The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-27
THE DANIELS CASE
Argument on the Appeal
of Mr.. Simmons
Murderer.

The appealA of Alfred Daniels, the ne
gro who killed Nh. f. G.. Simmons, father
of United States Senator F. NJ. Simmons,
in Jones county, on the 18th of Septem-
her last. was argued yesterday before
the Supreme Court Col. ]. c. l.. Harris,
of this city, appeared for Daniels, and
Mr. A. D. Ward, of New Bern. Attorney
General r. D. Gilmer for the State.
The principal points argued were on
the motion of the prisoners counsel, j.
Z. O'Hara. the colored lawyer of New
Bern. to quash the bill of indictment on
the ground that the County commission
ers had Disseminated against the negro
race in selecting a jury, and the admls-
sion of the prisoners confession, which
was claimed to have been made while he
was in mortal dread Of being iynched.
Col. Harris contended that according
to section 1924 of The Code the jury list
Elust contain the names OF all the inhab-
tants WhO are qualified TO serve as
jurors, and if the list as made out by
the clerk OF the board OF commissioners
does not contain all so qualified the COM
mlsslonerS are required tC insert the
names omitted: that the facts As found
show that these requirements were not
complied with, and this failure to observe
the law was a gross regularity for
which the jury should have been set
aside; that the commissioners violated
section 1922 Of The Code by making com
potency and fitness the qualifications
Of Jurors: that out oil S239 inhabitants Of
Jones county, only the names OF 430 male
persons were in the jury box, while one
in six OF the population of this State
are over the age Of 81; that there being
paid their taxes, and there being only 430
names in the jury box, and each Of the
So names drawn being Whites, is very
strong evidence that the jury list was not
revised, and that 4 selection Of The names
was made By the commissioners. that it
IS not probable that each cf the SIS col
ored males were rot competent and
fit" to serve as jurors; that the tact that
there are as many white males q years
and upwards in Jones county, whose
names are not in the jury box, as there
are co,ofcd males over II whose names
arc not in the jury box, emphasizes The
fact that the commissioners did not re
wise the jury list, bat made Z selection
Of the persons they desired to serve as
jurors.
Col. Harris further ccnteIded that the
confession made 10 Harry |BTogden in
the presence Of Sheriff Taylor was evil
IDENTIFY made because the defendant was
at that tine n mortal fear oil BEING
lynched that the evidence of Mcdaniel .
as to the tracks was clearly Irrelevant.
because it IN 10 Wayo connected the de
PENDANT with tie tracks is found by the
witnesses, and that there was no evil
aence te1dInS TO SHOW .hGt tha defend
ant Wayiail the deceased, and the conn
sci for the State should not haye been
allowed to argue his fact to the inty.
Counsel for the State held that in the
case at bar there is not ground for a
scintlla OF evidence that negroes We're ex-
cluded because Of their race. The sub
poena issued as prayed for by the pris-
Oner and the chairman of the board Of
commissioners aCd the clerk Of the board
were examined. The chairman was Very
rigidg examined by counsel for the pris-
oner. The most critical examination of
he evidence introduced would not dis
close any evidence that negroes were dis /
riminated against, and the judges find
ngs which are conclusive on the sub
iect, say that there was no discrimina-
tioa
The State further contended that de-
made by one charged with
criminal offense to the officer who then
has him in custody and hand-cufsed is
not thereby rendered incompetent as evil
1ence; that admissions made by a prison
er under arrest are complete evidence if /
no threats or inducements are made; that /
when prisoner is advised to tell nothing
tut the truth, or even when what is said
10 him has no tendency to induce him to
make an untrue statement, his confession
in either case is admissible, whether made .
to an officer or a private individual