The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1903-05-21
Raleigh Post. 10Th.

ion Varying With Public Sentiment.
Raleigh Post. 10Th.
Chief Justice Walter Clark and the
four Associate Justices OF the Su
preme Court FLASHED squarely in their
opinion in the Eale case made public
last evening. The Chief Justice stood
alone in his dissent from the other
wise unanimous court. and viewed
with unfeioned alarm" the cOnse-
quences of his brother Justices Judi
cial course, intimating that such pre-
cedents were at least partly respOn
sibe for the growth Of lynching in
the Old North State.
Justice COnnor, for the court, ad-
minstered a dignifed but spirited re-
ply to the insistence that the Supreme
Court should be governed in its opin-
ions by other than the law OF the
land, and declared the opinions OF
the court should not fluctuate ac-
cording to public opinion.
Joe Cole, ST., the negro who killed
Capt Fred Stevers OH the SeabOard
Air Line passenger train near Hen
! dersOn last summer, has been brought
to the penitentiary. He was first
sentenced to hang, but the Supreme
Court granted n new trial. The
courts opinion was not made public
| here Monday, but was sent to Hen
ders ~ Court was in session there,
ard Cole submitted to murder in the
! second degree, which the solicitor
agreed to accept, and Judge Brown
sentenced him to thirty years i'm
prisOnment.
Last evening the courts opinion
| Has given out, and it disclosed a SELL
| sational clash in opinion between
| Chief Justice Clark and the other
| members OF the court. Justice Con-
nor writes the court's opinion grant
| ing Cole new trial because of the
charge to the jury, which did not
give the accused the benefit of lack
OF generalization There was no evil
dence that Cole premeditatcd muir
der.
Chief Justice Clark alone dissents
| in an opinion of nearly five thousand
words. He refers to the prevalence of
lynchings, quotes from the Attorney
Generals report that for the past
| fourteen years more men have been
executed by mobs III North Carolina
| than by legal procedure; alludes to
the Governor S message on lynchings,
| cites he action OF a cOrOners Jury in
eulogizing lynchers, and speaks Of
| troops having been called out to
guard Cole.
Tie Chief Justice says: Nv hen pub
| lie confidence is restored in certainty
of the execution of law in this partic-
uIar, lynchings will cease Hespeaks
of increase of crime in North Caro-
lima, and "views with unfeigned alarm
the growing disposition TO take cases
from the jury, both civil and crimi-
nal, on the ground of not sufficient
| evidence.
In a trial for any capital offense
the mode of trial prescribed by the
Legislature itself renders II convic-
ton for murder in the first degree
almost an impossibility in this State
ii the prisoner is able to retain able
and skilled counsel
| Chief Justice Clark declares that it
is useless to denounce lynchings
where men believe that in no other
way can crime be suppressed. He
uses various cases as illustrations
and says: Enough has been done
for those who murder. 1t is time the
courts were doing something for
| those who do not wish to be muir
| Iered'
| Justice Conner. after reviewing all
evidence, fully replies to the Chief
Justices lone dissent, and says in
concluding:
The very remarkable suggestion
is made. and seriousl v insisted upon,
that it is our duty in the decision OF
this case to consult criminal Stats
ties, newspaper reports of lynchings
and threats thereof, that we may be
the better enabled to know and de-
clare what the law is by doing so.
Just how or by what mental process
this court is to be enlightened in this
way we are not very clearly advised. "
Justice Connor then describes the
real province Of the court and adds:
| Wv hen we 90 'Outside Of the record
to decide causes We invite counsel to
| address to us arguments fit for other
forums than this, and ourselves en-
bark on unknown and unsafe waters.
| The law, instead OF being a fixed
| rule OF action for the guidance of
| the citizen and prOtt ttion OF his life,
liberty and property, becomes the ex-
preston OF the opinion of men set in
high judicial position, varying ac-
cording to the drift of public senti-
ment or temporary condition. This
is not the example or teaching of the
Elders. We will not do the people of
this State the injustice to believe
that they desire their Judges to con-
strue the law otherwise than it is
written by themselves, or to hasten
any man, however degraded or hum
BILE, to his death in accordance with
| arguments drawn from other resources
than the law OF the land -