The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1891-07-09

the only one who had right to ask the
dismissal or pro secution of case. In
this case Mr.. Fife, the assaulted. asked
the withdrawal OF the suits, and SO did
all the prosecuting attorneys.
Judge billiard said that the solicitor
had always had the power to ask the
fcer was supposed 10 know the details of
the case, which the Judge could nor know
before the trial.
Mr. Scott concurred that whenever the
prosecution OF any matter would end
only In evil and the public interests not
be benefited, the courts had always dis
missed the case
Col. Boyd concurred and gave it as the
universal practice that where there were
paid prosecuting attorneys to act with
the State Solicitor, their advice has al
ways been taken.
Mr.. King said that as mayor, many
cases were reported to him and no war
rants would issue, or case be tried where
no good could be accomplished by a trial.
He cited cases OF recent date before
Mayor Forbis. He appealed to the au-
dience, if they were willing for this recon-
Citation to take place, and presumed
that such was the case as no one said a
word against it.
Col. Staples made few remarks, and
said that the law was the voice of the
people, and the voice of the people the
voice OF God. That when the. attorneys
prosecuting ask that these warrants be
dismissed it should be done, as he never
knew of a refusal to do so except in rare
| cases. Let there be peace!
Mr.. Barringer further said that the au-
thority of the court had ceased when the
| prosecuting attorneys, who alone had
| the power to introduce testimony, urged
| and insisted that these warrants go off
| the mayors docket with a mol pros.
Col. Morehead said, you are sitting
here as a Judge, not as q prosecuting Of
| ticer. Ii the Judge has confidence in the
prosecuting attorneys, it is his duty to
take their advice and enter a not pros. If
there ever was a case where such action
could be taken with .propriety, this is the
| case.
Col. Douglas arose and concurred in
all the opinions of the attorneys who
had preceded him. An assault is all the
charge against these parties-and as a
reconciliation had taken place, the law
had been indicated
Judge Gilmer said: L was ON the judicial
bench in this State for l years, and in
sisted that no wrong would be done the
law by a dismissal of these warrants.
Mr.. Wilson said few words, and fully
concurred in the opinions OF those who
had preceded him, aud insisted that the
public good did not require trial.
THE MAYORS DECISION.
The mayor said his feelings as a man
were in public accord with the gentlemen
who had spoken as men. All the bar
having advised a mol pros he yielded-and
if the public differed with him, they must
remember he was only a man, and acted
as a man, after mature elaboration and
listening carefully to the opinions of the
legal fraternity present-which embraced
all the legal talent of the city and az
good as there was in the State This was
not final decision-any one present who
was not satisfied could take the cases to
a higher court or have any of them re-
vived by the mayor or a justice Of the
peace.
l therefore, enter mol pros in each case
and the court stands ad iourned.
Judge Gilmer suggested that the au
dience rise and sing the L. NJ Doxology
which was done with will, when Mr.
Fife closed the meeting with a prayer.
Let there be peace!' say we all.