The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-28
Thus Thinks Those Who Hear
Judge Womack
GOLD BRICK CASE AGAIN
Questions BY -Four of The Supreme Court
Judges Indicate That They Do Not
Think the Matter 0ns for
That Courts Oicsion.
That Courts 0icision.
Especial to News and observer)

Especial to News and Observer
Washington, D. c., Oct. 27.-The gold
brick case" (Howard VS.. State of North
Carolina), which was on the docket Of the
United States Supreme Court for hearing
last Thursday, was not reached until to
day. 1t was argued for the appellants by
Leslie A. Gilmore, and by Mr.. Blair, of
Chicago, and for the State by Judge T. B.
Womack, of Raleigh
During the argument of Mr.. Blair one
OK counsel for appellants questions were
asked by at least four of the nine judges
that seemed to indicate they d.u not
think there was any Federal question in
yolyed and that hence the case ought not
to be here.
The first was by Justice Holmes: do
l understand you to argue that il this
court thinks the State courts erred in
some particular in this case, that eonsti-
tutes an infraction of the Fourteenth
Amendment?''
IL they did not have equal protection
of the law replied Mr.. Blair
Later Justice White asked: "The State
OF North Carolina says this is an indict
able offense; do you claim that because
you do not think it is indctable the
Fourteenth Amendment has been viola
ted
There is no law In that State" said
Mr.. Blair.
But the highest court in the State
says so; do you want us to set aside
State court and substitute this court -
Mr.. Blair said he thought he had made
his position plain.
Later as Mr.. Blair was arguing the IN
justice of giving Howard and Hawley ten
years and Daley seven, Justice Peckham
inquired II he considered that a Federal
question.
why should one be given more SEN
tence than another?"
There might be thousand reasons
for it, quietly rejoined Justice Peck
ham.
While Judge Womack was presenting
the side of the State he remarked that
the sentence OF ten years imposed on
Howard and Hawley was only that pre-
scribed by law whereupon Justice Day
asked:
''Was that statute in existence at the
time these men We're sentenced"
1T was" replied Judge Womack, and
he read it, closing his argument.
Judge Womack's speech. though short,
was to the point and conclusive. He
completely answered every contention al
vanced by counsel on the otler side.
and those who heard it remarked that
there was no possibility of the court re-
versing the decision of the lower court.
as there was not the shadow OF a Fed.
eral question involved anG it is the prsc-
tice of the United States Supreme Court
not to interfere with States ruling on
its internal police.
The appellants in this case are: j. l..
Howard, alias Frank Thompson. A.
L. Daley, alias Gomez Bono, both of ILL
nois, and H. d. Hawley, of
New York. They were tried at the June
term (190D of Guilford Superior Court
on the charge of conspiracy to
defraud Paul Garrett, liquor merchant
at Weldon, N c., by means Of what is
commonly known as the gold brick
game They were convicted and Howard
and Hawley were sentenced to ten years
in the penitentiary and Daley to seven.
But Daley has since been pardoned by the
Governor and hence Howard and Hawley
are the parties really at interest in the
caes.
ing sentence and from which they are try
ing TO escape by this appeal is one of an
unusual sort in North Carolina, and
though the story of it was printed at the
time of the trial, it will bear repetition
here, as it reads like a chapter from &
dime novel of the 'Deadwood Dick va
rietY.
The facts. briefly stated. are that How
ard appeared in Garrett's place of business
at Weldon, clad in the garb of Il miner
and affecting ignorance of letters and o!
ordinary affairs He told Garrett that ne
had once, in Arizona. a partner named An
drew Garrett, who. some years before, had
left him and gone east and there died. An
drew had a brother. Peter. and he sup
posed p. Garrett (PauD might be that
brother. Then he added that before Peter
left him, they had agreed if either made
strike" the other should share in it;
that Howard had found a rich mine III
Arizona, in which an Indian (Bono) had
an interest: that they had mined 1T IN a
rough way and had taken out certain bars
OF bullion, worth about $S6.00o. The In
dian. ne added, had these at camp near
Greensboro, and they intended going cast
to sell the gold at the mint; TO perfect
their mining claim and to buy machinery
Incidentally Howard had stopped over In
the hope OF finding tho brother OF his old
fr1end aud partner, whom they wished to
engage with them to aid in executing the
above objects and also to keep their ac-
counts, neither Howard nor the Indian be
ing capable of SO doing After some nego
ttations Howard agreed with Garrett to
engage him in this preliminary work al