Brock murder 22 Mar 1864

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Brock murder 22 Mar 1864 - THE CRIMINAL COURT. John Brock Arraljnetl for...
THE CRIMINAL COURT. John Brock Arraljnetl for the Mur dcr of his Wile The Trial Post-ponetl Post-ponetl Post-ponetl Until the May Term Twenty Minor Convictions. The Criminal Couf t of New Hanover county convened Monday at 10 a. m.f his Honor, Judge O. I. Meares, presiding, and the Hon. Alfred 31. Waddell acting as solicitor in place of Solicitor B. K. Moore, who is confined at his' home with sickness. The other officers of the court present were Clerk W. R. French and Sheriff F. H. S ted man. The following grand jury was etnpan-nelled: etnpan-nelled: etnpan-nelled: Robert C. Orrell, II. M. Bishop, - Jr., B. Kelly, J. W. Holmes. A. 31. Biggs, W. 31. Poison, G.rVV. Yopp,n.K. Holden, liichard Peden, Jr., S. F. Yopp, W. W. Mcllae, S. J. Bryant, S. V. Nobler, Jno. Ci. Wagner, John Sheehan, Jr. Hotert C. Orrell was appointed and sworn in as foreman of the grand jury, and Charles 31. Harriss wa3 sworn in a3 ofGcer of the same. The following cases were disposed of: State vs. Bella Perry, larceny. Defendant Defendant pleaded guilty and judgment was su.-?jended su.-?jended su.-?jended upon payment of the costs. State vs. Josh IJoone, colored, assault and battery with a deadly weapon. Judg ment suspended on payment of the costs. State vs. James Haynes, colored, carrying carrying concealed deadly weapon. Defendant Defendant pteaded guilty and judgment was suspended on payment of the costs. State vs. Josh Boone, colored, carrying concealed weaixn. Defendant pleaded guilty and judgement was suspended on payment of costs. State vs, Charle3 Simmons, and li. II. Hunter, colored, atfray. Defendants pleaded guilty and judgment was suspended suspended ufon payment of the costs. The commissioners were authorized to hire them out. State vs Henry Blocker and Wash Paj-ne, Paj-ne, Paj-ne, colored, larceny. Defendants pleaded guilty. Judgment reserved. State vs. Archie Davis, larceny. Defendant Defendant pleaded guilty. Judgment reserved. reserved. State vs. J. II. Smith, assault and battery battery with a deadly weapon. Defendant pleaded guilty. Judgment reserved. State vs. D. W. Teachy, misdemeanor. Defendant pleaded guilty and judgment was su5iended upon payment of the costs. State vs. Joe West, cruelty to fowls. Defendant pleaded guilty and judgment was susjended on payment of the costs. Defendant was recognized in the sum of 100, with J. W. Whitney as surety, for his appearance at the 3Iay term. r State vs. John Rhone, colored, larceny. Defendant pleaded guilty and was sentenced sentenced to a term of six months in the county house of correction. THE WIFE MURDER. The court at 1 p.m. took a recess until 3 o'clock, ana when it met again the grand jury came into court and returned a true bill against John Brock, white, charged with the murder of his wife, Winnie Brock. John Brock, the accused, was brought Over from the jail and was placed in the dock at exactly 3:13 p. m. The handcuffs handcuffs were immediately unlocked and the prisoner sat facing Judge 3Ieares and the bar. Excepting his moustache, he was shaved clean, his hair had just been cut and he wore a neat black suit of clothes. It was noticed that he kept his lips tightly compressed most of the time, and otherwise displayed uneasiness by continually rolling one hand in the other and twisting the fingers of fir3t one hand and then the other. Judge Meares appointed Herbert Mc-Clammy, Mc-Clammy, Mc-Clammy, Esq., and P. B. Mantling, Esq., to defend the prisoner. As soon as Brock had taken his seat in the dock, the court instructed the clerk to arraign the prisoner. prisoner. "Stand up; hold up your right hand." 6aid Mr. French, the clerk, to Brock. The prisoner obeyed, and also put his hand down, as the clerk immediately instructed instructed him to do after holding it up. The clerk then read to Brock the indictment indictment which accuses him and puts him on trial for his life for murdering his wife "wilfully and with malice aforethought." aforethought." "What say you, are you guilty of the crime wherewith you stand charged?' asked the clerk. 