The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25

next term.
1t was not to the discretion of the judge
that he appealed, but to the legal reasons
set forth and if the prosecution desired
TO do so it could file an affidavit opposing
the continuance.
During his remarks he referred to the
provisions of the English law, and to the
rights guaranteed by the Magma Charta,
showing that by these that it was the
defendant who should be heard as to tho
time of trial
SENATOR WODARD URGES TRIAL
Hon John E. Woodland, of counsel for
the prosecution. was next heard. Ad-
dressing the court he said:
May it Please the Court: The solicit
tor for the State and my associate. Mr..
Gillian, have so fully replied to the legal
grounds urged by the counsel who first
spoke in support of their motion for a
continuance that l had not deemed it nee
essary to add anything TO what they said.
But the counsel who last addressed the
court (Col. Argo), has appealed so earn
estly for a continuance, that / desire to
be further heard fir the prosecution, lest
my remaining silent should be construed
into an admission of the free of the ar
guments which he has so zealously urged
before this honorable court.
He has defantly challenged us to show
who is demanding that this trial do now
proceed. l answer, the States officer and
counsel who, with him, are prosecuting
this Indictment on behalf of the State
demand IN the interest of public justice
that this trial do now proceed. We de-
nand it as a vndication OF the law,
which was outraged by the shooting down
of an inoffensiye citizen upon the princi-
pal street of our capital city, in front
OF this open temple of justice in the
broad daylight
"They say they can not now safely go
to trial because of the prejudice against
the prisoner Can this be justly urged
as an excuse for delay? Are we respon
sible for public opinion? That the peo
Pile, not only in this county, but through
out the State should have been shocked
al such an occurrence was but natural.
and while we have done nothing to en-
courage the clamor against the prisoner,
of which his counsel now complain, the
people have a right to ask, can such
things happen, at such a time, and in
such a place without a prompt and full
investigation and not excite our special
wonder?
'Of the prisoner, as an individual, and
as 4 member of my profession, l have
rot one unkind word to say. But as an
attorney, am an officer of this court
with a high sense of my responsibility,
My duty in this case has been to me
very painful one. / am aware that it's
fbo
arrangement of pleasant relations and the
severing of friendships made in my
schoolboy days. But l would be false to
every sentiment of my nature if l did
not stand ready to denounce the crime
with which this prisoner now stands
charged. He is now in prison, entitled
to his discharge if innocent, and deserv-
ing punishment if guilty. We ask the
court to give him a trial. He says
that the prejudice against him is now too
strong, and that he has not had sufficient
time to prepare his defense.
THE prisoner was born and reared i'll
this county. His family bears a name
honored throughout the State. He is re-
ported a man Of large means, is lawyer,
who up to the time of the commission of
this crime, enjoyed large and lucra-
tive practice in this city, and he has
many friends and influential connections.
These ought to enable him to secure a
fair trial in Wake county Then he has
nine members of the Raleigh bar to rep
resent him. They are all lawyers of abil-
ity and influence, and nave had since the
21st day of February to prepare for this
trial.
"Of the counsel for the prosecution,
only Mr.. Strong has had the opportunity
since the commission Of this crime to as
certain the names of witnesses and to
obtain their statements, Mr.. Gillian, Mr..
Norris and / were occupied with our pub
lie duties until the adjournment of the
Legislature, and Mr.. Daniel was absent
in the performance of his duties as solici-
tor of the Second Judicial district And
yet, the counsel who has just addressed
the court, seriously urges as a reason
why this case should be continued that
there is public clamor against the pris-
oner in Wake county, and that his nine
have not had time to prepare his
case for trial
"Of the witnesses now absent, whom
they desire by continuing the case to have
here to testify, one Mr.. Busbee, is "A
for the State, and his name was
endorsed upon the bill of Indictment. The
others are non-residents, beyond the
jurisdiction OF this court, and We have
no reason to believe that their attend
ance can be enforced at the next term
of this court.
Something has been said as to the
conduct of Mr.. George McCullers, who
has been sent by the prosecution to pro-
cure the names and attendance of wit
ncsses, that counsel, who did not know
them might examine them before the
trial. Mr. McCullers is in court and is
ready, should the court permit him to be
heard, to file an affidavit denying specifi-
cally and in detail each and every allie
cation made by counsel or in the affidavit
of the prisoner which sets forth or
charges that he has done anything in
the -leasts improper. Reference has been
made in general terms, to the efforts of
somebody behind this prosecution to ere
ate public sentiment unfavorable to the
prisoner. They have honorably dis
claimed any intention to reflect upon
Mrs. SINNERS only brother,
Mr. John II Viuder is engaged in bust