The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-11-18
"A SWORN JURY BETTER QUAIL
FLED TO PASS UPON THE ENI-
DENCE THAN PEOPLE HUN
DREDS OF MILES AWAY.
r THE JUDGMENT OF LAWFUL courts
Are Not to be Heard and Needed and Carried
Into Effect, What Encouragement Have On
Outraged People to Appeal to the
Courts for the Punishment.
Rockingham, n. c., Nov. Ii

Rockingham, n. c., Nov. II.
To the Editor: Our people feel in
dignant at the reflections upon them
contained in an article N the Raleigh
Press Visitor of the 18th inst, referred
to in Raleigh correspondence of the
Charlotte Observer in regard to the
John Evans case, entitled "Will Evans
HangY The article is unfair and I'M
just.
1t is not true that hanging senti-
ment prevailed the community. On the
contrary, it was the prevailing sentl-
ment that the accused be given fair
trial before an impartial jury, and that
the law should take its course. Nobody
wanted any doubt to exist rs TO the
guilt Of the PARTY punished; but all
wanted the guilty man TO pay the pen
atty of his crime.
1t cannot lie denied that he has had
a fair trial. A more intelligent, more
honest and more upright jury never
sat upon case in THIS, or Wake, or any
other county. There were only two of
the jurymen from Rockingham, the ota-
er ten being scattered from all over
the county from the extreme upper end
to the extreme lower end. The prison
er did not exhaust his peremptOry chal-
lenges, and a yenire of 800 men was
ordered from which to select the jury,
these thirty men being drawn from the
box. Every juror took an oath that he
was unprejudiced against the prisoner
before he took his seat in the jury box.
The superiority of the jury in character
and intelligence was the subject of gen.
eral remark.
The court was presided over by Judge
McIver, an able, honest and upright
Judge. The prisoner had assigned to
aim as counsel Messrs. G. and o. H.
Dockery, Jr., and M. l.. John, all able
lawyers, who gave to his defense all Of
tneir zeal and abilities; and their work
in his behalf was highly spoken of by
all who heard the trial. Every witness
desired by the prisoner was examined
in his behalf. Not an exception was
taken to any ruling of the court. AT the
conclusion of the evidence, the State
proposed to submit the case to the jury
under the charge of the Judge, without
any argument on either side, which
proposition was accepted by the pris-
oner's counsel The charge of the
the prisoner and the State were plain
~ stated to the jury, and so distinctly
that "he who runs might read" And
not an exception or objection to the
charge has ever been raised, and no
appeal has been taken.
The jury, unswayed and unbiased by
any appeals of oratory retired to their
room and gave to the evidence and the
Ew il patient ami careful consideration
of three hours. After which they re-
turned into court, and rendered their
verdict against the prisoner.
4 Ais verdict meets with the approval
Of at least 80 per cent. whom we have
heard express themselves. We have
heard some of those few who are fayor4
able to the prisoner, and express some
doubt rs to his guilt, say that under the
evidence, they did not see how the
jury could have rendered any other
verdict than they did render.
Now, who is most capable of passing
on the guilt or innocence of this pris-
oner; twelve honest sworn men who
have heard nil the evidence or those
wise men spoken of by the Press-Vis-
itor. living in Raleigh who have heard
nothing but irresponsible rumors, or im-
perfect. incomplete and fragmentary
newspaper reports of the trial?
Who asserts or pretends that the pris-
oner has not had fair trial! Who as
serts or pretends that the jury who sat
on his case have perjured their souls?
Who charges that the Judge was not
Impartial and careful of the prisoner S
rights: Who claims that the prisoners
counsel did not do Their duty by him,
ably and zealously? Who accuses the
counsel for the State of doing anything
more than their duty? Not single per-
son that We have heard of except these
same wise men who manufacture "a
prevailing opinion" for the Press Visi-
tor.
The great objection that is urged
against people taking the law into their
hands in rape cases, or any other sort
of cases for that matter, is that jury
ought to first decide that the party pun
ished is guilty. The relatives and friends
of Miss Cole have taken the case
against her assailant into the court
house without assuming to decide il
for themselves. Miss Cole herself. a
young lady of unblemshed chastity and
high character, has gone before the court
and publicly told of her degrade tor, and
submitted to Il cross-eXamination con-
corning it. An indignant and outraged
people have patiently waited for the re-
suit of this trial in court. And now
that the trial is ended, all the safe.
guards allowed by law or humanity be-
ing thrown around the prisoner, and
by the judgment Of the court he is pro
nounced guilty, and the sentence of the
law meted ont to him; on the heels oil
all this. here come these soothsayer.
who grind out ii prevailing opinion
for the Press Visitor, and say that q
three days trial is all for naught, ano
that justice has been perverted"