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VOL. 17. NO; 62.
SALISBURY, N. C, VVEDriEGJ.l
rSEPTBMBER 21 1904.
ESTABLISHED 1887.
d v
MURDER IW SECOND DEGREE.
The Verdict in the White Case,
Great Speeches of Watson and
Glenn. 'J.
After 19 liaurs of: debating, the
jury in the White case' came to an
agreement nt 12:50 Thursday.
They announced thatv they found
the defendants guilty of murder in
the second degree. Further on in
js report of the trial, will be
ffnp other features of it. Follow
mgare -synopscrof the 'closing ar
fuments
... -a m m r .
umenLs 01 Messrs. " atson anc
11 YV ma.ft-' " 1 . t
. n"y r - -
1 , . ' c-uwargu
raenw ior the defense. He began
y a.ying ne welcomed the close o
bxjai. in nil mv ovna,
of 35 years at the Jar, I have nev-
" sccl1I,."t-irpsccution in which
counsel did . themselves
iu wieir zeai ior meir reiiT-raai,
blood. I have examined thi- wit
nesses lor the btate tenderly, and no
man can say I have been om
Have I taken advantage of my lorur
experience at the bar and my
training in argument, to crush
.
man who is less able to contend
with me? If I have, charge it up
to the defense. I have tried cases
in which technicalities of the law
are invoked, but have never done
this where the issue of life and
death are involved.
These men live unless you kill
them, they will have liberty unless
you deprive them of it.
The counsel have made much of
the fact that the defendants carried
concealed weapons. They are not
on trial for that offense. And
while it is against the laws to carry
j those weapons, he is a foolish man
who would undertake such a
dangerous mission. I have always
doubted the wisdom of the statute
against carrying concealed weap
ons. It gives the outlaw every
advantage and places the law
abiding man at his mercy.
It has been argued that there is
a law on the statute books agains4
seduction. I was in the legisla-J
Xure o !SS3jA;liuntluiCu.uWUtJi
came up. I helped defeat this law
which later passed. I did not want
it to go out that here in the State
of North Carolina, the home of
boutliern Chivalry, a law was
needed to protect our womanhood.
1 have a son, and if ever he vio
lates the pure, curly headed maid
ed who grew up by his side, then
I say-let him die. That is the
doctrine I preach.
.Russell Sherrill, you are dead
but you are here on trial.
Annie .White U already con
demned. "Is there anything against
the character of this poor girl?
Dead Russell Sherrill said not.
He did make the plea of every
violator of womanhood, that he
was not her only visitor in impuri
ty. Ho did say he would fix it all
right, but he wouldn't marry her.
A man who steals a pig will do
this, and it is an admission that he
stole the pig, and so he admitted
his part in Annie White's shame,
nor has this been denied.
Was Annie White a girl of bad
character? Russell Sherrill says
not, for he carried her in his bug
gy to social gatherings, took Jier
to the house of God, brought her
tohii home and played with her
around game boards. Prof. Clegg
visited her. Mrs. Sherrill visited
" her. No man who knows a woman
to be an improper associate for his
;Q ffmn(r to allow that per-
omAtihU-fRmilv. Russell
OVSU W v ....
ci :ti lmii mi no
this poorcirl's confidence, and he
li fut h, w had it.
t:.i iu '
liv did naL had thev done so in
XlVt V I A V mT n vv -7
the cover of darkness as they drove
.by Sherrill's home they could have
killed him and escaped. Every
nirfMimstanofi shows that they did
u w m v -
Russell Sherrill was the only
not.
man who could save
could save the girl's
shame. But when he died, oh the
pity of it! Annie White died. For
her now there is not the glad rcc-
ognition of her former friends. She
liiiii
quaintances. Outlawed as a moral
leper, she is avoided. A seduced
woman is the ruin of a household
unless the man comes and takes
her-away. As society is constitut
ed, a man who falls in shame is al-
lnurnfl in livf nrul hf fnrtrnttin. but
MWM II. ISI 1 , I , 1 II l.v
i,A.wmani&hifit-.. Tn-nll niPn who
are inclined to such vice I beg youjoquence a man in the crowd un
read Hawthorne's Scarlet Letter! rtunately had an epileptic fit and
and Tolstoi's "Resurrection. ?JfM U) be carried out.
