The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-24

is through you alone that men can II
presented for crime, and the charge o
the judge delivered at the opening o
court is of value to you and to the by
ISLANDERS in giving information of crimes
and their punishment
He impressed upon the grand jury that
they were to hold the balances of justice
fairly. and that the trial by jury had been
found to be the best method of obtain
ing Justice. No one could be Influenced
against a grand jury because of its YER
diets, but the man who would be able to
influence a single mamber of that body,
would have a contempt for the jury Fc
urged them to seek to see the law up
held and not to regard themselves rs
informers, nor be led into indictments
because of envy. hatred or malice, or to
! withhold these because of friendship or
affection. Even should ii be necessary to
present a brother this should be done.
Go straight forward and return those
! things which you deem should be re-
turned in bills of indictment.
| The criminal law is to protect society
and its punishment is to aid by example
| Four offences in North Carolina are
punishable by death Human life taken
with malice and elaboration, this being
murder in the first degree the burning
| of a place used as a dwelling in the
night time, known as arson; burglary.
the breaking into a hOuse-in the night
time with felonous intent, this applying
where any apartment is used as sleep
ing apartment, and rape, because the
tendency is to destroy the party attacked.
This latter, he held, should be so because
the virtue of women is at stake. and it
is to protect this that the punishment
of death is made certain in this crime.
Judge Justice condemned lynchng
bees, by saying that oft-tmes the very
men who led in lynching parties would
be put on grand or criminal iuries TO
take the law in ones own hand, he de-
clared, was vain. The calling out of
military to protect rapists, he declared.
was civilization, protecting civilization
against itself If men could control
themselves he believed that none of this
w2uld happen. Rape is punishable with
deah in North Carolina, and it ought to
be so, he declared with emphasis.
Many felonies there. are that are pm
ishable by imprisonment, larceny being
one and perjury another, this after be-
ing revealed by the cross examination
made by a discreet and skillful lawyer;
forging the name of another, embezzle-
ment and other felonies were referred to
Then the judge told the jury of mis-
demeanors, such as the disturbing of
religious worship, condoned and forgiven
oftimes by the preacher and church off
GERS, but to be noticed by the grand
jury, no matter what be the creed of tie
people afflicted for people are given the
freedom of religion in this country.
In closing Judge Justice explained the
method by which, the grand Jury fxeJ
its bills and return these to the court
as we'll as the duty incumbent on them
in the examination of public buildings
court house, Jail and county home. Upon
this latter, which he said was the only
charity of a county, he dwelt at some
length and urged that attention be given
to it, Something that they can eat. no
simply something that they can swallow.
was his terse expression relating to the
food needed, and he spoke also of the
other comforts of life due these depend
ents upon the charity of the county
Having closed his charge the grand
jury were placed in charge of their Off
GERS and left for the grand jury room
While the body was absent there was
other court business attended to, eases
continued and some submissions
SOLICITOR JONES RETIRES.
Before the return of the grand jury,
and while the attorneys for both prose-
cution and defence in the Haywood
Skinner case We're in court Solicitor
Armistead Jones, addressing the court,
explained that he wished to make a
statement and said:
May it Please Your Honor: This is
the first case, in my experience as Solici
tor of this Judicial District, that | have
felt it was improper for me to prosecute
for the State l feel the great response
blity upon me in making this statement |
and | have assumed that responsibility |
from what | believed to be a conscientl- |
Gus discharge of duty. My wife is a |
relative of the defendant, and Dr. E. |
Burke Haywood, the father and DR. /
Hubert Haywood, the brother of the de- |
PENDANT have been my family physicians |
Tor quarter of century. Besides the |
most intimate and personal and business
relations have existed for many years |
between the defendant and myself in tho |
practise of the law, as the records OF |
this court will attest In view of these
facts | do not feel, in Justice to myself
that | could properly represent the
State in this case. And | ask. if it |
pieases Your Honor, that 1 may retire |
from the prosecution of the case. and |
that some other and more competent
member of the bar be requested by Your
Honor to represent the State in this
case"
At the close of these remarks which
Mr.. Jones read he stated that having
had a conversation with Judge BRYAN. he |
had written to Mr.. Walter E. Daniel CT
Weldon, solicitor fthe Second District
asking him If he would act as solicitor
He had received his consent and suggest
ed him as suitable lawyer for the no.
stion, being already of counsel for the
prosecution.
Solicitor Jones said that he had drawn
the formal bill of indictment to go to
the grand jury, and it was agreed after
Senator John f. Woodland, Of the prose-
cution had said that the appointment OF
Mr. Daniel and the procedure we're salts
factory TO the defense, that this should
be sent In, and that after ii was re-
turned and Mr. HAYWOOD ,,yor