The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1891-07-09
AIS Well that Ends Well Say the
Lawyers and the Mayor.

the court room was densely packed-half
the crowd being ladies. The seating and
standing capacity CT the spacious court
room was taxed to it's utm ost, and many
were unable to gain admittance.
Mayor Forbis said that at request of
Judge billiard, Mr.. Fife was permitted to
make a statement.
Judge billiard, prosecuting attorney,
asked that Mr.. Fife and Judge Schenck
each be allowed to make a statement.
Before taking his seat he made some feel
ing remarks as the friend of Judge
Schenck He alluded to the love of
true man for the wife of his bosom-of a
son for the mother who had given him
birth, and appealed to the audience for
justice, tempered with mercy. "Put your
Selves" said Judge billiard, Gin the place
of the Schencks and tell us what you
would have done had you been situated
as they were-one believing wife had
been insulted and the others a mothers
pure name assailed.'
MIR. FIFE's RETRACTIoN.
Mr.. Fife arose, and in a clear, calm
voice, said:
81 wish to make the following statement
to this audience, and as l said on Saturday
afternoon in the court room, if have made
any statement since have been here that
reflected upon the Christian character of
Judge Schenck or his family, most hum
bly, beg their pardon and if l have done
anything since l have been in this town
that reflected upon the character Of Judge
Schenck or his family in any way, it was
unintentional, and this morning | am here
to ask your forgiveness
Here Mr.. Fife and Judge Schenck and
the Messrs. Schenck met and shook hands.
JUDGE sCHENCK's DEFENSE.
Judge Schenck arose under great emo
ton and made the following remarks:
LADIES AND GENTLEMEN:-YOu all know
that have been in great trouble, and l
! have in my heart many things to say to
, the Christian people Of this community.
| When the angels were singing for joy Oil
| the plains of Bethlehem, their words were,
peace on earth, good will toward men. l
have always thought in my life that there
was no greater blessing than that Of peace;
and think the grandest words that we're
ever uttered by any man, were those ut
tered by General Grant when he said,
Peace, peace, let us have peace" l am
truly glad that Mr.. Fife has had enough
manhood and Christianlike spirit and
charity to say that he did not mean to at
tack my wife. l desire to say, further,
that am man and subject to the weak
| nesSeS of men, and in the midst of great
excitement, and in the midst of what l
thought to be great provocation, l have
sorry. 1 think that when Mr.. Fife came
up to me, l should have listened to what
| he had to say, but desire to say here that
had just heard that he had just alluded
to my wife in disreputable terms, and as
husand who loves true wife and Chris
tan woman, l said what l did. l thank
God that it is all over.
| FOR SWEET CHARITY's SAKE.
Judge Dick made feeling address. He
was not present at any OF the meetings.
had not been excited. He felt that moth
ing fair could be done in the moment of
passion. And he urged "Peace be STILL
Do justice, and act always in the spirit
OF Christian charity, as brother with
| brother.
He paid beautiful tribute to Judge
Schenck's Christian character, and zeal
in temperance reform stating that he has
always been on the side OF truth and
justice. And he asked all the Christians
present to go in prayer to God, that a
calm and quiet Christian determination
OF the matter to be brought to trial to-
day may be had.
Judge Glmer made some remarks ::
! The question of duty has been brought
to the attention of us all-and in a way
that required men and women to exercise
that sweet charity which God said zen
dureth all things"
| Judge Gilmer moved that the warrants
be dismissed.
| The mayor said he had never been so
placed before and that he was reioiced
at the reconciliation which had just
taken place; but his oath OF office com
PEELED him to proceed with this trial. Ii
emotional feelings were to prevail, not a
criminal in the land would receive pun
ishment.
TAE LAWYERS TALK.
Col. Boyd said: That as man of the
world he was glad to say, that he made
the motion Tor continuance OF the trial
from Saturday until to-day, because he
saw it was best not to try, while the ex-
element was so high. Now, ladies and
gentlemen, there is no heart which re-
joices more to see this reconciliation.
He never cherished i'll will towards any
one, though often sinned against. He
made a warm appeal for the young
Schencks, in defending the character OF
their mother. put yourself in his place.
is the best action to govern men in all
things.
Mr.. Ball desired to second Judge Gil.
| mer's motion.
/ Mr.. Barringer arose and said: He knew
if he could get all the parties together
that a reconciliation would result there
from. He appealed to the court to dis
miss the warrants. because the attorneys
for the prosecution had asked their dis
missal. His speech was full OF Christian
love and patriotism. Extraordinarily, y
is what we oil ought to have in our
hearts to-day, That the expression OF
the community was not for vengeance
but justice, and its ends are best attained
by reconciliation, and not by bitter
STRIFE.
THE RIGHT TO MOL PROS.
Mayor Forbis asked the bar to give
their opinion as to his right to moi pros
; these warrants.
Judge billiard said that the mayor had
the right to enter mol pros if he believed
no good would result from the further
prosecution of any case. He cited cases
in which such action had been taken
and gave it as his opinion that this was
one of such cases-wbere the most would
result from not trying.
Capt. Ball spoke as counsel for thu
State, and gave it as the universal opin
ion OF the counsel ON both sides that 8
trial would not be for the best interests
OF the community. The law is for the pro
lection OF the people. Therefore, he urged
the dismissal of the warrants.
! know You will dismiss these cases
because the public demands it. The Law
is for protection.
The mayor asked Capt. Ball il he could
ever punish crime and be consistent if BIZ
dismissed this case?
Cayt. Ball answered: II the mayor
holds that the attorneys, as prosecuting
officers, have no right to ask a mol pros,
will say that it is frequent in courts o.