The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-05

Ward, Judge, received the verdict of
| the jury in the case then and there
| being tried entitled State against AL
| len Haskins for murder. The jury rem
dered their verdict for manslaughter
and recommended the defendant to the
| mercy of the court. 1t appeared to
| the court that the defendant had been
| confined to the common Jail of Dur
| ham county, awaiting trial for more
| than ten months. After due and care
full consideration of the case, the
| court i'm view of all the evidence, the
recommendation of the jury and the
, length of time the defendant had al
ready been imprisoned in the Jail, SEN
I fenced the defendant to fifteen months
| hard labor upon the public roads of
| Durham county. There being still UNI
finished business of the court, the ad-
| iournment sine die was not taken, and
[ the court was left open to the further
! transaction of business. The preSld-
| ing Judge thereupon went to his room
and in a short while the respondent,
| M E. McCown. came to his room and
| called for him. The judge thereupon
! walked out of his room upon the porch
| to meet the respondent. At once the
said NJ E. McCown accosted him IN
a very angry and menacing manner,
demanding that the court at once turn
the defendant out of Jail and let him
|
! him for a longer period than that I'M
| posed.
| "The court asked the respondent in
| a very quiet and mild manner If he
was accustomed to speaking to the
| court in that way. adding that In dlS-
| posing of the case the court had eXer-
csed his best judgment and discretion
whereupon the said respondent began
| to curse the court and used the most
offensive language and followed 1t up
! with an assault on the person of the
! court"
At the request of counsel Judge
/ Ward also added to the above the fol-
lowing facts which are included In the
record which will be before the Su-
preme Court today:
First, that Judge Ward left the court
house between four and five o'clock
and that the assault and insult was
| between and o'clock. Second, that
| it was one week term of court Third.
| that when the court directed the adj
| iournment of court it was until further
notice. Fourth, that the court ala not
| transact any business after leaving the
| court house other than that in which
McCown attacked the court. Fifth,
that there was no business in cham
bers at the time other than the bust
ness with the respondent. Sixth that
all Jurors had been discharged for the
| term.
| After sentencing Mr.. McCown Judge
| Ward stated to the sheriff that in di-
recting that he be placed in JAIL he
meant the Jail of the county, and not
boarding house" confinement. Mr..
! McCown was accordingly placed in q
cell on Saturday night and returned
thereto yesterday afternoon.
Justice Walkers Orders.
| IYolIy Il sc.
| missing the petition and that allow
ing the appeal to the Supreme Court
are as follows:
State of North CarOlina-Durham Co.
| In the Matter of NJ. E. McCown.
| This matter coming on to be heard
| before me at the Supreme Court room
in the city of Raleigh on this the 4th
| day of September, 1905, upon the pc
| tition for a writ of habeas corpus and
the return thereto of tie sheriff of the
county of Durham, it is now. upon
| consideration adjudged by me that the
| application for the discharge and re-
| lease of the petitioner from imprison-
ment under the judgment and order of
| commitment for contempt of court
made by His Honor Geo. w. Ward,
| Judge of the Superior Court, be and
| the same is hereby denied and the pc
! tition is dismissed. The petitioner Is
! remanded to the custody of the sheriff
to the end that he may be confined in
the Jail of the said county in further
! execution of the judgment and order
| of Judge Ward or until he is discharg-
! ed in due course OF law.
| r. d. WALKER,
Justice of the Supreme Court
| From the foregoing order or judg-
ment, the petitioner M. E. McCown,
appeals to the Supreme Court and his
appeal is allowed upon his giving Sc
curity and costs in the sum of $25.
notice OF appeal is waived by the So
| licitor of the Ninth Judicial District
and the Attorney General. who were
present at the hearing and represent
ed the State.
| r. d. WALKER,
Justice of the Supreme Court.
Reason of the Assault.
The assault upon Judge Ward grew
out of the resentment felt against him
by Mr.. McCown at the sentence passed
by the judge upon Allen Haskins, ne