The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-09

nave been edmiIted to bail by Judge !
&Rrown in the sum of $1,000 each--4
4Only Two, Plver and Barnes haYex
Iglven bond +
wilson, n. c., June 3.-Judge Brown
has rendered his decision in the case Of
J. b. Piyer, W. II, Rich, Gilbert Ward,
John Allen, w. w. Barnes and George
whitley. who were indicted for the muir
der of Percy Jones on the night of May
18th. aud who were granted a hearing
ON application for a writ of habeas cor
rus. The prisoners are admitted to bail
in the sum of $4,000 each. The decision
follows.
state VS.. J. B. Piver, w. H. Rich, Gilbert
Ward, John Allen, w. W. Barnes, Geo.
whitley.
The above named prisoners were
brought before me in obedience to a writ
of habcas corpus at wilson and applied
for bail. They stand indicted for the
murder of one Percy Jones and there
are five others included in the bill With
them. These last were admitted to pall
al the May tttm Oh. lISOn court, iOuI
OF them being acquitted by the coroner's
jury. there being but little, if any, evi-
donce duplicating either of them. The
SIN prisoners above named now ask FOR
bail upon two grounds: First, because
there is not sufficient evidence to warrant
the finding of a bill for any offence sec
end, because in any view of the evidence
the crime at most is murder in the sec
Cr1 1nrroo which iS not oonito1 ond iS N
tai!able offence as a matter Of right.
The right OF a judge to bail a prisoner
in all cases, without exception is de-
cIared by the supreme court in State VS..
Herndon, 1O7 N. c., 934. Whether the
Judge should admit to bail in cases where
the bill of Indictment charges a capital
felony is left to his conscience in the
exercise of a sound discretion, after hear
ing the evidence. 1t is contrary to the
very genius Of our free institutions to
punish before conviction. Therefore, bail
Is favored by the law where it can safely
be allowed.
At the hearing all the states witnesses
were fully examined orally. The prison
ers offered no testimony but rested Their
case solely upon the evidence offered III
behalf of the State.
- ~ " "A RAS ~ tit~
deceased was In his room about mid
night of May 18th. A number of persons
broke in his room and deceased fired a
shot gun at them first. In the shooting
which followed the deceased was klieu,
by whom does not appear.
An important and unbiased listener to
all the evidence offered for the State must
| think conclude that the purpose of the
persons who broke IN the room of the de-
ceased was not to Kill, but to whip Jones
and drive him from the town. TIL pre-
medltated purpose to murder, which
might be inferred from the breaking IT
and the circumstances of the killing, is
rcbuttcd by the States own evidence. IN
uroduced on this hearing.
The evidence showed clearly upon the
part OF the persons assalllng Jones a
conspiracy and purpose to do an unlawful
act, IN which death ensued. Prior to the
act OF Legislature of 1898 this was muir
der. Since that act a great change has
been made IN the law, whether for the
better or for the worse is not for the
courts to say. The people make the laws
the courts execute them.
Since act 1893 a conspiracy and pun
pose to do an unlawful act (but not tC
MID IN the execution of which deat}
ehSues. Is murder in the second degree
and ls so plainly declared by tho supreme
court IN state Tvs. Thomas, 118 p. 1122
winch Is binding on me. Having care
tuIly gone over all the evidence, ! an
forced to conclude that the persons whC
hIohe III Jones room were not acting II
pursuance OF premeditated purpose t.
Ike his life, but only to whip him or dc
MN bodily harm. This constitutes muir
'ei ih the second degree as declared b.