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

11E ECO4NOn1O1 NIoANb.
The Elizabeth City Economist yesterday
had the following:
yesterdays News and Observer, il
giving a short history of the case and
speaking of the trial here, said:
1.-THE feeling was so hot against
him that during this trial the spec
tators made such a demonstration
that the Supreme court on appea.
gave him a new trial. When Mr..
Aydlett arose to speak for the defense
the spectators arose almost en- masse
and quilted the court room. The fire
bell was rung, and guns discharged
on the outside Of the court house.
1.-THE News and Observer has been mis-
informed. Every one attending the tria.
knows this IS not correct.
tsThere were probably twenty-five OF
thirty out of four or five hundred people
who left the court room when Mr.. Ayd
lett arose to make hsi speech, and one OF
these hot headed fellows turned in the
fire alarm, which was all condemned gen
orally by the people here. AS the firing
of guns the News and Observer Is very
much mistaken, as no one here ever heal
of such a thing before. There was not 6
gun fired and no demonstration enough fol
the jury on the case take any notice, Il:
they have said since"
There was no firing of guns but the Su
preme court granted a new trial because
of the demonstration, as the following
from the decision of Justice Montgomery
shows.
I'm reading the record in this case, ii
hardly seems possible that the jury could
have given that cautious and vigilant at
| tqntlnn to tho oyi1npcn which tho low
required of them, or to the presentation
of the prisoners case to them by his
counsel that thought, which the impor
lance Of the case demanded. In then
immediate presence, one hundred people IL
their deliberate purpose to prejudice the
rights Of the prisoner committed a great
wrong against the commonwealth and 3
contempt OF the court. On the outside OF
the court house, greater ~lmproprleties
took place for the purpose of prejudicine
the prisoner with the jury. No such dem
onstratlOns were ever witnessed in oul
State before, and for the honor of the
commonwealth, such ought never to be re
peated."
In the statement of the case by his
honor, he said: After the evi
dence was all in. and while on.
Of the counsel was making the
closing argument for the prisoner. about
one hundred people, being about a fourth
of those present in the court room. as i
by concert left the room. Soon thereaf-
ter while the same counsel was address
ing the jury, a fire alarm was given near
the court house. which caused a mum
Der OF other persons to leave the court
room. The court is of the opinion and Sc
finds the fact. that these demonstration
were made tor the purpose OF breaking the
force of the counsel's argument The
disorderly proceedings assumed such pro
portions as to warrant inns court in de.
claring that the trial was not conducted
according to the law of the land. The pro
prlety OF overruling is strengthened by tn
circumstances that contempt proceeding
we're not commenced against those offend
ing, and that no motion was made to Sc
aside the verdict and for a new tria
alter such unheard-of demonstrations
The counsel for the prisoner in his argu
ment here. In response to a question
stated that If the verdict had been Sc
aside, the prisoner would have met a VIC
lent death on the instant.
The courts must stand TO
civilization, for the proper administra
ton OF the law in orderly proceedings.
Quoting from Judge Clark's concurrin.
opinion: THE judge having found as
fact that the demonstrations. within an
without the court room, were made 70
the purpose of breaking the force of tn
counsefs argument the magnitude an,
nature of those demonstrations were sucl
as to require a now trial"
The opinion in this case was the sourc
OF the information. in the connection witt
the press reports from Elizabeth Cit
when the demonstrations were made, 70
the reporter who wrote the Wilcox articl
this week.