The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-25

cause for a removal.
The part of the opinion of the Supreme
Court referred to was simply injected as
a parting fling at the plaintiff in this case
Il would rather have the verdict of
twelve good men OF Granville county than
any opinion that Judge Montgomery
might write, declared Judge Graham.
Judge Allen said he understood that
Justice Montgomery was simply express
ing an opinion as to whether or not there
was evidence legal question and not
one Of facts.
Judge Graham said it was not so ar-
gued by counsel on the other side. They
considered it an expression of opinion on
fact.
Judge Winston said they preferred to
state their own grounds.
Judge Graham was then proceeding to
take up the only grounds for removal as
presented by the counsel on the other
SIDE, when Judge Allen said the only
question in his mind was if, no matter
how it had come to pass, or whether it
was for or against the plaintiff the peo-
pie of Granville county had formed an
opinion that it would be impossible to get
a jury of dis,nterested men.
Judge Graham declared that there was
no evidence of this save the affidavit of
one man, not supported by single other
affidavit.
He called attention to a former trial in
this county where man was being tried
for hi slifo and still the court refused
to remove the case. and he was tried.
"And hung" said Judge Winston.
YES, and he was my CLIENT said
Judge Graham
And I prosecuted him. said Judge
Winston.
The jury in the last trial, Judge Ora
ham explained had to be taken from peo-
pie around town, because most of the
people from the country had gone home,
owing to the lateness of the hour. That
was only so many had to bel rejected,
some eleven or fifteen out of sixty or
seventy.
IT was a tribute to the justice of his
cause and to the man himself, that in tho
former trials the plaintiff had been
awarded verdicts of $4,000 and $4,000,
and was by this people of the county
Judge Graham in this connection paid a
high tribute to his client
Major Graham said it was time that
the sole question was whether the case
should be removed or not. On that
question, His Honor could only look to
the affidavit. He was not supposed to
know a thing about the case The law
laid it down that causes should not be
removed save in cases of overshadowing
necessity. There was a time when it was
very common to remove cases from one
county to another, but the Legislature
had changed that.
1t was noticeable that Mr.. Duke had
not Joined in the affidavit of the defend
ant.
Judge Hohe, said Major Guthrie. had
certified in his report that the case had
been conducted properly. The counter
affidavit devised the conditions alleged,
and was not controverted.
The affidavit of the defendant was not
sufficient to show that the ends Of jus
tice could not be met.
Men change their opinions Mr.. Britt.
in his paper had said that he himself had
at first been against the plaintiff. but
after hearing the evidence he had changed
his mind.
Would not that make his opinion
stronger?" asked the Judge.
The others never heard the evidence.
it may not satisfy them" replied Major
Guthrie. ''They may not be convinced
by it,"
Judge Winston stated that were two
facts in their affidavit that had not been
ccntroverted by the counter affidavit One
Of the lawyers had recently been elected
governor. and men had said they would
not have voted for him if he had made
his speeches before his election that he
made in the trial
"He does not say that this is so"
said Judge Allen.
mo, but he says he Is Informed that
it is. replied Judge Winston.
Wed like to have the names" said
Judge Graham and Mr. Bggs.
'Ill write down one of them on
piece OF paper; we will give the names
privately, but would rather not do so in
open court" said Judge Winston.
"Why should Governor RusselI's name
be used in this case?" asked Judge Win
ston.
He continued then to speak further to
the affidavit Of defendant at some length
Then he dwclt upon the great inhu-
ence welded by Mr.. Britt who held the
only judicial position held by any gentle
man in the county. The fact that the
articles were largely clipped from other
papers gave them a doubly large circula-
ton.
"Why," Judge Winston declared cit
would take a man as brave as julius
Caesar to sit on this jury"
Further on he said: eff I were to go
beyond the question, ] could say that
DR.. Kilgo is as poor man as Mr.. Cat
tbs. The tax books do not show any
Continued on Page SIXTH
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