The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-07-30
THE SHEMwELL CASE AGAIN.
There r. No Reason why Judge Boy
KIN Should be Criticised.
LAURINBURG, N. O., July 30.
To the Editor Of the News and Observer:

1AhthANhbhhf Ave ~ VNAy w.
To the Editor Of the News and Observer:
In your to-day's issue in an editorial
yo;; state that there has 5eeE; much &C
we're criticism on the ruling made by
Judge Boykin in the Shemwell- Payne
| trial in his refusal TO allow the motion
of the State for change OF venire. !
am far away from the scene OF that IA
nous trial and belong to that large num-
Der of people who think the verdict of
the jury miscarriage of justice. l
kept myself thoroughly informed with
the case from the beginning so far as
was able to do through the newspaper
reports, and in it was unable to see one
single thing out of which the slightest
reproach ought to be brought against
the pure and upright Judge who pre-
sided at the trial. / was unable to
see where in any matter he showed
the slightest bias on either side. We will
presume that the court knew nothing of
the cause until :he took his seat on the
bench except that information which
comes ordinarily to every man who reads
the papers. If the Judge should hear
anything before he enters upon the trial
of cause every intelligent man knows
that it is his duty to completely dismiss
it from his mind. So when this cause
came up for a hearing a motion is made
for change in the place of trial. The
State filed its affidavits. The defendant
replied and by his own oath and that of
others denied the statements contained
in the affidavits for the State. Then
the Judge must assume the responsibility
of deciding. He recurs to the statute
and finds that it reads as follows. Gre
moved to some adjacent county for trial
if he shall be satisfied that fair trial
cannot be had after hearing all the testi-
money which may be offered on either
side by affidaivts."
So then the law is that the Judge must
remove when the evidence satisfies him
that fair trial cannot be had.
He can't go outside and call council
of his friends to ascertain the true con-
dition of affairs; he can't invoke the
aid of astrolgers to divine what the jury
will ultimately determine about matter;
he can't have the valuable assistance of
wise men with their post hoe arguments
and who abound everywhere, but looking
only to the evidence adduced by each
side his conclusions must be reached.
So agreeing with those who condemn
the verdict of the jury, respectfully
dissent from censure Of the Judge.
Edward T. Boykin is an ornament to the
judiciary of North Carolina, and one of
the best equipped lawyers who ever sat
On the bench. To his attachments as
lawyer he carries with him an affable |
,uave temperament and in the discharge |
If his judicial duties he is always patient, |
earned, and fearless. I do not know |
now much longer he may serve his State |
n this capacity, but when he goes out of |
,ffice his judicial ermine will be taken |
)y his successor pure and unspotted. |
Then let us not hold Judge Boykin re-
jponsible for a miscarriage Of justice |
when he could not foresee the probable |
outcome of his ruling. Let us not |
wound his feelings.
WALTER Fl. NEAL.