Weekly Jonrml
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ft. J. LA! HBHTOO CO.
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mna. fatty eovare Racier
fcr sgssial nmM-
JUDGE FRANK CARTER GOES ON
STAND AND TELLS INVESTIGATING
COMMITTEE HIS VERSION OF AFFAIR
v the f' oftee Sr
am! ss '
FRlfthY APRIL .
Magistrate, ere b4
Judges are worse.
Keep out of sourt
Safety urst.
Tfci Wilmlwrton Star queries: Whs
landed the dice in prejudice? " -inWt
sKaetly know but have a eus
ptaios that It m the same fellow
l put the poke In poker.
chirp the Raleigh Time tbusty:
"Abernethy the Stella Witness."
ferine. Stella was not brought in
to the investigation at all"
r Stall, wmm't there hut old
B. K, Morse wm noticed tiang-
around the judge while the New
San investigation wm going on.
"fie pessimist who declares that
oner is "tight" should hare viit-
4 the Sheriff's office yesterday and
watched si thousand dollars in
State and county taxes roll in. It
tok ird work on the part ol Sher
)ff B. B. Lane and his deputies to
jst la this money and they deserve
esedit for their efforts.
Mr. Citizen of New Bern and Cra
ven iounty, its up to you to pay your
taxes today or have your name aj-
pear on the list of delinquents whieh
to be published within the nest
trwo or three days. Sheriff Lane has
keen instructed to either get the
money or advertise and then get t
and there is no alternative left fcr
him bat to carry out the order.;.
Of course he's going to hate mighty
bad to give you this sort of publicity
tot business is business and its up
to ton to see that such does not or-
or.
Solioitor Abernethy did not bring
the charges of immorality against
fudge Frank Carter, he had nothing
whatever to do with it. All that Le
tlesiroff Is that the contaminating re
eurd as to his alleged dereliction in
ffleial duty be stricken from the re
cords of the court and that he be
cleared of the oharge of contempt.
The Solicitor has proven that ti e
Judge acted very unreasonably in
this matter and he is not only due
the things he asks for but should have
public apology from the Abbeville
Raleigh. March Judge Carter
tpaat Are hours oa the stand today
nfter the committee of inqui v had
directed the attorneys and witnesses
to omit Immorality charges, snd the
court took a recess until nine o'clock
tomorrow morning when the cross-
examination will be resumed.
The order of the eheirmau. Mr.
Dought jn. to leave off the imn.orality
testimony came as no surpri-te. So
licitor Abernethy had insisted au
the while that he was not hacking
these allegations but was asking in
vestigation upon the eourt events
which found their stage set ring in
New Barn. The committee Ihrough
Its chairman expressed the belief
that there is not much in thete char
ges and proceeded as to trmp. rament
and temper, the first of which Judge
Carter is charged as being shy, the
seeond amply supplied.
He spent four hours in di ect ex
amination, but contrary to expec
tation, his evidence as to th? Aber
nethy case proved far less entertain
ing thsn many others which had not
appeared half so important in their
statewide significance. N. J. Rouse,
of Kinston, is examining tho Judge
and when the leading eoursel fin
ished tomorrow others will take it
up.
The First Witness
Conservative men who sre familiar
with the subject, declare the t in their
pinion the European war will some
(0 a olose within the next ninety
day. These men reason it oat that
Germany hat just about exhausted
bit resources and that the time hs
Sheriff Charles Reid, of Pasquo
tank county, was the first wi;ness to
testify this morning as to the ehain
gang incident, the criticism of the
County Commissioners, the assault
upon the guards, the escapt of the
prisoners, the order of the judge that
the shackles he removed and the
threat that if the guards struck the
prisoners they would be punished.
He said Mr. Scott. Chairman of
the Board of Commissioners for
twenty years, that he was hi ling be
hind the law and not doing his duty
and ought to be indicted, the Sheriff
said. "He said this in open court
and in a very harsh manner." the
Sheriff said. "Conditions wore very
bad at the chaingang and needed in
vestigation, but the effort of the in
vestigation was very bad. Our peo
ple criticised the judge sevrely. 1
did not find the marks of whipping
that I was told I would find, but did
find marks of diseases. T was told
that there were outs on prisoners but
found none on the two that I etamined
Conditions were very bad, chains had
been put on the necks of the prison
ers but Mr. G. M. Soott ordered these
off before Judge Carter came . Some
of the guards resigned. Some of
them had been drinking a good deal.
The frttness did not know whether
the Judge's conduct was responsible
for these resignations.
Sheriff Reid said that the manner
of the Judge's handling the situation
more than what he did, wiis objec
tionable. While conditions were very
bad the prisoners were kept in jail
and not allowed to work. "Is that
the nason for the critioism?" Mr.
Grier asked. The sheriff did not
think so.
Judge Manning brought out the
fact that a great roform bi d taken
place. New guards, new commiss
ioners, new everything had been put
there. The lawyer also brought out
she fact that the judge was referring
to a Supreme Court decision in tho
Kipper-Johnson ease when he said
that the guard that laid hands upon
the prisoners would be punished crimi
nally. The sheriff was asked whether
the Colonel could make himself solid
with a certain element of he did ap
pear for them. But 1 remember the
impression made ol me was such that
I said I had voted against Turner
and was glad of it."
E. L. Sawyer, present recorder,
appeared for the guards who were ac
quitted by Judge Turner. "I may be
a little biased," he said, but I
thought the judge was a little fiery.
But he apoligised to Mr. G M.
Soott the next day when he discov
ered that he had mixed the names of
the two Sootts.
