The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-02-27
Rockingham. y. G.
February p, 1898.

Governor Russell, Raleigh, \. c., Your
EXcellency:
Your recent favor asking for my Opin-
ion of the guilt or innocence Of John
Evans; recently indicted by grand jury
of this county for ravishing Miss Lille
Cole. and convicted and sentenced to be
hanged. and what you ought to do with
him. came duly to me. | also note what
you have to say of Judge McIvers Opin
ion Of the case, and that of other per-
sons, whose character entities them to
your consideration" Before giving you
my opinion | desire you to clearly un-
derstand my connection with the case.
The crime was committed within two
hundred yards of my home, where ]
reside with father and sister. The
father Of Miss Cole, came TO our hOmt
a few minutes after the assault upon
his daughter is alleged to have been
made. aroused me and told me of the
awful occurrence. Partially dressing
I ran to the scene of the crime. From
then, on, / was as active as a police
officer in the search, until Miss Matte
Cole, identified John Evans as her sis
ter's assailant. On the day after John
Evans had been arrested Mr.. f. L.
Cole, father of Miss Lille Cole, en-
gagged my services as an attorney in tine
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 10
represent him as an attorney in securing
the rewards. He contracted to pay me
one hundred dollars in the event the
rewards were paid. 1 at once notified
my associates in the prosecution OF
Evans and agreed to divide the one hum
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
dollars and fifty cents each for our ser
vice. Your action on the petition to
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
peelIniary 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 / win proceed
to give you.
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. Dockery. Ir..
OF counsel for the defendant. publish
ell i'm 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 opinions that Evans
il 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 afr
davits contain and have no way Of as
pertaining their contents, but l will say
that they can not possibly overcome the
positive, tearfully given, testimony Of
Miss Lille Cole. The proposition that
white woman of character would tes-
tify to having her person penetrated
by a negro unless it We're true is repug-
nant not only to reason but to every in
stlnct of human nature. I'm the con-
ference of counsel for the State, includ-
ing the Solicitor. Miss Lille Cole re-
lated tearfully but with particularly
and precision how her assailant got
through her clothing and accomplished
the legal definition of rape. Again in
the trial of the cause before Judge Nc
liver | heard her swear positively and
with the greatest evidence of pain and
mental anguish that her aSsailants per-
son penetrated hers. What evidence
could possibly create a reasonable doubt
of her truthfulness in this statement?
Would not every instinct of her nature
shrink from making such n 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
the assault. True she was not exam
ined by a physician and surely woman
is not compelled to undergo this addi-
tional shock to her modesty after such
an assault in order tn make herself b..
lieved on THE courts of the State. IL So.
North Carolina has ceased To he fit
home for pure women.
II you will let myself or some other
representative of the prosecution see
the aftidayits referred To by Mr.. Dock
cry We can probably explain them
Secondly-"rhe incomplete and IN
satisfactory Identification dispute
this. You can readily see the farce of
your trying the case dc novo upon state
mants of counsel and opinion OF citizens. |
Mr. Dockery says with great pr0tcsta |
tIon OF disinterestedness, impartiality |
and love OF justice that the Identification |
was incomplete and unsatisfactory. |
viii not make such vigorous AMI elo- |
luent protestations OF noble conduct IA |
with the case aS Mr.. Dock |
cry does; but / will assert that I think |
can tell the truth. and / say; Il was
as positive as human language could |
make it. Miss Matte Cole. between /
hhirteen and fourteen years old with =
face as pure and sweet as the first days |
IF the world, swore positively and firm;
y that she looked at her sisters assail- |
ant good and that John Evans was
he man. My recollection of Miss Mat
tie Coles testimony differs radically |
from that of Mr.. Dockery's. and / heard
her tell II time and time again before /