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

itself. The court did not mean any re-
Election upon Mr.. Wilson's character,
as it did not understand him to plead
guilty"
Mr.. Battle: 1--WE have agreed to this
(plea of nolo contendere) and we re-
spectfully ask that it be recorded and
nothing more"
Judge Brown: II will take the mat
ter under consideration"
THURSDAY IN COURT.
Mr.. Wilson and lawyers then with
drew and appeared in court again
Thursday at II a. IN. Mr.. Harris, Of
the counsel for Wilson, said:
MAY it please your Honor, having
refused our motion made on yesterday
to strike from the record in this case
the two paragraphs following the plea,
and signed by your Honor, in our
opinion, without rejecting on the
court, does the defendant gross injus-
tice. We did not understand that
anything was to be added to the plea,
either that judgment was TO be sus-
pended or any entry as to payment of
cost other than that the record should
state that the cost had been paid. The
record as it now stands puts the defen
dant in a position that we did not CON
template, and under no circumstances
would we have consented to, and
under these circumstances in justice
to him as well as ourselves, his
sci, we ask the court to be permitted
to Withdraw the plea Of nolo conten-
dere and to put in the plea Of not
guilty, and that the case be set for
trial during this term. We do do ask
that the money paid in as cost be re
turned to Us, but that it may remain
in the hands of the court"
Judge Brown: 1--WE do not wish to
do the defendant any injustice"
Mr.. Harris: Justice cannot be done
without striking out the paragraphs to
which we object"
Judge Brown: THE court felt it
due himself to make this charge in ex
PLANTATION Of his actions. The part con-
scented to was so closely connected
with the other that one could not be
distinguished from the other, besides |
know Of no rule by which the court IS
forbidden t. give reasons FORTS actions.
The court didn't understand the defen-
dant to be guilty but understood him
innocent.
Mr.. Harris: 1--WE would not have
consented to that plea if we had known
your Honor was going to make those
remarks, but would have withdrawn it
Immediately and asked for a trial. We
ask, therefore. that your Honor allow
us to Withdraw that plea and have the
case called this court"
Judge Brown ~ am willing that
the matter go upon record by consent
Of the Solicitor"
Mr.. Harri5:-"We ask the officer OF
the State to allow this to be done"
Judge Brown:-''All pleas entered
by consent cannotbe withdrawn unless
the State consents"
Mr.. Harris:-"We prefer to have
the consent of the Solicitor to go on
with the case"
Solicitor:-It was erroneousIy stated
yesterday chat the proposition came
from the State. The proposition did
not come from the State. In a CONVEX
sation between Mr.. Snow, my assistant,
and Mr.. Harris, Mr.. Snow stated that
we would convict the defendant and
why not stop the case. When the con
ver8ati0n was mentioned to me, I said
the State had no plea to make. The
plea as entered is not set down correct
ly, but the State made no mention Of
this andn0w the defendant does not like
it because your Honor says he thrusts
himself upon the mercy Of the court. If
l thought any injustice had been done
him l would cheerfully consent to these
words being taken off. I had not IN
derst0od that the State was bound in
any manner, and that any injustice
has been done him from any source"
Mr.. Harris:-'I am not certain
whether it was Mr. Snow or | that first
mentioned the matter. No proposition
was made by either of us, we simply
talked the matter over"
Solicitor:-"I told him I would con
sent to no plea except a plea of submis-
sion, and I was asked not to notify the
State witnesses to be here"
Mr.. Battle:-"I understood Mr.. Har-
ris to say Mr.. Snow first made the
proposition"
Mr.. Harris:-"We ask the Solicitor
to consent that the plea of nolo conten-
- L. --;lLl~~v-o IT. 49,, H. CyoJ..