New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-09-30
FUGITIVE SEEKS PARDON.
\ ROMANTIC CASE BEFORE THE Gov
ERNOR OF NORTH CAROLINA

ERNOR OF NORTH CAROLINA.
sell has before him application for pardon that
is of great interest throughout this State. and is
also National in character. The name Of the ap-
plicant is WaghtstIll Avery Jackson. He and
United States Senator Jeter c. Pritchprd are
brothers-in-law, their wives being daughters OF
Jacob w Bowman. formerly Superior Court Judge
of Mitchell County. The other actor in this case
is Edward Ray
There was dispute between Ray and q man
named Bailey over a title to a valuable mica mine
In Mitchell County. Bailey and his friends
in possession. This was early in the spring of
1854 While Bailey and his aborers were at work
In the mine Ray attempted to run them out by
building fire in of the shafts, but the smoke
was carried off by of the fues. acting as a
chimney Finding that the smoking process would
not give him possession Ray went to Bakersville
TO see Anderson and get him 10 come to his as
sstance. Ray and Anderson were brothers-in-law
Anderson at this time about twenty-five years
Old and had a wife one son and two daughters
He was deputy collector of internal revenue and
possessed many enemies because he was active in
running down the ''noonshiners' who infested the
mountains
FOUGHT IN MINE.
When Ray and Anderson arrived at the mine
fight ensued between Ray and man by tho mans
OF Cebern Miller, who friend Of Bailey Ray
was knocked down one Of the shafts into the mine
The fight was continued and Ray killed Miller
another Of Ba!leys men. Ed" Horton, who was
also one of Bailey's men, attacked Anderson at ths
top of the mine and after desperate encounter,
Horton was killed. Ray and Anderson then fed
and remained away until the excitement sub
sided Then, believing they could prove that they
acted in self-defence they returned gave them
selves up and We're put in jail The bill OF ndict-
ment for murder found in Mitchell County
where Ray and Anderson had many friends and
because OF this fact, the prosecuting attorney
asked for the removal of the case from that
ty' as the State could not get fair trial The
defendants tried to have the case removed to any
county other than Caldwell but to this coun-
ty it was sent. This county this time was strong
ly Democratic. and there was great hostility of
feeling against Ray and Anderson because they
were Republicans and Anderson was a revenue Of
fcer Ray tried first. and was found guilty
OF manslaughter and sentenced 10 twenty years IN
the pententary. Anderson was tried next and
was found guilty of murder and sentenced to be
hanged. An appeal taken to the Supreme
Court, and the judgment of the lower court was
affirmed
RESCUED FROM AsHEvILLE JAIL
Ray and Anderson were taken to Asheville fail
for safekeeping Knowing that they could not Sc
cure clemency from the Governor the friends Of
Ray and Anderson in Mitchell Madison Bun
combe and other counties the number of five
hundred organized themselves into a band and
carefully laid their plans TO them from Jail
and set them at liberty Ray and Anderson were
kept informed of what their friends were doing
the outside. On the night chosen for the at
tempt a binding rainstorm broke over the town
Silently and by several different routes the five
hundred sturdy mountaineers, armed with pistols
knives and Winchester rifles, gathered around the
Jail, which was in the heart of the town. A Gordon
was drawn around the square to prevent assistance
from reaching the jailor The jaior was called to
the door to receive a prisoner who was standing
there with his arms tied When he opened the
door he was seized and told that II he made any
he be lied He WA
gagged and tied and locked IN cell. The keys
were secured and in five minutes Ray and Ander-
free, and the cavalcade moving out
of town without having fired a shot meeting
any resistance. large reward offered for
their capture. but without result.
The present wife of Senator Pritchard at the
time of the killing in the mica mine the wife
of Ray. After Ray rescued from Jail and
fed from the State, his wife went to him and re-
manned some time. She finally came back to North
Carolina and returned to her husband, giving
as the reason that he had been cruel TO her and
had made her life with him an iDtolerable burden
After a few years Jeter c. Prtchard, q young
lawyer he was then, brought suit for Mrs. Ray
in the Superior Court of Bunconlbe County against
her husband and obtained divorce Shortly after
ward, in 1892, they married.
For sixteen years Anderson has been fugitive
from justice. His baby boy, in the arms of it's
mother when he fed from the State, has grown
nearly to manhood. and has never his father
The other children-two giris-have grown almost
TO womanhood. and have forgotten the features Of
their father. Their mother has struggled and made
a living for her children and herself, and for the
last three years she has been postmistress at
Bakersvle.
IN THE SECRET SERVICE.
Ray seems to have passed into oblivion and no
knows where he is; there is rumor that he is
dead. Anderson for number of years has been
in the Secret Service of the United States under
assumed name. and on many occasions has acted
one Of the Presidents guards.
In view Of all these facts A. c. Avery the
Superior Court Judge who tried the case has
Senator Pritchard. OF course is greatly interested
and has asked that the pardon be granted. Five
of the jurors who brought in the verdict or muir
der have signed the petition There is large list
Congress District, asking for the pardon.
Anderson was named for Waightstili Avery, the
elder brother of Judge Avery. who was killed by
Kinks command near Morganton in 1865, iust be-
fore the war ended This brother was educated
Chapel Hill. When he went there ell his fam
fly old line Wings. While here he became a
Democrat. In q short time he was the leader of
the party in this State, and at the National Com
vention at Cincinnati in 1856 which nominated Mr.
Buchanan for the Presidency Waightstil Avery
was chairman Of the Committee on Resolutions
Although time has done much TO soften the
asperities that existed sixteen years ago, there
stin remains strong feeling against RAY and
Anderson, and protests being filed against
granting the pardon. The mother of Horton il
protesting against the pardon, and has aroused her
friends to activity in her behalf.
Governor Russell IS kindhearted man and
those who know him best believe that he will send
because Anderson has been punished mors
than enough
CONSIDERING REMEDIAL LEGISLATION.