The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-12-14
IS THE EGR GUILTY?
One of John Evans Counsel Reviews the
Case His Synopsis of the Evidence.
Doubts as to the Correctness of Matte
Coles Identification of the A~ssailant-No
Politics In the Case

To the Editor Of The Messenger:
The effort made to some to sustain
the verdict of the jury in convicting
John Evans at Rockingham seems to
me to be made with the belief that a
jury can do no wrong" But, here in
our town there is a poor negro Fred
Wooten, who was Convicted with his
brother and a friend) of arson, over in
the adjoining county of South Caro-
lima. After the brother and his friend
had been hung and he had served IL
of his 17-year sentence in the peniten-
tiary, it was ascertained that another
committed the crime, and, uDon a |
death-bed, confession was made, the
keys to the building, etc, surrendered. |
The pardon that freed Fred Wooten
could not reach Amos Wooten or Will
liam Easterling, who died on the scat
fold, innocent of that crime.
No one dares to say that the jury in
that case was corrupt, or incompetent, J
burt no one Will say that the verdict
was just.
Now What shall be done about it when
so many think John Evan is not guilt
ty? Shall we declare that it is a re-
Election upon the jury? Have they
Deriured their souls merely because
as so many think, John Evans may not
be the right man? From some of the
articles against this poor unfortunate
it would seem hat some must think
so. No one can or will try to reflect
upon the jury that tried Evans. They
were men, human. Did they err? There
is no other question pertinent.
If I know my own mind, / say truly,
1890 III x+ = - . - Ia
my firm conviction that the jury did
err. and that if executed, the hanging
of John Evans will be a judicial muir
der.
Being of counsel for the d~efence, it
may seem that 1 would be prejudiced
thereby, and I am not foolish enough
to claim that I may not be influenced
some by the interest that this has
forced me to take in the case, from
the standpoint of the defendant. I was
assigned to defend, over my protest,
yielding only when that good man, for
whom I have a tender affection, Judge
McIver, said he thought it my duty to
appear for the Defence, and he urged
me to do so; for if I did not, it might
cause him to have to order counsel
from another bar to aid in the defence.
/ was at home in Laurinburg when
the prisoner was arraiSned, but in
obedience to kilograms from the court,
I arose before day and rode tWenty-six
miles through the country to appear at
the trial, arriving at the court house
Just as the jury was called. The first
juror called was taken. AT that time
I was as ignorant of the case as he,
and / had not time to see a single wit
ness or consult with MeSSrS. DOckery
& who were assigned at the
arraignment, as was I, to defend the
prisoner.
Naturally, 1 supposed we had a gull
tv client. To see that he had Justice
was my aim, and, as I had previously
stated, if I believed him innocent, l
would do all I could in my
to defend him, to clear him.. But if
convinced that he was guilty, no tech
nical defence, or cavilling, or delay OF
any kind would be entered upon by
me; that if he should be acquitted
wrongly, and I was fully convinced
thereof, I felt that I could not read
lily acqUuiecise in that, but would be sc
anxious to avenge justice that I might
~perchance, violate the law myself in
attempting to do it.
Now, some papers of the state have
stated that republican lawyers for tn
defence have been trying to get a re
publican governor to pardon this man
That charge is unworthy of notice, blu
I will reply to it. One Of the reason:
urged why I should appear for TIM:
Door fellow was to take it out OF pom
tics, and keep it there, and [ was Sc
lected for that purpose, especially a:
I had peer chairman of the democrat
ic executive committee of the count.
and nv democracy could not be Ques
toned.
Now, I have been twice to see tn
governor, and 7 will go again, if I d
not change my mind as to the guilt o
this man-if my going will assist u
get him clear of the sentence or get i
modified. l went to Wilmington, say
the governor, returned home, got VI
%afidavits. etc, and went to Raleig.
and laid them before the governor on
Tuesday night of last week. l do no
understand human nature, or Governo
Russell is playing a part, if he is no
rOubled over this matter. l was ull
impressed with that view OF the case
and l am sure I do not want his Jot
nor would I exchange places in thl
matter, hard as is my own work, an
as much as the question has trouble
me. 1t has caused me to lose a goo
deal of sleep; for the action of tn
court in assigning me, with Messr:
Dockery e Dockery, placed this man
life in part in my hands. 1 would sa
right here that all of the counsel &c
the defence have worked harmonious
in all things, and have had Slngura
unanimity of views. 1t is true, 1 wer
to see the governor in Wilmingto
without consulting with them, though
wrote them, but they did not get my Il
ter in time to answer before L ha
gone.
Now to tire evidence: l. took fu
notes, over forty pages, at the trla
and have to rely Upon that for Wha
say.
on the morning of October 23d. abo'
ten minutes before 6 O'Clock, three ST
tiers left their home in Rockingham Il
the factory. They passed along a pat
that ran inside of a field, by the fem
to a point where the barbed wire WI
loose. and then the path pass
through and skirts the woods just on
side of the fence for some dhStanc
Tbo forarpoS+ oirl IL wears old. Sa