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

CURED to pay the COSTS OF Gne acIlOn.
The plea of the defendant, 'nolo con-
tendere, is a plea which is often per-
mitted by the courts. The defendant
by that plea, while averring his limo
cence, nevertheless places himself upon
the mercy of the court. He ia be SEN
fenced and punished as fully as if con
victed by the jury. The solicitor, an
able and conscientious officer, recon-
mends that the judgment be suspended
over the defendant and that he defen-
dant be now required to pay 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 accomplished by Furnishing the
defendant further than to tax him
with all the costs. 1t is therefore
ordered, upon motion of the solicitor,
that the judgment be suspended and
that the defendant be in custody Of the
sheriff until the costs are paid"
This terminated the case for the time
being and Mr. Wilson paid the c-sts in
the case at once.
On Wednesday the morning papers
came out with accounts of the trial.
Among other things they had Judge
Browns order as follows:
The defendant S. Ohio Wilson
comes into court, and while protesting
his innocence, pleads that he is unwil-
ling to contend with the State and that
he abldes the judgment Of the court.
W~hereupon it is ordered that the de-
PENDANTS plea of nolo con.endeTe be
accepted and entered and that the de-
PENDANT be required to pay the costs Of
this action"
There was nothing Objectionable in
this. 1t was submitted to Wilson's
lawyers before the case came up, and
accepted. But as printed in the papers
Wednesday morning, the Judge had
added the following paragraphs to it:
The plea of S. Ohio Wilson, nolo
~contendere, is a plea which is often per
mitted by the court. The defendant
by that plea, while averring bis limo
cence, 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 cOnscien-
tiOus officer, recommends that the
judgment be suspended over the de
PENDANT and that the defendant be now
required to pay all the costs, which are
quite heavy. 1t appears that this is
the first pros ecution under this statute
and that no great good will be now &C
complished by Furnishing the defendant
further than to tax him with the costs.
1t is therefore ordered, upon mo-
ton of the solici or, that the Judgment
be suspended and that the defendant
be i'll custody of the sheriff undtil the
costs are paid.
&c. H. BROWN, JR.,
Judge, etc."
Wilson's lawyers objected to this,
saying hat it did not treat their client
fairly. They appeared in court again
Wednesday at 1 o'clock D.. IN. and
asked Judge Brown to strike out that
part Of it.
IN COURT AGAIN WEDNESDAY.
At 4 o'clock Mr.. Wilson and his law
yers again appeared in court. Mr.. Bat
tie said:
May it please your honor the de
PENDANT in the case Of the State VS..
Wilson, through his counsel, have
fault to find with the entry a. agreed
upon yesterday as the charge Of the
court. The defendant has never ad-
mitted guilt and does not now. Ee has,
and does now, believe he can prove his
innocence to any fair minded jury of
this country. l don't think I show any
di5courtesy to the rules regulating the
actions between lawyers when l say
the counsel for the State first suggested
to him this course of procedure, and it
did not come from his counsel The
matter was to be submitted because il
was not believed to be for the good of /
the public to press it further, as a great |.
deal of excitement has already arisen |
on account Of it. We believe such an
organization eve has existed, but his
(Wilson'a) defence, we think, would
get up excitement that had best be al
if possible. The charge your
Honor drew up was such as we could
not advise the defendant to accept.
Here is the original as agreed to Read's
plea,)
Judge Brown said by way of expIa-
nation: The court did not know that
the two papers were attached. I
the order and gave my reasons,
and took pains to state that the. court