- Title
- North Carolina reports [1930 : spring-fall, v.199]
-
-
- Date
- 1930
-
-
- Creator
- ["North Carolina. Supreme Court."]
-
- Place
- ["North Carolina, United States"]
-
North Carolina reports [1930 : spring-fall, v.199]
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2S2
IN THE SUPREME COURT.
[199
State v. Beal.
is addressed to the sound discretion of the trial court which will not be
reviewed on appeal unless the impropriety of counsel be gross and calcu¬
lated to prejudice the jury, and where the record discloses that the court
promptly stopped the solicitor on objection of defendants, and at one
time of its own motion directed the solicitor to stay within the record,
and there is nothing in the record to show the character of the argument
or that the judge failed to do his full duty, the refusal of the motion by
the court will not be held for error.
Appeal by defendants from Barnhill, J., at September Special Term,
1929, of Mecklenburg.
Criminal prosecution tried upon indictments charging the defend¬
ants, pursuant to an unlawful conspiracy or confederation, with (1)
the murder of O. F. Aderholt; (2) felonious secret assault upon T. A.
Gilbert; (3) felonious secret assault upon A. J. Roach, and (4) felonious
secret assault upon
С.
M. Ferguson.
Statement of the Case.
The case grows out of a strike begun 1 April, 1929, and conducted by
the local branch of the National Textile Workers Union at the Man-
ville-Jenkes Company’s Loray Mill in Gastonia, North Carolina. Head¬
quarters of the union were first established on West Franklin Avenue,
and a few doors away the Workers International Relief, an organiza¬
tion designed to care for strikers and their families, had its head¬
quarters. These union and relief headquarters were demolished on the
night of 18 April by persons unknown, or at least not disclosed by the
record. Members of the union then proceeded to construct new head¬
quarters on North Loray Street on a lot leased for the purpose by the
National Textile Workers Union. Here they erected a hall and a num¬
ber of tents for storing supplies and housing strikers and their families.
Fearing a repetition of what had happened to their headquarters on
Franklin Avenue, and not being willing to trust to the protection of the
“one-sided Manville-Jenkes law,” as was stated in a letter to Governor
Gardner by a member of the strike committee, under date of 16 May
(written with the approval of the defendant Beal), the strikers and
members of the union supplied themselves with firearms, shotguns,
pistols, etc., established a voluntary system of patrol, and, in this way,
“determined to defend the new union headquarters at all costs.” Holes
were cut in the front wall of the building through which guns could be
fired without disclosing the identity of the gunners to any one on the
outside.
Meetings were held in the front yard of the premises from time to
time, in fact nearly every evening, at which the progress of the strike
and the condition of the workers were discussed by different speakers,
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