The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-19
THREE YEARS ON
THE COUNTY ROADS
Sentence Imposed on C. C.
Mcdonald Yesterday.
APPEALS FROM JUDGMENT
Judge WOmack's Moving Plea in Behalf Of M
McD,nald's Famiy---Bond Fixed at
$400---Jssse NunnaIIy
Acquitted,

NNquitACua
Charles c. Mcdonald was sentenced yes
terday by Judge PEBBLES to three years
on the roads of Wake county.
Appeal was at once taken to the Su-
preme Court. and the appeal bond was
fixed at $25.OO Bond for Mr.. McDonald's
re e-appearance in court was given in the
amount OF $4OO.
So Mr.. Mcdonald is once more under
bend, this time until the Supreme Court
hands down an opinion in his case next
fall. Appeals from this district, the
Sixth, will be called in the Supreme Court
during the week beginning October 9Th.
1t was about one O'Clock yesterday when
Solicitor Armistead Jones entered prayer
for judgment in the Mcdonald case
Immediately Judge T. B. Womack and
MIR. r. N. Simms, of counsel for defend
ant, asked Judge PEBBLES to continue the
prayer for judgment until the Supreme
Court should decide whether or not the
pollcyholders must lose their insurance,
which Is the question at issue in the civil
suits now in the hands of referee.
This request was made for the reason
as the attorneys explained, that if the
Supreme Court should hold that the in
surance was not forfeited, the policyhold-
ers would have lost nothing, because Mr.
Mcdonald had already repaid them the
amount OF premiums or assessments coll
lected by him, and the fact that no one
had been damaged should be taken into
consideration by the Judge in passing SEN
tence upon the defendant. 1t was an ap-
peal to the Judges discretion in the mat
ter.
1t was urged also that all of the policy
holders had consented to the prayer, ex-
cept few
But Judge PEBBLES finally said that al
though full reparation had been made,
there was still crime against society.
that a public offense had been committed,
and the guilty man was going Scot free.
The court regarded it as one OF the worst
cases OF larceny, and except for the fact
that reparation had been made. the SEN
tence would be ten years. He saw no
reason whatever why judgment should be
delayed, and he had made up his mind to
pass sentence at once
Judge Womack then made a powerful
and moving plea for light sentence. He
spoke OF the defendants previous excellent
character and unspotted life of integrity
during all the years of his residence in
Raleigh, since he was a young man. If he
chose, he said, he could call up at ran
dom man after man from the court room
and all over the city, and not one would
say aught against his character up to this
time. For man Of that kind, reared as
he had been and accustomed to live as
he had always lived one day in jail
meant more than years to a criminal who
only suffered by the loss of his liberty, and
not in the depreciation and disgrace of i'm
prisonment or labor on the roads.
Then he came to speak o. the defend
ants family, his invalid wife and six
children, and how they would suffer by the
punishment of this man, their sole de-
pendence. Judge Womack said that he
even had reason to believe that it had
been to minister to the needs of his af-
ficted wife that Mr.. Mcdonald had been
tempted to use money that was not his.
AS Judge Womack went on it could be
seen that he was deeply moved himself.
In fact it was with difficulty that he could
artlculate his words. And he was not the
only one moved. Several in the room were
seen to furtively dry tear.
Judge Womack continued and told how
from her sick bed for years Mrs. McDon-
old had minstered to the needs of the
suffering poor of this city, not in money.
but by loving deeds of kindness, and the
of practical work to be done.
Judge PEBBLES said afterwards that it
was with great difficulty that he kept
back his own tears as Judge Womaek
entirely unable to speak
further
But the Judge was on the bench and he
had a public duty to perform.
THE punishment the defendants wife |
and children will receive said he, ''af- |
fects me more than that he will bear He
it. No man hates to punish |
more than l do, but that plea |
could be brought up in nearly all criminal !
cases. The innocent nearly always suffer |
with the guilty; but if these reasons were
rule, the administration Of justice would |
be farce. In this case / feel it my duty
10 discharge a debt to the public. / have
taken off five years because he made
and now | take off two years,
more on account Of his wife and children
The defendant is sentenced to three years
On the roads of Wake county"
Judge Womack for defendant then APP
pealed from the judgment waving no
ice. The ond for his appearance at the
term Of court for trial on the
,ther two indictments was fixed at $400,
ind the appeal bond at $1,000.