The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
Argument Before Su.
preme Court Yesterday.
THE ERRORS ASSIGNED
Messrs. A. D. Ward and Ex-Governor
Aycock Speak for Defendant and
w. W. Clark for State. Dewey's
Confession Read. 1.-The Peep
ing Tom" Case.

The case of State VS.. Thomas w.
Dewey, of New Bern. convicted of the
defalcation from the Merchants and
Farmers Bank of that city of sums
of money aggregating over $4,000
and sentenced to six years in the peni-
tertiary, was argued in the Supreme
court yesterday by Messrs. w. W.
Clark and the Attorney General (by
brief) for the State and by A. d.
Ward, Esq, of New Bern, and ex-
Governor c. B. Aycock, of Goldsboro,
for the defendant.
The various exceptions of the appel
liant have been heretofore reported.
They consisted of assignment of error
in that the court proceeded with the
trial in July when there was then pend
ing in the Supreme court an appeal by
the defendant from an order made by
the judge at a previous term in which
he refused defendants request for d
bill of particulars. The contention
was that the case being in the SUI
preme court. the Superior court had
no jurisdiction to put the defendant
on his trial
The State in reply to this exception
held that only the final determination
of a case could operate to give an ap-
peal the effect of a stay or Dust the
jurisdiction of the lower court The
bill of particulars asked for was
granted at the July term and mo-
ton of defendant for a continuance
on the ground that counsel did not
have time to prepare their case with
reference to the bill of particulars was
refused. The defendant excepted to
this refusal and the State contended
that the matter of continuance was
one entirely within the discretion
of the trial Judge unless there should
be a palpable wrong and injustice
done to the defendant by an arbitrary
refusal to continue.
There were-pther EXCEPTIONS but
those chiefly relied on in the argu
ment related to the giving of oral in
structions in the charge of the court
after there had been a request by the
defendant that the judge put his
charge i'm writing. There was dis
crepancy in the statement of the case
as fixed by the judge. and the state
ment as filed by the defendant as to
these oral instructions. 1t appears
that the judge before reading his
charge. cautioned the jury orally as
to their duty in the case and that,
later, upon the jury reappearing and
asking additional instructions he
charged them that it was their duty
to reconcile the evidence if possible.
but that if they could not so recon-
ellie it. they should take the most
plausible view. Upon the attention of
the court being called to this state
ment the jury was brought back and
the judge repeated what he had said
and charged further that the State
must satisfy them beyond a reason
able doubt of the fraudulent intent at
the time of appropriating the funds,
~, H. Il i
PIRATE them.
Messrs. Ward and Aycock insisted
i'm their argument that the statute re-
quiring judge to put his charge into
writing should be strictly followed,
and that his failure to do so was ire
mediable error. They also pointed out
that there were differences as to what
had really been said by the judge be-
tween the statement of case on appeal
as fixed by him and as prepared by
the defendant: and that it was to pre-
vent such conflicts in the settlement of
cases on appeal that the statute as to
the duty of the judge to reduce his
charge to writing had been passed.
In his argument to the court Mr..
W. w. Clark took occasion to read in
full the letter from Dewey to w. B.
Blades, in which the defendant ad
mitted his guilt of embeZZlement, and
i'm which he made a rambling while
pathetic appeal for mercy. asking
Blades to show the letter to other
bank officers and to see if something
could not be done with the stockhold-
ers in his behalf. In the letter Dewey
says that the Pinkertons had beer
several times within lasso's reach of
him, but that Providence had enabled
him to put obstacles in their path and
so escape detection and arrest. AT
this point Mr.. Clark became caustic in
his comments on the implied alliance