The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-24

sor. The board that elected him, the
Parson said, gave him no instructions.
He acknowledged that he had several
times had trouble about enforcing his
rules, but declined to answer any ques-
ton relating to his ordnance forbidding
nurses and children in the square after
7 o'clock in the evening, which ordinance
the Board of Public Grounds and Build
ings made him rescind.
This closed the evidence, the Doctor
and Charles being the only witnesses in
troduced. Then sometime was consumed
in argument, Mr.. w. J. Peele having
the first speech. He confined himself al
most entirely to the law defining assault
and to the rules governing the Capitol
grounds.
Dave Lane talked of more spicy things.
He had never heard Of such high-handed
proceedings here before. The Parson, he
said, had set himself UP as little king, a
great high priest.
"For twenty years the Democrats have
been controlling the Capitol grounds and
never until this year, when this Popuhst
preacher takes charge, have / heard Of
any disturbance. Time and again has
he had trouble. People are forbidden sit
ting in the square, nurses and children
are run out, people are forbid carrying
packages through the building, guards
are ordered to point guns at unoffending
citizens and finally the Parson goes ON
guard himself and attacks a colored man
with an open knife.
''It's got so that white lady can't
send her child there, and a niger can't
go in sight of the Capitol without being
ordered away. 80
'You never heard of such thing while
the Democrats were in power.
"And what is more, Burns cannot show
where he got such instructions. He tries
to saddle the whole thing on Capt. Rob
erts.
There are policemen here. 1t is Burns
duty to call ON the officers OF the law.
if there is disorderly conduct.
"The Reverend has got to be such
lord that he tries to run everything.
He's got an office that's too large for
him.
'Tts as clear a case of assault as was
ever committed in North Carolina.
s''I'm sorry the ParsOn got himself into
such a scrape. Parsons hereabout are
not accustomed to hang around a null
hole on Sunday to keep anybody from
looking in. They go to church and be-
have themselves"
At the conclusion Of the argument,
Judge Whitaker said that Rev. Burns
was Keeper of the Capitol and had gen
eral supervision Of it and the grounds,
yet he was not vested with police power;
and as it is the States property he has
not the same kind of jurisdiction over it
that he has over his own property in or
dering trespassers off. If there is disor
derby conduct, the justice said it is Mr..
Burns duty to call on policeman and
not try to put him off with his own hands
and with drawn knife in the hand,
as he had admitted having done in this
case.
For these reasons the Doctor was
bound over IN a $50 bond for his appear
ance at the next term of court.
Since taking charge of the Capitol
Square the Parson has been especially
strict on the negroes, so they yester-
day considered Judge Whitaker's decis-
ion somewhat in the light of personal
vindication of themselves, and there
was general rejoicing.
1t is worthy of note, in this connection
also, that no Democrat had anything
whatever to do with the case. 1t was
all Republican and Populist. 1t was a
negro that was assaulted, negro consta-
BILE served the papers on the Populist
parson and a negro lawyer appeared
against him. And what is more. a Re
publican magistrate tried him.
What a great pity it is that the Doctor
can't rise in his might and his No. los
this morning and shout defantly to the
world: democratic persecution"
1t would be a great consolation If he
could. .,tis go"
But he can't.