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

in "the dull cold ear OF death" Thou
vast thyself the aggressor and deservedst
th- fate"
We ask Your Honors to hold the pris-
oner TO answer TO this bill 81 indictment
Tor murder to the end that he may have
Ia full and fair and impartial hearing be
fore 4 properly constituted tribunal to
determine hi~ guilt or innocence that. IN
his case. the prophecy OF King Lear may
not be fulfilled:
Through tattered clothes, small vices DO
appear,
Robes and furred gowns hide all
Plate sin with gold
and the strong lance Of justice hurtless
breaks.
Arm it with rags. and a pigmy's straw
doth piece it."
COL. ARGO FOR PETITIONER.
If Your Honor Pleases:
| have listened attentively to the argu-
ments OF the gentlemen who represent the
state, and especially hen they articulate-
~ set forth the grounds upon which they
resist our application for bail. and / am
free to say TO your Honors, that in a Sc
rlous matter such as the pending proceed
ing Is, | have never in my life, IN all my
experiences of more than thirty years
practice before courts. heard reasons or
grounds so trivial, and unwarranted as
signed as a basis Tor their resistance, so
beside the question that is presented to
your honors for determination IN order to a
correct solution of the main question pre-
scented, as have been announced by the
gentlemen who have made speeches for the
prosecution in this ease, In a case IN which
tie liberty OF q citizen Is concerned, a cltl-
zen OF no ordinary standing IN the com
munlty-yct the petitioners rank would
not weigh with your Honors. of course,
because, as Cicero said in the defense Of
Milo The laws arc made for the inferior
as well as the superior" But where TIE
liberty Of a citizen Is concerned. where he
comes before two judges Of the supreme
tribunal of the State, and insists that
under the law as applied to the facts il.
TINS case the deprivation Of his personal
power of loc0motion. the restraint of his
liberty Is unlawful, and asks you to in
qulre into it calmly. gravely, freely upon
facts adduced from the mouths of re-
sponsiblc witnesses. in accordance with the
express and positive provisions Of our
law, and to apply the law as YOU shall
find it, not only in our State, but in other
enlightened tribunals Of the American
Union. They come into this court and
say, and assign as a reason why this man
should not obtain his liberty IN accordance
with the demand of the law and of tho
provisions of the act of habeas corpus.
that we are to have a court in six weeks
and he can swelter in a rats den amone
negroes and common criminals In order tc
await the action of a petty jury. A mo
ment's detention, sirs, to a free American
citizen is a torture, it is a punishment that
cannot be inflicted without a degradation
that he viii feel to his dying day, no mat
ter how long he may live. Incarcerated
behind brick walls and in an IRON cell
among the vermin and rats and negroes
vet they say that as q matter OF eXpe-
diencv your Honors should still keep hin
from beng allowed his freedom. 'Expe
diency. The law knows no eXpcdiency
except as to trifiing questions of property
SO far as the right of the citizen OF the
state is cOncerned; so far as his rlght>
which concern his personal liberty and the
freedom of his individual person and his
life are involved. the law knows no X
pcdiency. He is to be detained for sly
Hong weeks in a hot cell simply because II
is not expedient to turn him out now
That is one of the reasons that they as
sign. I'VE will have a court pretty soon
they say. "a jury viii be e~mpannelled.'
they say. ''Thcy can pass upon The
charge" they say. Because the granc
jury has brought i'll a true bill against
the defendant where he was not awarded
a hearing to show how the matter was
The wisdom of our ancestors and the love
of the Anglo saxon, the Gcrmanic races
for personal liberty won for us centuries
auo tho h, hplS aoi"OlfS act under WhJci
we arc now proceeding. Whatever be The
cause of arrest Whatsoever be the charge
proceeding from a source high or low, al
individual or association of individuals
under our law the accused person can APP
peal to a judicial officer learned in the
law to find the facts and say whether he
shall be degraded by further imprison
''ment. No question of cxpediency VIII de
ter the court in passing upon that qucs
ton.
This writ was issued the 18th day O
May. The gentlemen were notified OF It
Thev were given from the 18th day o
May to the 21st to prepare their case anc
produce their proof and say whether VIZ
were entitled to nave Mr.. Haywood re
leased on bail. Immediately they busted
themselves. Your Honors continued The
case until the 2Sth on account of necessary
engagements which called your Honors
attention. SO they had from the 18th Y
the 2Sth to produce their evidence, tt
marshal their forces and to show to you
Ronors, if they could show 1t, that w
iare not entitled to the enlargement Whlcl
we claim. They were not taken by sur
prise. They nave had every o~pportunlt!
as to time, as to power, to produce ever!
particle of evidence that exists against tn
defendant. and no doubt they have dom
1t, and yet, they say that this dcfendan
should lie in jai!, after he has acted thu
literally in giving them ample time, NOR
than two months longer, because 1t Is IN
cxpcdient to give him bail. 1T may al
feet public opinion" they say. Brothe
attorneys went 50 fdr as TO assert that tn
invocation OF this writ was a prostitution
of the writ and that it was intended t
mould opinion adversely to the State. !
is intended to mould public oplnlon, bu
upon the testimony of witnesses WhoI
they cannot assault. 1t Is intended to dis
abuse public opinion OF that unjust IN
preston that has been made upon 1T b
+bo opop,ioc Of this defendant when tho