The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1910-07-07

Degree Murder Acceptable tc
Both Sides and to the Presiding
Judge,
Warrenton, June 29.-The attor-
neys, relatatives and principals in
the Powell case opened the deferred
session this morning with the an
nouncement of an agreement to
murder in second degree and Judge
Ward gave the patriarchal prisoner
thirty years in the penitentiary.
But for a suggestion yesterday
afternoon that such action might
take place, this would have struck
the populace with the same unpre-
paredness as that of March 4th when
the old man shot down three of
Halifax's most prominent men. 1t
wasn't the first move to compro-
mise.
Yesterday afternoon when Juror
Hicks became i'll, the sight of mis-
trial loomed large in the courts
eyes. He went from the courtroom
groggy as the fighters have it, but
came up fresh this morning, hopeful
of running the race. There was no
guarantee of it. Congressman
Claude kitchin yesterday told your
correspondent that he didn't think
compromise likely. The newspaper
men approaching the untold moral
effect that publishing this item would
have had, in the event of mistrial
or another postponement, kept it
under their hats. 1t was great stuff
, 20 .id4.,,s, IA, TIC 66cl.oT,-s kept tLc
faith with Judge Ward. He is what
Roosevelt calls bully good fellow
and nobody would betray him. It
wash Unnecessary to do that, though,
because we knew it anyway.
The State slept upon the matter,
however. 1t became certain that
with the evidence in hand, the State
had not made out premeditation
entirely, nor was the defense of in
sanity very potent. They had their
elements of doubt, but each of these
went in favor Of the defense.
Mr.. Kitchin this morning told your
correspondent that feeling that the
jury could not convict absolutely.
Mr.. Powell is and old Confederate
soldier, (now nearly seventy the
death penalty would be hard to ask
for or receive, and all hands agreed
to the compromise.
Judge Ward liked the solution.
Governor Aycock made an address
of less than twenty-five words to the
court. He said:
"Your honor. after consultation
with the attorneys and relatives,
we have rendered a plea of murder
in the second Degree Solicitor
Kerr, arising for the State, said:
'"The Stale accepts the plea and prays
the courts Judgment
Immediately thereafter Judge
Ward said: ''The court approves the
course taken by the prosecution and
the defense. | have no idea that the
jury after hearing all Of the eviden-
&c would take to the plea Of insani-
ty and acquit the defendant. have
had considerable experience with
criminal cases in the courthouse, six
years as solicitor and six years on
the bench. While there is some
evidence of generalization and
deliberation, | do not believe this
would be sufficient under the decis-
ions of our courts to sanction YER
dict of murder in first degree. |
have no doubt that if the case had
gone on, the jury would have reach
the same verdict as is now enter
ed."
Governor Aycock asked that the
entry of second degree murder be
made and it was.
In sentencing Powell Judge Ward
did not use an extra word. He made
no recommendations as to the kind
of labor at which the aged man IS to
be put, and all of that is left to the
penitentiary authorities. Laying
one fact upon another, Congress-
man Kitchin said that while the YER
dict will not be entirely sanctioned
in Halifax, it will be as nearly satis-
factory as any that could have been
made. Many Scotland Neckers de-
clared themselves satisfied, the
prisoners sympathizers especially,
while not a few of the friends OF the