The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-10-19
The Case of the Tutens

LIE Ease OF LIE uLenS
To the Editor:--In your issue of Octo-
Der 18th, 1902 appears a statement in ref
erence TO the case of Alexander Tuten.
1t confuses several district cases and
persons. In February, of this year, John
Cation was murdered. Public opinion in
the section of the county where the
crime was committed attributed his death
to his informing upon persons engaged in
Illicit distilling He had just returned
from New Bern where he appeared as a
witness in the Federal court in a case
against one David Gainor, charged with
selling liquor without license.
Several persons were suspected of the
murder of Cation. Upon the finding of
the coroner's jury Stephen Tuten, the
uncle of Alexander Tuten, was committed
10 jail, charged with the murder. At the
following term Of the Superior court a
bill was sent to the grand jury charging
stephen Tuten with the murder. There
was not sufficient evidence upon which to
find a true bill. After the grand jury
had Ignored the bill for murder, a bin
charging Stephen Tuten with selling liq-
uor without license was found a true bill
Tuten gave bond for his appearance at
the next term of the Superior court. He
was then tried and convicted for this Of
Tense. Upon appeal to the Supreme court
new trial was granted. This case is
still pending.
reward of five hundred dollars was
offered, part by the State and part
by the county of Beaufort, for the ar
rest and conviction of the murderer or
l1urderers of Cation. white man was
then arrested and was discharged for
lack of evidence. Afterwards two negroes
were arrested without any evidence
against them. They were without coun-
sci and were kept under arrest for three
or four days at Idalia, in this county
and were repeatedly interrogated, both
under oath as well as off the stand, with
view to elicit information connecting
the two Tutens with the murder To all
inquiries and pressure they denied any
knowledge of any connection on the part
of the Tutens with the crime. On Sun
day night, while they were under guard
at Idalia, a crowd of twenty or thirty
men, armed with pistols and guns, and
masked. took one of the NEGROES srom
his guards and bandaged his eyes. He
was then carried from the school house
where he was confined to the woods and
after threats and intimidation, still pro-
testing and denying any knowledge that
the Tutens were in any way connected
with the crime, he was hung to a tree
with his hands tied behind him. He was
then let down. Afterwards the other ne
gro was taken out to the woods with his
eyes also bandagcd. Whether he was
subjected to the same treatment admits
of doubt. The next morning these ne
groes, still themselves charged with the
murder of Cation, were put upon the
stand and made statements tending to
incriminate Stephen and Alexander Tu-
ten. The warrants against the negroes
was then dismissed. Upon their state
ments warrants were issued against
Alexander and Stephen Tuten. While
the negroes were on the stand they did
not utter a word as to the treatment
they had received the night before.
Alexander Tuten was committed to Jail.
One of the negroes was also committed
as a States witness. Having received
Of the threats and torture to
which the negroes were subjected, / saw
the negro confined in JAIL in the presence
of the sheriff and register of deeds and
he confirmed the reports l had heard
trct In the Supreme Court, in the
presence of the sheriff and another
party. l took a detailed statement from
this negro giving an account of his
treatment by the crowd of masked men.
This statement was taken for the pur-
pose of submitting it to the Governor
ard the Board of Commissioners of this
to the end that the reward might
be withdrawn, or the dangerous form in
which it was offered modified. The
Governor was absent while / was in Raj
eigh and the affidavit, sworn to before
the clerk of this county, was not pre-
scented to him. The board of commits
on account of opposition in the
beard, did not see fit to withdraw the
reward. Afterwards other negroes
were arrested upon trumpedup charges
and efforts were made to have them i'm
plicate the Tutens.
At the present term of the court all
the witnesses for the State were in at
tendance with numerous witnesses for
the prisoner. Alexander Tuten. Among
the witnesses were theNthree guards from
whom the negroes were taken. The
not considering the evidence
sufficient to warrant the sending Oh
bill entered a mol pros in the case
l dislike to write to newspaper about
cases in which l appear, but the account
published is so incorrect that | desire 10
make this statement
Respectfully,
CHAS r WARREN.