The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25

sa&xess
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been offended. The defence rather than
the prosecution had presented it's case
through the press and every material mat
ter of vindication had been fully and
fairly represented to the public.
In this matter also the defence enjoy
ed an advantage over the prosecution.
There was no ground for the sugges-
ton that the city press was under the
influence of the prosecution. If it was
open at all to influences of this character
it is far more reasonable to suppose that
it's utterances would have been colored
and shaped by the defence, since it can
not be doubted that the family influ-
ence of the defendant and the Influence
Of his nine local counsel far outweigh
any supposed influence of the deceased.
The comments of the press respecting
this case, to my mind, have been emin-
emily fair to the defendant, and the SEN
timent prevailing in this city and coun-
ty. as ] am informed, is but natural and
Just 1t will be denied by affidavit, il
the court requires, that public sentiment
is such as to endanger an absolutely fair
trial to the defendant
The continuance is urged as a matter
of right because of the absence of three
witnesses, two of whom are non-residents
of the State, and neither of whom have
been subpoenaed. The only one of these
witnesses who is a resident of the State,
and reasonably likely to be present at
subsequent trial, or whose testimony
is sufficiently set forth in the affidavit
to 70 n
particular, is Mr. Busbee. Mr.. Busbee
is also a witness for the State; -ds
rame is endorsed on the bill of indict
ment. The State has the statement OF
MIR. Busbee and desired his presence ct
this. trial. 1t was only yesterday after
noon that a subpoena was issued by the
defence for this witness, some days after
he had left the city. But it is respect
fully suggested that the testimony of Mr..
Busbee, as disclosed by the affidavit, can
be supplied by a number of other wit
aesses. The tragedy to be inquired of
was witnessed, in part by fifty or more
witnesses and nearly every one of these
can give evidence respecting the matters
about which Busbee is wished to testify.
AS TO he other absent witnesses, they
are beyond the jurisdiction of the court
and IL ell appearance at a later term
cannot e assured. Again, it did not
clearly appear that they were necessary
witnesses.
Then there were strong reasons for
speedy trial The alleged homicide was
one which attracted statewide notoriety;
the public attention was conferred upon
it, and in the inteest of public justice it
was required that there should be
sreedy trial.
In conclusion he desired to say that
he was gratified that counsel for the de-
fence had disclaimed any purpose to
charge counsel for the prosecution with
any part in the alleged attempt to ex-
cite a public sentiment against the ac-
oused. For himself he should neither
ask or wish any undue public sentiment;
he was willing to submit the case upon
the facts to an honest public.
COL. ARGO FOR CONTINUANCE.
Following the remarks of Senator Gil
liam, Col. T. Nj. Argo, of the defense,
spoke for continuance.
He said that while there might be
many reasons for speedy trial he had
failed to hear from the prosecution
that public justice demands it in this
case. What public justice demanded
seemed to be merely the opinion of the
Prosecuting counsel who seemed to take
the voice of outside clamor for that of
-ublic justice, and this cutlery was for
the blood of this defendant.
He claimed that it was the right of
he defendant to ask for a speedy trial,
not that of the State. He granted that
special courts had been called for eX-
traordinary cases, but said that there
was no such demand for a speedy trial
here, that to yield to such would be to
yield to an outside clamor, ignorant,
vicious and unjust.
AS to the counsel for the prosecution
saying there We're no legal grounds set
forth in the plea for a continuance, he
declared there were many.
At a future trial ne said that witnesses
now absent would be present and that
public sentiment at a later date would be
in a better condition for the fair and
impartial hearing of the defendants
case, which had been prejudiced by false
statements by personal enemies or by
those who desired to pervert the truth.
He also spoke of the rumors originating
from emissaries of the prosecution, who
ostensibly seeking witnesses We're really
trying to influence opinion and to secure
I conviction.
There was every reason for a continu-
ance, he urged. Part of the counsel had
been sick or were not now well-Day,
Pou, Ryan, Harriss and himself. The