'Not guilty, sir," answered Brock. "How will you be tried?' asked the clerk. Upon being prompted by 3Ir. 31c-Clammy, 31c-Clammy, 31c-Clammy, the accused made answer: "By God and by my country."' "3Iay God send you a safe deliverance," deliverance," said Clerk French according to the usual form. The counsel of the accused were asked if they were ready for trial, whereupon, Mr. McCIammy arose and stated that as he and 3Ir. Manning had just been assigned assigned to the defense of the prisoner. k for time to rre- rre- Col. Waddell Temarked to the Court that he knew it was customary to allow such cases to go over a term, and while the State would like to have as speedy a trial as possible, he did not feel like objecting objecting on the part of the State, especially especially as it was quite likely that one of the State's principal witnesses could not be gotten here at this term. Judge Meares then stated that the case was continued until the 3Iay term-These term-These term-These proceedings occupied just ten minutes, minutes, and immediately the handcuffs were replaced on Brock and he was taken back to jail. OTHER PROCEEDINGS. The court disposed of other cases as follows: State vs. John J. Bauman, colored, carrying concealed deadly weapons. Defendant pleaded guilty and was sen tenced to pay a fine of and costs. The commissioners were authorized to hire him out. State vs. John Downing, colored, carrying carrying concealed deadly weapon. De-fendant De-fendant De-fendant pleaded guilty" and was fined 25 and the costs. The commissioners were authorized to hire him out. State vs. Isaac Chapman, colored, larceny. Defendant pleaded guilty, and was sentenced to six months in the county house of correction. State vs. Robert Waddell, colored, carrying concealed deadly weapons. Defendant Defendant pleaded guilty and was sentenced sentenced to rav a fine $20 and the costs. The commissioners were authorized to hire him out. State vs. George Hall, larceny. Defendant Defendant pleaded guilty and the case was nol prossed upon payment of the bill of costs. State vs. John Dickson, colored, as sault and battery with a deadly weapon. Defendant pleaded guilty. Judgment served. State vs. Robert Henry, colored, larceny. Defendant pleaded guilty and was sentenced to twelve months in the county house of correction. The court at 4:30 o'clock p. m., adjourned adjourned until 10 o'clock this morning. Pursuant to adjournment for recess on 3Ionda3 evening, the Criminal court met Tuesday at 10 o'clock a. m. The first business taken up was the case of the State vs. Wm. L. Smith, lately cashier of the Bank of New Hanover, Hanover, charged with making a false statement statement to the State Treasurer concerning the condition of the Bank of New Hanover, Hanover, e Attorney General F. I. Osborne, of Charlotte, and W. R. Allen, Esq, of Goldsboro, were present as counsel for the State in the several bank cases pend ing. Judge D. L. Russell and 3Iarsden Bellamy, Esq.. appeared for the defendant defendant Smith. The State having made a motion to consolidate the case of the State vs. W. L. Smith with that against Isaac Bates lately president of the Bank of New Hanover, under the same charge, Judge Russell gave notice that such a motion would be resisted, and while his defen dant client was anxious and ready to go to trial in his separate cause, his counsel would have to ask time to prepare argu ment against consolidation, as they did I pre not consider it lawful or proper. He the i I called attention to the fact that two subpoenas subpoenas to the State Treasurer in this case had been returned as not executed, but Mr. Bellamy, his associate, produced both of the subpoenas as having been endorsed as executed. These subpoenas called for all the statements made to the State Treasurer by every bank in North Carolina, and they were necessary for the defense of 3ir. Smith. Hence the counsel asked the court to grant a post ponement until these papers could be secured from Raleigh. State Treasurer Tate, being present, related that the first subpoena was served on him during his extreme illness, illness, and that he had taken no notice of it. The second subpoena was served on him last Sunday only about a half hour before he left Raleigh for Wilmington, so that it was impossible for him to i : it i - f urmg papers wim mm. in answer to a question as to when he could have these papers here he answerred tnat he could do so by Thursday. vs. vs. vg. fiom Coward, from from i I tr-ti tr-ti tr-ti Judee Russell then asked the court. I .w wV - LitJiin . iney would nave to as pare for it. 