The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-04-11
STUMP SPEECH NOT MADE
But Sent Out by Holton as Under
Leave to Print.
Mr.. GILMER OPPOSED ANY CONDITIONS
He Would Have Insisted Upon Trial it
HOlton Had Made His Stump Speech
That Was Printed.

Attorney-G General Gilmer, VINO return
ed from Greensboro yesterday was
called on by News and Observer re-
porter yesterday In answer to ques-
tion Mr.. Gilmer said:
II went to Greensboro in order to
be present when the cases, against the
registrars were finally disposed of. |
did this in discharge of what / con-
sidered a duty imposed upon me by the
Legislature of North Carolina. On my
arrival / sought an interview with the
District Attorney. / informed him that
1 understood mol pros was to be en-
tered in all the cases, and if this course
was to be pursued / would be glad TO
have the cases disposed of when the
court convened on the following morn
ing, as my duties required me to re-
turn to Raleigh as speedily as possible.
In my conversation with the District
Attorney, / gathered the impression
that some statements would probably
be made in open court at the time the
cases We're disposed of. assured Mr..
Holton that while i had no disposition
to interfere with the proposition to en-
ter a mol pros, did not desire any
conditions to be imposed and that |
would resent in open court any refiec-
tions upon the registrars That / had
given the cases a good deal of study
and had read the debates in Congress
in 1898 and 1894 when the Enforcement
Acts were repealed, and that | did not
consider that any Federal statute re-
mained under which the indictments
could be sustained. On leaving Mr.. Hol-
ton he assured me that the cases would
be mol pressed, but did not indicate
when the matter would be called up.
The court was then engaged in the trial
of a cause. / called his attention to the
fact that it would require only mo-
ment to enter the order of mol pros
Nothing, however, was done until
few minutes before the court odjourned
Tuesday evening l had announced my
purpose to Mr.. r. B. Glenn, with whom
l had consulted frequently, to ask the
court to have the mol pros entered or
that trial would be insisted upon. Mr.
Holton finally took up the matter and
the cases were dismissed"
Here the reported interrupted Mr.
Gilmer by asking:
did Mr.. Holton make in open count
the statement as published in the pa.
pers this morning?'
mo. He did not read from the paper
which i observed he had before him.
His statement was substantially that
in the interest of peace and harmony
he would enter mol pros. He further
stated that in his opinion he had suf-
ficient evidence to convict and that he
reserved the right that if these offences
were repeated by these parties or any
one else-and then at this junction he
was interrupted by Judge Boyd who
remarked from the bench: That YOU
cannot hold these people responsible for
what other parties NAL do. Mr. Hol-
ten then resumed and added that in
entering the mol pros, neither the
guilt nor the innocence 0f the defend
ants was considered When Mr.. Hol-
ton completed his statement, / re-
marked, addressing him: You have not
read from your paper and he replied.
No. but l have stated the substance
of it.
MIR. Glenn, who had been with me
in the court room during the entire day
watching developments, was sitting by.
We held brief consultation and came
to the conclusion, that as nothing had
been said which was construed as any
reflection upon the defendants, thera
4 Ncto AAO OSSdSAOh LII CllIGI OnS III IIldkN
any statement, and in this way the
cases were disposed Of"
WHAT THE MOL PROS MEANS.
Yesterdays Charlotte Observer, organ
of the Federal court and the revenuers,
in speaking of the mol pros of the regis
trars said: The cases were mol pressed
with leave to reinstate them, but this
is the form. as we understand it, in
nearly all criminal cases and the lam
guage signifies nothing-the cases are.
to all intents and purposes, as effectu-
ally and finally disposed of as if they
had never been brought
When you enter 'nolle prosequi' in
a criminal case, what is its effect?"
/ asked Mr. Armistead Jones. Solicitor
of the Fourth Judicial district, yesterz
day. Mr.. Jones said:
1T means that the government is
unwilling to prosecute the case any
further and the effect is to drop it
from the docket. Though this is done
the government can bring new indict-
ment for the same offense at any time
within three wears.
When 'nolle prosequi With leave is