The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-16

a,arm that for the court 10 allow the Dc
PENDANT bail. or even to pass upon hHS
claim TO enlargement would DC 4 u~urra-
tlon OF the functions 81 a jury and mo-
mentously dangerous j. IL dangerous for
the truth to be made manifest and jusslcc
to be donc2 i II dangerous, to allow an
innocent man a hearing that he may have
speedy redress IN part, n least. until he
can bc oxculpated 10y a Jury OF III. couu-
itry2 l. It dangerous 10 oblIteratc and q
face from the public mind the false and
unjust impressions which ial~chood AMI
Islander have made upon II. and thus t.
mould public opinion ia the matrlx 81
truth and right and Justice Dangerous -
whom. Where and how dangerous.
We have heard no specification or
Iparticu'arization. Nothing hut sonorou-
assertion, unless the assertion that these
things would &c dangerous invasion Of the
fright OF the jury. be a specification In
this particular the gentlemen and the law
differ.
Dangerous invasion Of the rights o.,
the jury The law doesn't say -. The
law says, section 1911 OF The Code.
The Court, or judge before whom the
party Is brought on a wrt Of habcas
corpus, shall. Immediately after the re-
turn thereof. examine the fact contained IN
such return and into the cause al the
confinement or restraint of such party.
whether the same shall have been upon
commitment Tor any criminal or supposed
criminal matter or not. and II the issue
be taken upon the material facts in the
return, or other facts are alleged to show
that the imprisonment or detention i II
legal, or that the party imprisoned j. en-
TITLED to his discharge, the court or judge
shall proceed III a summary way, to hear
the allegation and proofs on both sides.
and to do what To justice shall appcrtain
IN delivering, bailing or demanding such
party
That defines Your Honora' powers and
your Honors' duties. OF couroe YOU arc
the trlers Of the facts. You are the
trlcrs OF the facts To the extent OF ascer-
tanning whether the Incarceration under
the circumstances Is just and night and
lawful. And further. whether the deten-
ton of the prisoner IN custody Is unlawful
untI a final determination of the cause
can be had. Thu far your Honors have
power 10 go. Thus far your Honors viii
so, and no further VIII your Honors 90.
"Trespassing upon the right of jury
trial. That might have been said Of
every habeas corpus proceeding ever insti-
tutcd since the enactment of the law.
Then they say that we asked for a con-
tlnuancc at the March term. and for that
reason you should deny the privilege Of
this great writ. Because the defendant
was not ready for trial. because he had
been just about 4 week and a half or two
weeks before bill was found. because he
was not ready for trial at the term at
Which the bill was returned, you should
refuse his enlargement from jail, notwith-
standing he might be entitled to it on
other grounds. That is a strange reason
for depriving a man of his personal llber-
ty. It would have been butchery to have
tried the defendant at that time. That
was the time at which public opinion was
moulded in the firmcst and most anita
Sonistic shape against the defendant. The
people will do the right if they know
the right. They were acting then upon
the statements that were made immediate
ly after the occurrence, and their judg-
lments were determined by the character
of the statements they had heard made.
Time has given opportunity, thank God,
to disabus the public mind of those inn
pressions which they received and which
they honestly entertained, no doubt, just
after this occurrence and at the time this
bill was found. The defendant had a
right to demand of the court that, under
the condition then existing Of the public
mind, his cause should be continued until
the passions of the excitement Of the pco-
pc should abate, and their minds assumed
that normal condition IN which they
could come to rational and reasonable CON
illusions. The court said that was SO, and
the court continued the case and gave
his attorneys time to prepare the case
and get his evidence. He was put in jail
at the very happening of the occurrence.
He was detained there till bill was found
He had only a limited time to confer with
counsel. prepare his defense, and asccr-
tain what evidence he might produce; be
cause al these things were unexpected.
1t was done at a time when he was un-
aware, unsuspccting of trouble, and 50 he
had not noticed who was in the streets,
but he knew there must have been a
good many people there, but he did not
know who they were. He wanted time to
iprepare his case, and yet these gentlemen
say that because he stood up and said to
the court: Upon these grounds | ask
your Honor to postpone the consideration
Of my case in. order that justice and right
may be DONE because that after consid-
ering the matter the court said: That IS
right; they now say we are not entitled
to enlargement under the facts and the
law in the case; because we protested
Iagainst the great disadvantage under
which we would be put at that time; be
cause we said to the court: ct is not
Just and fair not to give US time to pre-
pare our Defense; because the court
awarded Us that right, they now say we
, should not be enlarged. 1t is only ne
/. ccssary to state this grounds to refute any
assertion Of its validity for the purpose
for which it is made.
: Now we come to the law. The next
]. ground Is that your HOnors have no right
/ to grant US this enlargement. The Gente
} men representing the prosecution seem tc
t subscribe to the reasoning and the conclu
sion at which my brother Gillian has ar
/ rived IN his argument. My OPINION i
that brother Gillian ought to be elected a
: prominent member or an officer OF some
antiquarian society. AS a declpherer ol
i'pgal h~ierOglVphicS he Is uneXceIlcd. Blu