Thursday, October 8, 19?5
Bitterness Is Feature
First Day’s Arguments
To Jury In Cole Case
Jonathan Do r iels, in Raleigh \ews
and Obaervor.
Rockingham. Oct. 7.—By widely
neparnted courses of' arguments at
torneys for the State and the defense
in trial of W. B. Cole for the ur
eter of W. W. Ormond, made a com
m«m plea for “justice” in the Rich
mond county superior court today.
“We do not seek revenge. We do not
ask for vengeance." declared Clyde
Hoey, of the private prosecution, in
opening the argument, “but we ask
for justice, simple, majestic, , even
ffanded justice.”
"Let the (iod of justice and love
and virtue guide you to a correct
verdict." James H. Pou. leading de
fense counsel, declared in tones of
deep piety as he closed his appeal for
Cole with his hands raised in bene- j
diction over the jury.
|p “By “justice” the State means
|JS ~ hat Cole be found guilty of murder!
jjs '» the first degree and the deense that
Cole be acquitted and set free. I
JCole the prison, sat calmly during
argument to the jury. Apparently
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he has faith that ho will be ac
quitted. Hir. family also was calm
for the mo.t part although Mrs.
Cole broke down in quiet sobbing
■ when Mr. Pou pictured the deatlv
penalty w-hieh he declnretl the State
was demanding in the case.
The day's session of the eourt was
consumed by the arguments of Mr.
Hoey and Clyde Douglas, for the
1 State, and Mr. Pou for the defense.
Judge Finley called the first night
cession of the trial this afternoon.
Brought Lunch. •
> Crowds as large as those which
filled the courtroom during the most
sensational testimony offered in the
ease were equalled by that which
packed the courthouse to hear the
argument in the case. Many came to
I the courtroom in the morning with
their lunch and remained in tticir
! scats throughout, the day.
j The State painted a picture of
Cole as n wilful killer who took upon
j himself all the duties of prosecutor,
judge. Jury, and cxecutionecr. It
ridiculed the defense contention that
. f ./
The steering mechanism Is especially
designed for easy driving with
the big balloon Wes
his good character before shows mat
he was nor-a man to have killed
without justification.
The prosecution contended that
Cole was not only a murderer but an
"assassin."
"Every man has a good reputation
until be does something to destroy
it” declared Clyde Douglas. “Bene
dict Arnold was once an American
patriot. Judas Iscariot once associat
ed with the Savior and was one pf
the twelve disciples. The devil him
self was onee a shining angel of
light.”
The defend pictured Cole ns a
good man driven to kill because Or
mond's slanders drove him out of his
mind and forced him to kill to pro*
feet his family and himself.
Although the State and defense of
fered argum'ent to support and op
■pnse the self-defense tjnd insanity
picas of Cole, the argument of the
lawyers like the presentation of evi
dence was fought out primarily on
the phase of the "unwritten law"
which is Asentially the defense of
Cole.
In his argument, Mr. Hoey rend
the letter of Ormond which stated
that the ex-service man anti Miss
Elizabeth Cole had lived together as
man and wife for more than a year.
The defense has made this letter the
basis of n new “unwritten law”
which would justify a killing to hush
a slander.
Action for Blander.
“Suppose there was a single state-
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THE CONCORD DAILY TRIBUNE
ment in that letter that was a lie"
i declared Hoey. "unneg the law the
punishment is two years on the roads
for dander but (.'ole acting as prose -
1 j'llti.r. judge, jury and I'tiViU inner,
hart inflicted the death penalty.”
He declared that Cole was a wil
ful killer who was willing "to throw
his splendid daughter in the breach"
anil cay "behold, behold, the sacri
; five lam offering for the erime I
have committed.”
; He declared- that the Stare is :jot
trying the virtue of Miss Elizabeth
Cole. Only she and the dead man
know whether the letter was n
slander or the truth, he said.
