The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1893-04-04

understand, we explain GnaG nOtO con-
tendere" is a plea which is often per-
mitted by the courts. In plain Eng
Iish, the defendant denies his guilt
and the court suspends judge.
mentonly taxing him with any
costs that are attached to the case. The
defendant often pleads "guilty" and
judgement is suspended, but that is
different from this case. The plea of
nOLO cOntendere e that the defen-
dant denies guilt, but rather than con
tend with the State he is willing to
stop. He may do this for the reason
that he thinks witnesses will YEA
falsely or that for any reason, he be-
lieves he will not get justice-of course
the prosecuting officer and court never
allow a case to go this way when the
crime is a grave one and the evidence
against the defendant sufficient to con-
vict.
After Mr.. Battle made his statement,
the Judge asked the Solicitor what he
had to say. Solicitor Pou said
There has never been any disposi:
ton on the part of the State to press
this prosecution any further than pub,
lie safety demanded. The organiza
ton known as "Gideon's Band threat
ened, in some degree at least, to tram
mel a free expression of the political
will of the people. It's very existence
was a violation of the law. It was ty-
| ranical in it's methods. It demanded
blind obedience to superiors, and while
few men who would join such an order
are possessed Of the smallest degree Of
courage necessary to carry into effect
the penalties it imposed, yet it proposed
to put an end to political freedom. It's
meetings were in the night time and in
secluded places. 1t dared not reveal
it's existence to the world. It's mem
bers were sworn to deny ever the eXis
tenceo of the order. It's organization was
nothing less than a conspiracy whose
presence in our midst the State would
| not tolerate. Some well meaning Citi-
zens, it is true, were deceived and be-
came members. Every word that l
have said the State is abundantly able
to sustain by unimpeachable evidence.
But, if your Honor please. the prOsecu
ton has served its purpose. 1t never
has been the intention OF the State to
ask that this defendant be severely
punished in case of his convict n. The
main object of the prosecution was to
givenOtice that the statute under which
the bill was drawn could not be viola
ted with impunity. This is, | believe.
the first prosecution under the statute.
Many people are ignorant OF the eXis-
tence of such alaw. am informed that
the organization is broken up. And
now, because Of these facts, and for the
further reason that it has been sugges-
ted by some that this was a political
persecution and be rause the defendant
comes into court and practically cor
fesses his guilt ard casts himself upon
the mercy of the court, l desire TO ask
your Honor to suspend judgment upon
the payment of costs, which are large.
If the defendant shall violate the law in
like ann IL the future, this case a
be brought forward on the docket and
the judgment Of the court then be
prayed"
Mr.. Montgomery, of counsel for Will
son, said: 1T is q surprise to the coun-
sci for the defendant that the solicitor
should have seen fit to make a speech
upon the filing by the defendant of his
plea of nolo contendere. We had hoped
that the matter would have passed off
without any further proceedings than
the acceptance of the plea by the court
and the proper explanation and effect
of the plea. The solicitor took occasion
to say that the offence of the defendant
was most serious one and that the State
vas compelled to take notice of it; that
the order Of Gideon's Band, q political
order, was in active operation during
the time Of the late election, and that
this prosecution had had the desired
effect in that it had broken up and de-
stroyeG the order. We of the defence
are well assured that the order of
'GideOn's Band never had in North
Carolina the least force or real organi-
z~ation, and hat this prosecution is IN
just and unwise; that the defendant
was made the scapegoat for the alleged
political sins of others. The defendant
is a plain farmer, without social or po-
litical power in the State, and the part
he took in the last campaign was under
the direction and teaching of men who
were a thousand times more influential
in every relation Of life than was the
defendant"