The news & observer., 1905-09-28
Superior Court for Grim.
inaI Cases Convenes.
A MANDAMUS TO-DAY
Argument as to Liquor Petition Will
be Heard at Chambers at Noon
A Number of Trivial
Cases Dished Off
Yesterday.

Superior court for the trial of Grim
inal cases convened here yesterday.
Judge H. NJ. Justice on the bench.
The day was given up to the charge
| to the grand jury and the trial Of
a number of trivial cases.
| A Petition for mandamus to compel
| the Board of Aldermen of the City
of Raleigh to call an election on the
question of dispensary or saloons will
be heard by Judge Justice at twelve
| o'clock today.
| Charge to Grand jury.
Judge Justices charge to the grand
! jury was tor the most part lucid
recital of the ordinary offenses
| against the law and q strong state
ment to the jury as to their duty III
making presenments or finding bills.
| He began by referring to the crime
| of embracery, taking occasion to say
| that it was an offense against the
body of the jury of the county and
| that the recent exposure i'll Wake
county had done good and he felt
confident that the abuse had been
stopped with the punishment OF the
: only men who had been guilty of it.
At times the Judge exhibited dry
quality of humor that lightened the
charge greatly to the jury and the
court house audience. Particularly
did his philosophy in the matter of
lynchings take the people, as did his
observations brought forth by the
growing habit of carrying concealed
weapons.
The laws as to murder now obtain
ing in this State, said he, go back to
the old Mosaic laws the first degree
being that of the man who Kills, Us
it was put In the early years having
l.; firt1D
very few first degree murders In
| North Carolina, said he. We were not
that sort of people. The killings were
as rule those that followed on hot
blood and the average manslaughter
could have been prevented IL one or
both of the parties had been III
the habit of carrying concealed weap-
ons The average man VINO comfnlts
manslaughter careless aruong In MS
own conscience, said he, PUNISH
ment greater than the law can infiict.
The matter of carrying weapons,
said the Judge had reached the pass
that when two fellows got INTO 4
simple fight with their fists ana were
brought into court, the judge felt IKE
presenting them with chrome IN
stead of sentencing them for the az
frav. When two men get to hghtlnS
with natures weapons, it is all rlgnt
to separate them and, IL they are
not separated there is no herH
done. But as a rule one or the oth-
er has pistol. he fires in the neat OF
blood and even as he turns away
from his dying victim his punishihcil'
begins in his conscience
AS to burglary, the Judge stated
the law and took occasion to say that
he expected a change in the statute
so that the death penalty Will pc pro-
vided to apply only when 1t is shoWh
that the criminal enters a sleeping
house with the intent of committing
capital felony, not merely with TEL
Onious intent, as at present.
of criminal assault the Judge stat
cd that in North Carolina there was
one thing certain that the man VINO
committed assault upon an lnnoceI
woman would die--in a legal way. IL
was natural that such, crimes Should
stir the greatest indignation III tne
community and also natural thal inc
Indignation should be deeper when
the assaliant was negro ana INC
victim a white woman. That came
from social distinction recognized
nv the law and implanted in the heart
of civilization. Yet there are certa!h
foolish publications which graveiy
saw that the fact that wave OF lhuis-
nation sweeps over coinHluhily
when such a crime has been commit-
ization in the people. Nevertheless
the man ought to get fair trial, put
when he is convicted, the Judge don
feel any particular horror in Senten-
cling him to death and the Governor
keeps hands off. =,
Sometimes said he, there would
be great criticism because some poor
fellow" had been lynched for rape
and much sympathy for the victim.
Tvnching was bad as a crime against
the community, it showed lack of
confidence in the courts, in the Judge
and i'm the Governor-but the poor
fellow generally got about what he
In referring to perjury, Judge Jus
tice said s.s
a the ilry system because of perjury.
IF the system can be ruined by some
fellow swearing to lie, 1T ought not
to survive If a man thinks he can
lie and fool a jury he is very mucn
mistaken. He goes on pretty we'll till
some lawyer gets him on cross-ex-
animation Then he commences TO
scratch his head, to change his feet
TO yawn. He begins to spit cotton
and literally fry up in his own bushes
and then-when he has made spec
tacle of himself and disgraced HIM
self-he goes about hunting up some
one to comfort him asking:
"How'd / do, pretty Well?
A Jury could tell, he said In nine
tv nine cases out of a hundred who
was lying on the stand and who was
not. 1t didn't make much differ
ence to the man because ne was nope
| less ANYWAY but they ought to be in
dicted to keep them from setting
bad example to other block heads.
other portions of the charge were
! those about liquor. roads ana other
ment. among which was greatly en-
joyed the Judges description or the
old-time cross roads bar-shop before
the State law went into erect.
Cases Heard Yesterday.
The cases disposed Of were as fol-
lows:
state VS.. Dennis Chisholm. wesley
and Charley Johnson. for an ARRAY.
Defendants plead guilty and judgment
was suspended upon payment of costs,