The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-20
general laugh at the expense Of Mr..
Justice,
ToKNIER JUDGE AVERY
DEFENDS AGENT GREEN

OhNEf JUDGE ~ NElt1
DEFENDS AGENT GREEN
Ex-Judge Avery spoke thirty min
utes in defense Of Agent Green. He de-
clared that he came not before the
Jury to talk Of war on States rights
and innovations in conflicting processes
that might be brought into play. These
have nothing to DO With the issues
before the jury.
Forty years ago he fought at Ma
Eassas and on other batolefieds for
States rights. He was a States rights
young man. "We of those days arc
not the men to sniff the hattie now"
| said he.
After all these years of professional
and judicial service he had given the
Federal court he was sure the course be-
/ ing pursued by the defense was in no
/ way an invasion Of States rights as
scompared with the rights of citizens.
individual or corporate. He held that
| Green was not guilty.
Ex Governor Aycock took the ground
that the state is standing squarely on
| its rights. The railroad business is
| quasi public and the State$ and ma ton
have the right g regulate it, She ma
! ton to fix Interstate ratescSand the
State, to regulate rates within the
! bounds of the State. This is wha.
j North Carolina has done. He declared
Il that States rights are not extinct, but
came out of the Civil War very much
/ intact.
"PooR ROADS OBEYINGt
RICH ROADS sDEFYING LAW
:. I'VE have a remarkable spectacle
. the poor roads are obeying and the
rich roads defying the rate law of tho
:, State. Law Is supreme in North Caro-.
lima, and every one, rich and poor
! powerful and weak. must in the enc
obey and pay the consequences Of re,
: sistance"
The afternoon session of court began
!. at 2:30. General Counsel a. F. Thom
of the Southern, began the CONCLUDING
? argument for the defense, contendine
that the State had failed to prove
, Agent Green guilty OF selling the tick
. ct in question. And that the Southern
! vas not guilty of any violation, be-
ticket was an additional value to com
e pensate the additional charge. He re
: viewed the whole course OF the South
;, ern In the litigation to prevent the en-
e forcement of State rate act, arguing
4 that no other course was open to then
e in the exercise of proper regard
= the interests of those who had tn
= money invested or of those who mus
. have facilities for travel or transpor
!, ltation OF freight The whole matte
: was. he insisted being adjudicated Il
!, another court Of competent jurisdic
. ton.
: JUDGE LONG CHARGES JUIlYy
VERDICT IN HALF-HOUI
4 He appealed for the exercise of rea
son and the return of mot guilty
verdict.
Judge Long proceeded at once wit
the charge to the jury, this requiring
: about half an hour. taking the posi-
ton that II the Southern was selling
I tickets at more than the rate prescribe
: in the Legislative act, 1t was guilt
OF a misdemeanor. particularly In tn
: sale OF the ticket in question; and
s. that ticket was sold by Green. then h
was guilty. He read the bill Of ndict
ment, but not the evidence. The jur
Yl was out half en- hour, and at 4:4
}, o'clock filed back. returning verdicts c
!, guilty as to both defendants,
- II. Fl. Busbee, for the defense, move
az an arrest Of Judgment for reasons 81
= out in the motion to quash the bi
10 during trial and especially for tn
~ Southern, on ground of not bein
:, guilty of dny criminal act when fir
"a penalty is prescribed. and on otht
- technical grounds. The motion was q
:, MED, aud the defendants excepted. y.
- Justice, OF the prosecution, brought
a, tho attention Of the Judge that IL
/. Southern Is violating the act In all Il
no stations 1t has In the State.
o. Addressing Agent Green. Judge Lor
Il said that he was evidently a. your