State v. Edwards
| Decision Date | 30 June 1878 |
| Citation | 79 N.C. 648 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. JOHN EDWARDS. |
INDICTMENT for Murder tried at Spring Term, 1878, of JOHNSTON Superior Court, before Seymour, J.
The prisoner was charged with the killing of Kader J. Ballard, and that part of the case applicable to the points decided, is:--
The first witness for the State was Ella Ballard, a daughter of the deceased, aged at the time of the trial six and a half years. The presiding Judge examined this witness on the question of competency on the second day of the term, and being then of opinion that she had not sufficient religious instruction, advised the Solicitor not to send her before the grand jury. A true bill was however found upon the evidence of another witness. Upon the trial which took place a few days afterwards, the Judge examined her, and she then gave the ordinary answers to the ordinary questions put in such cases,--such as that God made her, that He would punish her if she told a falsehood, that she was sworn to tell the truth and would be punished if she did not do so. She was further examined in regard to general intelligence, and the Court was of the opinion that she was a child of more than usual intelligence for one of her age, and that she fully understood what was said to her, and the nature of her answers. It appeared that she had received religious instruction from her mother during the week the Court was in session. The prisoner objected to the admission of her testimony, objection overruled, and prisoner excepted. The witness then testified, that she was six years old, named Ella, her father was dead, John Edwards killed him, her father was pulling fodder in the field when she first saw prisoner getting over the fence, he went where her father was and stopped, her father said to him, “how are your folks,” he said her father had cheated him, he had a gun and shot her father with it (describing the manner in which the gun was held) and then went off through the field to the woods. Witness pointed out prisoner after looking around the court room, and said that she knew him, had seen him often. One Joyner testified that she told him the same story on the day of the homicide, as the one related by her on the trial, and that deceased was found lying in said field, and that tracks led to the woods. Another witness testified that she heard the report of the gun, that witness, Ella, came running to deceased's house, and upon being asked what was the matter, said that John Edwards had killed her father. This was also corroborated by another witness.
After the testimony was closed, the Court adjourned for supper; the jury were kept together, but were not instructed that they should not converse with any one or among themselves about the case; nor was the Court requested to give such instruction, nor was it suggested that any one had communicated with the jury or that they had discussed the case; and for failure to instruct as aforesaid, the prisoner moved for a new trial, which motion was overruled. There was a verdict of guilty. Judgment. Appeal by prisoner.
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