Roanoke Rapids herald., 1923-12-28

Oats the best white man and
de biggest cusser what Gums
here but he's as perlite Is er
niggcc trying TO bec cut of jail.
OATS Cap'n Bill Day fun We
DON" This remark was by the
colorcd messenger of the Court
after a portly, faultlessly attired
man had hurriedly passed
through te Clerks Office and EN-
tered the court room, without
waiting for & reply 40 where's
Bill Bagley?" And so it was and
so it was he: William H. Day,
sui generis, as the lawers say,
just of his own kind. Indescrib-
able; personification of antithe-
ses; fiery and courtly; high
tempered and tender; profane,
eloquent and cultured; some
times harsh and violent, but
generous as prince and great
trial lawyer. Chief Justice Merri-
mon asked him, Day, do you
believe in the divinity of Christ
and the plan of salvation?"
Yes, | believe it ALL" he re-
piled; but tinctured by profanity.
i never went into battle without
saying, God, have mercy on me,
a d-n sinner" The Chief JUS
tice remarked, rather dryly,
We'll, no wonder at that, you
were frightened and hysterical. "
Yes, | was scared then, but |
say it yet, frequently and fer
vently,' replied the religious and
profane captain.
The following was told at the
ingle side in the old Clerks office:
Captain Day was employed to de-
fend a negro, who had been in
dicted in Halifax county for steal
ing a watermelon. His friend,
James e. Shepherd, then judge
of the Superior Court, presided at
the trial. There Was most con-
elusive evidence of guilt and
Capt. Day introduced no evidence
for the defendent on the stand,
but insisted on addressing the
jury. Every member of the jury
was farmer and Captain Day
addressed them substantially as
follows: Gentlemen of the jury,
let us consider this remarkable
circumstances. Here is an attempt
to send to the chain gang an
humble. inoffensive nigger, born
and reared in log cabin in Ha-
lifax county, for just pulling a d
eating a watermelon and going
about his business. 1t is prepos-
ferrous! Whoever heard of taking
a poor, hard working nigger
away from the cotton patch
where the laws of nature and Ma
ture's God intended him to be and
putting him to work the roads.
because he invaded watermelon
patch? Why. gentlemen, there is
an everlasting and indestructible
affinity between niger, a mule,
and a watermelon. You have
been sworn to try him according
to the evidence and the evidence
is against him. But evidence of
what? Evidence that he did only
what every man on this jury does
not deny he has done himself
Just took a watermelon without
asking for it. Who can doubt that
had he wasted time to ask for it,
it would have been given to him
unhesitatingly. So what harm
has been wrought? The law is in
tended to punish and prevent
crime, but what crime has been
committed? The indictment
charges that he stole a water
melon. Gentlemen, you cannot
steal a watermelon in Halifax
county. Law is the perfection of
human reason Law is common
sense and common law is founded
on common customs the begin
ming of which ante date the mem-
ory of man. Where is the man
living in Halifax county today
who can remember a niger or
any one else going to jail for
stealing a watermelon? Under
the common law as it obtains in
this grand old county, cradle of
freedom and liberty. there's no
such crime as stealing a water
melon Ii 90 all of Won are mis-.