There is no hope in a court- for A little before this Mr. Kluttz
seduced woman, and Annie .Whitfciad interrupted the speaker about
living is today in a worse conditior matter that will not do to print,
than Russell Sherrill dead. Deat' hen quiet was restored after the
is a sting that kind Nature at man's fit, Judge Cooke made
if
i- . : .
the years of this girl's life-she will
be scoiied as the abandoned wom
an.
L .ulis hlnor lwill charge you that
seductiol is no justification for
killing anan. But I have, shown
that the A'fendants bad "no desire
to kill Shlrill, and up to the time
they reaiied the Sherill home
there was Vo conspiracy nor desire
for death.-y When the boys had in
formed themselves they went- to
this young ians home and asked
him to right a weong. By the tes
timony of st veral witnesseit is
shown that he ref used.Vn alter
cation wras pr.cipitated and ended
in the young man's death. That
he was infuriated is testified to by
three witnesses and in the nature
of th'Ags it is incredible that an
unarmed man should advance up
on men who had drawn pistols up
on him.
In the desire to entrap the wit
nesses, I have been pained to note
the undignified wayin which counsel
took advantage of poor Thomas
White's deafness. I hav th
today that this affliction was a
blessing to him,' "when, he .was ex
empted from the merciless words
of those seeking to deprive him of
his liberty and life.
There is one thinsr that I can't
understand, and that is whv Dr.
Brown, introduced by the State to
show the nature of the wounds j
ouwuiu hod nave toia wmcn one
caused death. I ask iis honor to
charge you that both wounds could
ChniiU i 1 j 1 T 1 1
not kill and if there is doubt about
it there can be no conviction.
I ask you to remember the evi
dence and not the eloquent words
n Mr. lilenn to follow. He will
quote scripture and call often upon
he .Lord. 1 hope he won't fall in
o Hammer's error of brinsriner old
Noah from his grave and make him
stand at Sinai. Lawyers should be
careful and for that reason I shy
at scripture. When I hear men
quote scripture to kill their fellow
men. lor such it is, I think.of4hat
her that we must do good tor evil
and thus I clothe my naked vil-
lainy wjth old odds and ends, sto
len forthfrom Holy W rit, and thus
I seem a saint when" I msot play
the devil.' And with a quotation
from the Sermon on the Mount,
Mr. Watson closed the most mar
velous speech ever made here in
defensc'of a fellow mortal.
Following is Mr. J. C. McNeill's
account of Mr. Glenn s speech:
For the last two or three days it
has been rumored alxnit here that
Mr. Glenn was priming, himself
for a great speech. When he
rose to address the jury there
didn't seem to be room for anoth
er .man in the house.
lie opened with a caretul re
production of the scene of the mur
der, and brought the crowd to its
feet. He stood for the sanctity
of the law. He said that when he
heard United States Senators and
nx-iuds-es of the Superior Court
resort to such appeals as the de
fendants' counsel have made he
hunff his head in shame. For ih-
tance, Mr. Watson had said
'When men seduce, they forfeit
their lives- They failed in
their mission and toy had to kill
him. '.Judge Montgomery said,
T would have told them to do
what they did How could
they keep their hands, off of him?
Mr.. Overman said, If they how-
estly believed he seduced her,
he
i - , 1
l iney nau u j.zui w ivur mm.
hat 'jilie use of law, ' he ex.
claimed, hat s the use of court
houses. wht's the use," . turning
1 1
to a pre
ior oi thundering irom
It.
yourpuixc. uou snaitnoi khi:
They hajr one object in this: to
have yoitake your eyes off the
law anpthe evidence and look on-
I . t Utm i i. .iv 'inn
ly upokhe seduction of an mno-
cent xf imp. ii ou can uo uiul
atteravw w uw wu uy
Alniity God you doit! But add
a reccmiendation to your verdict
that tear down our court houses,
burn ur churches, 'demolish our
I - '
scho houses. They have argued
a'cif sf seduction."
