The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-17
THE NEWS OBSERVER AOENING 1908.

and that it is not justice to
use their own taxes in employing counsel
to prosecute them.
Judge Shaw stated to the court that only
two courses would be used in determining
the courts decision. One was whether the
defendants had had time to employ coun-
sci, and the other was the condition of the
public mind. His Honor requested that
further argument he confined to these two
points. Hon. f. S. Spruill then arose to
address, the court He requested that Mr.
Woodland read the code If the employment
of counsel by the county commissioners
was thought illegal He said a moment
ago the good town of Wilson awoke to
learn that horrible crime had been COM
mitted. This took place over a moment
ago. and that the laws of North Carolina
at once took up the case and bill of in
dictment was drawn at once. Mr.. Spruill
asked who among the number had no
counsel. to which Mr.. S. A. Woodland re-
piled that Messrs. Barnes. Whitley and
Groom had not been able to arrange for
the fees. Mr.. Spruill showed to the court
that all the defendants had been repre-
scented up to this time and that the law
says they are now represented by coun-
sell He argued further that the defend
ants had notice thirty days ago that they
would he placed on trial for this crime.
The defendants, he argued. had been in
touch with lawyers in every stage of the
case. Mr. Spruill said further that the
affidavit does not show why they are not
ready for trial Only two witnesses,
Messrs. Cooper and Owens are not in
reach of the court The affidavit does not
state that these men are in the reach of
the court. and that they would be here
at the next term Of court.
BY MIR. F. S. SPRUILL.
What is the use of haste in this case?
Mr. Spruill said that Wilson people want
this matter settled. IF these men are not
guilty, then let an effort be made to lay
hands on the guilty parties. He said fur
Their that public sentiment is not down on
these defendants. but that it wants the
slayers of j. Percy Jones punished. Pub
lie sentiment demands a thorough inves-
tigation of the killing of Jones' and not
the conviction of any innocent man. Mr..
Spruill argued that the newspaper articles
express the opinion of one man. No aft
davits have been brought showing that
the general public sentiment is infiamed.
BY SOLICITOR DANIELS. -
Solicitor Daniels then arose to address
the court. He said the State of North
Carolina does not want to try these de
PENDANTS before an inflamed public senti-
ment. He argued that public sentiment
wanted trial because it was right. He
argued that through all the newspaper
articles strain of justice was evident.
speedy justice and not injustice is what
is demanded. There is no desire ON the
part of any one to do any injustice but
justice.
BY MP. POU.
Mr. Pou of the defendants counsel, was
the next to address the court. He said
that one month ago the defense was mott
fed that these men would be tried for
their lives at the September term Of court
He, said further that there was no record
where man out on bal, had ever been
tried at special term of court These
defendants gave bail to appear at the Sep
tember term of court. They had made
to meet the issue at this
term Of court. He argued that public
sentiment was not in condition to give
these defendants fair and impartial trial
He also stated that the counsel for the
defense has not had time to prepare for
trial.
sr BY MR.. UZZELL.
Mr. Uzzell, for the State. then address
ed .the court. He took the idea of the
right of trial. He argued that public sen
timent is not infameu over ,.as affair. but
that it demands that these men have
trial Let these men be tried and let
North Carolina know that Wilson county
does respect law. There is no desire on
the part of the State to convict innocent
men, but public sentiment demands a trial
TAR and impartial.
BY MR.. f. A. WOODARD.
Hon. F. A. Woodland. for the defense.
was the next to address the court He
said the purpose of the defense is not to
shun trial but it is their desire to have
sufficient time in which to prepare their
case. He argued that it is not justice to
have these men tried now. because of the
errors of previous courts III Wilson coun-
ty. The only reason the defense wants
is because counse. does not
believe there has been sufficient time in
which to prepare their case.
JOHN SHAW'S WORDS.
After considering the affidavit and ar
gument His Honor said he saw no reason
whV theSa dafepdaptS co1Ild not hovo !,
fair and impartial trial. He said it APP
peared from the affidavit that all the law
yers had been engaged in the case His
Honor said he was not satisfied that the
defendants counsel had made diligent eff
fort to get the case ready for trial. He
said further that it was generally known
chat the Governors object in calling this