The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-07-19
Appeals on Ground Pun
ishment "CrueI and
Excessive"
FOR MISDEM EANOR
Minnie Morris Convicted But With
Recommendation of Jury to Mercy
Of C)urt---0ther Cases Dis
posed of ---Court
Adjourns.

In Wake Superior Court yesterday
afternoon, George w. Huff, convicted
of simple assault, was sentenced by
Judge Ferguson to thirty days on
the roads. the extreme penalty per-
mitted by the law for the commits
SIGN Of a misdemeanor.
Mr.. B. G. Beckwith, Huffs attorney,
raised an interesting question when,
in resisting the imposition of the sem
tence, he based his appeal to the Su-
preme Court on the ground that the
Constitutions of the United States and
of the State of North Carolina render
ed the sentence to the roads illegal,
in that it was a "cruel and unusual
punishment" and that it fell without
the limitations laid down by the State
Constitution with respect to the pun
1Shment of crimes.
Judge Ferguson, who had init
mated that he would make the sem
tence fine of $50 and costs, changed
it to the term on the roads upon the
statement that the defendant would
be unable to pay the fine imposed.
Mr.. Beckwith argued briefly the
points outlined above, and the judge
decided adversely to his contention,
stating that if that was the law it
should be definitely decided by the
Supreme Court.
In addition to his appeal from the
Judgment, on the points set forth, Mr..
Beckwith filed several exceptions
taken to the refusal of the judge to
permit certain evidence tending to
show the bad character and evil re-
pute of the prosecuting witness.
The sections of the State Constitu
ton relied on by Mr.. Beckwith are
section IA of Article 1, which reads:
Excessive bail should not be required,
nor excessive fines imposed, nor cruel
or unusual puniShments inflicted;
Section II of the same Article, which
declares that no person shall be de-
prived of his liberty except by the
law of the land. Section / of Article
ID, which forbids that any punishment
shall be inflicted which is forbidden
by the Constitution; and Sections a
and 5 of Article IL, which empower
the Legislature to erect houses of cor
rection, where Migrants and persons
guilty of misdemeanors shall be re-
s,trained and usefully employed"
Mr. Beckwith's contention is that a
sentence to the roads for a miSde-
meanOr constitutes a cruel and un-
usual punishment, in view of the fact
that it is a punishment which is in
fficted for the commission of felonieS;
and that the constitutional section as
to houses of correction shows the
plain intent of the instrument to pro-
vide for different punishments for
Although Judge Emory Speer, of
Georgia, has recently delivered an
opinion, the substance of which is
that under the American system the
chain-gang has no place in the juris-
dictiOn and procedure of police courts
where trial by jury is not right of
the accused" the larger question as
presented in the Huff appeal is a new
one, both in this State and elsewhere.
If Mr.. Beckwiths contention should
be sustained, one noticeable effect
would be to knock the police courts
into cooked .hat-a result that
would not be without a certain salts
faction to those who dislike to see a
mild eyed, honest and unfortunate
plain drunk" working on the roads
side by side with hardened and deS-
perate criminal characters.
Other Matters Disposed or.
Minnie Norris. the negro woman
who as told yesterday, committed an
assault with deadly weapon by
proxy and who is now famous us
Peak head, was convicted by the jury
with recommendation to the mercy
of the court and judment was sus-
pended on payment of costs.
Wash Jones, indicted for selling
liquor on Sunday, got badly scared
and ratified and "peached" on sew
eral of his sport-loving friends, who
were promptly gathered in by the
police and are now held for the mayor
on charges of retailing and gambling
This action proved Washington's sal |
walton for, although he was summar-
lily convicted by the jury, the Judge
suspended judgment
Lucy Mordecai. larceny and receiv-
ing, got six months on the roads.
Joe Hight, who has figured extern
sively, came up again for perjury and !
was permitted to enter a plea of