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

cation. The aged ana lbHlAh ie'tifoA'
bowed with this double grief, as with
lettering steps, he is nearing his decline
asks that justice be done the memory
of his son. The young widow, in ner
sorrow and bereavement and her niue
son whom this prisoner has made an or
pnan are behind this prosecution, begging
that the hand of justice be not stayed IN
avenging the murder of this faithful hus-
band and father"
THE ARGUMENT CONTINUES.
When Mr. Woodland closed there was
some discussion as to the admissibillty
of the evidence of Mr.. Philip Busbee, II
the case was proceeded with, Judge
Justice asked if the State would admit
what the defense desired to prove by
this witness, but the prosecutor insisted
that they learn of what efforts had been
made to secure Mr.. Bushels attendance
When was the subpoena for him is
sued?" asked Mr.. Daniel.
THAT doesn't matter" said Colonel
Argo. He's in Richmond now, his home
is here. All the stuff about the subpoena
amounts to nothing"
where is it?' inquired Mr.. Woodard
Sheriff Page responded by saying
1T is in the hands of an officer
Lets have it," said Mr.. Gillian, and
in a few moments Sheriff Page said;
Here's the paper, gentlemen, handing
it to Solicitor Daniel.
THE CONTINUANCE ORDERED.
Judge Justice at this time said to the
prosecution that he would not put it in
the position of admitting the testimony
of witnesses. The dispositions of wit
nesses he agreed, might be taken after
the bill had been found. If the offence
had been committed a longer time before
the session of the court, he said, he
would not be inclined to grant con-
tinuance but as the law had its HANDS
on the prisoner there was no danger
whatever the sentiment might be This
being the case and the man in custody
he must answer at some term and the
matter could be heard just the same in
three months as at present.
Continuing, Judge Justice said that in
regard to any feeling in Wake county,
he had no criticism to make, and as for
the newspapers that likely they had pub
lished that which was fair to both sides.
There appeared to have been considera-
BILE excitement, but it was on the ground
OF the absence Of witnesses that he was
inclined to grant the continuance until
the next term when it seemed possible
that not alone the defence, but the State
might be even more prepared than now.
He then reqested the solicitor to prepare
an order for the continuance till the
July term.
Finally, after much consultation it
was agreed that on Monday July 18th,
the case be called and a special venire
be drawn at that time and that the case
be set for trial on Thursday, July 10th.
This gave from Monday till Thursday
to secure a jury. 81 can't get the jury in
two days" said Sheriff Page but Solicit
tor Daniel said he would provide plenty
of assistance and set the jurymen sum-
moned.
Judge Justice then had recorded the
order:
THE ORDER.
1.-THE prisoner still being at the bar
of the court, upon affidavit of the de-
PENDANT, it is ordered by the court that
this case be continued until the July term
of this court, 1903, and by consent of the
counsel for the State and the counsel
for the defendant this case is set to he
called on Monday of the first week Of
the said term, and that it stand for trial
on Thursday of the first week of the said
term"
These proceedings having been cor
cluded Mr. Haywood returned to the Jail
with Deputy Sheriff Separk and after
the crowd dispersed the court resumed
other business in the short time before
and the fire of argument by
counsel for and against continuance was
a sharp shooting contest. The prosecu-
ton urged with vehemence that the case
be tried this term, while the defense was
no less vigorous for a continuance.
Through it all the man most deeply
sat and listened intently, his
lips sealed. AS counsel for or against
him would speak he would turn. in their
direction, look and listen with deep in
tentness. Not once was there a flush
on his pale cheeks.
And when it was all over, when tn
crowd had gazed at him as he arose, he
walked with alert step surrounded by his |
brothers, to the door leading across the
bridge to the Jail, and following Deputy
Separk he passed beyond the court house /
portals to await the day when again his
fate will be in question in the Hall of
Justice
The most troublesome factors In rails |