The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1892-08-25

TO THE III RLIC.
Malicious Persecution and Unjust
Partially of a WILLIAMSBURG
Justice of the Peace.

ING fence rails on Mrs. Octavia VI. Smer-
dOn's (my wife's) place and were taken
before Josh Cooper, Justice OF the Peace,
OF WilliamsbOro, who convicted them OF
larceny. They and their friends pleaded
for a compromise, but the Justice told
them it was u State case and no cOmpro-
mise could be made. They had admit
ted jheir guilt, and he must put them iii
bonds for sentence at the next county
court Bnt after consulting with their
friends awhile he consented to Il cOmprO-
mise, they to pay the costs OF the court
and so to Mrs o. VI. Smerdon for the
rails they had stolen, which they agreed
to do. They paid the costs Ct the court
and part OF The SO agreed on, but the
case is still unsettled. Ever since this
trial the offenders have been very re
vengciul and abusive. using threats OF
violence for prosecuting them. On or
about the 4th day OF June, myself and
respectable cOlOred man named Shock
Cooper, We're engaged putting up wire
fence between our lot and the one the col
Orcd persons are renting. My wife came
to the line where we were working and
said as she was sick she would ask Hetty
Burt on, cOlOreG. to cook breakfast for
her. There were three women in this col
ored woman's house, the married one,
Hetty, and her two sisters Patty and
Nanny Turner, their house being Ill
speaking distance from the line between
our lots where we We're working and
where Mrs. SmerdOn was standing. The
latter called to Iletty and asked If she
would oct breakfast for her, when Nanny
attacked her with vulgar, abuse and
threatening language, ordering her to
leave where she was Or she would beat
her to death and send her to HI in a
few minutes. | told my wife to go away
and not say a word to the woman,
and as soon as | said this Nanny came
towards her, swinging her fists, and SAID
= Yes, go quick, or ! will come to YOU
and beat You to death"
Myself and wife called on Mr., Cooper,
Justice OF the Peace, and asked him ii
there was any law to reach such charac-
tiers, to make them behave themselves.
He read the law but could not make an
assault out Of using abusive and threat
cning language, and did not know how
he could bind them to keep the peace:
but said he was going to Henderson and
would consult his lawyer and would let
Us know the result. When he came from
Henderson he drove into our place and
Stllu lie nttu seen MI. LOlllCOllel, ttiSO zap
tain Shaw, and both had told him that if
the negroes threatened to do Mrs. Slner-
don bodily harm, and she being afraid
they would carry it out had left her
course on that account, then that would
an assault the same us if licks were
struck; and he said then, if Shock
Cooper (WhOse word no one dlsputes),
would swear they had threatened to
+ 4 II
her to leave fearing they would carry
out the threat, he would convict them
OF assault and bind them over. On the
trial these facts were sworn to by three
witnesses, myself, Octavia SmerdOn my
women all sWore falsely TO the
contrary, so the Justice decided against
Us in favor OF the defendants.
On the Goth and DIST these parties
came and threatened to Kill me where
was alone working at my wire fence, and
again on the 2:!rd some Of them had
thrown down my fence in two places
the one side to let stock into my corn,
and the other side of the pasture leading
into their place with crop. | had just
fixed up the fence good where they
pulled it down, and had gone to the
any damage was done by stock. When
| was fixing up the fence at this time |
saw one of the women run from behind u
large pine tree near by, said: 81 know
now who pulled down the fences She
began to call the crowd to come to her.
They were soon on hand with their usual
abuse and threats, and ordered the boy
| had hired, and who was with me at the
time, to leave or they would kill him and
bury him where no one could find him.
their object being to get rid of him as
witness against them He left shortly
afterwards through fear. Notwithstand-
ing these facts, testified to at the trial, the
Justice gave Judgment in favor of
defendants. saying the case was frivolous
and malicious. He afterwards issued q
warrant to put me in Jail for costs,
which my counsel advised me not to pay
as it was unlawful and could not be
legally collected.
Now, | propose to show the public
these facts, and they can Judge for them
selves where the malice and unfairnesS
comes in: and in addition. | wish to
state with regard to the trial: Warrants
were issued to appear for trial at o
| o'clock Il. III. The parties were promptly
on time, but the case was not tried in
| court until clock in the afternoon on
account OF Mr.. Cooper, the Justice, con-
sulting defendants and political friends
OF their color brothers in the same
church, Knights OF Labor and Third
partyitcs. The said Justice spent out
side the court room about six hours to
make the case ready to go to trial |
went to him several times to inquire if he
was ready to try the case. He was sit
ting on the ground with the parties
around him, and several Others, debating
| how the suit should be carried on. At
| last he called me, and said these men
wanted the case tried by Il jury. and
| asked me ii | would consent to it, | said
no, as all the parties were their friends
and all wanted to clear them: | would
rather throw up the case. He said they
could claim Il jury by law. said that il
he was afraid to try the case, [ would
consent to another Justice sitting with
him, or ii they would agree to pay all tho
costs of a jury case | would consent
This they agreed to, and paid the cost
before the jury sat" When first asked
about the cost, he said the jury cost was
all paid. Since then he gave bill, with
this cost included, to the Sheriff to col
lcct again from me, or put me in Jail il
default OF payment, and Is still trumpine
up unjust accounts, which have refused
to pay, acting upon the advice OF my
lawyer. and for which | suffered to be
put in Jail. After this outrage was com
mitted upon my person, | paid the cost
and thus secured my liberty again.
Now. these are the facts plainly
stated, but not as fully as | would lik.
to give them, for the public ought tc
know the inward secrets of the unjust
and outrageous persecution visited upon
me. There is Il cause for it, and | think
| know what it is. 1t is part political
and part because OF my nativity Mr.
Cooper is a strong Third party man
and wants to be elected to some import
ant office. Radical enemies OF mine have
Tor some years past circulated malicious
statements about me, saving | was f.;
soldier III the Yankee army and lost {
hand there. brand this as a malicious
falsehOOd. | never was a soldier. neither
am | an American by birth. | am al
Englishman by nativity, born with only