The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-15
Judge Aliens Sentence
on Rogers and SorreII.
A DRAMATIC SCENE
After Pleas Prov d Futile Rogers S at d
that He was Responsible for Sor-
relI's Part and Asked that
latter's Sentence be Add
ed to His Own.

ed to His Own.
J. Rowan Rogers and j. P. Sorrell
were yesterday afternoon sentenced
for embracery to six months each in
the county Jail of Wake county. II,
response to a renewed and eloquent
appeal for mercy by ]. \. Holding.
Esq, Judge Allen stated that while h"
would let the sentence stand as given.
he would further consider his action.
The defendants have yet a day to serve
on their sentences of thirty days each
in Jail for contempt of the special term
of court. presided over by Judge Fred
Moore in the commission of the Of
lenses for which they were yesterday
sentenced. A petition signed by over
a hundred and fifty of the prominent
men of Raleigh was presented for the
consideration of the judge, before he
rendered judgment Rogers is sixty
one years of age; Sorrell is sixty. Both
have families Both claim that their
actions in attempting TO influence Jur-
ors King and Maroon sprang from
their own initiative and that they had
neither reward nor hope of reward, but
were influenced to act entirely
defendants in the Gattis-Kilgo and
Duke case.
Probable End of Embracery Cases.
The above paragraph in brief marks
what appears to be the end of the
embracery charges in the Gattis-kilgo
suit. The grand jury has returned nc
more bills, although it is still investi-
eating the matter and has had before
il for examination both of the defend
ants. Beyond the cold facts of the re-
suit, the passing of the sentence came
at time when the court house was
crowded and was marked by tense
and dramatic feeling. induced by the
heartfelt appeals of Attorneys Holden
and j. G. L. Harris and the quiXotie
attitude adopted by the defendant
Rogers who asked that since he had
interested the defendant Sorrell in the
case, he should be permitted 20 serve
out both sentences The crowd was
visibly affected and the judgment OF
the court fell from the lips of the
judge on an absolute stiffness in tht
room.
Appeals For Defendants.
It was half-past six when the SEN
tence of the court was made known.
For an hour Messrs. Holden and Har-
his had pleaded with the Judge to con-
in the serving out of the contempt inn
priSonment sufficient to cover their Of
lenses. Counsel urged that both men
were mere partiSans: that they had
acted without any corrupt intent eX-
cept that implied by the law: that
they were both brave and honorable
men with fine records as Confederate
soldiers: that they were old and i'm
prisonment would be more than con-
finement. a torture. They urged that
the people did not consider that they
acted corruptly, as shown by the petit
tons. They showed that the defend
ants had refrained from an appeal in
the contempt cases and that they had
not sought to fight a conviction IN the
indictments for embracery. Their Will
lingness to obey the law, they argued,
to leave their punishment with the
court. was evidence of their character
and of the truth of the statement that
they had acted more in the way of in
discretion than as men deliberately
committing crime.
Judge Allen listened with the great
est attention, and was evidently much
impressed. He regarded the defend
ants closely, peering at them from time
TO time introspectively through his
glasses.
Defendants He'd Their Nerve.
Almost in front of the bench sat the
defendant Sorrell. straight in his chain
with his head elevated and his eyes
lifted to those of the judge. Only the
slow. nervous moving of his hands be-
tr,syed any emotion on his part. His
mouth concealed itself in his beard
and his light grey eyes did not flicker
in their gaze They had the look OF
dumb resignation. of waiting for a
surprise with carefully schooled indif-
ference There was a child-like, al
most trustful look of calm about them
that must nave been disconcerting TO
the Judge on the bench.
The defendant Rogers let his slight
frame slip far down in his chair ana
his head deep between his shoulders.
He sat with his back to Sorrell. fac
ing away from the bench. and he never
lifted his eyes. His crooked, nervous
hands worked constantly. tearing into
shreds bits of paper which fell to the
floor. Otherwise he did not move for
the hour that his counsel were plead
ing for him. His whole attitude was
one of nervous tension and set control
Six Months i'm Jail
At the conclusion of the pleas Judge
Allen commenced TO lead UP TO the
passing of sentence. 1t was one OF
those critical moments when one feels
the suspense almost physically The
room had slowly filled to a crowd tina;
stood densely without and within tbs,
bar. Judge Allen spoke slowly. delib.