The Caucasian. (Clinton, N.C.) 188?-1913, 1909-04-29


the bills are not numbered according |
TO the cases on the docket
That these defendants did not un-
derstand from any entry on the bill
of Indictment or otherwise that the
bill in Indictment in case No. 81.
That they did suppose that the bill
charging the publication OF April Z.
1908. was the bill In case No. 81.
and that for this reason they pre-
pared for trial In what they sup
posed was the first case; and under
what they supposed was the first bill
OF indictment.
LESTER F. BUTLER.
Sworn to and subscribed before me
this 31st day OF March, 1909.
ERNEST CLAPP. C. 8. C.
Solicitor Fuller insisted that these
bills were all found at the September
term, and the cases set for peremp-
tory trial to-day after several con-
tinuances. The defendants were in
duty bound to have their witnesses
and evidence ready IL they had any.
In the case OF witnesses beyond the
Jurisdiction of the State, defendants
had the right to take dispositions. and
the absence OF such witnesses in per-
son was not a legal cause for con-
tinuance.
Mr.. Justice contending that de-
PENDANTS were ready for trial In the
first case, but were not ready in No
60, which charged libe1lous publica-
ton on April 23rd, spoke at length
as to the materially of the evidence
of Joins who, he said, was on his way
from the West to testify in person in
No. 62. He related the circum-
stances of the whole proceedings in
the Indian colonies cases to show
wherein Joins would be a material
witness.
Mr.. Long, for the prosecution, in
sisted on a trial, and said that he was
out West when defendants were TAX
ing dispositions, and that at one
point, Joins was in the town and de-
PENDANTS did not dare put him on the
stand.
Judge Robinson said it was true
Joins was in the town when the dep
ositons were taken, but his deposit
| ton was not taken because Joins had
consented to come to Greensboro to
testify in person, and was now on his
way here, the defendants not think
ing the cases would be called out OF
| their order.
| Judge Long said the only question
he could pass upon was that OF
laches It appeared that defendants
had exercised diligence in the mat
ter of procuring evidence and that he
would prefer before making ruling
that the Solicitor would state If the
State could not take up one of the
other cases.
Fuller Insists on No. 81.
Solicitor Fuller stated that the
State had prepared to try No. 60, ant
should insist on taking that up.
Mr.. Justice then made a motion
that the four bills of Indictment b.
consolidated He said they were al
against the same defendants and al
involved the same point of an ALLEGED
chief of official corruption.
Judge Strudwick for the prosecu
ton, said it was plain that the aft
davit of defendants for a continuance
of No. go, was insufficient, and sine
the Court had said the Solicitor hal
control of the docket, and the Solicit
tor had insisted on taking up No. SO
the only question now was, shoul,
the case be tried or not, and this mo
ton for a conlidation was out of or
der until the question of trying No
90 was settled.
Continuance Denied.
Judge Long denied the motion t.
continue case No. 62 until Join
should arrive, stating in his ruin
that it appeared from admissions O
one Of defendants attorneys that tn
witness Joins was present when depo
sitions were taken and his was no
taken.
i Mr.. Justice, for the defendants, re
Inewed his motion that the indict
ments be consolidated
This was opposed by attorneys TO
the prosecution, and Judge Lon
stating it would take time to conside
this question, and he would not Xix
to order a consolidation without con
sent of all parties, and without
careful examination Of the bills of In
dictment, he would take some tim
to consider it, but In the meantime
the case should proceed in No. 6
and the jury selected.
The regular panel was then Gale
over.
Selecting Jury.
The State made only two peremr
tory challenges of the regular pane
before announcing content. 80"
The defendants made four peremI
tory Challenges, out of the eigh
they were entitled to make. Tn
State made one more peremptor
challenge, being three out of the fou
it was entitled to.
!. The jury was selected in thirty-fiv
: minutes. Solicitor Fuller bega
reading the bill of indictment No. 81
at 12:45 o'clock, concluding at 1889
This indictment charges the publ
cation of libellous and false articl
. On the official integrity of Judg
Adams in the Caucasian on April 2:
. 1908, by stating in correspondent
; from Washington that Judge Adam
had made corrupt bargain with on
Gilbert and one U. 8. Joins to decid
case in their favor on conditio
THAT thew ascist IN tho oIoo<,or 80 -,