The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-14
The Haywood Case
CONTINUED from Sixth Page.)

.vnrassions of apprehension and apparent
aarm that for the<court to allow the de-
PENDANT bail, or even to pass upon his
claim to enlargement would be usurpa,
ton of the functions of a jury and mo-
mentously dangerous. Is it dangerous for
the truth to be made manifest and justice
to be done? Is it dangerous to allow an
innocent man hearing that he may have
speedy redress In part, at least, until he
can be exculpated by jury of his coun-
try? Is it dangerous to obliterate and eff
face from the public mind the false and
unjust impressions which falsehood and
SANDER have made upon it, and thus to
mould public opinion in the matrix of
truth and right and Justice? Dangerous to
whom! Where and how dangerous!
We have heard no specification or
Decentralization. Nothing but sonorous
assertion, unless the assertion that these
things would be dangerous invasion of the
right of the jury, be a specification In
this particular the gentlemen and the law
differ
Dangerous invasion of the rights of
the jury" The law doesn't say So The
law says, section 1914 of The Code
THE Court, or judge before whom the
party is brought on a writ of habeas
corpus, shall, Immediately after the re-
turn thereof examine the fact contained in
such return, and into the cause of the
confinement or restraint of such party,
whether the same shall have been upon
commitment for any criminal or supposed
criminal matter or not: and if the issue
be taken upon the material facts IN the
return, or other facts are alleged to show
that the Imprisonment or detention is IL
legal, or that the party imprisoned Is en-
titled to his discharge, the court or judge
shall proceed in a summary way, to hear
the allegation and proofs on both sides,
and to do what to justice shall appertain
in delivering, bailing or remanding such
party.
That defines your Honors' powers and
your Honors' duties. OF course you are
the triers of the facts You are the
triers of the facts to the extent of ascer-
tanning whether the Incarceration under
the circumstances is just and right and
lawful. And further. whether the deten-
ton of the prisoner in custody is unlawful
untIl final determination of the cause
can be had. Thus far your Honors have
power to go. Thus far your Honors will
so, and no further will your Honors go.
''Trespassing upon the right of jury
trial." That might have been said of
every habeas corpus proceeding ever insti-
tuted since the enactment of the law.
Then they say that we asked for a con
tinuance at the March term. and for that
reason you should deny the privilege of
this great writ. Because the defendant
was not ready for trial: because he had
been just about week and half or two
weeks before bill was found. because he
was not ready for trial at the term at
which the bill was returned, you should
refuse his enlargement from Jail, notwith-
standing he might be entitled to it on
other grounds. That is strange reason
for depriving man of his personal Iiber-
ty. 1t would have been butchery to have
tried the defendant at that time That
was the time at which public opinion was
moulded in the firmest and most anita
gonistic shape against the defendant. The
people viii do the right if they know
the right They were acting then upon
the statements that were made immediate
ly after the occurrence, and their judg-
ments were determined by the character
of the statements they had heard made
Time has given opportunity. thank God
to disabuse the public mind of those i'm
pressions which they received and which
they honestly entertained, no doubt just
after this occurrence and at the time this
bill was found The defendant had a
right to demand of the court that under
the condition then existing of the public
mind, his cause should be continued until
the passions of the excitement of the peo-
PIE should abate and their minds assumed
that normal condition in which they
could come to rational and reasonable con-
clusions The court said that was SO, and
the court continued the case and gave
his attorneys time to prepare the case
and get his evidence. He was put in jail
at the very happening of the occurrence.
He was detained there till bill was found.
He had only limited time to confer with
counsel, prepare his defense, and ascer-
tain what evidence he might produce; be
cause all these things were unexpected.
It was done at time when he was I'M
aware, unsuspecting of trouble, and so he
had not noticed who was in the streets,
but he knew there must have been a
good many people there, but he did not
know who they were. He wanted time to
say that because he stood up and said to
the court: Upon these grounds l ask
your Honor to postpone the consideration
of my case in order that justice and right
nav be DONE" because that after consid-
ering the matter the court said: THAT is
right; they now say we are not entitled
to enlargement under the facts and the
law in the case; because we protested
against the great disadvantage under
which we would be put at that time; be
cause we said to the court: ct is not
just and fair not to give us time to pre-
pare our defense; because the court
awarded US that right, they now say we
should not be enlarged. 1t is only ne
eessary to state this grounds to refute any
assertion of its validity for the purpose
for which it is made.
Now we come to the law. The next
ground is that your Honors have no right
to grant us this enlargement. The gen1e
men representing the prosecution seem to
subscribe to the reasoning and the conclu
sion at which my brother Gillian has ar
rived IN his argument Ny opinion il