Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-11-18


Short Of His Duty in the Final Dis.
position OF the Case, Was TOTALLY
Unjustifable Says Case Was Skill
bully Handled
Nov. q. 1915.
Editor Of the Democrat:
To convince you that / read your
paper, l wish to call attention to an
article published in your recent issue
under the heading Public continues
to talk about mysterious shooting"
In which / think your readers might
misJudge the conduct of our able. m
terestedy and efficient solicitor and
Itownsman.
Speaking Of the street discussions
the article says that @the story goes
tina the defendants felt highly jubiiant
over getting out IN fines for it is SAID
that the most of them felt sure that
they would b e taken to the peniten-s
tiary. While the solicitor did not
think it bestto go into the case in the
absence of Ed Mills and Ambrose, the
tie opinion has been expressed that
the whole bunch could have been con-
victed of a most diabolicaI plot to as
sassinate Carter or MilIs.Y
While such is not officially confirm
ed it is understood that the prosecu-
ftlon was in possession of evidence to
show that Albert Thompson secured
Two pistols from the paWnbroker in
AsheVille for a temporary use, to be
returned and that the two guns were
found at the place of the shooting by
officers and that the chauffeur would
have testified to remarks said TO have
been made between Asheville and Hem
~dersonville in reference to the shoot.
ing.
This statement written by and talk
ed of by the iaymen might have the
effect of making people believe that
the solicitor was guilty of bad man
agement of a law suit was negligent,
unskiIful. This impression could
not have been intended but as it in
wolves the question of legal evidence
and as l appeared in the case for the
defendants N as 1 know that the
solicitor exercised the greatest vigi-
lence, care. skill and ability in the
prosecution 1 think it is but fair and
just that l should say first that the
solicitor knew that as a rule of evil
demo in trying Thompson and others
for an assault on Carter and Mills it
Vas not competent for him to prove
- CdI0 dnu p1SpdI dIAOHS SuCA DIS COu1u
have been proven by facts as is alleg-
ed to be within the knowledge of the
pawnbroker at Asheville, MOI would
it have been competent to provesthe
conversation on the way from Ashe-
vile to Hen~dersonvilIe. See State
against Kimball 151 N. c.. page 702.
Therefore, the solicitor found that he
could not get Mills back from Georgia
and at the last moment he found that
Ambrose, Carriers Chauffeur had var
moused the ranch and he could not be
had. That left him with no evidence
az to the shooting except Carter d
fugative from justice with a horrible
reputation as his only witness and he
! only could testify as to the facts OBJ
served by him from an upstairs win
dow during the progress of the shoot
Ing down. stairs and that the only wit
nesses who could testify anything asto
how and why the shooting began were
, the defendants, Thompson, Leonard.
Woodfn and Mitchell.
Now /. think it is fair for your read
ers to put themselves in the solicitors
place and let them. call the case for
trial. The Judge says, Mr.. Solicitor,
introduce your witnesses" The So
licitor calls Mills. he does not answer.
He calls Ambrose he does not answer.
He calls Carter, brings him from the
Jail where he is confined with an Off
Ger in Hendersonviile with requisition
papers to take him to Pennsylvania
Carter goes on the stand. Solicitor
asks him, Mr.. Carter, who started
!, this shooting" Answer. Il dc not
know, 1 was up stairs, knew nothing
OF it until after the shooting had COM
nenced. "Was the shooting started
by Ambrose? Answer. u do not
] know, / was not down stairs" WAS
! it started by Mills ?' ~ do not know,
was not down stairs where I could
e did Thompson, Leonard,
Woodfn or Mitchell commence the
~shooting?" ST do not know" Judge
j says, "Mr. Solicitor, call other wit
nesses." Solicitor says, THAT is all
the witnesses / have except to show
that Thompson was shot and Mills was
who shot Mills?'a no" Can you
show who shot ThompsonY' sYess
Mr.. Carter shot him from up stairs
window but after several shots had
been fired in the yard" The solicitor
says, that is the case for the State"
, The defendants being on trial for an
attempted assassination go upon wit
ness stand.
Now will the people who appear to
criticise guess what the defendants
would have sworn in their de-
! tense. The presentation of the caseln
the article to, which I have reference
would make it appear that all the de-
PENDANTS were desperately bad men,
/ that had planned the assassinationof
Carter or Mills. If this is a correct
assumption what would that part OF
the public who feel grieved at the
manner of the disposition of the Case
would have expected the defendants
to swear? If they were mean enough.
and smart enough to arrange.
their evidence, would they not have
sworn to a state OF facts showing that
Mills and Ambrose; without provoca-