The Wilmington morning star., 1947-09-19
Justice Miscarries Again

When the Northampton County Grand
Jury failed in May to indict anyone In con-
nection with the kidnapping OF "Budoy"
Bush, Negro. laborer held in the jackson
Jail on a charge of attempted criminal as
sau1t. Governor Cherry declared there had
been a miscarriage of justice. He ordered
the case reopened and sent a special judge
into Northampton, adding that if any OF
the men who allegedly participated in the
abduction could be held on the evidence ne
would have the case investigated by a grand
Jury in another county.
AS a result of this hearing, Joe Cunning
ham, a theater employee Of Rich Square, ana
A.. W. Edwards, aged jailer at Jackson, were
bound over, the former as a member OF the
mob and the latter because he made no at
tempt to hold the mob at bay. The case
then went to the Warren County Grano
Jury, which has failed to find a true Dill
| against either. 49,,
Now Governor Cherry declares that until
the persons who committed this otfense are
brought before a trial jury the case can
never be closed" Which would indicate that
the prosecution OF this pair, or any otner
men involved in the abduction, will be con-
+;n,,ed. But Governor Cherry adds that
"+here il not much use in taking it the case)
,,,,,,bere else on the evidence We now
have"
Tho noint that needs emphasizing is that
- ;ustice miscarried- in Northampton county
and in Warren county, there must be some
county in North Carolina where justice
would prevail. Surely there Is suttlclent
evidence to justify trial Of this particular
mir r. the facts are as reported in the pub
lie press.
FBI agents lave repeatedly claimed to
have a signed confession from a MEMBER Oh
the mob. and because in the revival OF the
case Cunningham was singled out 1t IS 70
The assumed that he made the confession.
At no time has it been shown that EDWARDS
the jailer made any serious attempt to oar
the way against the kidnapers. Instead ne
is reported to have led them to Bush's CELL
Either there has been grievously faulty
and misleading reporting of this case from
the beginning or racial prejudice has gov
erned the proceedings of two North Carolina
county grand juries, and justice still mis-
carries.
Eliminating the Negro from present con-
sideration, if a mob entered a jail with con-
nivance or without opposition by the ]aller
and removed a prisoner, with or without IN
tention to lynch him, North Carolina laws
were violated.
And If the evidence, that is the signed
confession the FBI agents claim to have OBJ
tanned from a mob member and the derelec-
ton Of duty by the jailer, is substantlated'
and the two men charged with these Of
lenses 20 scot free, North Carolina will suf-
fer. Nor is 1t improbable that other mobs
will be encouraged to accept the Jackson
jail incident as an example worth following.
When the Northampton County Grand
Jury failed to return an indictment Cover
nor Cherry is said to have remarked, in
substance, we'll have no Greenville case
in this state" The reference was to a mob
lynching In South Carolina. This would be
a good time for him to carry out the esti-
mable purpose he had in mind then-always
provided the evidence as reported is correct.