The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-12
WHITES COUNSEL
SAYS JUDGE ERRED
SIayers of Sheriff. Ask
New Trial.
IN SUPREME COURT
If a New Trial is Granted, Thomas and
Chalmers White Will Again Be
Put On Trial For Their Lives,
Were Convicted of Murder
in Second Degree.
in Second Degree.

The case OF the state against
Thomas ]. White and Chalmers White,
from Rowan county, for the murder
of Russell Sheriff.. about sixteen
miles west of Salisbury, September
II, 1903, was argued before the SUI
preme Court yesterday morning.
The oral argument on behalf of the
defendants was made by Judge w. ].
Montgomery, of Concord. Mr.. L. H
Clement, of Salisbury, and the Attor-
ney General conducted the argument
for the State.
Senator Lee S. Overman and Mr..
r. Lee Wright, of Salisbury, who were
also of counsel for the defendants,
were present, but did not take active
part in the argument
The defendants were convicted at
the September term, 1904, of Rowan
Superior Court of murder in the sec
ond degree, of young Russell Sheriff..
They were sentenced by Judge Cook
to six years each at hard labor in the
State penitentiary. From this Judg-
ment they appealed. Should a new
trial be granted, the whole case would
be just as if there had been no trial.
In other words the Whites would
Judge Montgomery contended that
the Judge in the court below erred
in refusing to allow the defendants
to testify as to certain conversations
they had between themselves with
their sister, Mrs. Archer, touching the
purpose they had in going to the home
of Sheriff.. He also argued that the
judge erred in refusing to give GER
tain instructions asked for by the de-
PENDANTS, and that the judge further,
erred in certain notifications that he
did give.
Mr.. Clement and Attorney General
Gilmer on behalf of the State, argued
that the testimony given by the de-
PENDANTS themselves showed that they
were both guilty of murder in the
second degree, and if the judge be-
low had made any errors these We're
harmless errors, because the defend
ants own evidence made them guilty
of murder in the second degree.
The Attorneys for the State also
argued that the judge did not err in
refusing-sto allow the defendants TO
testify as to conversation between
themselves or with Mrs Archer, be-
cause to allow such evidence would
be adopting the principal of law that
what a defendant says can be used
against him, but cannot be used in MS
behalf, and that the declarations of
the defendants in their own interest
are never admissible unless their dec
larations form a part of what the
lawyers term the res gestae. They
also argued that the defendants could
not possibly be injured by the judge
refusing to allow these conversations
to go to the jury for the reason that
the very things the defendants wrote
l1xyf thew
did actually get the benefit of, be-
cause they were allowed time and
again to testify what their purpose
was in going to the home of young
Sheriff.; that it was for the purpose
of persuading him to marry their
niece. Annie White, and that it was
not for the purpose of killing Sher-
rill if he did not wrong her. They
also argued that the judge committed
no error in any of the instances that
he referred, neither did he commit
error in any instructions that he did
give the jury.
These in brief are substantially the
contentious argued by Messrs. Mont
gomery, Clement and Gilmer.
The Homicide.
The prisoners were tried at Septem-
Der term, 1904, of the Superior Court
of Rowan County, before Judge Cooke,
for the killing of RUSSELL Sheriff..
They were convicted of murder in the
second degree. and appealed to the
Supreme Court
The evidence tends to show that the
homicide occurred about sixteen miles
west of Salisbury in the county OF
Rowan, on the 18th day of September,
1903, at the residence of Russell Sher-
rilPs mother, Mrs. A. E. Sheriff.. In
consequence of a letter received by
Thomas White. informing him or the
seduction of his niece by russell
Sheriff., he and his brother, Chalmers
White left Concord on the afternoon
of the 10th of September and went TO
the home of their sister-in-law, Mrs.
White (now Mrs. Archery. who lived
about twenty-three miles from Con-
cord and within one mile of the
Sheriff. place. 1t was contended by
the State that the purpose of the
prisoners was to force Russell SherA
rill to marry Annie White, and in the
event of his refusal. to compel him to
do so or to kill him. The prisoners
spent the night at Mrs. Whites (Mrs.
Archery, and early the following
morning, about sunrise or a little be-
fore, called at the Sheriff. residence.
They went to the front door. Mrs.
Sheriff. met them. The Whites
said they wanted to see Russell.
When he appeared they said: ''We
are Chal and Thomas White; you abe
aware you have ruined our niece, An
ME White. and we have come to make
you marry her, or we will kill you be-
fore you leave our sight" Russell
said: 81 did not ruin her: / was not
the first one there" They said: "You
did ruin her, and you will marry her
or we will kill you before you leave
our gsiht."
Witnesses said they were awakened
by the disturbance on the piazza, as
they heard Mrs. Sheriff. say: "You
shall not kill my son. and the
Whites replied: Nov Mrs. Sheriff. i
is not worth WHILE and immediately
two pistols fired and then a third, and
Sheriff. fell dead.