Il'c he .presented his side of
tlis question. He pictured Rus
i soTSherrill as a friendly eye saw
In, and there was hardly an eye
wch did not swim in tears. A hile
Jjwas at the very height of his
wise June enve a balm. But all
some remark about the interuption
and its cause. "Extreme courte
sies' ' began at once,- Mr.' Kluttz
protesting that he would not" in
terrupt except when necessary- and
Mr. Glenn insisting that he do so
whenever he felt like it.
"Did that poor fellow have a
weapon?" he resumed; and ad
dressing varrious members of the
jury, "you know he didn't! you
know he didn't!"
The finest passage in his speech
began. If I had had the foulest
murder in my heart that was ever
inspired by Satan and his angels,
when this good, sweet, woman
came out there ancTlnvited me in
and offered me the hospitality -of
her home and placed a chair for
me to sit in, my purpose would
have failed me, and I would have
said to my brother, 'come, let's go
home and give it up! Tears traced
their way down the cheeks of old
men. "And yet these men are
called gentlemen!"
Before going over a second time
the scene of the murder, he said
to the jury, "If you-have the in
telligence which I think you have,
and the honor in your hearts which
you ought to have, and if you
have not been put on this jury for
some purpose, on-their own testi
mony there is no escape for these
men."
He read an opinion bv Chief
Justice Merrimon, which pesented
- aj
his view, and added, I reckon
Senator Overman will admit that
his father-in-law knew the law."
"1 carejjiot what your character
may have been," he said, shaking
his fist' vigorously at Chalmers
White, '-who looked .him . in the
eyes without winking, "that"! .day
you- lost it. They; say you -are
brave, they say you are gentlemen,
they say you are kind-hearted, and
yet, with that poor widowed moth
er kneeling before you at the body
of her boy not a word did you say,
not a thing did you do for her com
fort. You fired like1 bra vemen, did
you? - . You .fled like n. jrmitemnn
insr coWards?
Tom White could not hear this.
Char's face ashened. If there is one
thing these men appear not to be
it is cowards.
"You mustn't call them cow
ards," said Judge Cooke.
Mr. Kluttz was on his feet and
said at the s: he moment. "I ob
ject to that. The gentleman knows
it is improper and we have no re
ply to it."
"You may reply fight now if
you want to," said Mr. Glenn.
"Ah, now," said Mr. Kluttz,
the blood rushing to his face,
"that's a bluff Your language is
unworthy of the next Governor of
North Carolina." N
lie made a fine promise of his
policy as Governor. His aim will
be that the people my rule ip their
temples and the law be administer
ed in our courts of justice. -
JNlr. Glenn spoke for some two
and a half hours Thursday spoke
like a torrent. One cannot but
wonder how he survives such ef
fort. Mrs. Archer sat all day Thurs
day as usual with her face cover
ed until Mr. Glenn got on to the
subject-of W. W. Miller's with
drawal from the church because it
wrould not turn her out. Anger
here seemed to overpower her sense
of -humiliation, she looked him
square in the face with daggers in
her glance."
..Friday morning Judge Cooke
passed sentence upon Thomas and
Chalmers' White for the killino- of
Russell Sherrill,. there was a death
like stillness in the court room.
bince the verdict was reached, all
interest manifested itself in the
nature and extent of the punish
nient. In words slow and distinct,
Judge Cooke said: "The judgment
of the court is that the defendants.
