The state chronicle. [volume] (Raleigh, N.C.) 1891-1893, 1893-03-29
THE O1HO WILSON CASE
IN WAKE SUPERIOR COURT YES
TERDAY MORNING..

IN WAKE SUPERIOR COURT YES
TERDAY MORNING.
quired to Pay all Costs.
Yesterday morning the case of the |
state against s Ohio Wilson was called |
in the superior court. Wilson was pres
ent, his counsel, r. II. Battle, j. G l.. |
Harris, Walter A. Montgomery and w. |
J. Peele, being with aim. For the state
Solicitor Pou was assisted by George a.
Snow. There were many persons in the
court room, some being from other coun
ties. ]. 81. Dunn, N. L. Reid, J. S
Bell and j. M. Keno rick were present as
witnesses.
As soon as the case was called there
was surprise. Mr.. Battle, Of couasel
for the defence, said: "May it please
your honor, while the defendant protests
his innocence he is willing t) enter the
plea of 'nolo contendere' and to pay the
costs of the prosecution, if that be agree
able to the State.''
Solicitor Pou then 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 demanded The organ
IL alton known as 'Gideon's oand' threat
ened in some degree at least to trammel
free expression of the political will of
the people Its very existence was
violation of the law. It was tyrannical
in its methods. It demanded blind
obedience to superiors, aad while few
men who would >in such an order are
possessed of the smallest degree of cour-
! age necessary to carry into t # .ct the
penalties it imposed, yet it proposed to
lhf1ict severe punishment upon those
who dared disobsy superiors. 1t pro
posed to put an end to political freedom
Its meetings were in the night time ano
it's existence to the world. lis members
were sworn to deny even the existence
of the order. Its organization was moth
ing less than conspiracy whose pres
ence in our midst the state would not
tolerste Some we'll meaning citizens, il
is true, were deceived and became mem
bers E ~ word I have said the state
is aburd ,atly able to prove by unim-
peachabi evidence. But, if your honor
please, the prosecution has served its
purpose 1t ntver has been the intention
of the st .te to ask that this defendant Le
sevs rely punished in case of his convic-
tion. The main object Of the prosecu
ton was to give notice that the statute
under which the bill was drawn could
not he violated with impunity. This is,
l believe, the first prosecution under III
statute. Many people we're ignorant OF
the existence of such a law. am in
formed that the organization is broker
up. And now, because IF these facts
and for the further reason that it has
been suggested by some that this was 1
, political prosecution and because the de
!, fendans comes into curt and, practicall,
. confessing his guilt, casts himself upol
: the mercy of the court, l desire to asl
your honor to suspend judgment upol
the payment of costs, whIcn are large
IT the defendant shall violate the Ia ii
like manner in the future, this case cs
be brought forward on the docket ant
the judgment of the court then prayed
Mr. Montgomery, of counsel for tn
, defense said: ''It is surprise to tn
counsel for the defendau that the solici
} tor should have seen fit to make speec
upon the fling by the defendant of hi
u plea of nolo contendere. We had hope
that the matter would have passed O.
7 !. without any further proceedings tina
y = the acceptance of the plea by the coul
and the proper explanation and etfet
. of the plea. The solicitor took occasio
to say that the offence of the defender
| nd hot ho q
u was compelled to take notice of it; thu
: the order of Gideon's Band, a seer
political order, was in active operatio
II during the time of the last election, an
that this prosecution had had its desire
effect in that it had broken up and d.
stroyed the order We of the defent
q are we'll assured that the order {
a Gideon's Band never had, in North Care
% lima, the least force or real o ganiz atio
III and that this prosecution is unj just ar
1t unwise; that the defendant was mac
al the scapegoat for the alleged polite
e. sins of others. The defendant is pla
ne farmer, without social or political pow
Is in the state, and the part he took in t
l. last campaign was under the directi'
n and teaching of men who were thou
ne and times more Influential in every W
* and relation of life than was the defen
g, ant"
e. Solicitor Pou then said: ''Nothiug
'st have said must be construed as an alta
w upon this individual defendant, bu
n. merely wished to show that the state d
OO not regard the matter lightly"
ry Judge Brown then made the follow
order: ''The defendant comes into col
and while protesting his innocen
A~ pleads that he is unwilling to conte
r with the state, and that ne abides
-. the judgment of the court; whereuI
nls it is ordered that the defendants plea
~, n0lo contendere be accepted and enter
ue' and that the defendant be required
~, pay the costs of the action.
Mlal 10 s'The plea of the defendant, s O
y. Wilson, nolo contendere, is a plea VIII
M nc is often permitted by the courts.
IN defendant by that plea, while averr
nel his innocence, nevertheless places hi
~ ~ self upon the mercy of the court
" VI can be sentenced and punished as +,
u as if convicted by jury The solici
an able and conscientious officer, recc
Cd mends that the judgment be suspen
80 over the defendant and that the .defe
NJ. ant be now required to pay the CO
ted ~.ion a,e az W J.:"
eek 'nie iS 'no n,S' P.oee0o
les now be accomplished by Furnishing
oon u1ienoan' H lu''4.A ~. .n'u w :aA A
her oil 'ne cos:s ~ - 'n s':I:o -.
judgment be suspended, aud that
,r.. defend ant be in custody of the sh