The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-03-01
Rockingham. y. {.
February II lSiN.

i 'ifi I'll -, IC>'fN.
Governor Russell. Raleigh. n e.. Your
EXcellency:
lour recent favor asking for my opin
ion Of the guilt or innocence or John
Evans: recently indicted by grand jury
of this county for ravishing Miss Lille
Cole. and convicted ana sentenced 10 r.
hanged, and what You ought to do w:.A
him. came duly 10 me- | also note what
You have to say Of Judge Mclvcro opin-
ion Of the case, and that OF lot her per
sons, whose character entities them To
your consideration Before giving YOU
my opinion | desire You 10 clearly uu-
derstand my connection with the case.
The crime was committed within tw,,
hundred yards of my home. where !
reside with father and sister The
father of Miss Cole came To our home
Il few minutes after the assault upon
HIS daughter is alleged 10 have been
made, aroused me and told me Of The
awful occurrence. Partially dressing
| ran to the scene of the crime. From
then, on. | was as active as Il police
officer in the search until Miss Matte
Cole, identified John Evans as her sis
ter's aSsaiant. On the day after John
Evans had been arrested Mr.. +. J..
Cole, father Of Miss Lille Cole, en-
prosecution Of John Evans.
/ agreed to>appear for him without
one cent of compensation as did all of
my brethren who assisted the Solicitor
in the prosecution Of the Indictment
Subsequently to my agreement to APP
pear in the cause without compensation
Mr.. r. A. Horn who claims the re-
wards offered for the apprehension of
Miss Coles assailant employed me to
represent him as an attorney in securing
the rewards. He contracted to pay me
one hundred dollars in the event the
rewards were paid. l at once notified
my associates in the prosecution OF
Evans and agreed to divide the one hun
dred dollars equally between us in the
| event it was received. There were eight
of us. SO, if the rewards are paid to
/ Mr. Horn we will only receive twelve
dollans and fifty cents each for our ser
| vice. Your action on the petition 10
commute Evans sentence, even if favor
| able to the defendant, could not in the
| slightest degree affect my clients right
! to the rewards. SO | can not have any
! pecuniary interest whatever in your
| action. But so many foul aspersiOnS
| have been put upon the prosecutors in
! this cause | wish YOU to understand
distinctly my connection with the case
in considering the opinion l will proceed
] 10 give yOr.
Ny opinion is that Miss Lille Cole
was raped by John Evans as charged in
the bill Of indictment. The open letter
to you from Mr. O. H. Dockcry. Jr.,
of counsel for the defendant, publish
ed in Sundays News and Observer, |
suppose. contains all Of the grounds
upon which YOU were asked to interfere
with the finding Of the court, and |
| Will in a measure make reply to it.
Mr.. Dockery states four grounds upon
which he bases his opinion that Evans
is not guilty. | will consider them in
their logical order First-'The aft
davits Of new testimony developed since
| the trial which tend to show that there
are grave doubts as to the crime having
| been completed to the extent OF making
it capital. but only an assault To commit
rape | do not know what these afti-
dayits contain and have no way OF as
ccrtaining their contents, but | will say
| that they can not possibly overcome the
| positive, tearfully given, testimony Of
Miss Lille Cole. The proposition thai
4 White woman Of character would tcS-
! tify to having her person penetrated
/ by Il negro unless it were true is re1Olg-
nant not only To reason but 10 every in
| stInct of human nature. In the con
/ ference Of counsel for the State includ-
/ ing the Solicitor, Miss Lille Cole re
! lated tearfully but with particularly
ard precision how her arsaiant got
through her clothing and accomplished
the legal definition Of rape Again in
the trial Of the cause before Judge Nc
Iver | heard her swear positively and
with the greatest evidence Of pain and
mental anguish that her assalant's per-
son penetrated hers. What evidence
could possibly create a reasonable doubt
of her truthfulneSS III this statement !:
Would not every instinct Of her nature
shrink from making such Il confession
Would she have done so if truth had not
forced her to: 1t seems to me that her
testimony ought TO stand against that
of all the world as to the extent OF
tie assault. True she was not exam
ined by a physician and surely woman
is not compelled to undergo this addi-
tonal shock to her modesty after such
an assault in order to make herself be
lieved on the courts Of the State. If -.
North Carolina has ceased to be a fit
home for pure women.
If YOU will let myself or some other
representative of the prosecution see
the afiidavits referred to by Mr. Dock
cry we can probably explain them
i SecondlS-"The incomplete and un-
satisfactory identification. l dispute
! this. You can readily see the farce of
your trying the case de novo upon state
| nltnts OF counsel and opinion of citizens.
| Mr. Dockery says with great proteeta-
| ton Of disinterestedneSs, impa rtialty
! and love Of justice that the Identification
was incomplete and unsatisfactory
! will not make such vigorous and elo-
quent protestations Of noble conduct l..
connection with the case as Mr.. Dock
cry does: but | will at.sert that think
| can tell the truth. and l say; l. was
as positive as human language could
make it. Miss Matte Cole, between
/ thirteen and fourteen years old with 4