The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1907-05-16
Striking Scene in On
slow Court.
Judge Long Brings About Reconcil-
iation Between Two Old Soldiers
Who Had Fallen Out and Come
to Blows Would Not Leave a
Record Of Suspended Judgment
Against One of Them.

Jacksonville, OnsIow Co. Special to Char
| Iotte Observer.
When the case of State VS.. Capps
was called in the Superior court of
Onslow county Il few days ago, there
came forward an old man plainly
dressed, with white hair and flowing
beard, but in bearing every inch a
man, in the person OF the defendant
Capps. The DEFENDANTS counsel not
being present, the professional ser
vices of Hon. Frank Thompson and
Hon. T. NJ. koOice, OF the local bar,
were prOf"red him by these gentle
| men, and being accepted. the trial
proceeded. The charge WIS ii ssault
and battery upon one p. Russ, the
latter being the States only witness
He, bearing the marks of old age,
but yet vigorous came upon the stand
and told how he and his old neigh
bor had falling out and came 10
blows. The State rested its case
and the defendant went upon the
stand and gave his version of the
fight, which was substantially as
told by the prosecuting witness. In
his charge Judge Long told the jury if
they believed the evidence of the de-
fendant himself they should find their
verdict guilty, which was promptly
done by the jury.
Then came the grand climax
Judge Long called both of the old
men up in front of him within the
bar, and speaking to the defendant
said: "IOu are an old soldier, per-
haps.' Yes said he, 81 am sixty
four years old. | was a member of
the Bird n c. State troops during the
civil war. | was at the battle of
Charlottesville. | remember the
charge made on that memorable
day" "My brother" said Judge
Long, was killed in that charge"
Eyes" said the old veteran, his eve
kindling as he seemed to live over
again the events of that terrible on
slaught Eyes, remember the young
soldier, falling with the battle flag
in his hands at the foot of the enemy's
breastwurks which we Immediately
captured. | was one of the soldiers
that bore the body of the wounded
Stonewall Jackson Off the field, where
he was shot down by mistake by his
own troops"
"Were you in the WARP" asked
Judge Long of the prosecuting wit
ness. The old veteran stood at "at-
tention," and promptly replied: 81
was a member of the old 18th Regi-
ment." "How old are you?" asked
his Honor.
Il am II years DID," said he.
Judge Long then with voice trem-
ulous with emotion, said: "Old
veterans, the war is over You should
not fight each other. One in this
case is just as guilty as the other
Only one, however, is Indicted"
Turning to the defendant, Judge
Long said: 81 shall suspend no
Judgment over you. When you leave
this world to join your comrades on
the other side, not at my hands shall
a suspended Judgment be on the
records of this court against you"
Then looking the old veterans kind
Iy in the eye, he continued: "WOn't
you two old veterans shake hands
and be friends?" For moment, like
two old prime game cocks, they
faced each other, but for only Il mo-
ment; the spirit of reconciliation set
in motion by the kindly words of
the Judge stole over and wreathed
those old battlescarred, wrinkled
faces with the smile of comradeship
and brotherhood; in pathos of deep
silence and with mighty hand grasp,
these battlescarred heroes looked in
the face of each other, while tears
trickled down the faces of the i'm
mense throng that crowded the court
room.