The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-17
No Decision as to COntin-
uance.
Continued From First Page.)

these defendants, that Geo. H. Brown be-
fore whom writ of habeas corpus was
sued out by these defendants was criti-
clsed very severely by the Wilson news
papers on account of his action allowing
these defendants to give bail for their APP
pearance at the next term Of the court.
The defendants call the attention of the
court to the fact that a special term of
the court was called by the Governor of
the SAID State upon the request of the
county commissioners to try these defend
ants, when an inspection of the dockets
OF the court will show there is no such
accumulation of business as to render said
term necessary, and the defendants call
attention to the fact that at the last
term of he court during which week the
homicide was committed the criminal
docket was tried and cleared within two
days, and these defendants are Of the
opinion that the commissioners were in
duced to ask that a special term be held.
because of the excited state of the public
mind and prejudice against these defend
ants and aroused by the newspapers as
aforesaid, that copies of the said news
papers are herewith presented to the court
and asked to be heard, said articles being
VIZ
ken before the coroners inquest has been
widely circulated throughout the county
and has been widely read by the people,
that large portion of said evidence was
incompetent as atlantis are advised and
believe and the reading thereof by the
public has greatly prejudiced these de-
PENDANTS, that the defendants are ad-
vised and believe, that at the hearing be-
fore the coroner all classes of evidence,
hearsay and otherwise, were taken and
heard IN public, that a great mass of
the hearsay evidence has not been verified
so taken and some of it has been subse-
quently denied, and that the same having
been widely published and read through
out the county has prejudiced these de-
PENDANTS in the minds of the people, that
public sentiment has been so aroused
against these defendants thai as they
are advised and believe, attorneys who
have been understood TO appear for these
defendants have been severely criticised
and have been publicly approached upon
the streets of the town by leading citi-
zens of the city and county who have
expressed their disapproval and surprise
that any attorney should appear for these
parties these defendants say further that
they are of the opinion that if this case is
continued until the next regular term
OF the court and the newspapers viii
desist from their heretofore vile and I'M
just attacks upon these defendants that
the public mind will by this time (the.
holding of the next regular term) be-
come Invested of the violent prejudice
row existing therein.
That the defendants prefer to be tried
in Wilson county, because on account OF
their poverty removal to another coun-
ty will be very burdensome. They pre-
fer that the case be tried in Wilson al
the next regular term provided by law
and that the people of this county shall
pass upon their life and death, where
fore these defendants protesting their in
nocence of the crime for which they
stand indicted, respectfully pray the court
that this case be continued until the next
regular term of this court.
(Signed) w. Fl. RICH.
l. MORGAN.
w. P. GROOM,
= GILL WARD,
]. T. BASS,
w. w. BARNES,
GEO. w WHITLEY
]. T. PITTMAN.
w H. Rich L. Morgan, w. p Groom,
Gill Ward, J. T. Bass, w w. Barnes. Geo.
w. Whitley, j. T. Plttman each being
duly sworn deposes and says that the
foregoing affidavit is true Of their own
knowledge except to the matters and
things therein alleged upon information
and belief and as to those they believe
them to be true. And w. p. Groom and
w. H. Rich further depose that the
things therein expressly sworn to by each
are true to their own knowledge.
Sworn to and subscribed before me
June 10th, 1908.
]. d. BARDIN, C. S. c.
After reading the affidavit Mr.. Woodland
then took UP the files of the Daily News
and Daily Times from which he read ar
ticles tending to show that the public
sentiment in Wilson county is such that
the defendants cannot get fair and I'M
partial trial at this term of court. 1t was
argued that an account OF the state OF
public sentiment caused by these articles
it would not be fair to have trial at
this time. Comments from other papers
were read and filed with the affidavits.
M Elm ID NH. y. L. w O0A1~AiNA~'
After Mr. S. A. Woodland finished the
reading of paper articles Mr.. Jno. E.
woodard arose to address the court He
went over the crime from its beginning. He
argued that before the mayors hearing
was completed and before the coroner's
inquest had completed its sitting the grand
Jury brought in true bal OF murder
against al those under indictment. This,
too. in face Of the fact that only SIX were
found guilty by the coroner's jury. lie
went into the newspaper articles and
showed that from the time of the lndlct-
ment by the grand jury these men had
been referred to as murderers. Mr.. Wood
ard stated further that his legal engage
ments had been such that he had not had
time in which to prepare for the defense
of his clients He said further that the
court was called at time when the Gov
ernor must have 4-nown that legal en-
gagements would be conflicting.
Mr.. Woodland stated that the court had
been called not because there had been
an accumulation of criminal cases, but on
the request OF the solicitor and county
nNN1np H. L.