Thomas and Chalmers Wrhite, each
be given a term of six years at
hard labor in the State penitentia
ry." But with the announcement
of this sentence, the interest was
little minimized and the denizens
of the county went, but on the
streets to try the Case over. The
verdict ana tne sentence, in a con
siderable measure, meet popular
approval. There are scores who
thought the punishment should
been have greater in the light of the
verdict. Nobody not even the
counsel for the defense expected
the term to be so short although
they had hoped for a smaller de
gree of guilt The defendants were
not perceptibly moved and when
they heard the result, they made
preparations to leave for their
homes. The convicted men have
not fill ered more than those 'who
f oumtEteh desperate legal odds
agaisUthern: FromitheVfirst it
was een tkat the law was entirely
in t State's favor,-but the great
min of the lawyers saved -them.
Mai men vwhbse - sympathies ,; had
beei lairlst them during the trial
shoe : hands with them in a friend
ly r inner and 'expressed sorrow
for ieui. The attorneys told them
that hey should not be forsaken
and iat means another great trial
som where in ..the countrv next
Ige Cooke's remarks to the
peojjg gathered about the place
hayecaused; such favorable com
mcre,tfeat the reporter has thought
itpttjer to incoporate thera in this,
the jiist; of the great White trial.
Immediately after passing, sen
tencj, hesaid: "I have given con-,
sidettitn, to every fact and cir
cumf ante in connection with this
casei hat'could ;be suggested as in
favoi of the mitisration of the de
fendj
bts' punishment. I have even
ered wh'at. appears to be rue,
fiere is a large-sentiment in
mtry that would acquit of le-
const
that
the
gal
r7 -jmorai responsioiuty, the
slay
w or. tne se aucer ot a woman
by ofce of her kindred. With that
sent pient,I do not pretend to share.
And! while I given to -that such
weight, asrbears upon the question
of hh"Vit may have affected the
defniats' conduct, without its
lega
aspect, this court feels lm
I to say; that neither person-
pelld
allyj
nor as an exponent of the
law
can it allow that any man has
the i?ight to take the law in his own
hands even for the cause of seduc
tion, or for any other cause. It
wih lie admitted in North Carolina,
that,' a fair trial can be had in every
casej, and that men who deserve it,
can beTurnished by the methods
of the law. And ; the law makes
provision for securing fair triers
by not allowing any one who has
formed or expressed an opinion,
or is in any way related to either
side nf the controversy, to be one
, i . . i "
ais tAKe punisnments in their own
hands, it is generally those, who
are most interested, who settle the
question of guilt and execute their
own judgments. And usually
their conclusions are reached when
by reason of some exciting cause,
they are in no judicial frame of
mind, This is not the only ob
jection to such a course, for when
it is allowed that for any cause as
seduction, that men may disregard
the mandates of the law, it makes
a breach in the wall, and it would
be impossible to confine the oper
ation of violence to that one offense.
I need only refer to the history of
lynclting in this country to illus
trate ithis. Before the war, there
was'no such thing as lynching in
North Carolina. Inmy own recol
lection, I can recall but one, and
that during the Revolutionary war i
But in the last twenty years, there
have-been many . This method of
female virtue, and it wasr sought to
justify it upon that ground alone.
But it was not long before the log
ic c( uld not be successfully resisted
that if men could be justified in
lynching for this cause, they could
be tkeused for like punishment in
othlr hinous offenses. And so it
has; come about that within the
last five years, a large proportion
of the lynchings has been for oth
erjeauses than assaults upon female
virtue. It is a duty at all time
that?men should restrain their pas
sions. The aggressive force in our
civilization is so much more era
phatic in its demonstrations (and
especially tias'it been so.in our re
cent history,, with respect to the
discoveries of science ' and their
practical application which made
so largely for our material pros
perity) than the restraining force,
that we are apt to forget the mor
al value of the latter. It often
times distinctly ..marks the line be
tween physical and moral courage.
Men and individuals are often
great because, of what they do.
They are not so often great, but
when the occasion arises, they
are greater for what they restrain
themselves from doing. It is still
sound philosorhy that by our re
straints and sufferings, we grow
strong.
