The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1904-10-20
EXCEPTION NOTED.
rlr. Hicks Says the Gold Leafs Criti-
cism Last Week Of the Watson Trial
Was Unjust-Agrees With Us on the
Tain Point But Differs on Others.

EDITOR COLD Leaf think your com
ments and criticisms upon the people,
Jurors and lawyers in the Watson case,
unjust. | have no doubt that John b.
Watson is guilty Of murder in the first
degree He was high tempered and
irritable man. 1t was proven by the
State that he was Angry with Joseph
Basket He provoked a difficulty with
him and claimed to have gotten the
worst of it. He within two hours made
"a vigorous effort to assault Basket
again with deadly weapon. He then
went home. told several people about the
affair. got his gun. searched his bureau
drawers for shells and against the re-
peated and urgent protests of his wife,
children and neighbor, went with his
gun. pistol and two knives. one brand
new, two and half miles in search OF
Basket, passing hundreds Of people, and
on the way applying at a store for other
shells, and picking out Basket from all
others, shot him on sight and declared,
as three men say, that he had done what
he intended to do, or came to do-and
to two others, weeks after in jail, he
affirmed the last statement in effect.
This was the States testimony. much
of which was cOrrObOrated by witnesses
for the prisoner He made three de-
lenses:
l. That the shooting was an accident.
2 That he thought Basket was about
to shoot him, and
3. That he did not know what he was
doing.
The Judge charged the jury to acquit
him if either of these defenses was sus
tanned by the proofs, and further, that if
he had determined to kill Basket and did
it as the result of that determination, yet
if he was so excited by anger or pain
that he could not or did not deliberate
and consider the matter. or words to
that effect, he would not be guilty Of
murder in the first degree. This state
ment from the Judge, which do not be-
leve to be the law is what, | think. saved
WatsOns neck.
You say politics was brought into the
case, and that did not appear to have
| my heart in my speech, which was lack
ing in much of the vigOr and earnestness
which usually characterlzes my efforts. =
| If there was any politics in the case |
| never heard of it. | have never heard
what was Watson's politics. | do not
know the politics OF but one OF the jury,
| though am satisfied a maj Ority of them
| are Democrats. and that none OF them
| were politicians or men of pronounced
| political views heard every word of
| the case Your criticism OF the trial in
| the GOLD LEAF is the first time | have
| heard the word politics used in cOnnec-
| ton with it.
| Adjutant-General Register, Il member
| of Gov. AycOck's cabinet, and Mr.. F. S.
Spruill Democratic candidate for eector
| at large, Mr.. McCoin for the last I years
| Democratic county chairman. and Mr..
| Pittman, Il Democrat. were the prisoner S
| attorneys. AS for my part in it, while
| did not go an inch out of the record, or
| say anything to excite passion or preJu-
| dice, which would have been criminal in
a case involving human life, | made the
| first and longest speech that was made
in the case, exhausted myself completely
and was told by Mr. Zollicoffer before
| | sat down that had made a capital
| argument, the best that he had ever
| heard me make. Other competent critics
| told me the same, and myself and those
| who employed me were satisfied with
| my effort. Your criticism of me in the
public prints is un just.
| In addition to the charge of the Judge
| above quoted many good men who were
1
| had formed and expressed the opinion
on oath that they could not give him
a fair trial. Many others were not found
| by the sheriff and many others still al
most fell fit as soon as summoned,
until they got themselves excused on ac-
| count of sickness or other causes
The jury selected was to my knowledge
| in view of the number of challenges
allowed and all the circumstances, the
best that could be selected, and was com
| posed of men who fairly and justly repre-
sented the intelligence. the character and
| the combined sense OF justice and SYM
| pathy as it exists in Vance county.
| think that they ought to have rendered
verdict of murder in the first degree;
| but | am satisfied that before they made
| up their minds in the case every particle
| of the manhood and character and virtue
| they possessed was called into action
and that they did what they thought
was best and right. The weeping wife
and the helpless children appealed to
| them continually by their presence The
| learned counsel argued, entreated and
| persuaded them to consider the pain
passion and human intirmity of a fellow
| mortal whose life was commended to
them, and there fingers in the heart OF
every man when dealing with murderer
of his own race, a doubt whether God
has committed to us the right to take
| human life
The law and it's enforcement are truly
| portrayed in the mirror made by the
character and intelligence of the people
Ii they shall forget their obligations to
society and the laws they have sworn to
maintain in their integrity and justice,
as they look upon the wife and the chill
dren OF Watson with their petitions for
his pardon, majority will soon be ask
| ing that he be set at liberty. Ii they do
not, he will serve every day of the sen
teEce imposed upon him.
| Respectfully.
| r II HICKS