The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-15
Six Nc nths Each For ( M
braCery.
Continued from page five.)

twisted to look at the defendant crit
ically. Mr.. Rogers had slipped back
deep into his seat and was again tear
ing UP the small bits of paper. His at
titude was exactly the same as it had
been during the afternoon.
Judge Allen spoke again: There is
one matter very different in the case
of SorreIl and that of Rogers, he
said. THE defendant Sorrell held out
what was equivalent to an offer of
money to the Juror Maroon. There
was nothing of that sort in the evil
dence in the case of Rogers. The
Judge paused thoughtfully. He spoke
in a low voice and with sadness:
Then there are the families he said.
ut is always hard to think that the
families must be punished when sem
tence is passed.
1t was on that note of sorrow for
the old men, full guilty. dupe of fool
ish partisanship, or tool of worse men,
as the case may be, that their SEN
fences appealed to those who heard
them rendered.
Mr.. HoIden's Appeal.
The embracery matter was called
Immediately on the conclusion of the
Judges charge in the case against John
OKelly. When the defendants had
taken their seats, Mr.. j. n. Holding
arose and stated that the defendants
having made no fight against conVlc-
ton, he desired to present some mat
ters to the court before sentence should
be passed. He then asked that no
punishment be inflicted on his clients
in the embracery cases beyond the
payment of the costs on the grounds,
first, that thirty days before they had
been sentenced to the Jail for thirty
days by Judge Moore and a fine of
fifty dollars imposed upon them on
the same facts on which the present
charges were based When Judge
Moore announced his judgment, he
stated that counsel had given notice
of appeal and bond had been fixed by
the Judge. Mr.. Rogers, however,
brave and an honorable man, however
guilty he may be of indiscretion, had
stated to his counsel that he desired
no appeal taken He had told them
that if they would not withdraw the
appeal he would. He had stated that
Judge Moore was riding the district
and he was willing for him to judge
of his conduct; that he for one would
not appeal. Counsel wanted the de-
PENDANTS to take an appeal so that they
might have time to work their crops,
but Rogers would not agree to it, nor
would Sorrell. Rogers stated explicitly
that if counsel would not withdraw the
appeal he would. That was not the
act of a hardened man, said Mr.. Hol-
den. The great body of the people
did not believe that RACERS acted cor
ruptly When the time came for him
to serve the sentence he had said no
to an appeal. II believe Judge Moore
is an honorable man." said he, land
you can't take an appeal for me.
That he considered to be a, remark
able action--a man in the clutches OF
the law and sentenced for contempt
refusing an appeal. Judge Moore had
realized the meaning of that action
and had stricken off the fine. 1t was
no trick on the part of the defendants,
but a sincere desire on their part to
Weld to the judgment of the court. 1t
was the action of brave men and hon
orable men.
In the second place. said Mr.. Holden,
it must be remembered that every one
who knew the defendants stated that
they had been brave Confederate SOL
diers. OF course if Confederate sol
der broke the law. he should be pun
ished but the fact was one to carry
weight They had been brave in war:
they were brave as citizens. There was
no drawer or truer man than j. r.
Rogers to his friends. He referred to the
fact that Notwithstanding the incident
that he had been an active Republ-
can, he kept the respect of all classes
of citizens; Notwithstanding the mem
cries of many hot campaigns not
Democratic office-holder in the county
would refuse to do all he could for
him. Notwithstanding his indiscretion,
he declared that nine out of ten men
in Wake county would desire to sec
him set at liberty. thinking that he
had been punished enough. They
would come on request and say that
they thought he had been punished
sufficiently. Mr.. Holden stated that
he knew the court was not guided by
public opinion but he urged that the
fact of the defendants desire to yield
to the judgment of the court should
have great weight. A hot jury fight
might have acquitted Rogers he de-
clared, but he had said mo" He be-
lieved in the judge If the judge
thought he had violated the law, he
was willing for him to say so.
He referred to Mr.. Rogers losses
while sheriff of the county through the
failure of the State Bank of Raleigh,
and the struggles he had since ex-
perienced. He declared him to be
fanatically loyal to his friends
He referred to statement of
lawyer as to claim he had once
received against Mr.. Rogers. The
amount was 1910. The attorneys
clients insisted on immediate suit. To
sue before magistrate the attorney
threw away the $40 and got judgment.
In the fall Mr.. Rogers came to see
the lawyer and insisted on paying the
$40 balance, although there was no
legal obligation for him to do so. A
man who acts that way. he declared,
has an honest soul and honest princi-
pies
He was commanded by Mr.. Rogers.
said he. to state to the court that he
believed that he alone had Influenced
Sorrell to approach jurors. If there
was to be sentence, he desired the
term OF Sorrell to be added to that of
his own. He felt that what Sorrell
had done, he did out of friendship for
him and he did not wish to be the
cause of his further suffering. Sorrell
was an aged man. He suffered from
rheumatism. He had a stiff leg and
a painful affection of the heel, which
had caused two operations. He had
a wife and three small children in
the country with no one to look after
them. Mr. Holden then read petit
ton from DIR. S. p. Sorrell, a kinsman
of the defendant. stating that he did
not think the defendant acted cor
Ii al