- Without assuming that these ex
pressions of mine would give any
great value to the changing or cre
ating of public sentiment, I feel it
my duty,, and desire as far as
can, to contribute this public ex
pression in favor of the sufficiencv
of the law, to deal with all offend
ers and offenses, and to enter my
protest against the suggestion that
men for the cause of seduction or
any other, cause, may become the
avengers of their own wrongs. It
may be that some other judge
would have punished the defend
ants less, but to no one would the
performance of this duty have
give more regret. -
Judge Cooke's remarks were
made without notes and this is not
to claim absolute accuracy. J--.
There was another caseof : mur
der to be tried at this term Thom
as Broadaway was'.broughtr into
court, being indicted for the'kill
ing of Milas Reid in December of
1897. He was represented by
Messrs. Overman and Klulttz, but
was continued by the prosecution
and the defense owing to. the in
adequacy of the time in which to
try the case. , :
The sentence xf Thomas Foil,
who was yesterday convicted with
Ad Pool, of anfaggrevated assault
upon Lawson Josey, was reduced
this morning to. 3 years. Pool had
been sentenced to two years. Judge
Cooke said he had thought the dis
parity in the terms too great and
realizing the wrong of increasing
the smaller term, he reduced the
larger compatible with the lesser.
Foil, 'it seemed had used the knife,
while Pool held the old man. Foil
is much the smarter of the two.
Some time ago, this reporter vis
ited the cells of the prisoners.'
Pool would at one time confess his
guilt, cry and then laugh Tom
stoutly denied the charge all- the
while. Once when Pool wfcs- pray
ing and talking incoherenty, -Foil
said: "Ad Pool is trying to go
crazy, but the damned fool hasn't
got sense enough!" .
This case, has been one of inter
est to all JRdwan people The;les-
sening or the sentence tor roil is
generally received with favorable
, , . t K . ,. ,
A MEMORIAL MEETING.
In Honor of HonKerriCraige.
Speeches of Eulogy.
es in honor of Hon. Kerr.Craige.
Hon. John S. Henderson, Messrs.
T. C. Linn, L. H. Clement, rA.
H. Price and Congressman Kluttz
made beautiful short addresses.
Judge Cooke also spoke in praise
of him. The following resolutions
was adopted:
Whereas, It hath pleased Al
mighty God in His wise providence
to take out of this world the soul
of ICerr Craige, late an attorney of
this court; and whereas we wish
to place upon the records of this
court our appreciation of the life
he lived and of his services:
IN MEMORIAM
"Kerr Craige. was born in Ca
tawba county, -March 14, 1843.
His parents were Burton Craige
and wife, Elizabeth I. Erwin. He
removed with his parents to Salis
bury "in 1852.' He. was educated at
Catawba college and at the Univer
sity of North Carolina. At the be
ginning of the war between the
States he volunteered for the war
and joined the First North Caroli
na Regiment of Cavalry, which was
then attached to Hampton's after
wards Gordon s brigade, of the
army of Northern Virginia. He
was promoted to Lieutenant and
Captain and was tendered the office
of Adjutant of his regiment by
Col: Thomas Rufhn, who was kill
ed atfew days thereafter, and be-
fore.the office could be accepted.
He was then appointed Aid-de-CamptoGen.
J. B. Gordon, and
served in that capacity until Gen.
Gordon's death. The first N. G.
Cavalry regiment in the Confeder
ate army. It was almost constant
ly in action and was. noted for its
dash and valor. Kerr Craige par
ticipated in all the battles and con
tests of his regiment and was con
spicuous for his gallantry and
courage. After the war he attend
ed the law school at Richmond Hill,
Yadkin county, of Chief Justice
Richmond M. Pearson, obtained
his county court license in June,
1886, and his superior court license
in June, 1867. -He was elected
recording clerk of tKe (N. C.)House
of Representatives in December.
1870, and elected a member of the
same body in 1872. On November
12, 1873, he waslnarried to Mi&
Josephine Branch, daughter of the
late Gen. L. O. B. Branch, of
Raleigh. He hd tjnisfortuue
to lose his wire m
nominated by his PbUf on
Sress in Agust m ied the
account of i" 1887, with-
nomination
Satunpyatliotminr ' 1
of the'bar made memorial addrea W
out his solicituion, upon the rec-i
bmmendation M Hon.John S.
