The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-08-23

ment OF C0stS%s W0 were DlschaF ge0
on Account of Old Age and Infrmity.
special to the News and Observer.
WINSTON, N c., Aug %
The jury this morning returned a YER
dict of guilty against seventeen OF the
tWenty-three negro rioters, which have
been on trial here for several days. Two
of these were discharged by Judge
Brown, on account of old age and in
trinity. Mitigating testimony was then
offered as to several of the defendants
who had plead guilty. Two or three,
against whom there were separate lndlct-
ments for carrying concealed weapons,
plead guilty and judgment was suspend
ed on account Of sentence in the former
case.
After court opened this afternoon
statements were made by the counsel for
their respec i've clients, asking the court
to deal gently with them. Judge Brown
stated that he had given this matter a
great deal of earnest thought. He did
not want to be severe nor weak in as
serting the majesty of the law. If those
people had dispersed when requested to
do SO by lawful authority he said
there would have been no prosecution.
They were given ample time to dis
perse. IF they chose to defy the law
they could not come in court and say
they did not mean to do it. 1t was hot
headed rashness in the extreme. I, was
only merciful providence that pre-
vented many on both sides from being
killed, or bad shooting, he did not know
which. He deemed it his duty to i'm
pose sentence on most of these pris
oners. He would try. to impose sen
tence according to the degree of culp
bility. While some would think he was
too lenient, still others would think
they ought not to be punished at all.
With him 1t was a matter of conscience.
Seventeen of the rioters were sent TO
the county roads, three for twelve
months, eleven for four months and three
for three months. One was fined fifty
dollars and cost, and three were dis
charged upon payment of the cost. Sey-
eral negroes plead guilty during the pro-
gress of the trial.
In court this afternoon, acting solicitor
Clement Manly, called attention to a
rumor that had gained currency to the
effect that Arthur Tuttle, whom the
negroes were trying to protect, had
written letter from the penitentiary,
stating that upon the night of the riot
jailor Ziglar took him (Tuttle) and
placed him where the ly nchers could get
him. Mr.. Manly said he did not men
ton this TO reflect upon the prisoners,
but he did it IN behalf of Mr.. Ziglar,
who courted the fullest investigation of
such a charge. Judge Brown said he
hadn't the slightest idea that the charge
was true, or that there was the slightest
intention to do harm to Tuttle.
The special term Of court closed this
afternoon. 1t is still believed that
several negroes have died from wounds
received during the riot, but their friends
have succeeded in keeping their names
and the particulars from the public.
The Hotel Phoenix, which has been
closed for two months, has been leased
to Efrd Bros. and Frank Brown, and
will be opened under the management OF
J. A. Efrd next week.
1t was a stockholders meeting of the
North Carolina Midland Railroad held
here Monday instead of the North Caro-
lima Road, as was printed.