The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-10-30
HEARING SET FOR NOV 8
Continuance Made on Motion to Dis
miss the Warrants.
NOT A CASE FOR THE FEDERAL COURT
Counsel For Defense Made Arguments That
Could Not be Answered That Charges
We're Without Authority of
Law in Such Court.
Especial to News and Observer.) }

Especial to News and Observer)
Snithfeld, N. c., Oct. 29.-The hear
ing of the conspiracy cases here to-
day, in which twcnty-six of the prom
inent citizens of the county are charg-
ed with having formed a conspiracy
to deprive three white Republicans
of the right to vote, was continued
until November Sth.
The continuance was made upon o
motion to dismiss the warrants on the
ground that the charges were without
authority of law in Federal court.
So overwhelming was the agreement
by the defense that the commission
ers sitting in the case decided to con-
tinue the investigation in order to take
time to carefully consider the cita-
tons of law in support of the conten-
tions of the defendants.
The defense was ably represented
by Col. L. M. Argo, Mr.. James II. Pou,
and Mr.. +. H. Busbee, of Raleigh. AS
sistant United States District Attor-
ney O. j. Spears and Ex-Judg.e Thomas
Sutton represented the prosecution.
The District Attorney, G. M. Ber-
nsLrt, is accredited with having origi-
mated the prosecution. He failed to
face the music, but showed his assist
ant to the hearing in his stead.
The motion to dismiss was so strong
ly and forceibly presented that it is
the general belief that the warrants
against the defendants will be dis
missed at the continuance.
The charge against the defendants
was clumsily prepared. They are held
for the alleged formation of a conspir-
acy by which three white men are de-
clared to have been denied the right
to vote. The conspiracy is alleged to
have been formed July 31st, two days
before the August election. On that
day there was trouble at Selma and
Srlithfield by reason of the rowdyism
OF several Republican leaders. Al
Smithfield this conduct was resented
hv p number of young Democrats, who
had accompanied ladies to the scene
of the Democratic speaking in the to-
bacco warehouse, where Hon. +. w.
Pou addressed 5000 people. These
are the facts concerning the alleged
conspiracy as related yesterday by
leading citizens of Smithfield.
The warrant issued by Commission
er Parker charges that the defend
ants did on or about the 31st day
of July, 1900, at Smithfield and Selma,
n. g., in violation of section 550S and
5507 of the Revised Statutes, unlaw-
fully, wickedly, maliciously and felon-
cously conspire, combine and confed-
crate together to injure, oppress,
threaten and intimidate the said af-
,fc. 4
ted States, in the free exercise and
enjoyment of the right and privilege
secured to them by the constitution
and laws of the United States. to-wit:
Their right to vote. to which they
were legally entitled under the consti-
tuition and laws of the United States
and in pursuance of said conspiracy
did assail them and in consequence of
said acts, wrongs and injury the said
afiantS were hindered and prevented
from the free exercise and enjoy
ment of their right and privilege to
vote against form of the statute in
such cases made and provided and
against the peace and dignity of the
United States"
There are twenty-six defendants
named in the warrants issued bv the
Commissioner, j. d. Parker. They
are:
Ed. S. Abel. F. H. Brooks. G. S.
Powell, c. i. Raines, Frank McKen-
ney, Badly Pittman, Il. j. Noble. Cleon
Parker, G. f. Kirby, Thomas Brink
ley, Gabe Powell. n. r. Ryals. Geor@e
Folt. Claude Bandy, Sam Booker, w.
ii. Wall. Donnie Creech. Raphael
McCabe, Ed Oliver, w. c. Smith, jim
Flemmons, j. NJ Morgan, David Nc
Kenney. ,Ir. Edwin Woodall, Paul Biz
zell and Ed. Strickland
There are seventy three witnesses
summoned ON the part of the prose-
cution. 4 number of these are ne
g'roes. The list of witnesses is given
herewith:
w. f. Lee. Jesse J. Adams, Il. I.
Wallace, c. a. Wallace. j. d. Massey,
i. T. Stancell, DR.. Blackman. Jas. p.
Parker. Tillman Dunn, r. d. Flowers,
Henry Pittman, Henry Williams. Ma
than Tast, j. NJ. McLam, Richard
Manning, John Blackman. Tillman
Radford, Nathan Wiggs. Robt. San
ders, ID. I. Massey, NJ. NJ. Rose. Jonas
Pittman J. p Afford, W. f. Dupree
Nathan McClam. J. b. Barefoot, r. T..
Flowers, W. II. Pittman, Chas. Battle.
r. b. Broughton, Adm Powell, J. IL.
Pearce, Daniel Capps, David Curtis. j.
o. Creech. John Eason. Pat. Parker,
Bill Phillips, G. z. Walden, @. G. Par