The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-07-23

habeas corpus was peculiarly graft
fving The Injunction which Is eN-
pected 10 issue is awaited with more
Of curiosity than Of apprehen5Ion
Verdict of tho jury.
Argument Of counsel consumed the
morning hours and Mr.. Thorn began
his speech in the afternoon at twenty
minutes Of three, concluding At hall
past three. The charge Of Judge
Oug occupied perhaps 4 half hour II
was about four when the jury finally
took he case. In his charge the judge
confined himself to a statement OF the
act under whic the Indictment was
brought and the facts in the case, with
the exception of the statement
that the court had jurisdiction
Of the natter involved exclusive
of any other court and that. in the
declaration OF . crime. the Legislature
was the sole authority.
When the jury retired some small
erist Of court routine left over from
the docket occupied the court. The
crowd. expecting an early verdict and
unwilling to miss the scene of the
jury's return. remained in their seats.
In the meantime the grand jury came
in. finding county and court house al
fairs in good condition n recon-
mending improvements to the court
building in line with Judge Longs
iFN'Iit ~
the thanks of the court and soon af-
ter the Jury in the railroad case APP
pearcd. This was at 4:26.
In a deep silence Foreman Crowdnr
gave the verdict as to both OF the de-
fendants-Green and the Railway
Guilty"
Solicitor Jones announced in answer
TO q query from the bench that no
other Indictments against Mr. Green
would be taken UP At this term.
Mr.. Busbee then moved for an ar
rest of Judgment in that the defend
ants and cach of them. relied upon
the motions already set forth to quash
and as to the Southern Railway. espe-
ciaIlv. because, under the law ot North
Carolina. il was guilty of TO
Ofenee.
II was further moved II arrest Of
Judgment that the matters and things
set forth in the Indictment under the
law of North Carolina do not coasti-
tute a criminal Offonse.
Further. that there was a misjoin-
Ger Of cunts against the separate de-
PENDANTS. both of them not having
been included in any one count, but
indicted severally,
The motion was denied and the de-
PENDANTS excepted.
Judge Long: 81 ask counsel for the
state whether they know as a fact
that the defendants have been selling
all over the State of North carolina .
Mr.. Jones replied that that was his
information.
Then. said the judge. unless it was
c~ontroverted by defendants counsel.
he would assume that that was a fact.
II Question With Mr.. Green.
Judge Long then stated That in re-
gard to the indictment of the agent
Green it appeared that he was q
, worthy young man in the enlploy of
the company and acting under tho
orders Of his superiOrs. It was very
commemorate in him to act under
the orders OF his superiors faithfully
provided his superiors were not vic-
lating the law. but if he Joined them
in violating the law he would reCeS-
sarilv have to take the consequences.
He did not want to punish the young
man if it could be avoided. He WouIc
take it for granted that he was a
Young man of character and would
give him his choice.
We would enter a nominal fine, said
Judge Long provided he pay on the
spot, the understanding being the 9th
er Indictment might go. provided he
did not again violate the law.
"NOW. Mr.. Green" said the Judge,
"if you want TO obey the laws Of the
land enacted by the supreme authority
in North Carol ma, the only authority
in the State that has the power to
say what crime IS. you al do SO. The
court does not say what the law is
It constructs it, e1pounds and applies
it. You can SO quit in short order
by paying SO into court. I war; yoU
if you say you will continue to V o.
late the law Of the consequences
On a suggestion of counsel Judge
Long said: y will give you time &c
deliberate you are the mar
who will have to sweat"
Mr.: Green: I'd like time to de-
liberate."
It was suggested tina he nave unit
tomorrow morning. Too much
sa d Judge Long.
Finally it was agreed that the mat
ter Of sentence should go over unit
$50 O'Clock.
MFR. Green Comes to Time.
At fve-thirty o'clock Mr.. Greer
was not in court but counsel. through
Mr.. Pou addressed the Judge.
Mr.. Pou: This is a very seriou.
matter. Mr.. Green wants ten min
utes more"
Mr.. Busbee: His occupation and
livelihood are somewhat at stake.
At 5:55 Mr.. Green came into court
Mr.. Pou: Now, may it pleas
your Honor. Mr.. Green states that h.
does not hin that he has committed
any moral wrong.' His motCcr, al
aged lady. was in bad heath and th'
further continuance of the MATES
might cause her death. That 6eins
so, said Mr.. Pou. and protesting. ant
accepting the condition tina he ceas'
to sell tickets, the defendant pray
the fine"
Not So Light on Southern.
AS to Mr.. Green Judge Long stated
that it was a great qualification U
MIN not to have to impose sentenc'
on one merely acting under orders
He a never seen Mr.. Green befort
unless. possibly he had bought tick
cts from him. All the other indict
ments would be mol pressed at tn
next term of court.
Mr.. Pou: He will sell no more tick
cts"
Judge Long: Now with regard t
the Southern Railway
Mr. Justice stated that it was com
mon knowledge that the Southern ha'
not only been requiring all agents I
5 sell at the higher rate but had beer
defying the jurisdiction of the court
? as we'll. He thought that the penalt
ought to be so severe as to make then
E obey the law. If they would max
: the statement that they would commi
l no more violations, he would not as
a severe penalty.
NJ D-rbao S+otad that fLa car&Lz-