The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25
IN STRANGE COMPANY
Presbyterian Sermon in Su-
preme Court Record.
Appeal in Barrett MI der Case from Moore or
Ground That a Sermon influenced
the Jury.

me Julls
There was sermon in the Supreme
court yesterday and a Presbyterian
sermon at that. too.
This fact does not argue that ser
mon was needed in those august precincts
by any means, but there it was.
1t was no doubt the first time that a
sermon of any denomination had been in
the Supreme Court; but 1t made itself at
home and now lies IN the record of the
case without anything to mark its unus-
ual presence save the scriptural text
The case is the appeal of the defendant
in the state against Walter Barrett, col
ored from Moore, for the murder of his
wife's stepfather last August,
During the trial in Carthage the jury
was permitted to attend the Presbyterian
church, and there heard Rev j. X. Rob-
orts preach the sermon that has caused
all the trouble.
According to the record of the case be-
fore the Supreme Court recess was
taken on Saturday afternoon during the
trial in Moore county until Monday, and
the court asked counsel for State and de-
PENDANT il there would be any objection
to the jury being carried to church on
Sunday. Counsel OH both sides consent
ed The court then addressed the jury
asking which church they desired to at
tend, stating that he wished to eommun-
icate with the minister and request him
to say nothing that would tend to in
fiuence them. Mr. Fl. f. Seawell, for the
defendant, thereupon stated that services
- - E, TDaaa l.xyto nj oh
only, and that it would not be necessary
to caution the pastor of that church.
The jury in custody of an officer, at
tended church, and the sermon was upon
this text Deut. 22:S: When thou build
est new house, then thou shalt make
battlement for thy roof, that thou bring
not blood upon thy house, If any man fall
from thence"
The theme was Mans natural rights
In society" and the preacher compared
some OF the modern customs Of legal trial
with those of the Hebrews. These are
the lessons he drew from the text:
Il We learn from our text that in the
first place, society rests upon mutual obli-
cations faithfully discharged by the in
divldual Had not man been social be-
ing there would never have been law.
Law is the regulation of the natural
rights of the ira'-,idual in society and the
protection Of them against infringement.
But there are men who look upon law as
tyranny. Many foreigners are surprised
TO find law in the United States and eX-
claim: Is this not a land of liberty?"
Yes, but liberty is not license. Some men
argue Il am . free man and can do as l
please Yes, you are a free man and
can do as you please so long as you do
not eneroach upon the rights of others.
When man infringes upon the rights
OF another, he in a manner sacrifices his
own rights in society. Perfect liberty is
the recognition of and enforcement of
each individuals natural rights. In our
land frequently individual rights of all
classes are encroached upon.
In the first place this bring us to the
responsibility OF law makers. The law
maker who by voting with the majority
or is influenced by lobbyists curtails the
natural rights of any individual or class
of individuals, in the language of our
text did not make a battlement and is
guilty of blood in the sense of our text.
In the second place, responsibility of
those who execute the law. The officer
OF the law who sees or hears of law
broken and does not arrest the offender,
thus letting the natural rights of the
community be infringed. breaks his oath
and is guilty in the sense of the text.
The law should be ironclad, but executed
in its spirit and not in the letter, else
the officers of the law come under the
great condemnation of Christ when he de-
nounced the Jews for keeping the letter
and killing the spirit of the law
Then the responsibilities of public SEN
timent were dwelt upon. Laws are not
enforced sometimes because public SEN
timent condones the offense.
The second lesson was: Individual re-
sponsibility for material welfare of So
ciety." Alo.g this lire the preacher said:
.Should | see fire breaking out OF the
buggy factory over there and go on my
way without making alarm. would be
held responsible before the laws of God
for the destruction. We are responsible
for the material welfare of society and
the property of our fellow men.
The third lesson was: individual re
sponsibility for the spiritual welfare of
society"
The record states that no part of the
discourse referred even remotely to the
case then under consideration by the
fry, nor to- murder. nor any sentence
- ON which could be gathered the idea
yf one man taking the life of another, or
OF tlh responsibility of jurors in such
cases i&E
When the court re-assembled Monday
morning, the attorney for the defendant