The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-15
r. =. SIaRb Ch.
Winston, N. c., Sept 10, 1901.
LETTER TO COLLECTOR HARKINs

Winston, N. c., Sept. 4, 1901.
HI. S. Harkins, Esq, Asheville, N. c.:
Dear Sir: l deem it my duty to re-
spond to your letter inquiring for my
views as to the guilt on innocence of H.
F. Jones.
1t is my opinion that the verdict OF
guilty was amply warranted by the evf-
dence and cannot be justly criticised. But
the defendants demeanor upon the re-
turn of the verdict and his conduct in
relation to a certain offer of compromise
proposed before the trial impressed me
as not characteristic of a man conscious
Of guilt. This together with certain in
formation which | will later refer to and
together with the reflection, as it ap-
peared to me, that the act of the defen-
dant in swearing in writing that the
duplicate claim had been destroyed and
not paid when (f guilty. he must have
known it was on file as a paid claim in
the office of the Clerk of the Board of
Commissioners was so hazardous as to
be almost incredibly foolish, caused me
to have great doubt of his guilt
These matters and views | stated to
counsel for the prosecution for the de-
Tense and further stated that l would
not upon these matters outside of the
evidence set aside verdict which was
justified by the evidence as whole, but
that under the circumstances | could
not impose the sentence | would if salts
fed of guilt and that | would impose the
minimum judgment of four months i'm
prisonment and fine of penny and the
costs.
1t was afterwards agreed by the solicit
tor the counsel for the prosecutors, the
Commissioners of Allegheny county and
The defense that the verdict should be set
aside by consent and a mol pros. entered
/, upon the defendant saving the county
| harmless by payment of costs and counsel
| fees aggregating about three hundred dol
| lars This course was approved by me
and carried out
While in Alleghs ny county the fol-
| lowing week, for my own satisfaction, !
made inquiry along the line disclosed by
| the information received in Wilkes and
before alluded to. The result was to
| convince me that during a period cover
| ing the time in question, the condition
of Mr.. Jones was such as to make the
view of the absence of fraudulent OF
corrupt intent consistent with the evil
1
| when taken in connection with the fact
as | had always believed it to be after
hearing the evidence, that for period Of
five or six years. and up to the time OF
the comparison of the claim with the stub
book. he had been under the impression
| that the original claim had been lost
| doubtless you know it was the Original
and not the duplicate which he compared
with the stub and Immediately after tore
up; and the perjury charged consisted in
his swearing that it was a duplicate he
had destroyed on that occasion without
having been paid the same.)
Upon consideration of this and the
other matters referred to, / now believe
that he did not have a corrupt intent
/ suppose you did not expect me t
set out the evidence and the argument!
that could be made for and against The
defendant. You can, If desired, obtair
a copy of my notes from the Clerk
While not full they are sufficient to give
an intelligent comprehension of the case
/ have referred to matters of evidenc,
and my views thereon only so far al