'IIow about setting the case for Monday Monday nextr" aked Judge 3Ieares. Mr. 3IeClammy stated that he supposed supposed it would require several days to dispose of the bank c'ases, and if the trial of Brock could be deferred until a day later than 3Ionday it would enable him and his associate to look into the case. Continuing, however, 3Ir. 3IcClammy informed informed the court that it would be more preferable to have the trial of Brock continued until the 3Iay term of this court. It was not customary, he said, to put a prisoner on trial at the term in which, he was arraigned, arraigned, and he would therefore ask that the case go over until the next term. The State relied largely on circumstantial circumstantial exidence to convict the accused, and a it was a matter of the greatest mag-- mag-- mag-- postpone the case until Thursday. Mr. Allen for the State said thev would resist a postponement as the de fendants showed no good cause for ask ing for a postponement. Col.Tate,he said. had brought with him from Raleigh the statements of the Bank of New Hanover, and he could not see what necessity it was tor the defense to claim the state ments of other banks. Postponement would be resisted unless it was shown that these papers were absolutely necessary. necessary. Mr. Weill of counsel for the defence, stated that he had understood that State Treasurer Tate had said he would not bring the statements of the banks of the state, as tne defendants were not entitled entitled to them, and for the reason that it would give notoriety to the affairs of every bank in the State. If the defendants defendants ever get before a jury they would show that these statements of the various oanks in the State are necessary to the defence. Judge Meares announced from the bench that affidavit would be required that the papera were necessary before he could consent to order a postponement. Attorney General Osborne called attention attention to the fact that a postponement on an affidavit so made would constitute the maker of the affidavit the judge of the law in the matter. He said the State ! would retmire the defence to move for a postponement according to the rules giving reasons why. - r mr - ..ur. jiarsaen reiiamy stated that the defense did not want the case continued continued but only postponed for a dav or two. -L-ulala, -L-ulala, -L-ulala, ria.; H. T,;iAa u. ,ii i.i-.- i.i-.- i.i-.- i.i-.- " ' tiyu. mc loit- loit- unui ... w niv avcuscu urt-u urt-u urt-u inai iime i Thursday, be given him and his associate for nrnnM rol.nf .1,.. : : I . " 'toluuu JJatt-, JJatt-, JJatt-, was . r-, r-, r-, uvwiucj "i,triit;rai was not tlie purpose of the State, he knew, to take a life without giving the accused the fullest opportunity for defending defending that life,and he hoped the Court would consent to a postponement of the trial until the next court. Mr. "Mannirig joined in this request. Judge Meares asked Col, "Waddell if the State bad any objection. its continuance also until asked for Thursday. Mr. Weill, counsel for Mr. Bates, said his client was ready for trial and would resist postponement. Col. Strange, speaking for Col. John Wilder Atkinson, one of the defendants in these cases, urged that his client was "C. I. "Mr iron without it jf i grown and inedi-cine has bealtby Eakota. fieliel exceuent Mountain, lat5JWIce,

Clipped from The Semi-Weekly Messenger22 Mar 1894, ThuPage 8

The Semi-Weekly Messenger (Wilmington, North Carolina)22 Mar 1894, ThuPage 8
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  • Brock murder 22 Mar 1864

    Brock1488 – 29 Dec 2013

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