The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-03
COUNCIL To HANG
ON MONDAY WEEK
The Governor Will Not Again
Interfere.
,,tcor ,a,naA0Uyc DOpT
JUDGE WOMACK'S REPORT
The Queer Mixing of Affidavits by
Sheriff Bu.n ms.
THE TESTIMONY he GAVE Oa THE TRIAL
Council is Generally Believed to be Guilty
Man and the Governor Will New Let
Him Hang. He Has Been Re- GakEsA
peatedIy Respited.

Judge Womack is back from Fayette-
vile and has sent to Governor Aycock
at Wilson a report of his
investigation in regard to the case of
Louis Council the negro rapist now I'M
der sentence to hang on Monday, August
18th.
AS a result of this report, Private
Secretary Pearsall yesterday announced
that the Governor will not fur
Their interfere, but the law will be al
lowed to take its course
Councils crime was committed Oil
May 18th, 1901. Soon thereafter, his
case was tried in the Criminal court
and he was convicted and sentenced.
On appeal to the Supreme court the
| lower court was affirmed and the Gov
ernor fixed June oath as the day for the
| hanging. Just before the fatal day Il
| petition signed by the judge, jury, solic-
itor and many citizens was sent up from
Fayetteville, asking the Governor to
| commute the sentence. On this petition
| Council was given till July 18TH. and
on July 10th the Governor declared that
| he would not further interfere; but that
| the condemned man, who had been hop
ing that his sentence might be COM
muted, might prepare for death, he gave
further respite of a Week-until
July %.
Before that day arrived, the Governor
received from Councils attorney the in
formation that some new evidence had
been discovered, and this was set forth
in an affidavit by Sheriff Burns stating
that before the arrest Mrs West had
told him that Council was not the man
1t was on this affidavit that the Gov
ernor further respited Council till Au
gust r. and sent Judge Womack to in
vestigate the case.
At that time the Governor was not
cogniZant of the fact that at the trial
Sheriff Burns went on the stand and
testified on the very point he set out in
his affidavit. and apparently to exactly
the opposite effect
Here is the sheriff's testimony on the
trial, signed by him and sent up in the
official record to the Supreme court:
George A. Burns: Il am sheriff and
arrested the defendant. He came to me
on the promise that l would protect
him. Mrs. West said that the man had
on long black coat, looked like a
preachers, that he was little stoop-
shouldered. She described his walk and
big white eyes and said he had a pistol
in his coat. The mud on the bonnet
corresponds with the mud / saw at the
place where the assault occurred. She
said she was caught from behind, saw
the black man who committed the deed,
l saw some traces on the ground of the
scuffle. S. c. Goodwin called my atten-
ton to the defendants walk, and he did
swagger a little. ] saw Mrs. West be-
fore bringing defendant before her for
identification, and cautioned her not to
make any mistake. She looked at him
a minute and said that he was the man.
The defendant looked up calling her by
name and said: My Lord l am not
the man.. When he looked, she saw
his eyes and said: Look at those big
white eyes,
Cross examination Mrs. West said
in her first conversation that she did
not know who it was, but
would know him if she saw him again.
When carried for identification he had
the long coat put upon him.
Also at the end of the record there is
this affidavit:
North Carolina-Cumberland county.
In Criminal Court, Dec. Term, 1900.
State VS.. Louis Council: Rape
George A Burns being duly sworn
says:
Il am sheriff of the county of Cum
berland, and was such when the alleg-
ed rape was committed and when the
defendant was apprehended. / had an
interview with the counsel for the de-
PENDANT before the trial and told them
in detail of the conversation had with
the prosecutriX as to the identity of the
defendant and l can testify to nothing
now that l did not communicate to
them with reference to such converse
ton. l was introduced as a witness for
the State on the trial of this case and
was cross examined by the counsel for
the defendant, and answered as best
could every question propounded to
me upon such cross-examination."
GEORGE A. BURNS.
How different is the following aft
davit which was on July Is, 1901, sent to
the Governor and on the strength of
which His Excellency respited Council
till August 18th:
North Carolina-Cumberland County:
State VS.. Louis Council.
q. A. Burns, sheriff of Cumberland
county, being duly sworn deposes and
says:
That short time before the arrest of
Louis Council for rape he went to see
Mrs. West the lady alleged to have
been outraged and had conversation
with her. That in said conversation he
asked Mrs. West if it was Louis Coun~
Gil who committed the rape; that she
replied that it was not; that if it had
been him she would have known him at
the time; that she was acquainted with
Louis Council.
GEORGE A. BURNS,
Sheriff Cumberland county.
Perhaps Sheriff Burns can reconcile
these different sworn statements, the