Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1894-05-07

wild and Locke Craig and 9th
ers Make b alS llie
and sherman App" al to The 6u-
| preme Court.
After the short morning recess of the
Criminal court Saturday, ii. A. Gudgcr
arose to a question of privilege and
stated to the court that he had received
| a note from witness whom he had
questioned on the stand yesterday. in
which the writer said he considered that
Mr.. Gudger had done him an injustice.
Continuing, Mr.. Gudger said: 81 immc
diately answered the note and agreed to
leave the matter to an attorney he
would select and if the arbitrator decided
that there was no necessity for the ques-
ton would make amends as publicly
as had asked the question. The NUT
hal friend has decided that the question
was unnecessary aud now make Mr..
Wild as full and complete rctraction and
as public as was the offensive question.
wish to state further that this apology
is not in any sense i'll obedience to the
statement that appeared in THE AsuE
VILE CITIZEN, which statement believe
did Mr.. Wild fully as great an injustice
as my question. am really sorry that
asked the question, as l have known
Mr.. Wild all my life and regard him as
a brave man.
Judge Jones stated that he hoped the
apology would be satisfactory to Mr..
Wild and also to THE CITIZEN, which
had its own peculiar views regarding the
laws.
Locke Craig addressed the court and
said that he desired to say there had
been q misconstruction Of what he had
| said in The case of the Sherman trial re-
garding the Jews. Said Mr.. Craig, 81
know only one of the persons against
whom the language was claimed to have
been used and he is Mr.. Blomberg, and
know nothing OF him except to his
credit"
ID. NJ. Luther then arose and said. 81
am the attorney Who ccnsured Mr.. Craig
and think my version of the affair is
correct; but if | did Mr.. Craig an injus-
tice am willing to apologize. still
think, however, that was correct in
what stated"
Judge Jones inquired if there were
other experiences and II. b. Stevens re-
piled that he had one. Mr.. Stevens
saiu. Il agree with Mr. Luther, but il
said anything i'll my speech that reflected
on Mr.. Craig | am sorry for it
| When the afternoon session of the court
was called to order Mr.. Stevens called
Judge Jones attention to the fact that
the daughter of M. Sherman, who had
been convicted of libel. wished to make a
statement in her fathers behalf. The
Judge looked at the daughter, who is a
prcposscssing young woman, then at
Mr.. Stevens, aud replied in kindly tone
that he could imagine what the state
ment would be. Mr.. Stevens said he
didn't know that it could add to what
had been already said, and the Judge did
not hear what would no doubt have
been a touching appeal ior mercy toward
a father.
Then taking up the cases of Sherman
and Mclntire for sentence, Judge Jones
said he had carefully weighed the cases
in every way. He had as much sympa-
thy for Sherman and Mclntire as had
any man present. II he were to be guided
BY his feelings he would not put upon
them the punishment he proposed to.
Ii he should fine the men the fine would
necessarily tc heavy one, $500. and
that would be a punishment to their
families. "ln my charge to the jury
continued Judge onts, II said the la W
protected sreputation as much as
it did his property. Here is man who
started out in life with many things
against him. He has built up reputa-
tion and here in court proved as good a
lcharaCtcr as that OF any man in Bun
combe county. He has two rivals
in business, who enter into a deliberate
conspiracy to break him up and run him
out of town. They write to Armour 4.
Co. that Mr.. Hill is a negro. that he has
violated the criminal law and was pre-.
pairing to detraud the company and
leave. So far as this act is concerned they
are equally guilty. The jury has found
that Sherman's statements were FALSE
and libclous. Mclntire admits it. II tn,
law equally protects mans reputation
and his money, then these men delber
ately tried to steal his reputation. II G
thief takes a mans watch the watch car
be gotten back, but not so with ;
mans character. had thought once tl
make the sentence a fine, but that is no
a sufficient punishment. Here was ;
deep laid plot to ruin the character of ;
mar. The people ought to be taugh
that they cannot ruin mans rcputa
tion unless there is good ground for it
| cannot see any difference in their gull
they are equally guilty and their pun
ishment shall be the same. Make tn
entry, Mr.. Clerk"
And then the sentence OF one year eaCl
on the county roads was imposed.
Il Judge Jones then called the attention
of the bar to rule now existing which
. if called to the attention of the Count
| Commissioners, he thought they woul,
! change. 1t is that men sent to the chai
lgang for misdemeanors are made to wea
stripes as are those sent up for felonies
Stripes, he said, we're a sign of an in
famous offence and should be worn onl
by men convicted of felony. Messrs
ID. NJ. Luther, II. A. Gudger, ex- ludg
Carter, Solicitor Carter and Lock
Craig spoke on the subject, agreein
with Judge Jones. On motion of MI
Luther the Judge appointed committe
to properly present the matter to tn
County Commissioners and ask them t
make an order ia accord with Iudg
Iones' suggestion. This committee
composed OF ID. NJ. Luther, II. b. Garter
II. A. Gudger, J. ID. Murphy and Lock
Craig.
Counsel for the defendants pleaded 70
a change of sentence from imprisonmeu
to fine, but Judge Jones remained firm
8 He suggested, however, that the me
would carry the case to the Suprcm
court and it would not be decided beioi
the December term, and il they should
the interim behave themselves the CO.
crnor might pardon them. If this wei
so, Judge Jones said, he would do whs
, he could to have executive clemency e:
tended to them,