"Bill I love you enough to do
■ anything and we are going to get
married soon." he read from the
"slar.der letter" in which Ormond
• gave an alleged quotation from Alim
Cole.
' "Do yrfu thing I would do this if
I did not love you. Bill?" he quoted
; again.
Mr. Hoey contended that these
quotations were from letters which
Mitm Cole wrote to Ormond and
1 which were excluded from evidence
i by Judge Finley. In his argument
i Mr. Pou declared that the quotations
i were probably alleged quotations of
, Mise Cole's spoken remark <to Ot
■ month
Ormond Loved Her.
1 "Bill Ormond loved her." Mr.
Hoey -aid, "Th/ history of the
world is filled with great tragedies
■ growing out of love. He loved with
all the tenderness of family tier? and
friendship."
He quoted Robert Louis Steven
son that "any man who is loved, his
life is indispensable."
He reviewed the evidence in the
case and read the law to the jury on
murder, insanity nnd -elf defense to
support bio contentions. He declared
that tlie State had not offered any
real evidence to justify an acquittal
either on the grounds of self-defense,
or insanity. -
He declared that ordinarily in the
case <,f ■ death the relatives and
friends gather ftround the bier to say
‘“The hord gave, the Lord has taken
qway, blessed to the name of the
Lord."
"In this instance." he said, they
could only say, "The Ixird gave. W.
B. Cole has, taken away.” nnd then
with faltering faith, "blessed be the
name of the Lord."
Death Penalty.
In his spech Air. Pou painted a
gruesome picture of the death penal
ty which he declared the State is
demanding in the case. As he pictur
ed the ileath penalty inflicted by the
Stats in the electric chair at the
Stats Prison, Mm. Colo almost broke
down. She covered her eyes with her
fingers and wept silently.
. Air. Pou denied that the defense
was seeking tin acquittal of the "un
written law,” brainstorm or morn
Humility "or nr.y bunk of nay kind.”
He lodared that the dofensp bp-1
Heved that Cole ought to be acquitted
on the grounds of self-defense or in
sanity or a combination of both. lie
said that the law did hot require the
defendant only to kill wave nis
life, but to kill if it appeared to
him necessary to kill to save his owtl
life. He declared that a man who lias
reason to belieVe his life i.s in danger
does not have to judge the conduct of
his adversary in "golden scales.”
Mr. Pou reviewed the law on ine
sanity "the. bloody decision?" which
he said prevailed until recent years.
He also presented his views on in
sanity.
Pictures Cole.
He painted a glowing picture 'of
Cole as a man who has worked hard
and loves his family and lived a I
quiet, peaceable life. \
Os Ormond’s "dander letter,” he
declared it was "the most damnable
letter ever sent to a father" lie de
clared that Ormond meant by it “she
isn’t the pure virgin you think she
is. She is a polluted thing nnd I’m
the man who pointed her. She's a
strumpet. She’s my strumpet and I
made her a strumpet.’
He declared that if the letter is
foot true "we have the even more
despicable figure of a man trying to
destroy the character of an innocent
girl so nobody could marry her but
him."
He answered the charge of the
State that Cole had thrown his
daughter in the breach to save his
life.
“All the powers of hell couldn't
have held that girl back from the de
fense of her father,” dedajred Mr.
Pou. "There was no throwing her in
the breach. She was going to de
fend her father’s honor and her own
virtue.” *
Clyde Douglass reminded the jury
of the great crime wave which “is
being swept by a deadly, steady tidal
wave,” and declared that North
Carolina and Richmond County arc
contributing their quota of crime.
He ridiculed Cole's evidence that a
feeling came over hint ill the midst of
prayer about three weeks before the
homicide that lie bad waited long
enough.
"He can’t make any sensible North
Carolina man believe that God Al
mighty • ever dictated to any man
to take thp life of another man,” he
said. He reminded the jury of that
great commandment that has come
thundering down through the ages,
"Thou Shall Not Kill.”
Os Coles insanity plea he declared
that. Cole “deliberately refused to
bridle his passions.”
