The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-11
DweIt on immortality and
Embracery.
BYNUM CASE FRIDAY
Slayer OF Deacon Afford Brought in
to Court. Events Of Day. Son VS..
Father. Boy Who Admitted
Deserving Cutting. Other
Cases Disposed of.

terday morning for the trial of crimi-
nal cases. with Judge w. r. Allen,
presiding. he having exchanged courts
with Judge NJ. Fl. Justice. who would
otherwise have presided at this term.
Only two cases of special import
ance are on the docket for the term,
and one of these has not yet been
made the subject OF true bill and
will doubtless be continued until the
September term of the court These
cases are State VS.. Raymond ID. By
mum. charged with the murder of the
late Deacon" l.. j. Afford, and the
cases for embracery against Messrs.
Rowan Rogers and j. =. Sorrell.
The Bynum case is set for Friday
and, despite this fact there has yet
been no direction for the summoning
of a special Venire.
The grand jury is composed of sub
stantial and intelligent looking citi-
zens and it is noticeable that many
of them have not been heretofore seen
in the court house. This result is In
all probability due TO the recent re-
vision of the jury lists, and is crafty
ing as it shows that the work has been
we'll done and n large class of strong
men made available for jury duty.
which is composed of Il. j. Bashford.
foreman; Wingfeld Scott. r. l.. Ro-
land, G. ID. Bum, A. IL. Stell, G. w.
Barrett. Henry Mckee. j. p. Dove.
Glenn Wilder, w. ii. Seagrove. w. II.
NJ. Yates. Charlie j. Dew, ID. A. Over
by, c. II. Weathers. A. C. Lowery. J.
j. Bagwell, James j. Arlington and
w. T.. Ferrell, In a concise and strong
manner He quoted from eminent
4, civ Inf m
the history and the meaning OF the
jury system and its effect upon the
liberties of peoples and its necessity to
the maintenance of government. He
then detailed the ordinary crimes, ex-
planning them. and dealt at some lit
tie length particularly on the crime
OF embracery, the crime OF illegal sale
of whiskey and the duty of the county
TO adequately maintain a county home.
Only a few minor cases and one or
two divorce suits were concluded dur
ing the day Among these We're the
case of a father who had assaulted his
middle aged son with n shot gun, and
that of his boy friends, one of whom
had cut the other for making an in
sultng remark about his sister. In
both of these cases the prosecutors
were penitent for having secured war
rants. The son stated that it was a
to anything and he was sorry he had
obtained a warrant: the boy who had
been cut stated that he had been
drinking and had no business to make
the statement he had, and that his
assailant did right to cut him.
The Duty to- Sit on Juries.
Speaking to the jury Judge Allen
said that If the requirements of the
statute had been carried out they
were men of character and we'll quail
fed To appreciate the Importance or
the duties they had been called upon
to perform. He spoke then of the
origin of the system and it's relation to
the liberties of the people,
taking occasion to refer to the free
dom of the press and to say that while
an average editor would seem to In
fiuence a jury he was prone to create
a public sentiment in the whole body
of men from which the jury might
be drawn so as to prejudice a case.
The trainers of the Constitution.
he said in separating the departments
of government. had a just appreciation
of the department of the Judiciary for
they had placed its fundamental exer-
else with the people i'm the jury. The
Judicial Department Of the govern
ment, he declared, was even more
than the legislative. the department of
the people by reason of the jury sys-
tenn. In emphasizing the Importance
of the jury system and jury service
Judge Allen took occasion to score
the habitual shirkers of jury duties
by reason of exemption or excuses
The average business man, he de-
clared, is in despair when summoned.
He sees visions OF bankruptcy and Ut
once commences to hunt for an ex-
emption. If he can't get that he
seeks an excuse and his family
seeks an excuse and his family physl-
clan is his last resort. The number of
diseases developed on Mondays OF
court weeks. he declared. was a con-
stant wonder TO him. From the way
that business men talked about what
would happen If they were put on the
jury one would think that they were
the most important factors i'm the
business of the world. Yet IL was
from this class that were recruited the
critics of the courts and of the YER
diets of juries. Ii was the class that
remained at home or at Its business
which criticised NOSE severely, forget
ting that ii was the class responsible
for the errors which 1t inveighed
against. The courts invited criticism
but they wanted the criticism of facts
and not of rumors. The admlnistra-
ton of justice rests upon a jury taken
from the people. The people who
claim an exemption, shirk the duty
or are not good and lawful citizens.
Continued on Page Five.)