The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-09-07
STATE VS.. F. A. WILEY AND OTHERS.
Decision of Chief Justice Pearson.
MONDAY Anu % 1870.

MONDAY, Aug. 20, 1870.
The Court met at 9o,clock, with Chief
Justice Pearson and Associate Justices Dick
and Settle on the Bench. ....-
His Honor then read the following decis-
ion in the case of State VS.. F. A. Wiley, ].
T. Mitchell and Felix Roam:
After careful consideration of the evi-
dence, we are of opinion, that probable
cause" has been shown. ---
On charge of capital felony the rule is
"when the guilt is manifest, or the pre-
sumption strong, the party should be COM
mltted to jail; when the evidence does not
produce entire conviction, but makes in the
mind belief of the party's guilt, ,security
TO answer the charge should be required.
1t is considered that the prisoners be sew
orally recognized in the sum of $4,000, with
tSEo-or more sufficient securities, 70 appear
at the next term of the Superior Court, to
be held for the county of Caswell, to answer
n charge of the murder ofJno. w. Stephens,
Wiley and Mitchell as principals, and Roam
rs accessory before the fact.
In this stage of the proceeding it would
not be proper to enter into critical analy-
proper to set out, in a general way, the
grounds on which our conclusion rests
1. Strange as it is, the fact is fixed, that
on the 21st May, 1870, when large number
of the citizens of Caswell were assembled in
the courthouse, at a meeting of the Demo-
cratic party, and in the day time, the Sena-
tor of that county. a Republican, was chok-
ed down to death, by means of cord about
nine feet long, with a slipping moose ad-
justed 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 EquityO where the body was
found on the next morning, with the cordn
buried in the neck, to the level of the skin,
stab ON each side of the neck, and stab
in the breast. DIR. Roam gave it as his opin-
ion, being an expert, that the stabs were
made after the blood had near all receded to
the heart, (Which accounted for the small
effusion 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 imbedded in the
flesh, and the slight spirits of blood on the
wood in front and the wall at the side of the
body, could not have made the impression
it did, except as it jctted from the wounds,
So the corpus delicti and the place is fixed
2. as to the time, we are satisfied that the
murder was committed while the meeting
was going on up stairs, the deceased having
left the meeting and come down at the in
stance of Wiley. Aftsr the meeting adjourn
ed, about after A. and until the Assessor
locked his door, about o'clock, (this room
aCJn In = h.
done0 number of persons were in his
room and in the passage; so the
murder could not have been committed du.
ring that period without general alarm.
The testimony, that the deceased was seen
after six o'clock, in the public square, walk
ing to the east, turning the corner of the
railing and then. going south-is unsat-
istactory. There is no trace of his ever
coming back to the courthouse or no evi-
dence tending to show that he might have
been killed outside, and his body brought
and put in that room; by half an hour OF
sunset, his brothers and friends were look
ing for him and after nightfall "a guard'f
was set around the courthouse
3. as to the persons, the testimony makes
out probable cause, and would be sufficient
tc require commitment, provided the wit.
nesses are to be relied on F; that is a question
peculiarly fit for a jury-how much reliance
can be put in the testimony of reluctant
white Witnesses and of persons 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 requir-
ing bail.
No motive is assigned Ior this murder ex-
cept political anImosity." The circum-
stances show it was done on premeditation
with fatal skill, and by number of conspi-
rators (either taking part in the killing, or
else keeping watch and being on the look
OUT to whom the unsuspecting victim was
led up for sacrifice.
Possibly at the trial, further light may be
thrown upon deed, which now leaves
foul mark on the reputation of the county
Of Caswell.
PEARSON,