Sykes Bitter.
John C. Sykes, for the defense and
IV. B. Love for the State, lomght
spoke to their Union County neigh
bors.
Sykc6 made a bitter speech, de
nouncing the character and conduct
of the dead man. He denounced him
ns a blackmailer, a slanderer, a
worthless, shiftless youth who was
trying to marry Miss Cole for her
money. His speech ws devoted to the
letter of Ormond to Cole and Miss
CVde and on the basis of them he
attempted to strip the man Cole
killed of every vestige of honesty
and decency.
Sykes sarcastically attacked every
kindly statement of Ormond in the
letters, and made Cole a martyr
forced to do the killing by the con
duct of the beast be painted as Or
mond.
Attacks Dual Plea-
Air. Love in bis speech tonight,
attacked Cole’s dual plea of insanity
and, self-defense.
In his opening remarks, he paid
his respects to Air. Sykes and the
type of defense that would "curse
out a dead man.”
He defended Ormond an<r gave a
friendly interpretation of the
"slander letter.”
"God have mercy on you men who
have sons who go wrong and at
tempt to right the wrong,” he said
"They cry blackmail! It wasn’t dol
lars, and Cole knew it, that Os
mond wanted. It wasn't dollars that
sent Bill Ormond to France to pro
tect Cole's property. Ormond loved
Elizabeth Cole.”
Owner L. Henry, of the defense
counsel, will make the first speech to- j
morrow. He will be followed by \V.
C. Douglass, veteran member of tbe
private prosecution. ■
While he poured out his invective
Rev. A. L. Ormond, the boy's father,
sat calmly but the lines of hi« face
showed his deep indignation. With
the dead boy’s father sat his brother
and two sisters while Sykes made his
tin restrained attack.
During the argument the attor
neys made continuous uneomplimen-1
tary remarks about the attorney on
the opposing sides. Only once how
ever during the argument was there
any claAh.
The prosecution attorneys objected
twice duriug Mr. Pou's speech on
the grounds that he was stating as
evidence facts which were not pre
sented in evidence during the case.
Once Judge Finley told Mr, Pou
to stick to the evidence in the ease ’
but when the state objected again on
the came grounds, he saiil that is
#«' n matter for the jury.
Mr. Pou made the longest siieecii of
the day.
He spoke from shortly after eleven
until one ocloek ami again after
lunch from tw.* ocloek until three
thirty. Mr. Hdey who opened the
argument spoke for two hours. The
ether speeches today were shorter.
Wants Court Room.
At- the Opening of the argument
this mornigg .fudge Finley warned
the crowd which packed the court
room against making any demon
stration of any kind during the ar
gument.
"Most of you realize that this is
a courtroom," he said, "and not the
place for a demonstration of any
kind. This .case'must be tried on the
evidence and not on. the approval or
disapproval of the audience. If you
an't think about it I want the
sheriff to have deputies throughout
the court room to bring them up so
an make them think about it.”
Numerous flights of oratory and
humorous witticisms of attorneys
pnsed without applause or laughter
in the courtroom as a result of the
orders of 1 the judge.
Post and Flagg’s Cotton Letter.
New York, Oct. 7.—As fully- ex
pected the market has proved a
rather tame affair with few disposed
to make any fresh commitments of
importance. Prices eased somewhat
but the market afforded no symptom
of actual weakness though Bears re
main confident that whatever prices
may do later a further suDstant-a.
recession will be seen before any im
portant sustained recovery. Mean
time spot people continue to report
a broad active demand for cotton
from both foreign and domestic
sources with no actual weakness in
the basis though shorter staples are
rather easy. * .
Many merchants say they have
found lift'.e occasion as yet to use
the contract markets for hedges as
they find it possible to pass along
to consumers any purchases of the
they do not need to hedge. If that
is true the decline is even more Cue
to speculative selling than supposed
and the technical position is cor
respondingly stronger. As a matter
of fact, there are comparatively few
Bears in' the legitimate trade at
most, though favoring tho higher
crop estimates, think every bale will
be wanted and readily taken at these
prices and that many of the most
desirable types will be in scanty
supply and command large premiums.
