Year: 1878

upon MIN, was ever served on me,
though | was the Court that tried
HIM. have never been requested
by the Supreme Court to make ont
the casc TO be sent up to them for
their review, though the act of the
Assembly of North Carolina, re-
quires that in all cases of appeal,
| (and the writ of certiora1i is but a
substitute for an appeal in criminal
actions, the Judye who tries the
case shall make it mp for review by
the Supreme Court.


i In the present instance with great
Difference to the Supreme Court, ]
respectfully submit that the case of
the State VS.. Driver, tried before
me at the Spring Term 1877, at
Gadkin Superior Court, has never
been brought before them for re.
view at all The case they have
considered and in which they have
pronounced the sentence of the
conrt cruel and unusual-is an
imaginary one; gotten up by the
defendant himself, and by him
alone, and therefore made to con
form strictly to the conclusion Of
his own innocence and my guilt in
the premises. Is this Just pro
ceeding, in reference to myself or
to the public? !? l leave this issue
to be determined by an intelligent
and impartial public.


No Judge can be secure of his
good name and reputation if those
upon whom he is called to pro-
nonnce the judgment of law are to
be allowed upon theit' oa0z atalsup-
ported statements to have the action
of the court that tried them re-
viewed and condemned, and for
themselves TO obtain a judicial dis
charge from the just severity of the
law they have violated. BY such
a course of proceeding Judges will
be exposed to assaults upon their
official conduct-to criticism upon
their motives ard these assaults,
these criticisms, will be embodied
i'll the durable form of Laay Reports
which posterity will read, and upon
which its estimate will be founded,
Of thc attaiEments of the Judges
thus assailed and of their moral
characters as well.


The reports of the decisions of
the Supreme Court OF North Caro-
lima embracing the case to which l
have now reference, will shortly be
published 10 the world and the
volume containing this case, with
the opinion of the court delivered
in it, will circulate, not OILY in our
own State where | am we'll known,
but throughout the vast extent of
this great country, in very many
sections of which | will by force OF
the action of the Supreme Court in
the case, however unintentional on
their part, receive an injury great
and irresponsible in its character.


The card | now publish is eph.
emeral in its nature and will be
quite limited in it's circulation,
while the volume of our law re-
ports containing the structures COM
planned of upon my official action
will he of long continued existence
and of circulation almost limit
less.


If the facts Of the case as they
really and truthfulIy exist could
cnly go along with the Supreme
Court reports of them, / should
have nothing to rtgret, nothing to
fear in view OF the Supreme Judi
cial Tribunal of the State in which
L live. ,Ou the contrary feel as
sured that my action in tie premi,
ses would be approved by every
just aud brave spirited man con
scicus of the dignity of his own
, position as heaven appointed de-
fender and protector of the gertle
sex, vouchsafed to Us as the purest
source Of victorious enjoyment and
of elevating aud dignifying refine
ment.


The atrocitg of the defendant =
conduct removes the reproach ol
cruelty from my action. His i'm
prison ment in a county Jail upon a
confession of guilt on an 1udict.
ment for a misdemeanor will by no
we'll informed professional man be
esteemed an unusual punishment.


[ remain therefore fully possess
ed of the approval of my own con
, science, and cannot for moment
doubt my triumphant acquittal by
that august tribunal to which ]
have appealed-the religiously
trained and morally elevated men
and women among whom it is my
fortune to live and to act a part
upon the great arena on which law
and public justice are dispensed.
JOHN KERR,
Judge 7th judicial Distlict of North
Carolina.


Stories first heard at a mothers