Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-09-07
NORTH CAROLINA.
The Stephens Murdsr-Decision of Chief
Justice Pearson In the Case o.
Wiley and others.

RALEIGH, August 30.-The Court
met at 8 O'Clock, with Chief-Justiee
Pearson and Associate Justices Dix
aud Settle on the bench. His Homer
then read the following decision in
the case of State VS.. +. A. Wiley, j.
T. Mitchell. and Felix Roam:
After a careful consideration of the
evidence we are of the opinion that
probable cause" has been shown: 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 EVIL
dence does not produce entire cOnvic-
ton, but makes in the mind a belief
of the party's guilt, security to answer
charge should be required" 1t is con-
sidered that the prisoners be SeVerally
recognized in the sum Of 5000, with
two or more Sufficient securities, to
appear at the next term OF the Su-
preme Court, to be held for the COun-
ty Of Caswell, to answer a charge of
the murder of John w. Stephens
Wiley and Mitchell as principals, and
Roam as accessory before the fact. In
this stage of the proceeding it would
not be proper TO enter into a critical
analysis ofthe evidence, but it seems
to us to be proper to set. out, in a gen.
eral way, the grounds on which On 9
conclusion rests. q
l. Strange as it is, the fact is fixe u
that on the Dist of May, 1870, when III
large number Of the citizens of Ca9
well were assembled in the CourE-
house, at a meeting Of the Democratf
party, and in the day time, the Sens.
tor OF that county, a Republican, wals
ehoked down to death by means of n
cord about nine feet long, with a slim,
ping moose adjusted near the middle
The intelligent testimony of DIR. 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
morning, with 'the cord" buried in
the neck to the level of the skin, a stab
on each side of the neck, and a stab in
the breast. DIR. Roam gave il as his
opinion, being an expert, that the
stabs vert made after the blood had
near all receded to the heart (Which
accounted for the small efiusion 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 il was Embedded 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 ex-
cept as it jetted from the wounds, so
the corpus delete and the place is
fixed.
:. is 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 instance Of
Wiley. After the meeting adjourned
about half past FOUR, and until the
Assessor locked his door about six
(this room adjoins the room
where the murder was doneJ, a num-
Der Of persons were in his 0 and
In the passage; so that the murder
could not have been committed dur
ing that period without a general
alarm. The testimony that the de-
ceased 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 evi.
1ence tending to show that he might
have been killed outside, and his
brought and put in that room:
by half an hour ofsunset, his brothers
md friends were looking for him, and
liter nightfall "a guardD was set
the courthouse.
3. ASto the persons, the testimony
makes out probable cause, and would
sufficient to require commitment,
provided the witnesses are to be relied
IN; that is a question peculiarly fit for
jury-h0w much reliance can be put
u the testimony of reluctant white
Witnesses and of persons who have
zen slaves and are now citizens? This
a practical question, and the learn
ng of the law does not aid much in
Is solution. So that our duty is dis
harged by requiring bail. No motive
assigned for this murder except
political animOsity." The circum-
tances show that il was done on pre-
1ediation with fatal skill, and by al
lumber Of cOnspirators (either taking
art in the killing, or else keeping
7atch and being on the lookout) to
'hOm the unsuspecting victim was
II up for sacrifice. Possibly at the
-ial further light may be thrown
pom the deed, which now leaves al
Dul mark upon the reputation of the
)unty Of Caswell.
Pearson, Settle, Dick, Justices. {
.."E II