The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-05-09
Judge Webb delayed Decision to Last
Hour. and After Listening to Argu-
ment Of Counsel for State and Pri-
vate Prosecution and to Watkins
Lawyers. Held That He Was Not
Warranted i'm Granting New Trial, as
Contended fOr-Hints at Unfair
Trial-Appeal Taken.
Especial to News and Observer

the Black Mountain constable, charged
with the murder of JOIN Hill Bunting
Of Wilmington, on the night or Au-
gust s, 1909, and convicted this week
Of manslaughter, was this afternoon
sentenced by Judge Webb to eighteen
months in the State Prison.
The defendant gave notice Of appeal
and bond was fixed. Practically the
entire morning was taken up with ar
gument by counsel on the motion of
codnse for the defendant to set aside
the verdict on the ground that juror
J. w. L. Arthur, went into the jury
box prejudiced against the
and that when challenged by the coun-
sci for the defendant as to whether or
not he had formed and expressed the
opinion that the defendant was guilty
Of the crime, retained his seat as a
juror.
Too Late to Call Misdeal.
Judge Thomas A. Jones. represent
ing the private prosecution, mad a
strong argument against setting aside
the verdict. Judge Jones presented a
number Of authorities bearing on the
question, all of which We're against
the setting aside Of the verdict.
Judge IA declared that if the de-
Tense had presented the evidence
about Arthur when they learned OF 1t
the case would assume a different as
pect, but when the defense played the
game, in the %parlance Of poker, with
the State holding five card and the
defense six. that if the defense won all
very well and good, but if the State
won then they had the cry of a mis-
deal, He declared that it was simply
q case Of heads the defense wins and
tails the State loses"
Hin at Jury Packing.
Locke Craig, OF the defense, replied
to Judge Jones in an able argument,
He declared that Fleet Watkins was a
citizen Of the United States, that he
was a native born Buncombe man, a
fearless man of goo character, and
that he was entitled to a fair trial.
Mr.. Craig declared that while he i
not charge the attorneys on the other
side with packing the jury" never
theless the jury was packed and Ar
thur was one Of them. He plead for a
fair, square deal, declaring that in the
interest Of justice h great State Of
North Carolina could not be hurt, that
the law and h Constitution guaran-
teed to the humblest citizen the right
OF q fair trial and that Watkins
should have one.
Mr.. Craig Claims Trial Unfair.
Mr.. Craig charged that Arthur had
gone into the jury box prejudiced and
that ever if the information was in
the nan0S OF himself before the end OF
the trial watkins should not be made
to suffer for any possible shortcomings
or mistakes of his counsel in such a
grave matter. He said that if Fleet
Watkins was guilty then put the
stripes on him." il after a fair trial,
the jury said he was guilty, let him
pay the penalty.
but in the name of, and in the
honor Of the great State Of North Car
olIna," said Mr.. Craig, don't put the
stripes on a mar convicted unjustIy
and without a fair trial"
Deducted Six Months-Defendant
Appeals.
At the conclusion Of Mr.. Craig's
powerful plea, Judge Webb sat in 81
lence for perhaps five minutes. During
that time the court room was as still
as death Finally Judge Webb turned
and addressing counsel, said that the
matter had given him much thought,
that he had weighed the case care
fully and that he must reny the mo-
ton. He sentenced Watkins to two
years in the States Prison, but later
reduced the sentence to eighteen
months.
The defense then gave notice o. an
Appe2l to the Supreme Court.
MN SsyaS a woman nm aoooca;n-