The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-29

out eX-Judge SuttOns plea or not
guilty of murder but of manslaughter,
deciding that he must plead not guilty.
Court r~econvened at go o'clock the
crowd, having largely increased until
there was no seating room. A small
case interviewed to save time, when
eX-Judge Sutton arose, saying that he
desired to make a statement entirely
personal TO himself, speaking Of know
ing the prisoner at the bar for years
and had always had kindly feelings
for him on account OF this feeling the
prisoner expected him to defend him;
that 10 before yesterday had he seen
the wife of this prisoner and an Officer
OF a fee, 4 very inadequate compensa-
ton in a case of this magnitude, Il
he had asked to be assigned as
sci. In consideration of a paper which
he learned had been circulated among
members Of the bar he asked to with
draw from the case. The associate
counsel, Mr.. J. w. Bolton, arose and
declared that he had not received a
cent in this case and knew nothing
OF being employed except an oral mes
sage. He declared that if the court
insisted on it he would go through
with the case, doing all his duty by
Tom Walker, but under the circum-
stances he asked the judge to excuse
him. Hon. G.. NJ. Rose, the oldest
member of the bar, present, spoke
in avn1o~otioo Of tho - I,,Jro
Sutton spoke further feelingly in de-
Tense on his position, which threw no
blot on his credit as a lawyer. He
again asked to be relieved and also
asked hat the paper assigning him
officially as counsel be destroyed; that
it was an attack on him, that it was
a charge that he was acting under
false p~retense.
Maj. McKethan, clerk of the superior
court, made a statement as to money
in his hands $50, belonging to the pris-
Oner. Mr.. H. L. Cook addressed the
court speaking in the highest terms of
Judge Sutton and Mr.. Bolton. Hon.
j. G.. Shaw stated that he was in
oAAAAON ~ OolASALo1 S1A4SICi11 IIA IllC
latter while at Southport, had receiv-
ed 4 letter from Judge Sutton asking
that the case of Walker be not tried
at this term of the court.
Judge Webb spoke Of the high duty
OF a lawyer to obey the order of the
court when assigned. He refused to
excuse Mr.. Bolton and urgently re-
Quested Judge Sutton to remain and
after further remarks Judge Webb
again directed Judge Sutton and Mr..
Bolton to proceed in the case. Judge
Sutton then asked that time be allow
ed to prepare an affidavit asking for
removal of the case to another county.
The affidavit being presented Judge
granted the solicitor time to reply.
Mr.. Sutton then sprung a surprise on
the cour when, instead of reading the
affidavit, he stated that in consequence
OF what had happened in the morning
and at the dinner recess he and Mr..
Bolton asked to be excused from serv-
ing on the case. Judge Webb, with
out further words, excused them and
assigned Messrs G. G. Rose and J.
Sprunt Newton as the prisoners DUN
sci. Mr.. Rose then laid the unread
affidavit aside, stating that the pris-
Oner could get a fair trial in this
county. Judge Webb ordered the
Heriff to summons a special venire
of 100 men by IL o'clock tomorrow
morning.
Following is the bar protest which
created the sensation this morning
when Mr.. Sutton first asked to be eX-
cused.
To Honorable James S. Webb, Judge
I'VE the undersigned members OF
the Bar Of Cumberland county,
hereby respectfully protest against
the appearing Of record that
Thomas H. Sutton, Esq, was as
signed as counsel in the case of
State against Thomas Walker, as
we are informed by the solicitor
that he had been previously m
ployed as counsel for said Walker,
and had requested the solicitor not
TO try the case at this term Of the
court.
Respectfully,
j. G. Shaw,
Rose & Rose,
"A. S. Hall.
"V. C. Billiard,
H. S Autritt.
Sd T CaShwell.
r. H Dye,
H. l. Brothers,
II. L. Cook,
II. Med. Robinson"
This morning Governor Glenn tele.
gaphed to Maj. c. c. Vann, com
manding the Independent Light In
fantry battalion TO hold his commend