The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-20
CHARGED WITH BRIBERY
HIS COUNSEL, TAKEN BY SUR
PRISE, WITHDRAW.
HIS RESIGNATION IS THEN ACCEPTED
Judgment is Suspended on Payment of Costs
Henderson is Pleased With the Prompt
ness and Vigor of Solicitor Bernard
and Judge Brown.

Henderson, n. c., Aug. 19.-(SpeciaD-
In the special term of the Superior Court
of Vance county, Judge George Fl.
Brown presiding, the celebrated Moss
case was disposed Of this morning. The
indictment was against DR.. Moss, chair
man of the Board of County Commits
sioners of Vance county, for offering to
accept a bride in the matter of issuing
liquor license.
When the case was called it was asked
who appeared for the defendant. Mr..
T. r. Hicks stated that he, Mr.. Pittman
and others had been appearing for DIR.
Moss, but that in view of the statement
of the Solicitor that he had plea of
'nolo contendere," which had been hand
ed him, he and his associates would ask
to he allowed to withdraw from the case.
The Solicitor stated that he held in
his hand a plea of 'nolo contendere, sign
ed by the defendant J. r. Moss, and that
he had been asked to have the same filed;
also that Dr. Moss had signed and hand
ed him his resignation as county COM
missioner.
Mr.. Pittman, of counsel for defendant.
stated that this indictment grew out
of refusal by the Board of Commission
ers to grant liquor license; that DIR. Moss
was chairman and cast the deciding vote.
That he understood now that there was
a bargain for Moss to resign and for
man to be put in his place who would
vote for license; that this was corrup
ton. and that he would not be party to
it: that he had so stated to DIR. Moss's
son-in-law, and asked the court to consd-
er him as no longer representing the de-
PENDANT.
Mr.. Hicks. of counsel for defendant.
stated that he knew nothing of it until
yesterday at o'clock. that he did not
advise it, and would not act farther in
the case; that he did not believe that the
defendant could be convicted.
Similar statements were made by the
other counsel for defendant, Messrs.
Harris and Eaton, to the effect that they
had not been consulted.
Mr.. Zollicoffer stated that he was EN-
ployed by private parties to aid in the
prosecution, and that he and Mr. Spruill,
who was associated with him, were pre-
pared, as they had been from the first,
to prosecute the case to the fullest eX
tent of the law; that when he was asked
about the plea of "nolo contendere" he
stated that he had nothing to advise eth
er way; that he was prepared to do as his
clients desired; that they believed that it
was best for the county, and that the
ends of justice would be met by the FL
ing of the plea and suspension of judg-
ment. ga
The Solicitor stated that the defendant
asked to be allowed to file the plea; that
he believed that it was best for the COM
munity and the ends of justice, and ask
ed that Judgment be suspended by the
court.
The following plea was filed:
State VS.. J. r. Moss-Indictment for
Offering to Take Bride.
The defendant comes into court. not
admitting his guilt, but averring his in
nocence, and says he is unwilling and
unable to further contend against the
State under this bill of indictment, and
submits himself to the order and iudg-
ment of the court.
This August IS, 1897.
JOHN r. MOSS.
The following paper was filed with the
Clerk:
To D. Fl. Gill, Clerk Superior Court of
ance County:
Sir:-I hereby tender you my resigna-
ton as a member of the Board of Com
missioners for the county of Vance, to
take effect this day.
Dated Henderson, N. c., Aug. IS, '97.
JOHN r. MOSS.
The following judgment was entered
up:
State VS.. John r. Moss.
The counsel for defendant having with
drawn by leave of court, the defendant
comes into court and, through the So
licitor, presents in writing a plea Of
''nolo contendere" as to che misdemeanor
charged, which plea the Clerk will copy
in the record. 1t appearing to the court
that the defendant has resigned his office
as county commissioner, upon request of
the Solicitor and his associate counsel,
Judgment is suspended upon payment of
all COSTS
GEO. H. BROWN, JR., Judge.
The counsel for the defendant with
drew after said plea had been rendered
by defendant through the Solicitor.
BROWN, JR., Judge
The business of the court is concluded
to-day by the trial of several small cases
for fighting, carrying concealed weapons
etc.
| The whole community are well pleased
with the ability and impartiality with
which Judge Brown has presided as well
as with the promptness and vigor with
which Solicitor Bernard has represented
| the State. 1t is a matter of congratula-
| ton that the court has met and done its
work so well and efficiently, and there
| by averted q crisis in the affairs of the
county and upheld the majesty OF the
| law and leaving no cause for lynch law.
"I crave but One Minute said the