New-York tribune., 1870-09-01
NORTH CAROLINA.
THE STEPHENS MURDER-DECIsIoN OF CniEF-
JUSTICE PEARSON IN THE CASE OF WILEY
AND OTHERS.

THE STEPHENS MURDER-DECIsION OF CiiEf-
JUSTICE PEARSON IN THE CASE OF WILEY
AND OTHERS.
RALEIGH, Aug. 29.-The Court met at O'clock
with ChiefJustice Pearson and AssociateJstces Drk
and Settle on the bench. His Honor then read the fol-
lowing decision in the case Of State agt f. A. Wiley, j..
T. Mitchell and Felix Roam:
After careful consideration Of the evidence ~
opinion that probable cause has been shown On a
eharge OF caPita ieGny ine rue 1ro s nry y bd m
committed 10 jail when the evidence does nor podue"
entire conviction but makes in the mind bee OF The
parys guilt security to the charge should be re-
required 1t is considered that the prisoners be r"N
orally recognized in the sum OF 5000 with two or nor"
sufficient securities appear ct the next term ~ M"
Superior Court to be held for the County OF SasWei L"
answer a charge OF the murder OF John W. Stephens-
Wiley and Mitchell az principals and Roam accessoIy
before the fact In this stage OF the proceeding "ou
not be proper enter into critical analysis % ~f 'y
dence but IL TO I've proper 10 set ont, ~ gen
eral way the grounds ON which our conclusion rests
tv is7O wSe1 large number OF the citizens Cu,we
were assembled in the Court House. at meeting Of The
maj county Republican was choked down TO death by
means OF cord about nine feet tong, with slipping
moose adjusted the middle Ths Intelligent t'sti
mony of DR.. Roam fixes the fact that the murder wa.
done in the formerly occupied by the Cle.k ani
morning. with the cord" buried ia the meek 10 the level
the skim stab each side OF the neck and stan
In the breast. Dr. Roam gave 1t az MS opnh; D'g an
expert that the stabs were made after the bood had
near all receded to the heart (Which accounted for tr
small effusion OF bloodl anu tufther that he ,sns
was done in that rOom for the reason thas the e BAD
not slipped from its print, where 10 was nhcldeu m
the flesh and slight spirits OF blood on the wood ia
front and the wall at the side Of the body eoud not nave
made the impression IL did except as Jettca rom TIE
wounds so the corpus dsitce ana the place y hNtu
q As TO he time, satisfied that the muiG'f "aS
committed while the meeting going on up starr me
deceased having LETT the meeting ana come down at the
a. and until Assessor locked his door about o'clock
bis adiOns the where the murder was done.
number OF persons in his room and IN the passag
80 that the murder could not have been committed dur
ing that period without general alarm. The testimony
that the deceased was seen after o'clock IN TIE public
sGuare walking the east turning the corner OF tho
railing and going SOUTH IL unsat factory There u
no trace his coming back 10 the Count House or
no evidence tending TO show that be might have been
killed outside and his body brought anc put IN that
room by hour Of sunset his brothers and trends
were looking for him, and after nightfau guard was
set around the CourtH House.
g. AS 10 The persons the testimony makes ont probabe
cause and would be sufficient tO require commitment,
provided the witnesses 10 he relied on tnat s
question peculiarly Mt for jury-how much reiaDeo
can be put tie testimony OF reluctant white witnesses
and OF persons who have been slaves and are now ct
zens This practical question and the learning OF tho
law does aid much in it's solution. so that our dnt
is discharged by requiring bail No motive s asHigned
for this murder except political anmOsity" The crcun
stances show that IL done on reconciliation win
fatal skill and by number ofconsprators eitber taking
part in the killing else keeping watch and being on
the lookout 20 whom the unsuspectng victim was led uP
for sacrifice Possibly the trial. further light may bo
thrown upon the deed, which now leaves a fou marx
upon the reputation OF the County Of Caswell.
PEARSON, SETTLE, DICK, Justices.