The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-10-09
CLOUD OF NEGROES THERE
Present to Give Evidence Against
the Registrars.
MANY OF WINsTovS BEST PEOPLE THFRE
They Came as Witnesses For the Defense.
Judge Boyd Unwilling to Rush Defend
ants to Trial Without Time
For Preparation.
Especial to News and observer.) J

Especial to News and Observer)
Greensboro, N. c., Oct. S-The trial of
the Winston registration cases has been
postponed until Monday of the second
week ot the next term of Federal court
here. which will be in April 1901
The Burke county registration cases are
set for trial in the Federal court next
week at Statesville.
Readers of the News and Observer will
remember that on the 9Th of last July
two Democratic registrars at Winston
we're arrested for refusing to register ne
groes about whose legal qualification as
voters they had doubts. For this they
were arrested, taken before United
States commissioner and bound over to
the Federal court.
These men were j. T. Thompson and
Hunter L. Wall. When their cases were
called in the Federal court here this
afternoon at 3 o'clock, perfect cloud of
negroes appeared against them. Alto
gether there were in the court room not
less than forty negroes who were sum-
money here to give evidence against these
loom, and III marked con east, there sat
some fifty white men, from Winston
many of them among the best citizens in
Forsyth county.
On both sides there was an able array
of counsel. District Attorney Holton was
assisted in the prosecution by Judges
John Gray Bynum and w. P. Dynum, Jr.
For the defense there was Clement Man
w.
B. Jones, of Winston, and Col. T. M. Argo
and Col. John w. Hinsdale. of Raleigh.
State Chairman Simmons and County
Chairman Joyner were also present. After
Holton had called his host of negro wit
nesses, and every one of them had re-
sponded Here Mr.. Watson arose, and
said the defendants were not ready for
trial; he added ''Mr. Wall is in the city,
but he is in bed sick. He left home this
morning against advice of his physicians.
Since his arrival here he has had a ply
sician attending him, and l now have his
certificate saying that Mr.. Wall is too
sick to leave his bed or attend to any
business whatsoever.
'As to Mr.. Thompson, it has been i'm
possible for him to get ready for trial,
though he has diligently striven to do so.
His preparations were made on the basis
Of the warrant sworn out before the COM
missioner, but in the bill of Indictment
presented to this court a number of new
counts have been added. There are
twenty-four counts in the bill, and of this
number not less than fifteen are new.
'In addition to this there are seven i'm
portant witnesses that we were unable to
have subpoenaed. and two without whom
we cannot get along in the case at all,
are sick IN bed.
Your Honor VIII therefore see that it
is impossible for us to try these cases at
this time with any safety to the defen-
dants.'
Judge Boyd asked the prosecution if it
was true. as stated that the bill OF in
dictment contained a number of new
counts. Mr.. Holton replied that it was.
Judge Boyd: SIS it your purpose to try
these defendants upon the new counts not
named in the original warrant?"
Holton: 'It is, sir
Judge Boyd: 'In that case the defen-
dant should have ample time to prepare
his defence. This he has not had. I
don't know any instance in the criminal
proceedings of North Carolina in which
man has been forced to try his case
during the term at which the charge was
preferred. This is an important case,
both to the defendant and to the public,
and it is entitled to every right and in
diligence. This, however, is only a right
that he now asks and l shall hold that
he is entitled to a continuance. The de-
fendant had a right to expect that the
charges preferred against him in the
original warrant would be the charges on
which he was to be tried if other charges
are preferred he is entitled to q reasona-
bic time in which to prepare his defense"
Counsel for the prosecution contendec
that the only change made in the original
warrant when drawing the indictment,
was that some of the old names Of negroes
not allowed to register were left off. and
new ones were added, and preparation
for defence on one of these counts was
preparation on all of them.
But" interrupted Mr.. Manly, "the
evidence in each individual case is differ
ent, and that evidence is just what we
have been unable to prepare for"
To this Judge Boyd added: while it is
true that the charge in each case is SINH
lar, still each name constitutes a separate
and distinct indictment"
The court then asked counsel for the
defendant Thompson, to draw up an affi- |
davit stating the grounds on which the |
continuance was asked. This affidavit set !