The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-27

| the court house, and it was publicly as
serted upon the streets that the defend.
ant ought to be hanged and that if the
jury failed to convict him he would be
killed. 1t was so public and open that
the newspapers did not hesitate OF ex-
press it and the people in Elizabeth
City and the surrounding section did not
hesitate to talk it publicly and without
fear. The sentiment was so strong
against the defendant that anyone who
would take his part an dsay anything in
his behalf would be threatened with be-
mig boycotted, and it went so high that
some of the jury were threatened that il
they did not vote to convict they would
not be patroniZed in their business, and
threats were made against the jury if
they failed to convict These threats
were not made secretly, but openly and
frequently and talked on the streets and
in public places in and around Elizabeth
City. This continued until there was a
plan laid on the part of those who were
making these threats to show to the court
and the jury their purpose and determi.
nation, and they adopted the plan that
when the counsel for the defendant was
making the closing speech they would
show their purpose by leaving the court
couse thereby to discomfort the counsel
and influence the jury. This was not
only among many of the men, but sons
of the women participated in this, ana
went around to the neighbors' houses and
asked them to go to the court house,
and when the counsel for the defendant
should begin to speak that they should
leave the room. The closing speech for
the prosecution was made Thursday
morning and closed at noon; the counsel
for the defendant addressed the jury in
the afternoon. A number of women, pur-
suant to the above arrangement, went to
the court house, also number of men
by agreement and when the counsel for
the defendant had been speaking but
few minutes some one or two hundred
men and women, with w. H. Cropsey,
left the court house in noisy manner,
so much so that His Honor asked the
counsel to cease his argument until the
people who were going out had gone and
the room was quiet. At the time they
commenced going out the room was pack
ed with people and after quiet was re-
stored the counsel proceeded with his
argument for about half an hour, when,
people who left the court house, a false
alarm of fire was sent out and the court
house bell was rung. The engine house
is adjoining the court house and the
horses were rushed out in noisy man
ner, which was done for the purpose of
drawing off the attention of the jury
from the argument and to discomfort the
counsel and to influence the jury against
the defendant and show the sentiment
in regard to him. That the above was
planned and executed for the purpose of
influencing the jury and preventing the
defendant from having fair and impair
tial trial. That the purpose of these acts
was not known to His Honor at the time.
That during the trial on various occas-
ions the crowd sought to show their
feeling by applause when anything oc-
Cured against the defendant.
That the speech of ]. Haywood Saw
yer, one of the counsel for the prosecu-
ton, was very bitter against the defend
ant and was applauded by the people in
the court house, although the applause
was promptly checked by His Honoh,
who threatened to remove the crowd
from the room if it occurred again. The
closing speech for the prosecution by the
Solicitor was calculated to force the
Jury to convict the defendant, whether
the evidence proved him guilty or not.
by making the statement that the people
had been lenient and had protected the
defendant waiting for the jury to say
that he should be punished, and that
they had waited patiently up to now and
had shown great forbearance by so do
ing, all of which, with the bitter feeling
against the defendant, did influence the
Judy, as this affidavit believes, unfairly
and unjustly to return the verdict which
they gave in the case. That the court
charged the jury on Friday, and while
the Jury was celebrating during Friday
evening and Saturday plan was per-
fected to kill the defendant should the
Jury fail to convict. The affiant received
notice of this plan and the names of sew
eral parties who were aiding in it.
number of people were connected with
it and on Saturday night they had their
headquarters near the Jail and any one
who passed along the street going up
that way, unless he was known to be
connected with them, was stopped and
asked what he was doing up there and
called a spy.
That they had an organization and had
runners, who kept the judge, solicitor,
the Jury and the counsel for the defend
ant Swallowed, and their movements were
reported to those near the JAIL That they
declared unless the verdict was rendered
before twelve o'clock Saturday night
they would kill the defendant. That on
Saturday about midday the jury asked
for further instructions from the court,
which his Honor gave at which time the
feeling and excitement were intense and
crowds went running to the court house
as soon as it was reported that the jury
had asked for further instructions.
That the jury could be seen from the
windows of their room and there were
those who watched to see how they
voted. The result of their ballots was
thrown from the windows and was re-
ported to the organization. That the
feeling manifested during the trial is in
describable and had very damaging
effect upon the trial of the case ana
this affiant believes caused an unjust
and unfair trial, and had it not been for
this bitter feeling the defendant would
have been acquitted. The unfairness was
ir1c