The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-02-20
AN APPEAL FOR JOHN EVANS.
Mr.. Oliver II. Dockery, Jr., Writes an
Open Letter to the Governor.

Governor Russell:
Sir: Yours of q. recent date is before
me in which you ask my opinion as t'
the guilt or innocence of John Evans
the negro recently convicted here ol
rape: and as to whether his is n proper
cace for executive interference.
feel that my opportunities for advis
ing you in this matter are particularly
worthy of your careful and most seriou,
consideration-being one Of the cOunsc
who defended Evans on the trial.
My appearance in the case was at first
one of duty more than of voliti0n, hav
| ing been assigned by the court, together
with Mr., NJ. l.. John, and Cladi,ss Dock
| cry, To defend Evans, while six of tho
hest lawyers in the State aided the So
| licitor in the prosecution. In addressing
myself to YOU in this matter / desire
| To be entirely fair and candid in all OF
| my Statements, and trust that you will
| consider my advice in that light
| And please he assured. sir, that | speak
about this case as one interested sole
ly in seeing justice and right done, and
not. as is too often the case, from an
| abnormal sympathy which the pro
| fcssion is prone TO manifest in the life
and welfare of client
In THE beginning will say that a large
| majority of the people here believe
Evans guilty, and | think il is equally
true ahso that many believe this simply
because little Matte Cole, identified him
as the man who assaulted her sister.
Outside of her Identification the State
would have no case ut all-in fact, but
for the enermity or crimes of this ma
Ia
more avengers than judges, Evans alibi
testimony would have SO far outweighed
the Identification that there would have
been no reasonable grounds for a con-
Viction. But as | said before, the mar
jority of the people and the jury, who
were good men. believe the reasonable
ness of the identification, and upon that
point mainly the case virtually hinges.
We went into the trial with the pub
lie mind firmly made up as to Evans
guilt. and it was i'm the midst of hiss
ing. seething, opposition and criticism
that We undertook the poor negro'S de-
Tense.
The odds were all against him. and as
a lawyer, you know what that means.
Nearly every juror in the special venire
of three hundred had formed or express
ed the opinion that the prisoner was
guilty, and nine out of the twelve select
ed were taken ON their willingness to
give the defendant a fair trial in spite
of the adverse opinion against him.
But before we had progressed far in
the evidence we became deeply con-
WINGED that our client was innocent, and
they We're trying the wrong man: and
| believe so to-day as firmly and sincere
ly as that | live.
The evidence in this case is familiar
10 You, and / shall touch it as briefly as
possible. 10 be explicit. The testimony
was published fully during the trial,
and since then has been commented on
ably and at some length in the newspa-
per articles by Mr. John, Mr.. Parsons
and Mr.. Eyeritt. feel that | am thor
oughly familiar with every phase of the
ease. and the fate of this poor negro
has been the constant cause of asImnch
solicitude and anxiety to me as to your
self. and the large number OF fair
minded men who believe there is a grave
doubt about his guilt.
There are three grounds upon which
base my opinion that Evans is not
guilty; first, the incomplete and unsat-
isfactory identification second, the I'M
usually well established alibi. and third.
the unreasonabientss Of John Evans. a
country negro and n stranger in Rock
ingham. committing such crime mt that
place and at that time OF the morning.
Besides this we submit for your con-
siderati0n affidavits of new testimony
developed since the trial which tend TO
show that there are grave donbts as to
the crime having been completed to the
extent of making it capital. but only an
assault 10 commit rape. But we would
disdain to resort to this element Of the
defense If We were not otherwise firmly
convinced that John Evans is alto
gcther innocent.
First; as to the Identification. The as
sauit was committed on u dark, fOggy,
cloudy morning at 10 minutes before q
o'clock. just before day break Three
sisters We're going 10 a factory to work.
and were walking along an unfrequent-
cd road which led through a wire fence
separating corn field from a dense
pine thicket, thus making the place very
dark. The youngest sister passed
through the fence, bnt did not see any
one. Then Matte Cole, the next oldest,
age thirteen and half years, came to
the fence and saw IL man crOuching III
the weeds, whom she thought was "a
drunken white man named Bill Allen"
After getting through the fence she
glanced back and saw the man rise from
the ground and grab her older sister,
Miss Lille. Matte screamed and ran
as fast az possible 10 the factory, where
she gave the alarm and described the
assaiIant Ii is essential to note here
that no one saw the man except Matte,
and she only for that instant she look
ed back through the fence. Miss Lille
Cole, by reason OF her fright, never saw
her assaiant's face at all. So the whole
description Of him must and did come
from Matte. As soon as Matte reach
ed the factory, telephone messages
were gent flying all over town and teie-
grams to NIL Of the adjoining stations,
describing the assailant as ~ yellow
man with light mustache." These
messages were sent out by the Mayor
and the sheriff as consequence, every
svhe Royal 10 the highest grade bakiag powder
ksOwn. Actual tests SHOW u goes ono-