The
defendant was charged with the murder of Hampton W. Elliott
on the 15th day of November, 1939.
Elliott
and defendant went to Rocky Mount on November 15th, 1939, and
sold some tobacco. The check for the tobacco was made to
Elliott and Hudson. The planters' National Bank of Rocky
Mount paid the check, which was endorsed Elliott and Hudson
by H. W. Elliott. The defendant was a tenant of Elliott.
Elliott was found dead about 4 o'clock in the morning of
November 16th, in defendant's yard, about 35 or 40 feet
from his front door. On the evening of the 15th, after
selling the tobacco, Elliott went to his home, ate supper
about 6 o'clock and went to a barber shop about a half
mile away. At supper time, and before he went to the barber
shop, he took no money out of his pocket.
J
Glenn Collier testified, in part: "I recall the evening
of the night before Mr. Elliott was killed. He had been to
the tobacco market in Rocky Mount that day, and Dollie Lee
Hudson and Norman Bishop had gone with him. Mr. Elliott came
to the barber shop when he got back that night. I don't
know who came with him from his home, but he came in the
barber shop. Mr. Elliott came in first, and Dollie Lee Hudson
and Norman Bishop came in behind him.
"Q.
Now, please state what you heard Dollie Lee Hudson say to Mr
Elliott while you were in there? A. Mr. Elliott was over
there copying the tobacco sales slip from Fenner's
Warehouse and handed the one he copied to Dollie Lee Hudson
and Dollie Lee said he did not want that one, that he wanted
the original that came from the warehouse, and Mr. Elliott
said, 'I want to keep that in case I want to raise some
tobacco next year.' Hudson started out the door. I saw
Mr. Elliott with the piece of paper in his hand that I have
here. I know Mr. Elliott's handwriting; he made the
figures and did the writing on that paper. He laid the piece
of paper on the stand for Hudson. When Mr. Elliott left the
barber shop he went out the door with Dollie Lee Hudson and
Norman Bishop. From the time he came to the barber shop and
went out with those men Mr. Elliott did not make any payments
to anybody of any sum of money. At the time he made out the
copy of the tobacco sale he had the sale for the tobacco with
him. *** I have known Mr. Elliott a long time; have been in
the barber shop with him for five years, and during that time
saw him every day except Sunday.
"Q.
If you know, will you tell His Honor and the jury where he
carried his purse, his bill folder, where he kept his money
if you know? A. In his left hip pocket. *** Mr. Elliott left
the barber shop the night before around ten minutes to 7:00
o'clock. Mr. Elliott went out of the barber shop right
behind the two negroes. I don't know that Bishop was
seated in the car when Mr. Elliott went out of the barber
shop. I say they left the barber shop together. After 4:00
o'clock I did not see Mr. Elliott's body any more
until they brought him home."
Juddy
(Julius) Williams testified, in part: "I know Dollie Lee
Hudson. I saw him the night that Mr. Hampton Elliott was
killed. *** Norman Bishop came in the store with Dollie Lee
Hudson. Hudson bought a drink and drunk it up, a Pepsicola
and started like he was going to hit me, then started like he
was going out the door, and said.
"Q.
Tell His Honor and the jury what you heard Dollie Lee Hudson
say when he was going out of the store after drinking the
Pepsi-cola in Mr. Asa Modlin's store. A. He said when he
was going out of the door, and near about to the door, 'I
am going to kill me a man on the way home or home one and get
in the woods'."
Frances
Hudson testified, in part: "I am the sister of Dollie
Lee Hudson. Last November I was living with my brother
Dollie Lee Hudson at one place and he was farming Mr.
Elliott's land. I recall November 15th, the time Mr.
Elliott and Dollie Lee carried some tobacco to Rocky Mount.
As near as I can guess at it Mr.
Elliott
and Dollie got back to our home that night about 7:30 or 8:00
o'clock. I was in the house with Dollie Lee's wife
and children; her oldest child is three years old. I know
when the car drove up. No one drove up in the car but Mr.
Hampton Elliott and Dollie. The door to the house was shut; I
could not hear any conversation; I could hear the talking but
could not hear what was being said. The car drove up not far
from the house, about eleven steps. When the car came up to
the door the engine stopped. I saw Dollie Lee Hudson that
night.
"Q.
