hartsell and Hartsell.
The case was originally called for Friday morning, but in its effort to dispose of all jail cases and other minor cases, court did not take up the case until late Friday afternoon. The case was called about 3:15 o’clock and an hour and 45 minutes was spent in selecting a jury. Mrs. Henry was the only witness heard at the Friday afternoon session, and court recessed immediately after her direct examination.
Forty-four men were examined before the jury was selected. Included I this list were 14 regular jurors, who were drawn first, and 30 men from a special venire of 50 men.
It is interesting to note that of the men excused most of them were freed from duty on the jury either because they were opposed to capital punishment or because they were not land owners.
It is also interesting to note that only a few of the prospective jurors had ever heard anything of the case. Several stated that they had already formed an opinion, but most of them had heard nothing of the case, (words obscured) many others knew nothing of the case, they stated, until the jury summons was given to them and they reached the city this morning. No real sentiment has developed in the case, it was apparent from the answers given by the men under examination.
l.L. Maulden of Concord was the first juror accepted. He was a member of the regular jury at the present term of court and five other of his companions on tis jury were selected for duty in this special case.
Other jurors selected were:
M.L. Ross, No. 9 township; R.S. White, No. 2 township; M.W. Lyles, Concord; Raymond Greene, No. 10 township; A.M. Hurlocker, Concord; P.L. cook, No. 4 township; D.W. Page, No. 8 township; James Sutton, No. 2 township; Lem Ferguson, No. 10 township; C.D. Sossoman, No. 10 township; and C.P. Lippard, Concord.
Among those rejected were:
W.D. Goodnight, opposed to capital punishment; Guy Bever, refused by defense; Andy J. Linker, opposed to capital punishment; J.L. Harvel, opposed to capital punishment; Barney Chandler, opposed to capital punishment; L.A. Ridenhour, refused by defense; C.M. Overcash, had expressed opinion defendant not guilty; R.M. Cook, believed he could not give impartial trial; W.A. Alexander, not free holder; L.W. Russell, refused by State; Homer L. Troutman, refused by defense; T.C. Tucker, not free holder; L.L. Cochran, refused by defense; B.H. Post, refused by defense; W.M. Morgan, refused by State; C.C. Lefler, opposed to capital punishment; G.A. Moose, refused by defense; W.J. Willett, refused by defense; Sim Heglar, not free holder; J.M. Roberts, expressed opinion defendant not guilty; Martin A. White, refused by defense; J.C. Sechler, not free holder; N.R. Threadgill, opposed to capital punishment; Fred Carroll, not free holder; J.C. Wadsworth Jr., expressed opinion defendant not guilty; J. Francis Bost, excused because of ear trouble; L.L. Hargett, had made up his mind on case; Fred L. Howell, had made up his mind on case.
About 12 witnesses were sworn in by the State, but judging from the testimony of the prosecuting witnesses they will have little to testify, as they were not eye witnesses to the alleged crime and most of the State’s witnesses apparently will be corroborative. The defense did not intimate how many witnesses it would introduce. Neither did counsel for the defense intimate what the nature of its testimony would be.
The father and mother of the defendant were with him in court and several relatives of Mrs. Henry were in the court but they had seats separated from hers.
Mrs. Henry testified on direct examination, which was conducted by Mr. Hartsell, that the alleged crime was committed on Thanksgiving night in a piece of woods (word obscured) the old stage road leading from Concord to Charlotte. She was assaulted twice, she testified, in both instances against her will and in spite of her pleas and tears. Mrs. Henry also testified that when she threatened to leave the car Mr. Brantley declared he would killer, and she further testified that Brantley told her he would kill her if she told anyone what happened in the woods. The assaults were committed in the auto in which he had driven her from Concord, the witness said.
The witness declared she first got in Brandley’s car when he drove it to her home. Mrs. Brantley was in the car at the time, the witness added, and she thought the Brantleys were going to take her to Church. After getting in the car she said, she was informed by Mrs. Brantley that there was to be no services that night, so she rode on to Brantley home, where she remained a few minutes while Brantley changed his clothes. Upon her statement that she must return home, she added, Brantley offered to ride her, but instead of taking her home he drove to a filing station, secured gas and oil and then drove to the woods.
The court house was packed to capacity when the case was called and when Mrs. Henry was called to the crowd moved as close to the witness stand as possible to catch every word she uttered. She spoke very faintly at first, but later her voice grew stronger.
At the conclusion of her direct testimony and just as Mr. Maness of the defense started the cross examination, Judge Harding recessed court.
. . . .
From the front page of the Concord Daily Tribune, Saturday, January 12, 1924. The newspaper headline spelled the defendant’s last name as Brantly but it was Brantley throughout the article.
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