Reports from goods markets are
satisfactory and all accumulations
have been swept up clean with few,
if any goods in speculative bauds.
The bureau may provide the stimu
lus for a rush to sell and crowd
prices lorver there is believed to be a
large demand awaiting any further
break of importance and the latent
buying power is of large proportions.
Oil or Tar Treatiheut to Soil Roads.
Rapidly increasing traffic on the
State Highway System of North Car
olina has made the maintenance of
soil roads a problem on which con
siderable study has been given by en
gineers of the Highway Commission.
A partial solution has been found
by giving an oil or tar treatment to
these roads . So far between and
three hundred miles of soil road have
been treated and are giving very sat
isfactory results. The present pro
gram plans for the treatment of six
hundred miles of soil roads in vari
ous sections of the State and under
'widely varying conditions.
The present system of treatment is
the outgrowth of experimentes which
have been carried out on Long Island
for the past eight or ten years, the
only difference being that it has been
found necessary in North Carolina,
due to soil conditions, to use far and j
special asphalt mixtures instead of the
oil.
The treatment is being applied at
very low cost and results in a surface
which is smooth, dustless and which
is skidproof in wet weather. Exam
ples of the treatment may be seen
between Sanford and Carthage, Ral
eigh and Lillington, and between Fay
etteville and Elizabethtown.
Davidson’s WildUitten Football Squad.
Davidson, N. C., Oct. 7.—OP)—The
Davidson College freshman Wildkit
ten football squad is hard at work
daily on Sprunt Field here, in prep
aration for their season's schedule,
which opens with High Point College
in High Point on October 9th.
Coacli Monk Mattox feels that he
: has some very likely looking high and
prep school stars on hand for a cred
itable eleven this season.
The freshmen's card for the season
follows:
October 9—High Point College at
High Point.
October 15th—Presbyterian College !
freshmen at Davidson.
October 23—-Furman University
freshmen at Greenville, S. C.
October 30—Duke University fresh
men at Durham.
November 13—State College fresh
men at Davidson.
November 20—Clemson College
freshmen at Clemson College, S. C.
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In just a few days—quicker than
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s* THIRD ANNUAL A
iim
Concord, North Carolina , j
Day* r- t-i-i-i -in,- ,ii Nights
naan *• f’ra JUliKteClrtan *. Ptrvwartu -» Exhibits >. Show
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KNTKKT AINiaG - INSTRUCTIVE - £BOC AT IO If AL
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NORTH CAROLINA
STATE FAIR]
RALEIGH OCTOBER 12 TO 17, 1925 §1 .
THE SHOW WINDOW OF THE STATE %
SIXTY FOUR YEARS OLD gjg
But
GROWING YOUNGER EVERY YEAR Psi
Keep It Young by Making tl Your Fair and Enjoying Its Eduoa-gW
tiona! and Entertaining Features
A Most Wonderful Week’s Ih-ograin, Calling For a Budget of Morefß
Than S76.ooo—Almost $33,000 Offered in I*retnium.s Alone jag
$7,200 For Racing
$25.00 Will Be Paid to the oldest i>erson at the Fair this year wlmM
attended the first Fair after the reorganization in 1869; |jj9
THE STATE COLLEGE STUDENTS’ AGRICULTURAL FAIR
Will Be Held in Conjunction With the State Fair «
Society Horse Show Wednesday and Thursday Nights
Auto Races Saturday Fireworks Every Night
The Flowers on the Grounds are Beautiful
EXERYBODY WELCOME COME!
Kate of One and One-lialf Fares, Good For the Week on All Railroads.
Special Round-trip Excursions on Thursday from Winston-Salem,
Goldsboro, Weledon, and Hamlet—Less Than One-Way Rate. Inquire
of Your Agent.
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1
PAGE THREE