Tell what you heard Dollie Lee Hudson say, what you saw him
do, and everything you did see him do. A. When the car first
drove up we did not go to the door. The motor stopped
running. I heard Dollie Lee say before he got to the house
'You said you were not going to give me a God damned
cent'. When we went to the door he was walking fast
coming in the house. When Dollie got to the house he went on
in the house and went to the bureau and got his gun, a single
barrel gun. I don't know who the gun belonged to but he
had it there. The gun that is here looks like the same gun.
His wife got hold of the gun and he slung her away. After he
got the gun and slung her away he got the shell out of the
short bureau drawer, the same bureau that he had gotten the
gun from behind. When he was trying to get the shell I held
the drawer, pushed it, and he pushed me back, took the shell
and went on out. I don't know exactly how many shells
were in the drawer, or how many shells he carried out. After
he had the gun and shells he went back out the door. After
that we ran out the back door and after we got out the back
door we heard the gun shoot, and after the gun fired we come
around the other side of the house and went to the road. When
we came around the front Mr. Edmund Elliott's car was
sitting on the side of the road. I saw Mr. Hampton Elliott;
he was lying on the ground about eleven steps from the front
door of my brother's house; he was lying beside his car.
Mr. Elliott and his car were about the same distance from the
house. Then Dollie's wife and I went on out to the road
and left. *** I heard some talking but it did not sound like
angry voices until I heard completely what Dollie said, then
his voice sounded like he was angry or mad. After Dollie came
in the house and got the gun and shell we left. As he went
out the front door we went out the back."
E.
Frank Outland testified, in part: "I am Chief of Police
of the town of Rich Square. I have known Hampton Elliott ever
since I was about six years old. I have seen him write a
number of times in his brother's shop and am familiar
with his handwriting. The handwriting on check dated November
15, 1939 for $81.90 is the handwriting of Hampton Elliott.
*** When we got to Hudson's house, we found Mr. Elliott
lying face down and I turned him over. He was lying on his
stomach with his face down. Mr. Nelson went to the body with
me. I got one 50¢ piece, a dime and a penny out of one of his
pockets, the right front pocket if I remember correctly.
Nothing else was taken from his person by anyone when we were
there. I examined the wounds of Mr. Elliott. He was shot in
the neck on the left side. The shot gun made a hole about the
size of a silver dollar in his neck. His face was bruised all
over, his nose was broken, eyes were bruised. There was one
little red place on his chin about the size of a dime. I do
not now recall any other scars about his face. *** We then
came back to Rich Square and telephoned to Williamston and
Raleigh and had it broadcast. In consequence of the broadcast
I went to Robersonville first, then went to Petersburg that
night getting there between 8:00 and 9:00 o'clock. I
think Petersburg is a little over sixty miles from Rich
Square. That was the night of November 16th. I knew Mr.
Elliott's car and found it in the storage room of a
garage in Petersburg, but I do not know the name of the
place. I knew the license number of his car 'North
Carolina 1939, 525-842.' I examined the car and found
some drops of blood on both sides of the door on the outside
and on the inside on the upholstering. The car had one door
on either side, and found blood on the outside of both doors.
*** I have seen Hudson since I found the car in Petersburg
with blood stains on it. I saw him in Raleigh and had some
conversation with him. I did not threaten him in any manner
or offer him any reward or hope of reward. Hudson made the
statement to me that he shot Mr. Elliott, and after he shot
him he went on back in the house and put the gun up. He told
me he beat him before he shot him, and he was lying down in
front
of the car when he went in the house to get the gun; that he
beat him from one side of the car to the other and in front
of the car lights, then went in the house and got the gun and
shot him. He said he did not do anything to Mr. Elliott after
he shot him. ***
"Q.
Mr. Outland, you testified as to the conversation you had
with Dollie Lee Hudson--what statement, if any, did he make
to you in regard to what he did with the car when he took it?
A. He said after he shot him he went in the house, changed
clothes and left, took the car and went to Petersburg; said
he parked the car on a log camp or saw mill lot, and locked
it, and left the keys on the running board. *** It was about
two weeks after then around the first of December that Dollie
Lee Hudson told me in Raleigh about shooting Mr. Elliott and
driving his car away. He said he left the car in Petersburg
on a sawmill lot back off where they kept logs. We did not
find Hudson in Petersburg."
Dr. J
C. Vaughan testified, in part: "I am a practicing
physician in Rich Square; have been practicing medicine for
25 years. (Court holds Dr. Vaughan is a medical expert). I...
