The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-26
HAYES NOT TO HANG
Supreme Court Grants
Him a New Trial.
Other Decisions Handed Down IeSteT-
day and the Appeals Set For
Hearing From Next
District.

there was no case of any public in
terest. except that Of State VS. Hayes,
from Robertson, in which the defend
ant was under sentence of death for
criminal assault on one Mary lnman.
The Supreme Court granted new
trial on technical exception as TO the
refusal OF the court below to permit
the ATTORNEYS for the defense to bring
out from the prosecuting witness the
contents OF q letter written by her To
the defendant on the day following the
alleged assault, the purpose being to
show from such letter the consent OF
the rrosecutriX. The Supreme Court,
in addition, strongly minated that
there WAS not SUFFICIENT evidence TO go
TO the Jury, the language used being as
follows:
Upon a careful consideration Of ali
the testimony in this case. while 1t
may be possibly sufficient to be sub
mitted to the jury, we cannot refrain
from expressing the hope that upon
another trial, inasmuch as the prison.
er's life is at stake, the state VIII be
able to strengthen the case made out
on the first trial, ii verdict OF guilty
of the capital felony should be insist
ed upon by the solicitor In this con-
nection we Will call attention to the
language OF Sir Matthew Hale, in ms
pleas of the crown, Vol. 1. page 635
1T is true, rape is a most detesubie
crime. and therefore ought severely
and impartially to be punished with
death but it must be remembered
that it is an accusation easy to be
made, hard to be proved, but harder
to be defended by the party accused,
though never so innocent
The case Of Hayes was tried at No
I,er.
Court of Robertson county and a read
ing of the record causes wonder either
that the jury should have been per-
mitted to pass upon the evidence or
that q verdict of guilty should have
been rendered The evidence, which
was most revolving, showed concluS-
lively from the testimony of the pros
ecuting witness that she continued to
associate with the defendant several
DAYS after the alleged commission o.
the crime: that she received visits from
him alone, with the knowledge of her
mother who was aware of her rela-
tons with the defendant, and that she
had fully condoned any offense that
might have been committed.
There appeared in the Supreme
court on the argument last week
Messrs John d. Shaw, Jr..
and r. e. Lee. for the defendant
and the state was represented
by the attorney general. The case was
heard in the court below by Judge
Ward and the opinion was written by
Justice Brown. saaa
n. C. Home Wins Decision.
Rounsavile VS. Insurance Company
was an action against the North Caro-
lima Home for the burning Of stCr-
age house the claim being based upon
an alleged contract OF insurance with
,,fl,p oIa frr tn
the policy in any company and it was
shown that the agent had ceased to
represent the defendant at the time.
In addition, there was evidence tina
the agent had assumed personal re-
sponsibility for the loss and that the
plaintiff had sued him and obtained
Judgment. There was non suit againsl
the plaintiff in the lower court and
judgment WIS affirmed in the court
above.
As to Ferries.
An act passed several years ago by
the Legislature came up again on ar
gument as to whether it conficted
with article Z, section 2 of the Consti
tuition in the case of In Re Spease Fer
~, in which the act prohibited any
ferry within one and one half miles OF
the ferry in question. The plaintiff
held that the location of ferries was
Il matter solely within the hands of the
County Commissioners. The Supreme
Court, however, held that this was true
only in the absence Of special legiSla-
tive enactment.
In Whitaker VS.. Whitaker, from Sur
ry, it was held that grandchildren are
not relatives within the meaning of
the rule that services in sickness can
not be recovered for except in the case
OF specific contract. The Whitaker
a hi lp IN
in his last illness and sued the cXecu
tor for services. A jury gave them
verdict for half the amount demanded
and the court further held that the
verdict, having greatly modified the
amount of the bill, was a justification
of the delay Of the executor in making
payment hence the Plaintiffs were
taxed with costs.
Suit Over spinning Jenny"
Parker vs. Fenwick. from Forsythe.
was a case III which the plaintiff sued
on a chattel mortgage on a merry-go
round sold to the defendant The
questions presented were simply those
growing out of the construction of a
contract from various letters passing
between the parties. Mr.. FenWick was
at first delighted with the SPINNING
jenny and stated that the shooting
gallery was bringing out the best peo-
pie in town. The best people seemed
to have tired of Workmanship, how
ever, or to have perfected themselves
in that useful art for receipts fell
away and Mr.. Fenwick kicked. The
jury below found with him for a coun-
ter claim of some nine hundred dol
lars but the Supreme court held that
he had ample time to have discovered
the defects in his purchase before he
put in his counter claim after suit--in
parliamentary language that he
"suealed too late"-though that was
not the way the court put it.
Decisions and appeals Set.
Appeals set. cases argued and list of
yesterdays decisions follow:
Appeals from the Thirteenth Dis
t1icf will he called nnvt rr11nc6n,t RTnr