The gold leaf., 1910-07-14

Statesyille Landmark.
The Charlotte Observer, which Is
doing noble service in behalf OF law
enforcement, especially in behalf Of
the law against murder, sees hope for
a turn in the tide in the disposition
of the case Of f.. +. Powell, the Scot
land Neck murderer, who. nOtwith-
standing the ground for an insanity
plea accepted a verdict OF murder in
the second degree and was given the
full penalty OF the law-3O years in
the State prison. Says the Observer;
"The result comes as q most en-
couraging offset to the shameful and
scandaIoua failure OF justice in muir
der trials which the State has wit
messed recently. We only wish that
the Warren county jury had shared
the honor OF the deed. Perhaps 1t Is
really due much credit, for il the de-
Tense had been confronted by the
average murder-t trial jury in North
Carolina-twelve men picked to ac-
quit, not only under system OF chal-
lenges which give the defense over
whelming advantage but under the
requirements as to qualification
which usually render intelligence, and
particularly newspaper-readlng a bar
If the Jury had been like this, the de-
tense would not have thrown up the
sponge. Once we have better jury
statutes, we shall have more iuries
such as the one at WarrentOn pre-
sumably was. Let US hope that this
trials outcome marks q turning
point. and that next winter the Leg
islature will definitely inaugurate an
era of respect for law and safety for
human life in North Carolina.
The Landmark trusts that the OBJ
servers hope is well-fOunded, but it
must confess that it sees no great
ground forit. That Justice triumph
ed in this case, was, we fear, not SO
much because OF any turn in the tide
as because Of the peculiar conditions
surrounding it. Powell really de-
served the death penalty, but under
ordinary conditions the most he had
to fear was the insane department OF
the State prison. The man he killed
Chief of Police Dunn-was prOmi-
nentiy connected, while those wound
ed, one seriously, are prominent law
yers and politicians. AS a result the
sentiment in favor OF POwells punish
mcnt was so strong that it could not
be resisted; and Notwithstanding he
was defended by eminent counsel-ex-
Gov. Aycock-his counsel evidently
realized the situation and was only
too glad to accept compromise YER
diet OF second degree murder. Had
the case gone to the jury it might
have been the worse for Powell. But
had PowelPs victims been humble
and unknown citizens would the re-
suit have been the same? Hardly.
The Landmark despises these dis
tinctiOns but they exist and must be
recognized. Under the last named
condition there would have been, in
stead of a powerful influence to create
n sentiment to demand punishment,
q feeling of Indifference except on the
part of few; and many people, who
in the former case were ready to
swear that Powell was sane and to
help create sentiment in favor OF pun
ishing him, would under other cir,
cumstances have remained silent, or
have helped to create a sentiment in
his favor. 1t is true that sometimes
people of prominence and influence
are murdered and the crime is un-
avenged. But in such case the mur-
derer is usually prominent and able
to take care of himself. Powell's
punishment is due to the fact he was
not prominent and influential, while
his victims were.