Henderson, lion; M. V. Ransom
and Hon. Zeiulon B. Vance, he
was appointed by President Cleve-"
land collectoof Internal Revenue
for the FiftlN. C. District. "
This waan exceedingly poput
lar appointment and Mrr Craige .
administered the office with rare
ability an tact. In - 18S3, upon , :
the recommendation of Hon, John
S. Henderson, at that time chair
man of the committee on the post-
office aad the Post Roads in the.
House,' of Representativesrr-53rd
Congress he was appointed by
President Cleveland third assist
ant postmaster general. He ;dis- .
charged the-duties "of that-high :
ofllce with great'skill and ability.
He held at vanous times the of
fice of alderman-ofthe city of Sal
isbury," di rector- of the Nl. C. J?ai l-
road company, and trustee of the
University. : On January-9, 1902, v
he .was elected president of the
First Rational Bank of Salisbury, "
and held- that position at the time
of his death, which occurred Jh a
hospital in Vshington City, Sep-
ember'2, 1904. In'his last hours
all his children were with him' and
one of his sisters. . .
"Mr. Craige was deVoted to his .
profession-And attended closely to
his r,of essional duties. His many
friends "everywhere in this State
And ' tlfronghout. the union will
deeply regret to mourn his loss. v
He was a man of intense convic
tions. -The beauty of his private
character is something, sacred and
is not to publicly spoken of. It
was felt and reverenced by all who
knew hira intimately. May God
comfort his dear ones! It will com
fort them to think of his deep humil-.
ity,his beautiful character, hisgrcat
. . . J. A 1 f
patience ana nis mosi loucning ai-
f ectronateness as seen in his homo
life; it was exquisitely beautiful.
In, the performance of his duties
in his several stations in 'life, he
tocched nothing which he did not
adorm ' ? "
Resol ved, -That as a mark of
respect to the memory of the de
ceased, the business of the court
be now suspended to enable his
associates to "pay proper tribute to
his high .character and eminent
public service.
Resolved, That as a further
marknf respect to his memory, at
he conclusion of the addresses by
his associates, the court shall ad-
joura. .
Resolved, That the clerk of
this court be requested to send a
copy of these resolutions to the
family of the deceased.
All of which is respectfully
submitted.
Jno. S. Henderson,
T. C. Linn,
L. H. Clement,
Lee S. Overman,
Theo. F. Kluttz,
. A. H. Price,
Walter Murphy,
.Committeer"
The Japanese Auction. -
The Salisbury social correspond
ent writes thus of the Japanese
auction: .
The Japanese .auction sale and
the lawn fete of the Daughters of
the Confederacy, conducted hv
Mrs. Fletcher Franklin Smith and
Mrs. Edwin V lliamson Overman,
for the completion Of the bronze
memorial to Rowan soldiers, was
splendidly patronized and eminent
ly successful., Mr. Geonre Bev
erly, who is the soul of wit and
worldly wisdom, made the auction
as unique and fascinating as great
real Japanese could have don
He made each art treasure in Jap
anese goods alone was more profit
able. Mr. J ames McCorkle Da
vis, as gatekeeper was irresistble
to passersbys,and he augmented
the sum that we realized to exceed
even the calculations of the host-"
ess. With the tendency of souls
that women possess for Confeder
cy's cause, and sweet memory's
sake, the virtues of the Confeder
ate hero will never be for,gotten.
A party composed of 3Ir. and
Mrs. T K. Johnson, Miss .Mat
Gri&n and Mr. J. K Hennessee,
Jeft Thursday night for a trip of
ten days to the Word's Fair at St.
Ijquis. Owing to a wrecs on me
Western, they were forced to go
by way. of Spartanburg.
Fritz Newland, a brother of the
Democratic candidate, was in Sal-?
isbury last 'ednesday night.
.
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