The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-12-12
To the Editor:

men Miss Lille Cole, if it had been IL
1.sJo3 ~ furnish the condemned nh
for the final preparation, but aW-aoi'
g., o;ti1cps do not see the propriety
~ ON interference with the Judgmen
81 +bo court. as indicated by the GoF
amor ia ms reason for the reprieye pa
lished in the News and observer
November 18th. No one questions VI
GoverIlags power TO respite comma
and PARDON. We had supposed nov
ever. the TWO latter pret0SatNSs We
rarely. if ever, exercised WlOiiou' go.
sppIication from the court Whlcn tlAC
the case: but it seems that IN uie ap
sence Of that another tFsDullNL'
known to the law, has assumed 70
cry the cgsp. and to set aside the Juus
~nent pronounced by Judge Mclyer, Il
The SIIperior court of Richmond county
This new tribunal is composed OF thtI
Governor and Council of State, aldeo
and advised by prominent citizens, III
tellicpnt clergymen and eminent law
yers and Editors
AS has been said, the powers OF 'Ll'l
Executive are wei known; bat we Woui'l
like to know wlpat rights lntlNluual
have to rehear the case.
Without intending to be dlsrespec'lulI
the only authority we see TOT theli 'o
trv This or any similar case, Is fhe sallie
authority which is invoked by the ilioo
vhen n lvnching-bee takes place. Anu
nairher can be justified, except upon
Abe assumed inefficiency of the courts
1hat q number OF intelligent people
sn other narts of the State, through I'M
nerfect knowledge Of the evidence, mast!
expressions OF opinion ana ulreco q
forts in behalf of Evans, have received
erroneous impressions OF the case, we
are prepared to believe; but those on 'ne
rround and acquainted with the whole
evidence and surroundings OF tne case
utterly fail to see any reasons ioi "a
ecutiye interference and reel VIal INV
community is receiving poor recogni, no
for the moderation displayed. We
have every reason to belle'e Ina. u.
Authorizations Of the court were entirely
sroa from HAS and uninfluenced by pub
nc sentiment. Neither are we prepared
~ admit that John Evans was
Afriendless wretch nor that he was
"r;lt on trial in a community revere.
NTH exc, r emit end indignation. Muci
Of +ais is r,ere sentiment. The CRIME
S;d ~ro;oke Indignation, but the com
mun;ty preserved itself from any undu
demonstration. while its citizens rem
dered every assistance to the constitute
authorities.
w may AVE our proportion OF lmpui
awe citizens. some of whom, no doub'
would have liked more violent measures
but the fact that no effort was MADE I
harm any of the suspected parties snow
eoncIusiye!y that the conservative ele
ment was ascendant. If the communlt
ar any considerable part of 1t had IL
tended to lynch Evans, it could nav
been done the day after his arrest, whe
attended by two officers he was brougi
before Miss Matte Cole and fully idei
tilted by her as the man. How han
arbar communities would have passe
hv the opportunity? Still, the Govern'
fntimates the case should not have pee
tried here. He says: '"There were e
sellelpt @qsfsesd ct to - deiiberateIy and cool
leigh evidence uninfuenced by ii
spirit pervading the community"
that be true, and his ground for in
peaching the verdict, then no case ougl
to be tried in the community where I'll
crime is committed, and the vital pril
eiple of trial by jury Of the vicinat
Is wrong
From personal knowledge Of all Il
witnesses. and after careful scrutiny
the evidence, our minds are led irresis
6bIy to the conclusion that the process
ings of that trial would convict Jot
Evans of this horrible crime before 6
upright jury anywhere Only two
the jurors, Captain William I. Evere
and w. Il. Thomas. live in the vicini
where the crime was committed-tl
others could have known little, if an
thing, of any feeling against the a
eused-and seven of them lived TWEEN
miles and more from Rockingham-aT
fn communities where their usual cor
municatiGn is with other towns tina
Rockingham. 1t is more than probab
that these seven had not been in Roc
ingham or its vicinity between the dat
of the crime and the day came hel
under the process Of the court.
The trial lasted three days. 1t
known that when the jury retired wit
the case the evidence was fully an
freely gone over by them before the
attempted to ascertain how any juro
stood. After some three hours COZ
sultation they took their first vote upo
what verdict they should render, an
that verdict was unanimously guilty.
1t would be suppressing the truth not {
say that this jury would have witt
stood any public sentiment before bril-
ing in that verdict if the evidence
left on their minds reasonable d
Of the prisoners guilt. In the faA
these facts, the suggestion that the
may change their opinion" seems to u
unworthy of anyone who desires to pre-
serve confidence in the courts.
We are surprised that the Governor
in abiding to cases of rape in othe
parts of the State, would speak com
placently Of the fate of the wretch VIII,
was hanged by mob, while exhbitin,
such tender sohcitude for this man abou
to be executed by the-4aws Of the land
TO quote him literally, he sustains the
court in two cases, and the mon in one
while in the Evans case he does moi
seem willing to sustain the verdict OF
= jury of good men.
Much of the testimony is so well pre.
sented in the article Of Mayor Everett
published in the News and Observer OF
November 18th, that it ID only necessary
TO refer to that issue, while we confint
ourselves to points not therein eabor
sted. The evidence of Miss Matte Cole
young lady of high character and in
telligence, an eyewitness of the occur
renee, is therein reproduced with much
of the other evidence that sustains her
Young in years, yet mature in inteli
gence and character, there is not the
shadow OF a doubt that she fully iden
tilted him as the culprit She had M
difficulty in identifying him. From the
first his image was stamped on hel