The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-28
Friday Afternoons Session.

Mr. Jno. Il. Woodland closed the argument
for the defense He said in part:
Gentlemen come before you to de-
liver the last message of these defendants
to you. They look to you confidently.
Counsel from a distance have been
case. / can rely on them to try this case
according to the law. Why have this able
counsel been employed to come here and
prosecute your people? 1t is because some
people have been so aroused that they
lost some of their reason and
a victim is demanded These men
take these defendants because they think
they are fit for the slaughter. But gen
tlemen, they have a right to appeal to you
as the last tribunal for their vindication.
You are here to try these men, not on
what might have been said about these
men, but from the evidence taken in this
case, and / would speak in their behalf,
though hell itself demanded me to hold
my peace, and l come to you believing
that you will render your verdict accord
ing to the evidence and the law. They
tell you that Wilson should be purged.
Wilson, has a solicitor, whose duty it is to
do away with bawdy houses, gambling
houses, ETC., when operated in opposition
to the law Do not take victim who has
nothing to do with these things. The
State fails to find motive We find it in
the dispensary fight here. They find a
motive among those who were against
them in this fight The bitterness growing
out of this fight demanded victim. The
weakness of the State has been the lack
OF motive for this crime. We are not
trying these men for their position in the
dispensary fight, whether they have played
poker or not, but for the crime for which
they stand charged These men should be
tried not on sentiment but according to the
evidence as you have it from the witnesses
and from the law which you have from
the court The State asks you to convict
these men on circumstantial evidence
Remember gentlemen, that you shall con
slider such evidence only according to the
strength of the weakest link in this chain
Divest your minds of all prejudice and
then consider the strength of this weak
est link. What have you then? They
bring before you such circumstances that
Piver said Jones ought to be run out of
town, when it has been brought out here
that Jones has been bedding and eating
with negro women. Do you wonder that
any good man would say that he ought to
be run out of town? Would you consider
that strong link in a chain of circum-
stances showing the existence of con-
spiracy?
Another link is the fact that some one
saw Gill Ward coming from up town on
the most public street in town on the
night of the killing. Would a man come
from the place where ae had committed
murder on a public tghway. when he
could have gone on street where there
was no light? Do you cali 6his trong
link? Is there enough evidence here to
satisfy you beyond reason bic doubt that
these men are guilty?
Your authority, gentlemen 81 the jury,
is higher than the solicitor. higher than
any ones. You are here to fer your
verdict according to he esq 5Guee The
origin of the jury had bgu acu strug-
Cling vassals were tryiSs a gef SUI ice at
the hands of those Over hU It. 5 your
duty to protect, not punish bat 70 render
your verdict according to ie et .dence
They claim that there IS a conspiracy.
Have they shown you am avidence of a
conspiracy except the drunken mutterings
of Geo. Whitley? Would you hang men
on such evidence as thtsg Another one of
their links is the motive for this crime
At first the State claims that revenge on
Whitley's part furnished Ehis motive
Then they say Jones was dispensary
agent, and that Morgan wanted to get him
out of town. Is there any streng Ia III this
evidence?
Another link in the chain is that there
was hat found in the sanitarium with
l.. Morgan in it. When the evidence is
that Allen went there with his hat on and
it was left there 1t has further been
shown that Morgan gave Allen this hat
three weeks before. Would you convict
Morgan on such evidence as this? Do
you see anything in this circumstance?
When you consider Mayor Herring's
testimony you see nothing but some bull
lets. w. c.. Mayo comes before you and
says the bullets found in Richs possession
are those most commonly sold The bull
lets found in Jones room and his body are
of the same class These bullets in evil
dence are sold by the thousand. Would
you then convict men on such circum-
stances as these? / can then see why the
State, realizing the weakness of their case,
were forced to get evidence elsewhere.
They had entirely failed to show the mo-
tive for the killing of Jones and realized
that something must be done to add
strength to their case, hence the confess
sion of Bill Barnes.
These men demand a victim Are
/ you, sworn jurors, going to give these
men a victim on such evidence as these !?
| am sure that you will not. Because
these men were guilty Of some moral de-
linquincies is no reason for saying that
they arc guilty of the killing of Percy
Jones when all OF them have told YOU
that they hardly knew the man, and
some of them not at all. You are not
| trying these men for their morals but
| for the killing of Percy Jones. Do you
wonder then that the States counsel
were forced to put Bill Barnes on the
stand? Twas sad spectacle and no
punishment you may infiict on these de-
PENDANTS can measure up to what Barnes
has brought upon himself. He has brand
ed himself for all time with brand of
perjury. When his testimony is put in
contrast with these defendants it shows
/ Ill. has H.. 4