Greensboro, Feb. 19—Continued evidence of a damaging character against Mrs. H.B. Varner, suing her husband, the well-known Lexington publisher and editor for “a reasonable subsistence,” featured Friday’s session in federal court.
The defense introduced a long list of witnesses who testified of various incidents of an incriminating character against Mrs. Varner and her alleged intimate relations with Baxter McRary, wealthy Lexington negro.
Telephone employes of the Lexington exchange testified to repeated telephone calls which went over the lines between McRary’s telephone number and the number of the Varner home for the past few years.
In the afternoon the most sensational testimony was given by Bob Redwine, an employe of the Lexington telephone exchange. He testified that one month previous to the time the 18-year-old boys were going to camp, he was employed at the exchange between the hours of 9 p.m. and 7 a.m. One night (he wasn’t certain of the date) about 10 p.m. No. 53 (McRary’s telephone number) called No. 117 (Mr. Varner’s number). He declared that when No. 53 called, he asked Paul Grimes, a student in the office, if he wanted to listen to the conversation. He did and the two men listened. He testified that he recognized the two voices as being those of McRary and Mrs. Varner. According to Redwine, McRary said: “I’ll be down in a few minutes,” and that Mrs. Varner replied: “All right.”
Mr. Redwine said he then told Grimes: “Let’s watch and see if he does come down.” Continuing, he said: “In about 15 minutes we saw McRary coming. When he got at the entrance to the alley running in rear of the Varner home he turned into the alley.” The witness couldn’t say how far he went down the alleyway, as a barn obstructed his view.
He declared that in the years of 1918, 1919 and 1920, it was not an uncommon thing for No. 53 to call No. 117. He did not know who answered the telephone at No. 117 at all times.
Mrs. Hildred Anderson, an employe of Meyer’s department store, this city, and a former employe of the Lexington exchange, testified that on one occasion No. 117 called 52 (she contended that No. 52 was McRary’s number) and that she heard the following message. “I have the papers, meet me.” After hearing this, she said her attention was attracted to another number and that upon returning to the McRary-Varner line, she heard McRary cough and hang up the receiver. On another occasion, Mrs. Anderson testified, McRary called and said: “Meet me at the bridge at 2 o’clock.”
Ed. Beck for nine years an employe of the telephone exchange, testified that in the summer of 1916, before July 15, No. 53 called No. 117. He intended listening from the start but his attention was called to another number. However, he declared that he returned to 53-117 line in time to hear: “You’ll see.” He was certain the voices of the conversationalists were those of McRary and Mrs. Varner. This occurred after 10 p.m., said the witness.
This ended the telephone folk testimony.
Hill Beck, an employe of a motor company near the Varner residence, testified that in the summer of 1917, after midnight, he saw Baxter McRary enter the side entrance, between Dr. E.J. Buchanan’s and Mr. Varner’s houses. He didn’t see him after he turned into the entrance.
James Hall, another garage employe, testified that between October 5 and October 15, 1919, between the ours of 8 and 9 o’clock at night he saw McRary get out of his automobile near Dr. Buchanan’s office, located next to the Varner property. McRary then went through the side gate of the Varner premises. He asserted that he remained on watch until 11 p.m. but McRary never returned, as far as he knew. The automobile, driven by another negro, left as soon as McRary got out.
Sam J. Smith, clerk of court of Davidson county, testified that the general character of Redwine, Grimes and Ed. Beck was good.
A.N. Hunt of the Valentine Lumber Company, Lexington, testified that during the summer of 1919, about 11 p.m., he saw McRary and Mrs. Varner standing on the corner of State street and Third avenue. He said it was his opinion they were standing close together; that they soon parted, the man going one way, the woman another.
Mr. Sapp plunged into a tough cross-examination. He frankly asked the witness if his story wasn’t a “fixed up proposition.” Hunt emphatically denied any association with a scheme.
Milton Hedrock, who lives three or four miles from Lexington, testified that he was in the habit of visiting the Davidson capital three or four times a week and that he had seen Mrs. Varner on numerous occasions. One night in January, 1919, between the hours of midnight and 1 a.m., he declared that he saw a man coming away form the Varner premises and that he watched him until he identified him as Baxter McRary.
Frank Koonts, an ex-policeman of Lexington, testified that in July, 1918, about 3:30 a.m. he heard a noise in the rear of the Varner premises and that he walked up the alleyway and found McRary coming from the rear of the Varner lot. In reply to a quesiton as to what he was doing there at that hour of night McRary said: “My cows have gotten out and I thought I saw one of them come here.”
T.M. Burton, for the past three years agent of the American Railway Express Company, declared that in the middle of August, 1919, that he placed himself in a lumber yard in the rear of the Varner property and saw McRary enter the lot. A bit later, the witness said, he heard a door open and shut. This was about 10:30 p.m. He did not see him come out. He stated that he was certain it was McRary, as he passed within a couple feet of him.
Burton made a clear statement on direct examination, but tumbled into all kinds of trouble when Mr. Sapp commenced the cross-examination. He seemed to be terribly confused, with several blue prints in his possession. He was under the fire of the plaintiff’s attorney about 40 minutes.
Burton in his direct examination, testified that he told C.D.Hunt, cashier of the Bank of Lexington, of what he had seen. This information was imparted to Mr. Hunt in July, 1920, while the two men were at Moore’s Springs. Mr. Hunt was called and corroborated Burton’s testimony insofar as his name was concerned. He also gave Burton a good character. L.J. Peacock testified as to the good character of both Burton and Koonts.
From the front page of The Charlotte News and Evening Chronicle, Saturday evening, Feb. 19, 1921
