The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-29
Counsel Had Not Prepar-
ed the Defense.
BYNUM HAS IMPROVED
Case Will be Tried at the July Term
Of Court. Smallpox in IaiI Pre-
vented Counsel From COnferr.
ing With the Prisoner Which
Caused the Continuance
Caused the Continuance

The Bynum murder case was con-
tinued yesterday till the July term of
Wake criminal court. The continu-
ance was made on motion of the de-
PENDANTS counsel without opposition
by the State. The counsel for Bynum
are: Argo and Shaffer and Pou and
Fuller Mr. j. N. Holding appeared
with Solicitor Armstead Jones for the
State. 1t will be remembered that By
mum shot Mr.. j. III. Afford on Deem.
Der goth, III Raleigh, when Bynum was
in q drunken state.
Neatly dressed in new clothes. with
a black cravat, and polished shoes,
clean shaven and hair parted nicely,
Raymond d. Bynum at 2:30 o'clock
was carried into court yesterday. and
but for the, fact that his identity was
familiar, there were no facts about his
appearance that would indicate that
he was a murderer. There was moth
ing criminal in his countenance, his
soft gayish eyes expressing kindness
rather than blood lust, and except that
there was expressed in his eyes a deep
consciousness and heavy weight there
was nothing interesting in his appear
ance. Color had returned to his face,
the jersey sweater had been replaced
by a gentlemans apparel, and al
though there was little enlightenment
or intelligence depicted in his face,
neither was there the expression or
brutality that was painted on it nearly
three months ago by the demoralizing
power of liquor. Bynum was accompa-
MED to the court room by his cousin.
Mr. Bart Calling, of Raleigh.
Col. T. M. Argo. of the defense, adj
dressed the court and said that the
homicide was committed on the 18th
of December. and the prisoner was
arrested on the End of January and
placed in the Wake county Jail. There
he was attended by physicians. as he
suffered an absolute mental and ply
steal collapse. On account of his con-
dition his attorneys were unable TO
consult with him. A true bill was re-
turned against him at the January
term of court. but his condition was
such that medical treatment was still
necessary, and for long time he was
in a complete state of nervous prostra.
ton Before he recovered sufficiently
to advise with his counsel, the jail was
quarantined on account of smallpox.
This took place about the middle OF
February and made it impossible for
Bynum to render material assistance
to his attorneys. During the latter
part of February the smallpox broke
out violently and a virile case was TAX
en- out three weeks ago, the man being
carried to the pest house where he has
not yet recovered. People were afraid
to go into the Jail and the counsel
for Bynum was unable to prepare his
case. During the past few days only. if
at ALL have the physicians ceased to
administer stimulants to Bynum, and
until that time it has bee neces-
sary to give him whiskey. to prevent
his having delirium tremens. On ac-
count of these conditions. the defend
ants counsel knew nothing of the
merits of the case, except what they
had heard on the outside. In
conclusion Col Argo said that the trial
would be of enormous gravity to By
mum, and should therefore have time
to prepare his case. He then made
motion to the effect that the case be
continued to the July term of Wake
Criminal Court.
Solicitor Armstead Jones stated that
the continuance from the last term of
court was made on the grounds that
the defendants counsel had not been
possessed of sufficient time to prepare
their case, and since then the Jail had
been affected with smallpox. He was
aware of the fact that a person had
been taken from Jail having small
DOA. lie DIdte was ICcIONs 1C OcliN
for the trail, and could go to trial
without any difficulty whatever. If
the continuance was made he contin-
used, it must be on the motion of the
defendant alone.
Col. Argo answered:
Mr.. J. n. Holding, of counsel for the
State, said the smallpox matter had
been mentioned to him several weeks
ago, and he knew that people were
i a. s,,k- sofI hn
said, would not risk the danger OF
carrying the smallpox home to sub
ject his family to the disease, and the
same was true of Col. Argo He too
said that the January continuance was
made solely because BynumS counsel
had not had time to prepare their
case. He was unwilling to yield on
the excuse of the mentality and physl-
cal condition of Bynum as stated by
Col. Argo, and urged that the court
pass upon the merits of the argument
based on the fact that smallpox had
prevented the prisoners counsel from
preparing their case.
Judge Neal asked the deputy clerk
if the statements made by the counsel
were correct.
Clerk Royster replied that two
weeks ago he had stood a man in the
hall to take his bond fearing con-
Judge Neal said the court being in
formed by Bynum's lawyers that he
was indicted for capital felony with
out being given a chance to prepare
his case, by comforting with his Coun-
sci, and through his counsel the mo-
ton was made and the case was COLI
tinued until the July term, the pris-
oner being femanded to Jail. He asked
for suggestions as to the day in the
July term on which the case should
be called.
Mr. Jones suggested Friday, 9nd Col
Argo objected, and Judge Neal finally
put it on Friday on motion of tie
State.
Calendar.
The petit jury consists of the fol-
lowing members:
p. A. Sorrell, A. ]. Sorrell, A. T.
Beavers, f. e. Weathers, A. c.. Burt
John w. Horton. w. B. Dunn, j. fl
Jones. F. |. B. Pace, j. w. Penny, j.
n R9lIpnfipR