The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1889-11-07
BOYER VS.. LEAGUE.

league dno IeieTrlnS 10 lne eIectioH
in November last, said:
Unusual exertions were made by
the Democrats to prevent Republicans
from voting When the sun went
down On she 9th of November no less
than seventy five or eighty Republi-
cans stood near the polls in Winston
with ballots in their hands willing and
anxious to vote for DIR. league"
Now this is positive statement.
And we want to see if the man who
wrote it will 60 on the stand when the
trial comes off and sacear it.
Again the Republican says: "At no
time since he has been ready has the
defendant sought to evade the respon-
lbility of a trial." Let Democrats
and Republicans present in court say
whether this statement is true or not.
The May term of 1889 was the first
time either plaintiff could have been
ready.
At the May term, early in the term,
the case was called up before Judge
Phillips by Boyer's counsel and trial
asked. This was opposed by leagues
counsel, on the ground that they were
compelled to take dispositions in Reds.
vile, Leaksville, DanviIle, South Bos-
ton and GAINESVILLE, to answer and
meet the dispositions taken by Boyer
at these places. On this motion the
case was continued by Judge Phillips
and set for trial peremptorily Thurs
day of the first week of the October
term; at that time the States Solic-
flor, also of counsel for league, siren
uously opposing the setting of the case,
upon the ground of cost to the tao pay
ers of Forsyth.
The interval between May ana o.
tober passed and the defendants coun-
sci had taken no dispositions.
On Thursday morning of tie first
week of the October term, on the day
set, Boyer's counsel were in the court
house promptly with their witnesses,
and moved to take up the case. The
motion was again opposed by the So
icitor, on the ground of cost to the
dear county if the black Jail birds
we're not tried. On this plea the case
went over till Friday morning. In the
meantime the court had been COM
PEELED to reprimand the officers for
not bringing the prisoners from Jail to
be tried as ordered by him.
On Friday morning eight charcoal
blacks were marched out from the Jail
and placed in the prisoners box early.
When Boyer's counsel asked to pro-
coed with the case these eight we're
pointed to as an obstacle-eight that
could not give bail. The Judge an
nounced that he would give the Solic-
itor till one o'clock to try his Jail cases
and at two would take up the sheriff
case. After this announcement one
darkey was tried on Friday and one
on Monday after the continuance. If
the others had not given bail auhere
are they?
On Friday Boyer's counsel offered
to go bail for one to get him out of
the way. His counsel-a.so counsel
for league objected, saying his client
didn't want to give bail he wanted a
trial. He was not tried.
On Saturday, after the jury had
been impaneled Friday evening, the
case was called promptly. On the
call of the jury it was ascertained that
one was sick. Boyer's counsel pro-
posed as follows
1. To 60 ahead and try with the
eleven. (The sick man was a Demo
crat.) leagues counsel refused.
2. To let the sick mans place be
filed from the bystanders. leagues
counsel refused.
3. To let the whole panel be stood
aside by Withdrawing juror, and re-
form the panel. leagues counsel re-
fused, saying that they wanted that
particular (Democratic) juror.
They argued then with plaintiff
counsel that they did not believe the
case could be tried in a week, but
would not agree to save day.
EOn Monday, from delay of trains
there was no court till 2 p. m. Or
assembling of court leagues counsel
novel to squash certain dispositions
or rather the depositions of certain
persons. After consuming an hour on
this motion the Judge allowed the mo-
tion. Boyer's counsel announced thai
they could get along without the depo.
sitions, and would proceed to the trial
At this point the Judge announced
from the bench that he thought it folly
to proceed further with the trial, fol
it was manifest to him that If the tria
was gone into that Saturday night
would did it unfinished and the work
all lost. He then proposed to counsel
to have commissioner appointed te
take the testimony. Boyer's counsel
asented and leagues counsel dis
sonted. s7e9a -
Boyer's counsel then proposed to