The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1893-03-30
TRIAL OF S. OHIO WILSON.
He Virtually Pleads Guilty, Pays
Costs and the Case Ends.

He Virtually Pleads Guilty, Pays
Costs and the Case Ends.
The case of S -Otho Wilson, charged
with belonging to a secret political soci-
ETY. known as "Gideon's Band" was dis
posed of in Wake county Superior Court
Tuesday, the defendant entering a plea
of raolo contendere, which is to say he was
to contend against the State,
while not admitting his guilt There
were many persons present to hear the
trial, some being from distant counties,
and surprise was felt that the affair was
SO readily disposed of. J. H. Dunn, NJ.
L. Reed, ]. S. Bell and j. NJ kendrick
were in attendance as witnesses From |
the Neus and Observer we take the follow
ing account:
The Solicitor was assisted in the prose |
cution by Geo. H. Snow, Esq, while the |
DEFENDANTS counsel was Messrs Battle |
and Mordecai, J. c. L. Harris, Esq,
Walter Montgomery, Esq, and Mr.. J.
W. Peele. Upon the arrangement of the
defendant Mr.. Battle, of counsel for the
defendant, arose and said:
"May it please your honor, while the
defendant protests his innocence he is
willing to enter the plea of nolo contendere
and to pay the costs of the prosecution,
if that be agreeable to the State
After the plea of noto contendere had been
entered, Solicitor Pou arose and said
May it please your Honor, there has
never been any disposition on the part
of the State to press this prosecution
any further than public safety demand
ed. The organization known as Gid
cons Band, threatened in some degree
at least, to trammel free expression of
the political will of the people. It's very
existence was violation of the law. 1t
was tyranncal in it's methods. 1t de-
manded blind obedience to superiors
and while few men whoi would join
such an order are possessed of the small
est degree OF courage necessary to carry
into effect the penalties it imposed, yet it
proposed to inflict severe punishment
upon those who dared disobey superiors.
1t proposed to put an end to polit-
ical freedom. It's meetings were in the
nighttime and in secluded places. 1t
dared not reveal it's existence to the
world. Its members were sworn to deny
even the existence of the order. Its Or
ganization was nothing less than con-
spiracy whose presence in our midst the
State would not tolerate. Some we'll
| meaning citizens, it is true, were deceived
and became members. Every word that
| have said the State is abaundantly
| able to sustain by unimpeachable evil
dence. But, if your Honor please, the
| prosecution has served it's purpose. 1t
never has been the intention of the State
to ask that this defendant be severely
| punished in case of his conviction. The
main object of the prosecution was to
| give notice that the statute under which
| hal n al Tod
with impunity. This is, | believe, the
first prosecution under that statute.
Many people were ignorant of the exis-
| tence o. such a law. | am informed that
the organization is broken up. And now
because of these facts and for the reason
further that it has been suggested by
some that this was a political prOsecu-
ton and because the defendant comes
into court and practically cOnfessing his
guilt casts himself upon the mercy OF the
court, l desire to ask your Honor to
suspend Judgment upon the payment of
the costs which are large. If the defen-
dant shall violate the law in like manner
in the future this case can be brought
| forward on the docket and Judgment of
the court then prayed.
After some remarks in reply to the
Solicitor, made by Mr.. Montgomery,
His Honor remarked that the plea OF
nolo contendere was not confession OF
guilt, but that on contrary the defendant
expressly protested his innocence, while
agreeing to abide the Judgment Of the
| court. That some times q defendant
was unable from poverty to conduct a
defence Or from other causes might de-
cline to contend with the State and that
in this case under it's circumstances, he
thought it was a proper disposition to
let it go off on the payment OfcOsts. The
Judge then directed the clerk to enter
upon the mi lutes the following Judgment
and order: State VS.. S. Ohio Wilson:
The defendant, S. Ohio Wilson comes
cence, pleads that he is unwilling to con-
the Judgment OF the court Whereupon
it is ordered that the DEFENDANTS plea
OF nolo contcndere be accepted and entered
and that the defendant be required to
pay the costs of this action. The plea
of the defendant, S. Ohio Wilson, nolo
contendere, is a plea which is often per-
mitted by the court. The defendant by
that plea, while averring his innocence,
nevertheless places himself upon the
mercy of the court. He can be sentenced
and punished as fully as if convicted by
the jury. The Solicitor, an able and con-
scientiOus officer, recommends that the
Judgment be suspended over the defen-
dant and that the defendant be now re-
quired to pay all the costs, which are
quite heavy. 1t appears that this is the
first prosecution under this statute and
that no great good will be now accom-
plished by Furnishing the defendant fur
Their than to tax him with the costs. 1t
is therefore ordered, upon motion of the
Solicitor, that the Judgment besuspended
and that the defendant be in custody Of
the sheriff until the costs are paid.
| G. H. Brown, JR.,
| Judge, &c.