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

| helpful to the ends of justice, or sub
versjve?
! Mr.. Editor:
| The effort made by some to sustain
| the verdict Of the jury conyicting Holm
| ByIuS al. Rockingham, seems TO me 20
! tc made with tae belief that jury "c4H
do NO wrong but here in our town
! there is poor negro, Fred Wuotyu. who
| was convicted with his brother and %.
/ frieud) of arson, over in the adjoining
| county of South Carolina. After the
| brother ana The FREUD had been hung.
and he had served T. of his II year
| sentence to the penitentiary, it was as
| certaiued that another committed the
crime; and, upon a death bed. confession
was made, the keys to the building. etc,
| surrendered. The pardon that freed
| Wooten could not reach Amos Wooten
| Or William Clustering. who died on the
| scaffold-innOCCnt of that crime
No one darys say chat the jury in that
'ase was corrupt, or incompetent. but
| no one will say that the verdict was
| just.
Now, what shall we do about t when
so many think John Evans is not guilty?
| Shall we declare that it les reelection
lpon the jury? Have they perjured
|
| think. John Evans may not be the right
| man? From some Of the articles against
his poor unfortunate It would seem that
ONE must think so! No one can, or will
| ~ to reflect upon the jury that tried
evans. They were men; human, Did
| hey err? There is no other question
| pertinent.
II know my own mind, | say truly,
rom the bottom of my heart, it is my
| rm conviction that the JURY DID
| yRR, and that, if executed, the hanging
| John Evans viii be IA JUDICIAL
| LURDER!
Being of counsel for the defense, ii
may seem that l would he prejudiced
thereby, and | am not foolish enough
to claim that | may not be influenced
some by the interest that th,s lras forced
NE to take in the case, from til, stand
point of the defendant. ! was assigned
TO defend, over my protest yielding only
when that good man. for whom | have
/ a tender affection. Judge McIyer. sad
he thought it my duty to appear for the
! defense, and he urged me to do so: for if
DID not, it m:sat cause him 10 havr
To order counsel from another bar to aid
III the defense.
arraigncd, CnI.aurinburg) but in obedi-
ence to teleSYams from court. | arose
before day and rode twenty-siX mi es
through tie country to appear at the
trial, arr wing at the court house lust
as the jury was cared. The first juror
called, was taken. AT that time | was
, as ignorant Of the case>as he. as | had
not had time to see snAIc witness, or
consult with MeSsrs. DOckesy d Dock
, cry. who were assigned at TIM arraign-
, ment, as was |, to defend the Prisoner.
Naturally | supposed we had Il >yuilty
client TO see that he had Justice was
n my aim. and. as | had previously stated
o if | believed him innocent l would do
all | could in my weakness, to defenC
him, to clear him. But. if convinced
+ that he was guilty, no technical defense
or cavilling, or delay of any kind woult
be entered upon by me; that if he shoult
be acquitted wrongly, and | was full!
n convinced thereof, | felt that | could no
n readily asquiesce in that, but would b
1 so anxious to avenge justice that
. might perchance violate the law mysel
+ in attempting to do it.
!. Now, some papers of the state hav
stated that republican lawyers for tn
defense have been trying to get a re
publican governor to pardon this man
= That charge is unworthy Of notice, bu
Z | will reply to it. One of the reason
urged why | should appear for thi
poor fellow, was to take it out of poll
tics, and keep it there, and l was select
$ ed for that purpose, especially as / hat
been chairman of the democratic execu
. tive committee of the county. and m,
democracy could not be questioned.
: Now. | have been twice to see TIN
governor. and | will go again. if do no
change my mind as to the guilt of thi
man--if my going WI assist to get hin
clear Of this sentence, or get it modified
| went to Wilmington, saw tie governor
returned home, got up aifidayits. etc
and went to Raleigh and laid them be
fore the governor Tuesday night of las
week. ! do not understand human ma
ture, or Governor Russell is playing
part, if he is not troubled over this mat
ter. | was fully impressed with tina
view OF the case, and | am sure / do no
want his job, or would l exchange places
in this matter, bad as my own work
and as much as it has. troubled me.
has caused me to lose a good deal O
sleep; for the action of the court in as
signing me, with Messrs. Dockery &
Dockery, placed this mans life in par
in my hands! | would say right here
that all of the counsel for the defense
have worked tremendously in all things
and have had singular unanimity Of
views. 1t is true l went to see the gov
ernor in Wilmington, without consulta
ton with them, though l wrote them
but they did not get my letter in time tC
answer before l had gone.
Now, to the evidence: / took full
notes, over forty pages, at the trial, anG
have to rely upon that for what 1 say.
On the morning Of October 23rd, about
ten minutes before 6 o'clock, three sis
tiers left home in Rockingham for the
factory. They passed along a path that
ran inside of field, by the fence, to a
point where the barbed wire was loose
and then the path passed through and
skirts the woods just outside of the fence
for some distance. The foremost girl,
Is years old, was in front, and saw
nothing at any time. When the fore
most girl turned out of the line of the
path INSIDE Of the field to pass through
the fence and go outside Of the same,
she stepped from before the second girl.
| Directly beyond and in front. the sec
ond girl, hurrying after the first, and
about three steps behind, saw a man
crouching in the weeds just beyond the
point where the path passed through
the fence, and in line with the direction
| of the path she was on. This little girl.
|