Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-11-07
THE CARTER MURDER CASE.
Dave Martin and An
peal.

The Garter murder case was brought
to a close at quarter before12 o'clock
last night by tho conviction of Dave
! Martin and the acquittal of Jimmy
Anderson
Ihe day was consumed by the
speech OF counsel, and tho case went
| to the jury between and 7 o'clock
yesterday afternoon. About 10 o'clock
last night the jury had agreed, but it
was after IL before all the counsel
could be found. At that hour His
Honor took his seat, the jury being in
the box. The Clerk called over the
jury. The prisoner, Dave Martin.
rose and the Foreman declared him.
Guilty. Jimmey Anderson rose.
and the Foreman pronounced him
Not GuiltY'-so said they all. The
Judge ordered tho jury to be polled.
and each rising IN his place confirmed
the verdicte Of the Foreman.
Mr.. Fu.z-~E. coansel for Martin
moved f." d ..ew :9jaL, and entered the
motion l. 7~~-t - Judgment.
HIS He ressing the Jury,
said, n 81 that had they not
found ,ner, Dave Martin,
guilty, ~. violence submitted to
them, 1t ave been gross and
pdipaple OF justice. lie was
not entirely satisfied of the innocence
OF Jimmy Anderson, but the case
against til, H., Martin was much
stronger THAI tllat against Jimmy
Anderson. Upon the whole, he
thought the verdict enc that will be
sanctioned by an in aIliSent public
opinion. He would l. disposed, him
self, to csrvict both, but probably, il
acting unCer the responsibility es of
juror, he would have cleared Jimmy
Anderson. He would certainly have
convicted Dave Martin. Upon the
whole, it was gratifying to see and
know that in case of such impor-
tance, involving such delicate relations
between the white and black race, that
a jury of black men had rendered
verdict according to evidence and ac-
cording to law. This verdict presents
q striking contrast to one Just rem
dered in another State, involving SIM
liar important consequences to them.
Here, a jury of twelve negroes-prob-
ably a majority of them unable to
read or write, give such a verdict
as the highest degree of intel
hgence and integrity demanded.
There, aiury of n different race--white
men-educated men no doubt-had
rendered a verdict in violation of es-
and proved facts, SO declar-
Ell by the Judge on the bench, and so
by an outraged public
sentiment-a verdict in violation OF
the law and the facts. So much for
the difference of justice as administer
ed III North Carolina and New York.
His Honor regarded this fact
AS worthy the calm consideration
of statesmen and law makers. Honest
Ignorance should be recognized while
vice should be ecorned.
The community had no reason to fear
50 long as men were governed by
their convictions of what was right
He would not thank them for what
they had done; no one should be
thanked for doing their simple duty.
lie had no doubt that jury OF white
men, under similar evidence, would
have convicted a white boy OF murder
jng n negro boy. Their verdict, at
least, had not been Influenced by any
feelings Of race or cast. It certainly
presented food for reflection.
Tho Judge then discharged the rule
for u new trial and oyerrlIied the mo
ton i'll arrest OF judgment, and pro-
cecded to pronounce sentence upon
the prisoner, that he be hanged on
Friday, November 2sth.
The Judgment was vacated by an
appeal.
EIr Sanders, III tbs absence of Nab
son, moved tllat Jimmy Anderson be
which WAS granted, and
Dave Martin was bound and taken to
all to await the issue of the appeal in
Iis behalf 10 higher tribunal: