The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-07-21
The GALLONS is CHEATED
EVERYBODY BELIEVES BERRY
COOK TO BE THE SLAYER
OF HIS MISTRESS.
CONVICTION WAS ALMOST CERTAIN
But It Was Agreed that He Should Submit TO
Murder in the Second Degree and be
Sentenced to Hard Labor for
Twenty Years.
Twenty Years.

rhe uallows was yesterday ahsated Oh
ITO own. Fortune and the demency OF
ti,e eourt favored Berry Cook, who STOOD
<x,.rcaa with the murder OF his mistress,
Rosa Morgan.
Instead of suffering death for his
crime he goes to the penitentiary Tor
term of twenty years-that is the Judg-
uent of the court. The limit 10 80 years.
He is now SO years old, when be comes
out he will be Sc.
At the conclusion of the testimony
Monday evening, there was little, II any
doubt left as to who it was that did the
killing. The defendants own testimony
settled that question. He cut on all
avenues of escape that the other wit
nesses had left him.
There still remained, however, the one
possible doubt as to Cooks intention to
kill his mistress on that fatal night. IL
was Just possible that in beating and
choking her he had, in jealous rage, gone
further than he had intended-and killed
where he only expected to punish. This
theory was borne out by the fact that
Cook returned home that night and tried
TO send someone-Lucy Simons-to the
dead woman, who, he reported, was sick.
Again the witnesses who heard Rosa
crying and calling for mercy, while COOK
was beating her, heard her do SO at TWO
different times some distance apart.
These were very small pegs ON winch
to hang a reasonable doubt. but the
Judge and solicitor hung it there and al
lowed the defendant, when the court
,opened at 10 o'clock yesterday morning,
to enter plea Of guilty of murder in
the second degree.
In doing this the judge stated that he
little doubted that Cook was the MUIR
derer. but that the investigation had
failed to reveal any reason for the man
becoming so Infatuated or insanely Jeal-
.ous MS. to kill a woman whom he had
been protesting to love. He was inclined
to the opinion that Cook had not intend
ed to commit murder. The solicitor held
similar views.
Then" said the judge, "let this de-
PENDANT be imprisoned in the penitentary
at hard labor for term of twenty
years"
Cook at his best is mean looking ne
gro. As the trial proceeded and he saw
the web of eliminating evidence gradu-
ally closing around him, the mean scowl
on his face had deepened and the desper-
ate flash of his eye had become more
dangerous as his chin dropped forward
upon his breast. No man Yin the court
room realized more fully the seriousness
of the situation than he did. The gal
lows stared him in the face and he
knew it.
So it was natural, when he heard that
it was all to end with a twenty-year SEN
tence, that his head should become more
erect and a pleased look come into his
devilish eyes and gradually creep over his
face, until it spread, as the sheriff was
taking him back to Jail, into smile of
delight. He nodded pleasantly to his
friends as he passed out and inquired
after their health.
He will be taken probably to-day, to
the penitentiary. But almost the uni
versal comment is that he ought to have
been hung.