The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-21
/ WARNING AND NOT A THREAT

The News and Observer yesterday
received the following communication
from ex-Judge T. B. Womack, who
rell in the proceeding as for contempt
before Judge Moore on Saturday with
regard to the editorial printed yester-
day morning, anent the charge of en-
bracery:
A CARD.
have read with care the editorial
of nearly two columns IN The News
and Observer of this date, calling upon
my former clients, MeSSrs. Rogers and
SorreH to turn States evidence in the
approaching case in which they have
been bound over to the July term of
the Superior court, with promise of
mercy if they do, and of dire punish
,ment If they fail to do SO.
5 | observe that it is stated, who
sent them forth? That is yet a mystery.
So far neither of the respondents have
uttered n word. IS Even the ter
rors of a Jail in hot weather
did not avail to break their silence. :"
L assume your reporter had left the
court room when / made the state
ment to Judge Moore which induced
him to remit the fine. they withdraw
ing their appeals and beginning their
term of service Immediately, and so
ask you to give your readers these
facts.
After Judge Moore had pronounced
the Judgment of the court against Mr..
Rogers some of his friends suggested
that perhaps the Judgment might be
charged to fine, though a large one
Mr.. Rogers then came to me and in
the most positive manner asked me to
tell Judge Moore that he did what he
believed he had a lawful right to DO;
that the judge had held otherwise and
he had no objection to make to bear
ing such punishment as was just un-
der the circumstances. That he had
acted entirely on his own initiative and
did not want any action of his to pre-
iudice others; that If a fine should be
imposed, every one knew he could not
pay it, and If 1t should be paid every
one would at once say some one else
had paid it for him. he therefore asked
the judge to remit the fine and let him
suffer the consequences of his own act
and that the term of Imprisonment be-
gin at once. Mr.. Sorrell subsequently
Joined in the same request. On this
being reported to Judge Moore their
requests were Immediately granted.
The News and Observer states that
to believe .they~acted upon their own
Initiative is Ito argue oneself either
partisan or simple hearted fool. ana
then informs its readers that it must
be proved that they had other and III
terror motives. How to do it? There
is way, cruel on it's face. and yet APP
parently the only chance. Messrs
Rogers and SorrelI must tell or they
must suffer again" 1T Will
be said in most quarters that the two
men have been punished enough. That
may be true. for what they are shown
to have done. 1t is their silence which
brings the aggravation to their of
Tense" g "If they persist in
shouldering all blame, which few
think they should be made to bear. so
much the worse for them"
-, When the judgment OF the court was
pronounced my obligation to my
clients ceased. / doubt If | shall APP
pear for them at the July term for
the crime for which they have been
bound oyer to court, as | will not be
in the, city and of course those who
are pushing this case Will not consent
to a continuance of these cases because
Of my necessary absence. Hence all
the service / can now be to my clients
is to make an appeal to The News and
OBJ server.
The last time before this in which
appeared I'M contempt case, the edi-
tor of The News and Observer eX-
pressed his willingness to go to jail
rather than to desist from course of
action he thought was proper one
we all commended the editor, even
though he did not get nearer the com
mon Jail than one of the handsome
rooms in the Marlborough. Now l APP
peal to that same man to believe that
when Mr.. Rogers said he would rath-
.er go to Jail than to have an aSperslon
cast upon one who did not deserve it,
and did go to Jail and that in not
weather, that Mr. Rogers rs at least
sincere and not necessarily liar and
criminal for being silent" ] appeal
to the man who would have gone to
jaii to uphold the freedom of the
press, not to use the power of the
same press to prevent two humble c1ti-
zens one a Republican and the other
a Democratic executive committeeman
from having a fair trial at the court to
which they have been bound over l
appeal to that same patriot not to use
the power of~the press in the manner
of the inauistion. In the days of the
inauisition men were punished for not
divulging supposed crimes of others
Courts in, these days are instituted 10
punish crime. not to punish silence
If some one eles is charged with crime
these men,. when subpoenaed as Wit
nesses, must tell what they know or
be then punished for their refusal. II
been punished sufficiently,
and The News aiitt Oi,Sel.y dr. say So lfft
,ri ay ne s'tfire fdr$:w hat they re shown
to have done" don't punish them for
what they, haven't done.
The News and Observer is the great
est daily in the State. 1t is the oniy
daily paper with an excess of 10000
subscribers. No paper has anything
like so much influence. Rogers and
Sorrell are two humble men, They
have been punished for what they
have been shown to have done. They
are now bound over to appear and an
swer a new charge. The Constitution
of the State guarantees them falr
trial before unprejudiced jurors. Now
/ appeal to your greatness, to see that
the Constitutional guarantees extend
to the humblest citizen. Don't show to
the people of the State that an hum
BILE man stands no chance before the
courts if The News and Observer hap
pens to be against him. Don't pre1u-
dice the jurors that are to try this
case. ,t
|, appreciate the Imperative neces-
sity of keeping the fountains of JUS
ftice absolutely pure. / have myself
felt in more than one case in which
appeared that they were not pure, and
thinOSs 0emOra liZinE