The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-04-27

mitted in many sections of the country ans
I think I am speaking the sentiments :.
every good citizen of Wake county. when
saw It is the desire of the people of III.
county that these outrages shall cease.
think without distinction of party or coin,
white men and black men in the county ~
Wake all desire to see the time when such
outrages will be among the things of The
past. and with great submission think that
in case of this kind, as one of the means
whereby o better state of feeling NAV
be produced in the countyof Wake i
by absolutely requiring substantial bond
in the case, bond OF considerable amount
whenever parties are brought before tbi,
Court charged with an offence of this kind
and substantiated as has been this here tn.
night
Your Honor will see by referring to the
acts of the Legislature OF North Carolina
that this offenceis punishable with ten years
in the penitentiary, therefore an ordinarf
bond would not meet the requirements oe
the occasion. / do trust that this may by
the last time that we will be ever called upon
to the bar of this Court House for the bur.
pose of deciding acase of this character:
and do believe, sir, if the proper steps were
taken to settle matters of this kind better
t, feeling would return among the citizens of
Wake county and quickly these things would
entirely cease; but in order to put check
on such grave crimes the Legislature sees
fit to make it penitentiary offence and
condemns the man convicted of case of
th;s character 10 ten wears nun;sbment.
s s,i I think fiat where the nrn;shment 10
r;,,atn davs one wear or two years, cont;na.
n,en,t in The nen;tentiarvy or whatever other
rrr;sbment 4 NAV he vour Honor reon;res
= hail commensurste with the offence
tb;nL the mnaon;tnde IF the offence ouobt
siuavs f. beconsidcred in FIXING the anonnt
of hond 70 he reonired II is said Inv NV
fr;end Z tbe District Attorney that the
arnonnt n. hail that oroht lto he reoonired
u 40 - If th;a character .o,,obt nc,vcr To he
recs;vsd n snms jess than five thonsand
/ dn1ists g ~ 4
n. CIV Rrauo cot,nsels for the defendants
nr -, Z 70 H;s Honor that the object Of
hail was IN an cases not punishment Int to
renu;re and secure the annearancc of the
offenders -befnre-the Conrts He admitted
and believed no one could be mistaken who
would look around the Court House. that
there ,vaa GREAT interest felt in this case and
there seemed 10 he great excitement in every
case of this kind He would fully concur in
what his friend Jndce Fowle had said in
relation r. violent acts of tbis desc,intlon
and he for ono ebonld roio;ca I'm COO i.ynr1'
tL;r,, If tbo hind 'cooso not ,onlu o3f..nceS
~ M. Lind bnt otber offences which wore
oor,no,, ~ tha oo,,r,,,r;t,,. house ',,,,rn;n,,
"a o.har r,nlont rn1s WIN, octs n. bol;aye'
al that ,,,ost IF tbe eomm,,nitv desirad IN
900 -, ond mt N oil sncb pnlov f,,I acts -
~ ~ n Is ~. 80 a. .;aar,a 80. j.,
ne aunl: 40 "a, 90 sno o'.S "on W., ~
t,iis na'1e' ~ niauo piilia itseio 1.'so, puU
.hey snouiu iecolleoe lla1 'ne uIlcnuanIs
nau ny 'nousus ~ Piopoi " tuhc upon
themselves 10 oner any eestmony III TINS
lnVestigatlon, put MS cnlei argument against
the BOND demanded was That It was uncon-
stltutlonal and In conflict with the bill OF
rights of the Constitution, which expressly
stated that excessive bail shall not be re-
| quired.
