Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-09-02
From tle I:2Ielgb standard
State Va. F.. a. Wiley and O9hers-Decis-
ION OF Chief Justice Pearson

MONDAY, Ang. 20, 1870.
The Court met at O'Clock, with Ohief Justice
Pearson and Associate Justices Dick and Settle
on the Bench.
His Honor then read the following decision in
the case of State vs. T. 4. Wiley, J. T. Mitchell
After a careful consideration Of the evidence,
we are OF opiaion that probable cause' has
On a charge Of capital felony the rule is-
"When the guilt is manifest, or the presumption
strong, the party should be committed to Jail
when the evidence does not produce entire con-
viction, but makes in the mind q belief of the
party's guilt, security to answer the charge
should be required.
It is considered that the prisoners be severally
recognized i'll the sum o: $4,000, with two or
more sufficient securities, to appear at the next
term of the Superior Court to be held for the
county of CasweIl, to answer a charge of the
murder of Jno. ". Stephens, Wiley and Mitchell
as principals, and Roam accessory before the
Ia this stage of the proceeding it would not
be proper to enter into critical analysis of the
evidence. but it seems to us to be proper to set
out, in general way, the grounds on which our
conclusion rests
l. Strange as it is, the fact is fixed, that on the
21st OF May, 1870, when a large number of the
| citizens of OssWeIl were assembled in the Court
House, at a meeting of the Democratic party,
| and in the day time the Senator of that county,
means OF cord about nine feet long, with slip
ping moose adjusted near the middle.
The intelligent testimony of DR.. Roam fixes
| the fact that the murder was done in the room
| formerly occupied by the Clerk and Master in
Equity, where the body was found on the next
to the level OF tho skin, a stab each side
| of the neck, and stab in the breast
Dr. RO"n gaze it t,. as his opinion be-
made after the blood had near all receded to the
heart, Iwaich accounted for the small effasion of
blood; and further, that the choking was done
| in that room, for the reason that the cord had
not slipped from its first print, where it was i'm
bedded in the flesh, and the slight spirits of
! blood on the wood in front and the wall at the
of hn cOnl6 have ado tba inn.
preston it did, except as it jetted from the
| wounds, SO the corpus deLictl and the place is
fixed.
q. As to the time, we are satisfied that the
murder committed while the meeting was
going on up stairs, the deceased having left the
meeting and come down at the instance of Wiley.
Aftsr the meeting adjourned (about after A.
and until the Assessor locked his door, about
O'Clock (this room adjoins the room where the
murder was done,) number of persons were in
his room and in the passage; so the muir
der could not have been committed du-
ring that period without a general alarm.
The testimony that the deceased was seen after
six O'Clock, in the public square, walking to the
east, turning the corner OF the railing and then
going south-is unsatisfactory. There is no trace
OF his ever coming back to the courthouse or no
evidence tending to show that he might have
been killed outside, and his body brought and put
in that room ~ half an hour OF sunset, his
brothers and friends were looking for him and
after nightfalI " a guard" set around the
courthouse.
8. As to the persons, the testimony makes out
probable cause, and would be sufficient to require
commitment, provided the witnesses are to be
relied on that ia question peculiarly tit fora
jury-how much reliance can be put in the testi-
mony of reluctant white witnesses and of per-
sons who have been slaves and are now citizens?
This is practical question and the learning of
the law does not aid much in its solution.
SO that our duty is discharged by requiring
bail.
No motive is assigned for this murder except
political aniuloslty.' The circumstances show
it was done generalization with fatal skill,
and by number OF conspirators (either taking
part in the killing. or else keeping watch and
being on the Iookout) to whom the transporting
victim was led up for sacrifice.
Possibly at the trial, further light may be
thrown upon deed, which now leaves a foul
mark on the reputation CT the county of CasWeH.
PEARSON,
SETTLE,
DICK,
justices.
HE Honor directed Mr.. Bagley the clerk to
send copy of decision with the State warrants to
the CLERK OF Superior Court of Caswell county.
Messrs. J. r. Winston, E. 3. Withers, b. B.
Watt, OF Caswell. and II. o. Parker, 3. p. VIII
hanson and 6. T. Stronarch, of Wake, came for
ward and qualified as securities for the appear
ance OF Messrs' Wiley, Roam and Mitchell, at the
next term OF the Superior Court OF Caswell
county.