The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-31
NEAL PROTECTED
THE WITNESSES
Counsel Had Designated
Them Cattle. "
BLACKLEY HAS GONE
When His Case was Called in Court
Yesterday he Failed to Appear.
Judge Neal issues Subpoena,
from ihe Bench, for a Man
in Franklin County.

An event that seldom transpires in
Wake county court, but which met the
approval of probably every member of
sion when Judge Neal, with dignity,
i'm courteous and affable, but decided
manner, called down lawyer for re-
ferring to the witnesses as cattle" No
reply was made by the counsel thus
interrupted, and but for the intense 81
lence that prevailed moment, the af-
fair went otherwise unnoticed,
The incident happened in the case
against Thomas Allen, a married man,
and Carrie Richards, both white, who
were charged with having lived to-
gether as man and wife for three
years. The evidence produced exhibit
ed a deplorable condition of living in
some sections of the county, and espec-
tally near the Franklin county border
line, where the defendants live. Sew
eral. couples, some married and others
single, have occupied the same room
for sleeping purposes, and in the pres
ent case it was proved that Allen, his
wife and children and Carrie Richards
and her mother, and one of the wit
nesses had all slept on one occasion
in the same room. All the evidence
tended to show a state of living de-
graded and demoralized. Allen, it
seems, had kept the Richards woman
in his own home with his own family
three years, and the evidence tended
to show that he had treated the wo-
man better than his own wife. The
entire evidence was revolving and re-
pulsive, but none was submit
ted attempting to establish the bad
character of any witness.
Mr.. S. G.. Ryan. one of the most re-
cd 10 of a lpi OH was
sci for the defendants, and in his adj
dress to the jury, was reviewing the
evidence given by one of the States
witnesses and used the remark, Such
cattle as that"
Judge Neal stopped the speaker short
and said: MIR. Ryan, witnesses whose
character have not been attacked
must not be designated as cattle. You
may proceed with your argument.
1t is possible that none save the
witnesses themselves, the jury, the
judge and Mr.. Ryan paid any par
ticular attention to the remark of Mr..
Ryan, as it is a frequent occurrence
in court but the judge doubtless had
ia lf "a lad the poar country people whose
character was good. but who We're
helpless against charges against them,
and did not know how to protect
themselves. Judge Neal is a lawyer of
eminence in this State, and has high
this matter has met with general COM
mendation.
The case was concluded yesterday
afternoon, and Allen and the Rich
ards woman We're found guilty of for
nication and adultery. Judgment was
reserved, and Allen was remanded to
JAIL but the woman, having an in
FAINT, of which Allen was the father,
was released,
Blackley Disappeared.
James c. Blackley, who was sem
fenced to five years in the States
prison for embezzlement, in whose case
the Supreme court failed to find an
error, has disappeared, and his where
abouts are unknown. When his case
was called yesterday, for the purpose
of demanding him to the custody of
the sheriff. and putting the sentence
of the court into execution, he did not
appear. He was under a $4,000 and
his bondsmen are w. A. Blackley and
j. III. T<earney, of Franklin county. The
judge ordered Judgment of nisi, ana
q sci ia issued to the next term of
court. 1t was stated that Blaekley
was seen in Raleigh Yesterday. and
will make his appearance at this term
of court. His bond is not yet forfeited,
and he has until the next term of
court, if he is determined upon pur-
suing this course, to show good cause
why he failed to answer when his case
was called yesterday.
1t was stated yesterday in connec-
ton with the case that the practice
of the Supreme court is not to certify
opinions down to the court until the
first Mondays, and that if this opinion
had been handed down a score of days
ago 1t would not have been certified