Charged on the wone hand with selling whiskey and on the other hand with intimidating Will Stewart, the state’s principal witness in the whiskey case, Henry Goss, a young white man, was tried and convicted in recorder’s court Wednesday on both charges. Judge Graham heard the evidence in the case in which Goss was charged with intimidating a witness and passed out a sentence of 12 months in jail assigned to the county roads.
J.W. Barbee, attorney for Goss, asked for a jury in the whiskey case. The jury listened to the evidence and returned a verdict of guilty. In this case Judge Graham sentenced Goss to serve six months in the county jail and to be assigned to the county roads. The young man, through his attorney, gave notice of appeal in both cases. In the initial case Judge Graham demanded bond in the sum of $500, and in the second cases bond in the sum of $200. Goss gave bond in both cases.
The Goss trials attracted a large number of people to the court room, and both cases furnished legal battles. Goss, according to the evidence, attempted to get the negro Stewart, a bell hop at a local hotel, to leave the city and not testify in his case. According to the evidence, Goss tried to persuade Stewart to leave and when his argument failed, threatened the negro’s life.
In the whiskey case, the defense undertook to furnish an alibi. Witnesses were produced to prove that Goss spent the day near Rougemont on a hunting trip on the same date he was alleged in the warrant with the sale of whiskey to the negro bell hop. The state, however, produced evidence by Stewart that he bought the whiskey from Goss, and also the evidence of Officer Spivey who said that he saw Goss on Church street the night of the sale of whiskey is said to have taken place.
Attorney Barbee, for the defense, argued to the jury following conclusion of the evidence that the evidence built up by the state was insufficient to prove beyond a reasonable doubt that his client was guilty. He called attention to the evidence of Goss’ hunting trip, and urged the jury to believe that it was preposterous to claim that a man would sell another man whiskey right out on the street, within easy view of the police headquarters. Prosecuting Attorney W.B. Umstead argued to the jury that the hunting trip was purely an alibi, and asserted that the evidence furnished by the state was as strong as anyone could expect. He scouted the idea that a man would not sell whiskey on Church street. “There has been more whiskey sold on Church street than on any street in Durham,” he said. “There has in fact been enough whiskey sold on Church street to fill the swimming pool at the Y.M.C.A.” Mr. Umstead declared. The prosecuting attorney argued further that if the hunting trip was a reality that Goss got back to town in time to make the sale. He summarized the trip as one with a stop over in the great state of Lebanon and a return to the city with enough merry booze to set Church street on fire.
Stewart Fined
Will Stewart, negro bellhop, tried and convicted on a charge of illegal possession of whiskey, was fined $25 and costs. Stewart, who was principal witness against Henry Goss, was arrested by police several days ago.
From page 2 of the Durham Morning Herald, Thursday, Dec. 18, 1924
newspapers.digitalnc.org/lccn/sn84020730/1924-12-18/ed-1/seq-2/
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