The Birmingham age-herald., 1907-07-18
AIM ID |MPEACH
 STATE WITNESSES Defense Submits Testimony in
 Lynching Cases JUDGE VERY INDIGNANT
Publication of an Article Relative to the Character of the Man
 Lynched Is Declared to
 be Contempt of Court.

Charlotte. N. C., July 17.-The defense in the case of twenty citizens of Anson county charged with the lynching of J. w. Johnson at Wadesboro. the night of May 20, 1906. now in hearing in Union county superior court began today the testimony in an effort to impeach the evidence ef witnesses f5r the sta,e.
 Several witnesses testified in refutation of Sheriff Bogan's testimony that the sheriff had stated to them that he did not recognize any member of the mob the night of the lynching. Began stated on the stand that he had given evasive answers to several inquiries as to his re cognition of the lynchers for reasons of personal safety threats having been free ly made against states witnesses prior to the first trial.
 c. C. Moore, register of deds for Anson county and several other of the defend- ant chief witnesses admitted relation ship in local paper numerously signed, published after the lynching, setting forth the bad character of the man who was lynched. Judge Peoples after dismissing the Jury from the court room stated with great feeling and emphasis that the pub lication of the article mentioned was high contempt of court and that every one of the signers of 1t should be pun isned.
 me defense has over fifty witnesses and several days may be required for the examination of these.
 Anti-Lynching Act.
 Inc men on trial were indicted un- der an anti-lynching act passed by the legislature of 1893, the first adopted by a southern state. It provides for trial of indicted persons in an adjoining county 10 that in which the crime was commit- ted, but the law omitted provision for punishment for the crime. At the first trial of these cases in Union county, the adjoining county to Anson. last July, the defense moved to quash the indictments because no punishment was provided. and also that trial in another county was un- constitutional The court ruled that the crime could be punished under common law of manslaughter but allowed the other motion. The suprem court ruled that the act was unconstitutional and Governor Glenn called the present special term of Union county court to try the case
 Three of the defendants fled from the state and have not been appreh ended If convicted the maximum punishment under the common law Is twenty years Imprisonment.
 The morning session was spent By the defense in introducing witnesses to testify as to the character of the states witnesses. Nineteen prominent business men testified during the morn ing, most of whom gave the state star witnesses. r. T. Kendall and eX-SheriH Began. bad characters. They testi- fled that Began had repeatedly said he did not recognize any members of the mob. They also testified that Kendall had told a number of people he was not in the lynching party and did not know anybody who was. Kendall is one of the men who turned states eTi- dence and who yesterday said he recog nized Jones in the mob. The stiN> scored a point on cross examination by proving that most of these witnesses were either related to the accused men or were unfriendly toward Began and Kendall.
 At the afternoon session more char acter witnesses were alled.