The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-08

treatment, dir Ddu JTpdJluCHl.
Mr. Busbee: / don't think SO, and
l don't think you ought to swear before
the court"
Captain Day: 81 am not swearing be-
fore the court, | am swearing before
YOU" and he left the room.
Justice Montgomery attention was
directed to Col. Argo who was adj
dressing him at the time and he did not
hear Captain Day though he might
easily have done so otherwise. lie
caught Mr.. Busbee's reproof however
and replied to him; Il did not hear him
swear. Ii l had | should have known
how to take care of him.
Captain Day in the meantime had
retired to the hall of the building to
cool off, but did not seem to cool. He
called Mr.. Travis out to demand why
he had not been informed the day be-
fore of the matter sought to be put
in the returns. Mr.. Travis explained
that he had only been informed of it
by telephone at the moment the case
was called. This seemed to anger Cap
tain Day more than ever.
Now look here Travis" he ex-
claimed SO loud that everybody in the
court room could hear it. Il have been
trying to work along with your board,
but I'll be d-nd if / don't cut loose
from YOU" And he paced up and down
the hall while the profanity drifted
through the open door in sulphurous
puffs as he passed and repassed.
Meantime Justice Montgomery was
explaining inside that he was willing
for the Executive Board to show that
the prisoner was not entitled to his
release if such was the case. If they
could show bad conduct he would hear
them.
Mr.. Travis who had returned to the
court room, said that the board only
wished to guard against the release OF
a prisoner who was not entitled to it,
not to retain any one who was
While j. G. l.. Harris was gone to
the Governors office after Il copy OF
the communication of sentence, Captain
Day returned to the court room. 'In
this hiatus" he declared, Il want to
say that / do not want to turn loose
any person who ought to be kept, but
if he can be turned loose God knows
| want to turn him loose. If it were
in my power | would open those gates
today and turn them all loose. Who con-
scented for this Executive Board to come
into this case anyway"
Mr.. Busbee: Mr.. Harris. We think
that all that was necessary"
Captain Day: Il don't think so;
don't think he had any right to admit
these Intermediates
Captain Day then called out the attor-
neys in the case and declared he would
live up to the laws of 1897, bur wanted
it understood that he had charge of the
prisoners and nobody else
BY this time Loge Harris came back
with the copy of the Communication which
made the term twelve years from the
date of incarceration.
Argument was then begun upon the
case. A very remarkable feature of the
argument was that while COL Argo
and Judge MacRae were both employed
as counsel for Captain Day, Col Argo
agreed with Mr. Busbee as to the eff
feet of the Governors Communication and
the Interpretation of the act of 1899.
while Judge MacRae agreed in the main
with j. G. l.. Harris.
The contention Of Mr. Busbee and Col.
Argo was that the explicit declaration
of Section 3445 of the Code: Every
prisoner who may have been sentenced
for a term of years" did not apply to
a convict who had been originally sen
fenced to imprisonment for life unless
his sentence was committed by the Coy
ernor to Imprisonment for a term OF
years and then only from the time of
such Communication.
Mr.. Harriss contention was that when
the Governor committed q term of life
imprisonment to imprisonment for
term of years that such Communication
took effect as of the date when the SEN
tence of life imprisonment was imposed
and had the effect to change the original
sentence to Imprisonment for a term of
years.
At the conclusion of the argument
Judge MacRae said that he had already
passed on case of similar import but
the point involved had not then been
seriously contested by counsel He had
therefore in accordance with what was
a merciful course given his decision for
the release Of the prisoner. Upon furth-
er examination and the hearing OF argu-
ment he was convinced that the decision
was wrong. Il made mistake tie
other day." he said, "and am not too
small to correct it, Whether or not it was
a mistake of law | can stand it. I am
sorry that this prisoner is not entitled
to his release, but under the Code find
he is not"
From this decision Mr.. Harris appeal
ed, by consent of all parties, to the SUI
preme Court and the matter will come
up at the next term.