Mr.. Badger for the prosecution: | agree
with the learned counsel who has just i'd
| dressed you that the object of bail is to Sc
| cure the attendance of the defendant for
| trial IF there is a,rin,n fac;e evidence that
| be hoe hoan ,u;ltv Of ,.rrdsr 4 i ynrr
| Honor,s dntg tn send the offender 10 The
| common iaii of fine county until he is tried
| Yonr Honor ;s not l,,er,n;ited III Is,ra.,t hull
! and whv is it accord;ner m comm law
| your Honor Is not nermitted To grant hail
| in cases of murder9 It is because the Of
fence is so henious The crime is "a vile
| that according tn common law and mr. oyn
statute law mo amount of hail lconld nro.
cure the attendance of the offender in the
courts of iustice In ord;norv /, crimes Of
| assault and battery honda of large amount
| are required What is the offence that these
| men are charged with, and for which they
/ have made no defence? Two witnesses
have sworn direct and plain to the identity
i of the two men, one to one and the other to
both. One has sworn directly to as great
an outrage as could possibly he committed,
as henious an offence as murder ltself.
say, and believe your Honor Will bear me
out IN the statement, ana THINK am Justl-
y ned IN making II, tnat murder itself, unless
1T be accompanied by some unusual malig-
, mty. Is NO more henlous offence than for
tnirty-nye disguised men to 60, 2 the house
ol poor man, take MN Irom and
: sle INN hana ana Ioo5 ~ Rne
e . ..t,;s3, e conr;o IN :.
5 accord;nr - .ha s.ot,,.o ao'
E 49,. e. a. S.a ~ ~ ~ ii .N
int !
conca;vo T. - no ,,o,,r uona.,. "..I
occasion .ta r,,on;re hond If ,bsso dosand
. .-: ~ ~ Ianv o'uu VI 'hcso ue.cnu
: tendance for trial and ;f copv;c..J ' no "s
e merited nnn;shnosnt tn H.. .f Il,
punishment Is ten vears in tbs Pen;,.m,r. rr
and muot confess oonno. 80 as-.h;.,
nninst in The rennest IS .ho n;st.,a .nn
, new in askinc vour Honor 70 reon;re, ho;
which l. M, syooss;as ot ~ ..qune pa'
t;on tbo saAoa nv 'on'' ~
men if cpuv;cted Of the thas o SseS - 'i'e''
Mr. Rushee re,orded tba r,,,;,. - ;n,o
cence of tbe nr;sora.S tS W ,'..o
made ont ao,a;ns. H., "m..n VIZ. .no oaSo Ma'
NOT the case was onanf VI ,. NV. =. mno'ne, u
os ~ ~. aao.;ro 40 o"e :. s.eas susP'clon1
7 tbers w u s.s,n lug amou.1 u sae oonu: y
t the defsndon,s y SuSP,uiI m VI .ne Su.l' y
hind them ouar br. 90 .ba ats uu'y y
snbstsnt;.tod "A ~ ~ .nas suS oaSe peils Mcl
for in ali .ha LII nam oa,i any ng'iei
tbe c;rcnn,ss.no aS Ue. was W VI uIuvu =.
camnlexion o. N, r ~ .no saso Us poh.ica
t;on for tba Co.. nh rano "as hoea qucs
tainlv dec;de 49, ~. ~, 0ou n; snou'u ger
aga;nst tho larus NJ. ,nS C s.inpio onei ~
as he M p 1awS =, Nol'n oaronha; AS la
SOW ~ ~ th.,o uee, was concerned nc woule
roS,orIoa I'll, 20 W olaini " nicn tiia' III
al rnoranda,s ny III noiior man lnese mask
w;I, i ~ . suo ng was Always ready ant
ro,ror !, ~ ,sn9ei al tue assistance IN MI
Pou:. ~ pus uown sucn unworthy citizens
LIS nonol saia: In times Ike tins 1t Il
49, u" 10 hghiy necessary-lt is
10y VIC owe % ourselves, TO our country
M anu " our iamiiies, 10 90 all that We posi-
nly can 20 suppress with the strong arm of tn
+ iaM y, ;na,1ers OF TINS Kind
1t IS the especial duty of the Court to pro
sgcs tne ayes OF citizens by every means pos
. siole IN us power to do SO. do not allow
f any outside matter to govern this Court.
ings So as to be guarded against letting