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


tn>i~ae~i Tha. ,he F1rss C.-~ oes,-
( pistns.i of u. T.kea Up Fsr~s. N
f They Had Their Witness rr~~-as
fur That csse--sics,oa Was H.
/ nIesi--Notioa hy D~f~n~~ to Coa-
~oIislate Cass~ Also Denied
tAndrew Ioyner in Raleigh Sewa and
Observer
| Greensboro. - q. March 3t-Aii
| parties aud a,tornera we're presrnt Ga
the Superior Court when at s.ss
| O'Clock Solicitor Jones Fuller in Guil-
ford Superior Court this morning
called the ease % State against
| Marion Batlrr aud Lester r. Hatler.
under indictment for alleged criminal
libel OF ex-Judge Spencer Il Adams
Sitting beside Judge Adams was
Judge Weaver Of Ohio. who vas one
tawChickasaw Indian Claims Court.
of which Judge Adams was Chief
Justice, Another distinguished Wit
ness for Judge Adams was United
States District Attorney Walker Of
| Oklahoma. -
The lawyers grouped around the
| Solicitor and prosecuting the case
for Judge Adams were c. NJ steA-
man. 4. NJ Cooke. G. s Bradsher. OF
| Greensboro, and ]. a Long OF Ora
| ham.
The defendants. ex-Cnited States
Senator Marion Butler and his broth
er. Lester T. Butler. were present.
sitting besides their attorneys. ex-
Judge w 5. orr Robinson. OF Colds
boro. T.. J. Justice and Z. ID. Broad
hurst. of Greensboro.
Solicitor Fuller announced that the
State was ready in Number 62. State
against Marion Butler and Lester
Butler. Mr. Justice, for the defense,
stated that the defendants had pre-
pared their case on the presumption
that the bill of Indictment alleging
libel IN the publication OF the first
article in the Caucasian of April Tth
would be called first. and had their
witnesses here orr that assumption.
There were four separate indictments
one four April 7th. one of April
r23d. and 24th on later date. The
defense had, of course. he said. pre-
pared It's case on the frs. charge.
which was not embraced In No. s2
Judge Long said he had no control
of the Solicitors docket. He knew
nothing about the bills OF indict-
ments, but he did know that II the
Solicitor called a particular case. the
defendants would have to answer or
show cause why they were not ready
for trial
Judge Robinson, for the defend
ants, stated that the defendants had
been misled by the numbers on the
bills Of indictment. presuming that
the first case tried would be on the
T. indictment charging the first onense
and had prepared their case under
. this impression. Witnesses In the
other cases were not present He
said the defendants did not like TO
ask a continuance, since they were
: anxious to try. Judge Long said that
: defendants to get witnesses here now
5 He was due at another court next
r Monday. and this case would have 10
be gone into now, or good reasons
@ for a continuation shown.
Il After brief conference between
: the defendants and their attorneys
g Judge Robinson reiterated his former
4 statement that defendants were fuiiy
8 prepared TO answer the Indictment
relating TO the first publication OF the
; alleged libel of April 7th. but wers
s not prepared TO answer the indict
: ment in No. G2. Counsel for ths
a prosecution demanded an afidavii
d setting forth the reasons for asking
d a continuation. Judge Robinson In
d sisted that defendants did not like Il
T be placed In the position OF asking
d for a continuance. but were anxioui
S to be tried under the bill of indict
3 ment they had summoned their wit
!. nesses here for.
e Defense Files AFFIDAVIT.
Solicitor Fuller insisted on trylni
No. G2. The defendants were per
mitted time enough to prepare an af
fidavit. and after half an hours inter
mission. the following afidavit wa
filed and read by Mr.. Justice:
n Lester F. Butler. being duly sworn
says that when ne and his code
fendant. Marion Butler. came 10 pre-
pare FOR the trial Of the cases agains