The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-02-27
Is Evans Guilty.?
A Review of the Testimony by Cameron Morrison, Esq.
Additional AfidaVitS

minutes before six O'Clock by the time
used by the factory at which they work
ed which is fifteen minutes behind town
or railroad time: This would be- five or
ten minutes past six o'clock by the time
other inha bitants of our town than the
factory operatives go by. started. ac-
companied by their sister Maggie. tG
Pee Dee Factory, and when about two
hundred yards from their home the as.
sault was committed in the edge Of W.
/. Everett'S field. Matte Swure and
told it before Evans was unprecedented,
that when she first saw the man by the
fence, she thought it was Mr.. Allen,
harmless white man whom she knew well
and had frequently seen drunk along
the road, this before she was near
enough to distinguish features. think
ing IL was Mr. Allen she was not
frightened, when she got near the man
just before and while in the act or going
Through the fence she looked at him
and saw it was a negro and said Look
there Lille" but not loudly 9s she was
frightened, Miss Life does not hear
well and did not hear Matte. Matte
stepped through the fence, the path af-
ter crossing the fence goes up along side
of the fence, Matte took one or two
SJcp5 WllC1i pidGNu INK HNSLN AAAAN
at the negro facing each other with
nothing between them but the wire
fence, she said she could have reached
him with her hand. and that she looked
at him good; he jumped at her sister
and she CMattie) ran screaming. Her
sister Maggie was "a little distance ia
front of Matte and Matte ran against
Maggie and knocked her down, Maggie
got up and ran off screaming. Matte
ram on to Pee Dee Factory and did not
return until after the first arrest had
been made Matte says the man she
saw grab her sister was John Evans, and
that she can not be mistaken about it.
This seems to me about as positive as
the English language could make the
identification; but Mr. Dockery does not
agree with this statement of the testi-
mony on this point. Mr.. DOckery asks
you TO find a doubt of Matte Coles
statement. because he says it was SO
dark at the scene of the crime at the
time of it's commission that Matte Cole
could not see we'll enough to identify
afterwards her sisters assailant, nc
says, it was just before day break
not a witness swOre it, the only testi-
mony introduced before the court as to
the light and the opportunity to see WIS
from Mr.. J. g. Terry and the Cole fam
ily Mr.. Terry was introduced by the
defendant and is a man of character,
he lives Within an hundred yards Of my
home. and within three hundred yards
Of the spot where the assault was com
mitted. he swore that it was light
enough to see and distinguish persons
mt the time HE heard the screaming, that
the girls ran by his home and told Mr..
40 s,,,N
row street from him, something of what
had happened, that he ran quickly and
lust little after Mr.. McAuley to the
scene of the assault. he described the
place and swOre that there was no OO-
StructiOn between where Matte Cole
said she first saw the defendant and
where the tracks showed the man to
have been crOuching, and none after
she crossed the fence from where she
said she looked at him, except the wire
fence, which scarcely INSTRUCTED the
view at all, that at the time he reached
there. it was light enOugh to have seen
Snd distinguished persons; that he fol-
lowed the track some distance across
the field and that by STOPPING little
he could see the track in the grass as
it went through the field. We had
the defendants own witness testi-
when the defendants own witness testi-
fed that it was not only light enough
TO see man, but light enough to see
~ track in the grass. and Matte and
Lille Cole had sworn that it was light
enough for them to see, so light that
their father who had started with them
to the factory stopped at the lot, think
ing it unnecessary for him to so on:
that they had lantern which they had
H.
night before and were returning it, but
did not light it that morning. they had
this lantern unlighted with them when
the assault was committed Il believe
the statement as TO lantern was not
brought out ON the trial, but it it true
as showned by Mr.. Coles affidavits.l
They were a little later than usual in
starting to the mill that morning. We
thought this sufficient for Il court and
jury upon this point, if we had known
you intended to exercise appellate jur-
iSdiction of the facts in the case and try
il upon the opinion of the public. we
would have introduced further testimony
upon this point. We could have intro
tuced Mr.. j. A. McAuley, whose char
acter is as good as a presiding elders.
who would have testified to the facts
contained in his affidavit hereto at
tached. You will see from this that he
reached the scene of the assault within
not more, than seven minutes from
the time of its commission, and that he
could and did see; you will also note
that he disagrces w5th Mr.. DOckery
and cOrrobOrates the Cole girls as to
The time the assault was made and also
"a to it's being such a dark place Mr.
McAuley swears in this affidavit, at
IS not very dark place. the woods
ire not dense at this point. the woods
ire some forty feet west of the spot.
md towards the east there is not an
obstruction to light but a clear open
ield; that at the hour the assault must
awe been committed, he was satisfied
hat persons could have been seen and
.asily distinguished at this place" We
.ould have introduced several other gen.
lemen who saw the Cole girls on their
way to the mill as they ran from Miss
Lille with their pitifhl screams. who
would have testified ais to the light, but
{ you and the ''other persons" whose
character entitle them to your consid-
will not believe the testimony nr