The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-03
Characterization of the functions and the
majesty of the law.
SOLICITOR DANIEL.

HdJSsCy Ol IHe dW.
SOLICITOR DANIEL.
Solicitor Daniel then arose. with twenty
minutes OF the time left to him. He said
there was little for him to say after what
he considered the perfect argument of
the case, that of Mr.. Gillian. He re-
gretted that counsel on the other side had
not cited their authorities.
Mr.. Daniel controverted the position of
Mr.. Pou that, as soon as evidence was
introduced, the prosecution of guilt dis
appeared. That would make the judges
trlers OF the facts, and surely that was
not the rule.
If there is any witness whose testimony
makes it murder in the first degree, bail
should not be allowed. otherwise the
judges would be put in the position of
saying that this witness lied and the other
told the truth, and so on. If there is any
evidence by which a jury might be justi-
fed hereafter in finding a verdict of
murder in the first degree, the judges
cannot allow bail That is the rule.
AS to the evidence of the petitioners,
there were four principal witnesses. A
lot of other evidence was introduced, he
would not say for theatrical reasons, but
According to Mr.. Simms himself, the
main witness to bolster up whose char
acter the dignitaries of church and State
were called up to testify, it is a case
of murder in the second degree.
AS to Mr.. Schmitz and Mr. Hocutt, they
were off near the Citizens Bank, and
Mr.. Hocutt told different story to Mr..
King
Even Ned Barnes told a different story
| to Rogers, whose character the defense
themselves had proved What he said to
Rogers would make it murder in the sec
ond degree. So according to all the main
evidence for the petitioners themselves,
it was murder in the second degree. Ac-
cording to the evidence for the State, ii
is murder in the first degree
| Then Mr.. Daniel took up the evidence
of the witnesses for the prosecution, and
the attempts to ridicule and disprove it.
But all that could not shake it, and it
was not for the judges to say whether
Mr.. Gwaltney or Mr.. Hinton he'd
The testimony of Mr. Murray alone
would hold this man to the charge against
him. Shall we come before a jury on
| July 10th and ask for a verdict of murder
in the first degree after two Justices OF
the Supreme Court had said there was
no evidence of it?
COL ARGO CLOSES.
Col. Argo followed Mr. Daniel He be-
gan by saying that he had listened with
the greatest interest to the speeches for
the State, and he must say that in ali the
thirty years of his experience before the
courts he had never yet heard more tri-
vial reasons given for the refusal of bail.
With a mans liberty at stake they come
here and say that in six weeks there viii
be a court, and in a matter of expedi-
ency he shall be kept sweltering in jail
with lyermin and rats and niggers, even
though by the evidence he is not guilty.
In the case of mans life the court
knows no expediency.
The love of the Anglo-Saxon for liberty
had originated the enactment OF this law
for the writ of habeas corpus. No ques-
tion of expediency will deter their honors
from granting this right, if it is deserved.
! The State was not taken by surprise.
On May 18th the writ was asked. They
have had all this opportunity to prepare
their evidence.
| Then they have had recourse to the un-
mould public opinion, and Mr.. Gillian
went so far as to say that it was a pros
| titution of the sacred right of habeas
corpus. 1t is intended to offset the pub
lie denunciation OF the prisoner as an
assassin and murderer, who shot a man
twice in the back, after lying in wait for
him.
OF course the judges must be triers of
I 4 f.c -
or not TO show that he is entitled to his
right.
/ Then defendant had a right to ask a
continuance until public passion and pre-
judice aroused at 1he moment had had
/ time to subside. He was bound to have
more time on account of being in Jail
and not being able TO see his counsel fire.
quently. Some of his witnesses could not
be obtained. With all these reasons, the
! court granted that continuance, and yet
counsel for the State use that as
reason why bail should not be given.
! Coming to the question of law, Col
Argo said that his brother Gillian ought
to be President of some leading anti
quarian society. He had shown wonder
| full zeal in tracing up rules established
by precedents that have been oyerruled
from forty to one hundred and fifty years
ago.
! Judges Of the Superior Court and JUS
tices of the Supreme Court have the right
/ to give bail in all cases, and Col. Argo
quoted Judge Clark as authority Every
one knew, he said that Judge Clark was
strict adherent to the rules of criminal
procedure. But he was lover of liberty,
| too
The discretion of the court was dwelt
upon, to determine upon the whole evil
dence whether or not the prisoner was
entitled to bail. That discretion is legal
discretion, and win be controlled by the
right of the prisoner to bail.
Col. Argo wondered if his brother Gil
liam knew that practically all of the
cases he cited had been overruled The
case Of Aaron Burr had been overruled
4 by the case of Jefferson Davis. The cases
cited had been folded up and filed away
among the curios and ancient specimens
of the past.
Col. Argo mentioned that yesterday
morning word had come that the Wilson
men had been bailed, and the name OF