The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-19
All Pleas for Continuance are
iOVerruIed
Trial is Set For TOday-D efend-
ant Taken From Sheriff and
Placed I'm Custody of the Court,
Thereby Vacating Writ of Ha-
beaS Corpus.
Especial to The Messenger. }

Raleigh, July 17.-Immediately on
the convening Of superior court this
morning ex-Gov. Aycock and T. j..
Justice, counsel prosecuting Agent
Green and the Southern, lodged a mo-
ton for the immediate trial, giving as
O reason that there was move on tile
part Of counsel for the defense to stave
off the trial until process from the
federal court could be obtained 10 take
the Jurisdiction from this court. Ex-
Judge A. G.. Avery, for the prisoner,
declared in reply that he was simply
asking time to prepare for the defense.
thing they had as yet had no tine
to do. Z. !. Just1ce, of counsel for the
prosecution attempted to interrupt
Avery in his remarks and was told
by Avery in Il sarcastic tone that he
was not there preparing any material
for the next campaign put solely for
the purpose of defending and maintain
ing the rights of his client
Judge Long stated from the bench
that if it was the purpose of counsel
for the Southern to impede and delay
the court and in the end deny the jul
risdictfon and strive to have the p"is
oner taken from this court by a pro-
cess of the federal court then no time
would be allowed. f. Fl. Busbee, for
the Southern said he would state for
the Information Of the court that h.
had been preparing a plea to be filed
in this court, but as to whether 1t
would be approved and used by me
general counsel for the Southern when
they came together he could not PROM
ise Judge Long said "The question
is, do you propose to recognize the
jurisdiction of this court or will you
seek to thwart the court proceedings"
The answer was that the defense might
after consultation. file a plea as to
Jurisdiction; but no pledge not to take
the case to the federal court could be
obtained
Finally Judge Long announced that
he would call the case for hearing at
12 o'clock, thereby closing the contest
for the present. 1t is understood that
the writ of habeas corpus from the
federal court is expected here from
Asheville at 12:45 this afternoon.
Governor Glenn stated this morning
that reports published that he had
"denounced'' Judge PritcEar0 Of the
federal court for his course in the
railroad rate cases was not true. What
ho hot dc he
taken an extraordinary course by not
allowing the case to 60 through the
channels of the state courts from
which they had the right of appeal if
aggrieved. That with the light before
him he was very much surprised that
Judge Pritchard would issue the writs
The governor says the case is not one
for 'denunciation Or hot-headednnss''
but for deliberatiOn and cool Judgment
in protecting the states rights, and
ecute the state law.
Just before noon Judge Long sum-
moned counsel in the case before MIN
and read to the sheriff a special order
render the prisoner, Green. into the
custody of the court, and direc;ln
the prisoner to remain at the bar ci
the court when in session. This move
is made because it is known that 2
writ of habeas corpus is expected hers
from the federal court at any time
commanding the sheriff to produce the
prisoner before the federal judge, and
the passing of the custody of the pris-
oner from the sheriff would vacate this
writ and no such process could appl,
! to Judge Long while holding the pris
oner in his own custody.
A series Of legal contests, extending
through the day and until late th::
evening, occurred in the conflict be
tween state and federal courts in tn,
matter of the violation of the stat'
railroad rate law and its punishment