The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-10-30

G. w. Adams, c. r. Pinkleton, j. NJ.
Parrish, Stanley Stancel, Frank
Adams, r. A. Laughter, j. II. Stancel,
John Smith, Gethrow McClam, VIM.
Jones, III. p Honneycutt, John Fair
cloth. John II. Parker, Henry Fitzger-
old, Dorman Sanders, Ransom Rayner,
John Sanders, Joe Stancil and Ran
som Durham.
The hearing was held in the court
house Fully 1000 people crowded in
to the court room. 1t was shortly at
ter 10 o'clock when L. S. Commission
er Nichols announced that the court
was in readiness to begin the investi-
CATION. Seated by him was j. ID. Par
ker, the resident commissioner, who
issued the warrants for the arrest of
the defendants. The three white
men, d. II. Massey, Bob Wallace and
Bob Sanders, who are responsible for
the prosecution, were also present
The prosecution eagerly announced its
readiness to proceed.
AIR James H. Pou, of the defense
asked: We desire to know as attorneys
representing the defendants who is the
trial commissioner in this court? An in
yestigation of the statutes show that
commissioners setting in case.
Commissioner Nichols: "The papers
were issued by Commissioner Parker and
were served by the marshal"
Mr.. Pou: 1--WE find nothing in the Uni
ted States statutes, which permit the
removal of q case from United States
commissioner to another commissioner,
nor is there anything said that gives the
rio IF ioin tri hV
sioners The defendants object to trial
by both commissioners, as there is no
law which iustifies joint responsibility
in the trial of case. There is no au-
thority Of law, which permits the re-
moval of cases from one commissioner
to another. Neither is there any warrant
of law for two commissioners to set on
a case This is sometimes done by con-
sent, but our defendants object. We call
on the assistant district attorney to cite
some authority justifying such procedure.
Mr.. Spears, the assistant United States
District Attorney, conducting the prose-
cution, replied: There is no doubt as
to the right of one commissioner to set
in this case A commissioner has no final
jurisdiction in anything-not even in
cases of contempt. Either of you have
jurisdiction in this district. l do not
hesitate to say that either of the COM
missioners would shrink to assume re-
spcnsibility l take it that if there be
a division of opinion, the visiting COM
missioner would accede the opinion of
the sitting commissioner. [ don't see
why any commissioner should be held
responsible for action in this case. do
not know what is meant by such asser-
tion. Do you wish some shaft of wrath
to be visited on the responsible commits
sioner? This court is properly consti-
tuted and in every way qualified to pro-
ceed with the hearing
United States Commissioner Nichols:
"These papers were issued by United
States Commissioner Parker. l came here
at his suggestion and at his invitation.
l would be only too glad to retire. Com
missioner Parker will take final action.
l am here only to advise him. This trial
is in the name of Commissioner Parker"
Assistant District Attorney Spears
Colonel Nichols did not come here at
the instance of the government. He is
here by invitation
Colonel Argo: I'VE say there is no law
or authority for a dual court among
United States commissioners. We are in
terposing our objection because it is
harder to convince two judges than one.
This is purely statutory court, and un
der the statutes of the United States
Court there is an absence of authority,
warranting a United State commissioner
to invite any enc to sit with him. A
commissioner ought to be qualified to act
without the advice of anyone. If he is
NO bo tn hol ho Of
commissioner The decision of the COM
missioner must be his absolute opinion,
derived without the advice of anybody.
The objection made here is not personal.
We would object to the presence of the
Chief Justice of the United States Su
preme Court as quickly as we would to
Mr.. Nichols
Mr.. Spears: eff Judge Purnell were
here today he could sit with Commits
sioner Parker. His jurisdiction in a case
like this is exactly coordinate with Mr.
Nichols, therefore, he has the right to
sit with Mr.. Parker. 1t would reflect an
indignity on the court for one of the COM
missioners to withdraw. 1t has leaked
out here that the defense wants to hold
Mr. Parker solely responsible. l believe
Mr. Nichols too much of a man to desert
him now"
Colonel Argo: Whether he sits by him
self or with anyone else, this commits
sioner has got no right to be influenced
by an outside party Mr.. Spears says
this court is properly constituted. We
are contending that this is not So and he
is unable to cite authority showing that
it is. If Judge Purnell were here he
could not sit in this case, and you would
have a right to order him away. A cir
cult judge may not sit with a district
Judge in the trial of district cases. They
can sit together in the trial of circuit
cases, because the statutes so provide.
Commissioners Nichols: Il shall be
forced to say some things in connection
with this case which | did not intend to
say. This case is one not only of great
interest to the defendants, but also 10 the
public. Mr.. Parker being interested in
this case. l came here at his invitation
and to give advice, and | will say that
am here with the full knowledge of the
district judge, the district attorney and
the attorneys representing the defense.
Therefore, l shall not retire"
Mr.. Pou: "Our information was that
Mr.. Nichols was coming here to try the
case. We thought Mr.. Parker would
Il ynd