The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-23
No Process From Judge Pritchard
; to Interrupt Trial
Defense Reserves Right TO w lth-
draw From Hearing at Amy
Time - Judge rritchard VIII
Take Action III Green L. Found
Guilty and Imprisoned.
Especial to The Messenger

IAN - w.
M. train today from Asheyille, but no
process OF any kind issued from aim
to interrupt the trial of the Southern
Railway Co., and Agent T. E. Green
for violation of the North Carolina
rate act, pending in the Wake superior
court before Judge Long.
The prosecution of the Southern
&nailway Company and Ticket Agent
Green has today been conducted with
out interference from the federal
lsoourt to the point of all the evidence
in and an agreement reached
; BY ~contending cOunsel that argument
shall begin at $50 tomorrow morn
ing, when two attorneys are 10 speak
on each side half hour each.
Judge Long convened Wake court at
at 10 o'clock and directed that the trial
proceed. Counsel for the Southern
procured the addition of a great num-
Der Of affidavits in connection with
their pleas of jurisdiction as between
the state and the federal court. being
a%ffidavits that were presented Judge
Pritchard in procuring the original in
junction proceeding against the cor
poration commission and other state
officers. At the request Of counsel for
the prosecution all affidavits by the
state in the same connection were also
made a part of the record.
Judge Long directed that the selec-
ton of the jury proceed and it was un-
dertaken in a dilatory on the
part of counsel for the defense, there
being evident a play for time.
In fact, in entering on the trial T.
H. Busbee, for the defense. stated tina
general appearance On the part of the
defendants was only made in order
. uat the trial might proceed for the
time, the right being reserved to With
draw from the hearing at any time. All
! manner of questions were asked the
jurors to impeach their qualifications
to serve, including the question OF
their having read the Raleigh morning
paper of the recent published interview
of Governor Glenn regarding the
necessity and justice of the prosecu-
ton of the defendants.
The WOrning session was taken up
with selecting a jury and testimony
for the prosecution proceeded during
the afternoon This consisted OF
proving the sale of tickets at unlaw-
full rate, the Southern making the
point hat tf sale included the rebate
coupon as a special contract obvlating
violation. The presence of Judge
R~itchard of the U. S. court raised
Hense interest as to any interve1-
ti2,n on his part. He held conferences
IA the federal court ofrce with general
counsel Thorn and others OF the
Southern Railway and left on the al
rnoon train for Ashevfile without
issuing any process or making any
move in the case at all. 1t seems
Settled that the cases will proceed to
conviction and sentence. Habeas
corpus or other process may issue in
the event of imprisonment.
Col. w. B. Rodman went with
Judge Pritchard on mis- return to
ASllcN lie Ills dIICI ~ ~ ~Nf
posed to be Asheville bound
to have Il part in the movement to
prevent the enforcement Of the
county roads chain gang" SEN
tence imposed in a similar case there.
When the jury was completed Gen
eral Counsel Thorn for the Southern
asked the court to quash the motion
pending to push the Indictment as to
0iYthern Railway on the ground. that
> 70 crime could be chaI xsd to the
Southern under the statute since he
act expressly prescribed that railway
corporation failing to sell tickets at
"a cent rate should be liable to a
money penalty Of $500 cash in eacn
Gaso and additional criminal indlct~
l9nt not 10 apply.
After a lengthy argument Judge
Long o~verruled the motion reserVlng
his right to take # up and pass finally
later in the proceeding in a QUESTION
property presented.
The court took recess to three
o'clock. By the the the Iiry had
been empannelled it lacked only ten
minutes OF the tinIc toI the court &c
take recess for dinner. The bill Of
Indictment was read by the solicitor
and the recess followed, the judge
charging the jury at length to not
discuss the case Or. read any news
papers rs to the matter.
The taking testimony for the pros
ecution began Immediately on recon-
vening Of court. ", e. Jones, Of
Cary, who had purchased a ticket on
(which the Indictment is based, said
prisoner, Green, had in person sold it