The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1889-10-24
THE BOYLE CASE.
A Calm, Sensible and DispassiOnate
View of the Natter.

A Calm, Sensible and DispassiOnate
View of the Matter.
Wilmington Messenger.l
We have purposely refrained from
discussing the Boyle case. Our Raleigh
correspondent gave an excellent out
line report of what occurred emitting
all Objectionable matter but turning
on the light in such way as to give
the reader probably correct under
standing of what really occurred. Ed
itorially we have not referred to it
The press has part to perform but it
is not to correct the verdict of juries,
to call for indignation meetings or to
forestall the decision of courts. 1t is
not part of its duty to set aside ver-
diets or to denounce the findings of
juries whether for or against the per-
son arraigned, unless it is clear there
is corruption and manifest unfairnes.
Leastwise we have so regarded it.
Our reason for referring to the Boyle
case at all is two-fold. The case is
made the basis of an attack upon North
Carolina justice, and there is view of
the case that if acted upon would for
ever make it impossible for juries to
convict, in case of assault when there
was no second witness testifying.
The New York SATURDAY Globe dis
cusses the trial to the disparagement
of North Carolina. The gravamen of
the charge appears to be that Boyle
was convicted because he was a Roman
Catholic Priest, and upon testimony
altogether inadequate. 1t objects to
the jury and to the main witness. 1t
says:
"In the choice of the jury it turns
out that the entire panel was made up
of farmers, ,all of whom are said to have
been members of a single Protestant
denomination, and that, too, one in
which the prejudice against the Catho-
lie Church is SO strong as to amount
almost confirmed bigotry.
| "Whatever may be the facts in the
case-and upon these there is no
special divergence of opinion-the
spectacle of man being convicted of
crime and sentenced to death upon
the unsupported evidence of only one
person will scarcely commend itself to
justice in this day and age OF the world.
Here was a case in which the testimo-
ny of two persons, both interested per-
ties, was in direct conflict. There was
no other that was in any way vital to
the question at issue, and yet upon
this unsupportev testimony, which was
directly contradicted by the prisoner,
a man has been convicted and sem
fenced to be hanged. There are proba-
bly, one or two States in the Union in
which this crime is capital ofense,
or in which any other than murder is
SO classed. "
The jury was peculiar and yet the
defence allowed it, We suppose they
were all men of respectable characters.
1t may not have been the best jury fol-
Boyle, and it is altogether probable
that prejudice against Roman Catho-
lies may have existed in the minds al
least of some of them. But for some
reason the lawyers appearing for Boyle
did not challenge them. They were
sworn to find according to the law ant
the evidence Did they perjure them
selves? If the Supreme Court shal
believe that there will probably be ne
difficulty in getting new trial. Blu
not being lawyers we do not speak by
the book.
AS to the finding of Boyle guilty
upon the evidence Of one person, and
that an interested one-a party to the
trial-it does look like hard fact
But has there ever been a raper con
victed who was not convicted upon
such testimony. A hundred men have
been hanged in the South and indeed
all over the country by Judge Lynch
upon just such testimony.
i We do not insist that person shoulc
ordinarily be hanged for great CRIME
upon the testimony of one person
But in the case of rape it must be 81
or white women in the South woult
have no protection. If the Court
should discharge the testimony of tn
women assaulted then this would fol
) low-the mobs would execute crap
vine justice without judge or jury.
The Southern whites have firmly set
!; tied down upon this determination
, that the man who assaults a virtuous
5 pure woman must die. Northern white
may not understand this. Before tn
war the pistol and shot gun stoo
guard over female chastity in the Sout
. while in the North lechery wrought II
ruin without fear or penalty. Sine
t the war the shot gun still does duty
: but the grape vine more often.
{ AS tO the Darticular case of Bowie