The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1895-11-07
ABOUT FEEDER AL COURTS.
Some Business aud Practices That are
Surprising, if True.

Some Business aud Practices That are
Surprising, If True.
District Attorney Glenn and Sheriff
Neal, one of his clerks, left last Mon
day for Asheville to attend Federal
Court, which opens tomorrow.
The following criticisms upon the
manner of running the Federal
Courts in this District are made by
the Statesville Landmark and are in
the nature of revelation, if the
statements can be sustained. With
due Difference to the Landmark, we
are inclined to think that an explana-
tion from our able and vigilant Dis
coloring to the matter. The Land
mark says:
"For years it has been known to peo-
pie familiar with the conduct of the
Federal Courts in the Western district
of North Carolina, that some Of the
rulings and some of the practices
allowed therein are, to put it mildly,
rather astonishing to the legal frater-
nifty as well as to the laity.
"The citizen who is familiar with the
mode of procedure in our State courts
will find himself at sea when he gets
into the Federal Court, so great is the
difference between the two. True he
will see a jury, i judge and district
attorney or solicitor. But he will
soon begin to wonder what the jury is
for. Probably not more than one case
in ten, of the hundreds disposed of
during term of the Federal Court in
Statesville, is submitted to a jury.
The case is called and the de-
PENDANT answers. Not infreQuent-
ly he is without counsel. Some
questions are asked, the judge
says he is guilty or not guilty as the
case may be-more frequently the
former-and the fellow is hustled off
fine. The jury sits idly by and wonders
what it is there for except to draw it's
salary.
''Sometimes His. Honor gets down off
the bench and goes into another room
for little time, but the court doesn't
stop while he is gone. 1t runs on at a
2.40 gait. The district attorney calls
the cases, asks few questions and
says guilty or not guilty himself in
the absence of the judge, and passes
sentence. Such an incident occurred
in the last court held at Statesville
and the district attorney disposed of
numerous cases while His Honor was
off the bench.
SIN one case defendant from
Mitchell county was called and
failed to answer. He was not
in the court room or IN town. But
his case was disposed of; he was pro-
nounced guilty and sentenced. Con-
victing a man and sentencing him in
his absence. without giving him a
chance to be heard is rather startling
to a layman ana it made some of the
legal fraternity open their eyes lit
tie wider than usual.
But one ut the most surprising
things of the last term, and one that
caused most talk among the lawyers,
was a ruling that is said TO have Origi-
mated with Judge SimOnton, of South
Carolina. But wherever it originated
Judge Dick evidently thinks it good
law for he gave it out on all occasions.
The ruling is this: That any man
found at an Illicit distillery is pre-
sumed to be participation in the
illegal traffic or guilty of aiding and
abetting in it unless he can show to
, the contrary. 1t is not necessary to
find him at work there. His simple
presence is sufficient to convict him
| unless he can prove his innocence. He
may have happened there accidental
ly: he may have stopped to warm him.
self, to get chew of tobacco or to
mass the time of day. He may have
Jeen called there for some purpose
that had no connection with the
illegal traffic and he may have no
sympathy with it. All these things
may be so, but if he is found there by
| the officers of the law the court holds
him guilty unless he can establish his
| innocence"