Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1893-12-22
END OF THE EEGERTON CASE
THE DEFENDANT HONORA-
I8LV DISCHARGED.
There Was No Case against Him
and The Prosecution Was
DrOpped-SOme Good Advice
For NTr Plato Lee


spiracv trial yesterday, when at 4
o'clock the prosecuting attorneys pre-
sented the following paper to the court
aud moved that it be spread upon the
records of the case:
State, Cole, ct. al, vs.. ]. L. Egerton.
On behalf of the prosecution we desire
now to submit to the court upon the
conclusion OF the evidence on both sides
that the gentlemen who swore out the
affidavit upon which the warrant was
issued in this case have no fears that the
defendant in this case will do any injury
to them or their property, and are will
ing that the court may dismiss the ap-
plication for recognizance to keep the
peace. And we submit, further. that
upon the consideration of the whole of
the evidence in the case we could not
hope or expect that jury would con-
vict the defendant of the charge of con-
spiracy, and we are therefore of opinion
that the warrant should be dismissed
and the defendant be discharged. We
desire to say further that the prosecut-
ion was begun in good faith and not out
OF any personal i'll will or bad feeling to-
ward the defendant. No further conces-
sions are made bv prosecution and none
are asked from the defendant"
Before the foregoing occurred, when
the court adjourned tor dinner, it was
with the understanding that the magis-
trates, with Messrs. Merrimon and
Ewart, of counsel should go to the resi-
dence of DR. Egerton and hear the testi-
monv of Mrs. Egerton. who was too ill
to appear in court. This was accord
ingly done and when the parties in the
case canle in the court room little at-
ter O'Clock it was supposed the trial
would be resumed. Time was granted
by the judges for consultation Of the
counsel, however, and all the attorneys
left the room and were gone until 4
o'clock when they reappeared and whis-
pers went around that the case was set
tied, and when Mr.. Ewart read the docu
ment given above the rumor was almost
fact and became altogether such a few
minutes afterwards when the jud cs
granted the motion and fixed the costs
on the prosecution.
After the paper was read, w. A. Smith,
of the prosecution, arose ard stated that
he had never been crossed in his proies-
sional career by case that had so dis
turbed his soul aud had DESTROYED as
much of his nerves as had this one. He
said he had been censured and criticized
by the put and his church brethren,
and unj Justly, because such censors and
critics seemed to frget the sacred conf
dencts that should exist between a law
yer and bis clients, and in everything he
had done in the case he had been solely
actuated bv the interests of his clients.
MIR. Smith also spoke an generating
word for those who had assisted in col
Letting the States evidence.
S. V. PiCkens, of the defense, poured
oil on the troubled waters, and congrat-
ulated the people of the town on having
the matter settled in an honorable way
He raised u laugh when he alluded to the
spats between himself and MIR. Smit h
during the trial as only small differences
after all, as he believed in fire and Mr..
Smith in water. { Mr.. Pickens is n Con-
gregatiOnalist and Mr.. Smith Baptist. J
7. ]. Hickman and A. E. Posey, also
of DR.. Egerton's counsel, made brief
talks, MIR. PUsey saying that the collapse
of the prosecution reminded him of the
young man who tried different callnes S,
tailed in all and went home to his ther
dead broke. He then got in a blacksmith h
shop on the farm and tried to make a
horse shoe and a plowshare, in both OF
which attempts he scored signal failures.
Utterly diSgusted he heated he shapele ss
iron red hot and soused it in the slack
tub with the remark, Odd If l can't
make sizz"
j.. II. Merrmon, in making the coEclud-
ing remarks, said that the voluntary act
of t he prosecution in submitting the paper
was certainly a graceful one, but he was
sorry they had not the courage to add to
their me 0tion that there had not been a
scintilla of evidence adduced to sustain
the charge. If they bad done SO MIR
MerrimOn believed the people would
have considered them magnan,mous. He
felt tn at grave injury had been done
DR.. Egerton that could never be repaired
AS for Mr.. Lee, Who was a weak young
| man, he was sorry for him. Mr.. Lee
needed the support of men and he also
needed to keep his mouth away from
whiskev and from Jamaica ginger.
MIR. Z wart here interrupted the spcakeI
with the words: Judge Merrimon viii
pardon me. but the agreement Was thai
no criticisms were to be made"
Mr.. Merrimon promptly replied: "NC
sir; there has been no agreement by th'
d tense to ANYTHING. The defendan
planted himself squarely on the grounc
that he was innocent and would brool
no suggestions to the contrary"
| The crowd broke into applause a
Mr.. Merrimon sat down. The magis
| trates checked the demonstration anC
granted the motion of the prosecution
and adj judged the costs against them.
The friends OF DR.. Egerton then presset
| around him and offered their congrat u
| tiOns.
Before the Case was settled.
The examination of DR.. Egerton wa
resumed when the morning session c
the court began. The Doctor said: 20
the morning alter Lee was so cra Z
drunk asked him what there was i
the story he had told of being concerne
in a robbery with his brother. Lee r,
Piled: There is a good deal in it; AT
one OF the noted men of the age!' Las
year my practice was worth So, 900 an
this year it has been from $16O to $2J
per month. l know that steps have bee
taken to notify my creditors about TIL
matter and l have seen letter write
by II. G. Ewart to that effect
The Ewart letter of yesterdays CITIzE
was sho wn and identified by witness &
the one referred to.
Rev. ID. A. Glenn, pastor OF the Fir:
Baptist church, testified concerning
talk with DIR. Egerton about making a
assignment, which idea the pastor di
couraged. Egerton said the busiue
would go down with Lee there as II
| people would not have prescriptions filIS
by a man who would get drunk.
Mont. Egerton,a brother of defen
ant, AID his attorney. told of the dire
tions of DIR. Egerton to obtain a 1
ceiver.
]. NJ. McMinn stated that he stay,