The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-14
FATHER DENEN AND THE LEWIS
COUNCIL CASE.

respited for fourth time
Some people have found in this
case evidences of secrtarian avtiv-
ity ,enumerating the following facts
that see INTO point to that conclus-
ion:
/. The negro Council became a
Catholic soon after he was condemn
ed to death.
2. The Catholic priest at Fayette-
vile, under whose preaching he was
converted, has been very active IN
his behalf.
3. He secured the affidavit OF
Sheriff Burns, also a Catholic, ana
sent it to the Governor with the re-
quest for a respite for the negro.
4. He has interested other promi-
nent Catholics at Wilmington and
they have employed ex-Judge Bryan
to represent the negro in his effort
to stay the execution.
5. Judge Bryan went before the
only Catholic on the Supreme court
bench with his petition for re-
hearing, though to do so he passed
through Raleigh where judge be-
longing to another church resides.
And in editorial column of said issue
note the following article:
THE WAY TO STOP LYNCHINGS.
1.-The way to stop lynchings for
rape is to hang men convicted by
juries of committing that crime. IL
is right and proper to give re-
prieve when there is claim OF new
evidence but when that evidence
does not change the original flnding
and the victim is confident that the
right man has been convicted-then
hanging cannot take place too soon.
If it is postponed and postponed and
postponed for re-hearing and the
like, then argument against lynch
ings will lose much Of it's force.
/ judge from your editorial that you
are convinced of the truth of the COM
ments you have made rejecting on the
integrity of a religious body and by
your comments you insinuate the said
religious body is actively engaged in
thwarting the ends of justice by using
sectaran influence to obtain a new trial
for a condemned criminal. l desire to
correct whatever false impression your
unwarranted assumption of facts may
have created.
/. The negro Council is receiving in
structions regarding the tenets of the
Catholic religion. When condemned he
sent for the priest in Fayetteville and
requested that he be prepared for eter-
nifty He never asked the priest to as
sist him in obtaining a new trial, and as
far as / am aware he never knew that
any steps were taken to this end, except
the petition forwarded to the Governor
signed by over two hundred of Fayette-
ville's best citizens, and procured by
the lawyer who defended him on his
trial.
2. He was not converted by the Cath
Ollie priest in Fayetteville, nor has the
Catholic priest in Fayetteville been in
any way active in his behalf except on
one occasion, to ask the Governor to
grant repreve, believing the man to be
innocent of the crime.
3. He secured an affidavit from Sher-
if Burns, not because this official was a
Catholic, but because he is an honest
man. And the affidavit was to facts
obtained in conversation with Mrs.
West prior to the arrest of Council
consequently prior to the occasion when
the prisoner became a Catholic For
ny yOuI wv IL diIIiISSlCu lIllS cNcII Ollly
happened after he was condemned.
4. The priest in Fayetteville did not
interest any Catholic in Wilmington
nor did any of the prominent Catholics
or any other kind for that matter, en-
ploy ex-Judge Bryan ito represent the
negro in his effort to stay the execu-
ton
/ alone am responsible. X-Judge
Bryan was employed by me alone and
without any conference with the priest
in Fayetteville.
In the fifth clause of your article
you would create the impression that
ex-JudSe Bryan was armed with the
argument that he was appearing before
a Catholic justice in behalf of con-
demned negro convert, and through the
instrumentality of prominent Catholics
of Wilmington. Sir, l am astonished
that you could have committed such
a blunder. Your article contains JUS
tice Douglas opinion in ordering the
case dOcketed In that the learned JUS
tice says: THE guilt or innocence OF
the prisoner is not for me to decide, noi
can / properly judge the facts that the
judge that tried the prisoner has grave
doubts of his guilt, that the solicitor
who prosecuted him does not believe
that he is guilty, and that the jury that
convicted him rendered verdict only
after distinct understanding among
themselves and with the court that il
should be coupled with recommends
ton to mercy" Is it possible that your
idea Of the Supreme court is such that
lawyer dare not appear before one OF
them though he be armed with facts as
quoted above, without revealing the re-
ligious persuasion of the criminal in
whose interest he pleads? For you say;
Judge Bryan went before the only
Catholic on the Supreme court bench
with his petition for rehearing, though
to do so he passed through Raleigh
where judge belonging to another
church resides" Sir, your unfortunate
comments have cast such a blot on the
judicial bench of this State that the
humblest apology could not wipe out
When | employed Judge Bryan ! lef
him independent in his action. If HI
appeared before Justice Douglas he car
answer for himself. But it i'll becomes
the News and Observer to sit in judg
ment on case after the Judge wht
condemned the criminal, and the jury
who convicted him, and the solicitor
who secured conviction, express gray,
doubts as to his guilt.
l believe these gentlemen are as high