Mr. Doughton aiked Mr. Sawyer
if he thought the investigation before
Recorder Turner was one in the in
terest of the truth or for a "whitewash."
"At that time I thought it was in
the interest of the real conditions,
but I confess that after hearing Mr.
leigh's testimony I have ohanged
my opinion a little." He said that
he had not dicovered any attempt
to stop the evidence that the defend-
r.nts were not put on the stand. Ask
ed as to the oharacter of the recorder,
Mr. Sawyer said he was "a pretty
fair sort of fellow."
W. T. Boat Testifies
W. T. Bost testified as to the in
cident between Judge Carter, Solici
tor Norris and Attorney Beckwith
and said he did not think the manner
if the judge was more offensivo than
his attitude toward the witness when
n the stand. The witness saw little
if the Beckwith incident but declar
ed that Mr. Norris had said that the
bounty Commissioners were dfend
:ng the guards at the camp and meant
o appropriate funds from the county
o defend men charged with violat
ing a statute and he thought it improper.
ea my part which T an
the want taws the Manas 1
the QnUsissi toy who ktM
thsr mmf said Us memory was
wifck io4Wf
he narrated the
Wat an I was earning home to beat
or km M wile and that to shot la
sTI , a a a a
roiiHUd Alien mm
ler was turn re at the box. but it
was not so securely fastened as I 1 knew the nature of the arguments
thought and when it earns up Mr. that would tows bean made," Judge
Crumpler kicked it into the My Carter said. "I knew that the deed
room. It eansed took merriment "oald he glorified and that the
that everybody laughed and I joined
in the laugh I did not use the word
of emphasis that I sometimes do use
in private Later I heard that he
was hurt I shotteaed my dinner
and want to see him. He showed
me an abrasian on the leg and a
slight exudation on the thin. I apolo
gised and offered to tend a doctor
to him as he thought a break of the
skin carious at his age. He teemed
disponed to put the ease in the hands
of the lawyers and I did not wish
to prejudice his case." Re heard
something about the ease from the
amusing com nert of a lawyer.
The Foler Incident
As to the Fowler incident he said
his confidence in Mr. Fowler if such
that he would defer to the Sampson
attorney's recollection of their clash.
The judge did remember their
conflict and that the judge said some
thing which the lawyer seemed to
have misunderstood. I think Mr
Fowler lost his temper first," the judge
raid. Judge Carter ordered him to
sit down. Tney have since become
friends again.
ding of blood weald have bean called
deed of honor. While my experience
taught me that the jury would have
eqaitted the boy and that it ought
to have dona so, I think the effect
of arguments such as would have been
made would have been bad for the
community.
"My recollection is that Mr. Nor
ris, when I told him that 1 ldd not
see any need of prolonging this ease
nd that the economy of time it
would be well to direct a verdict
of acquittal, he did not object exoept
to taking the initiative. I realise
that the aolioitors are influenced by
local conditions while the judge's
office is transitory and I always vol
unteer to not know that it was any of
fence to Mr. Norris.
The Ethrldge Lee Incident
ymawen ineKaiaermt dosome-Fke mtM whn ft thif
rhing. So far, while the Teutons have
fought splendidly, they have been up
gainst a toeing game. It ii probable
3S Germany will make on mare
grand effort and then rue for peace
The primary for the selection of the
etj officials is only a few days dis-
Xand the fight for the contested
es waxes warmer and wanner
an the hours roll by. There is one
ting that the Journal is especially
interested In and that Is, to haw the
same Board of Aldermen returned
tar another term. It is certain that
the members from the first and third
wards will return as there is na oppoa
sitton. This being the ease it seam
an thai Aldermen suae ana scow
the seeond ward should be setnxv-
Both of those men have (jnmaa-
,ted their ability to handle the
office and have mad excellent re
eords. towe stoft. it will be a wrong
move to remove either of these gen
tlemen and to put on the Board
who are not rammer wttn ana
it condition of the eity. The
members of the Board shoald
be returned and we believe that
voters will readily see that thieJ
be best tot the eity in every way
will place civic pnae ana
l L tl .
nay personal preference
other
seems rather peeubar that Jfcdaav
should desire to se ihjwemdj
It
Cartor
tovhnt aeei
fa fallow
who Is charged
lentally caused the
man and than ailftlati
turn around, turn loose and; evan
. .. . .
n upon mm personal ap-
aaother young mas who
and with mabee 1m bJsJ
down a woman
Tet this is test what feeJ
Of In New tor. Looks as
k be had the
te the eity.
-
deUbereW,
Judge
thee
young James Baugham eft 7 anything in their defense. They
aid nothing and Judge Carter said
there was no promise of amend
ment, he could not afford to send the
prisoners back there. There was an
jneredibly large amount of whiskey
lelng used in the camp
Mi. Leigh told what Recorder
turner said to Co. Ike Meekins as
t nothing being against the guards
and to was going to tarn them loose.
Ms did not remember Judge Turner's
to would aosndt the man if
and that
W. 0. Saunders. Elizabeth City
iditor. was a witness for Judge Car
ter.
He said he had repeatedly deuounc
3d the chaingang conditions and from
sources that he regarded reliable he
had attacked the offioers.
He regarded the alleged meeting
as a put up job but later doubted
whether he should have said that or
not. But ho had intimations that the
prisoners were allowed to come to
town in order to make a demonstra
tion. He had received this from tho
prisoners.
Referring to the Meekins and Tur
ner incident as to the appearance of
Mr. Meekins in Judge Turner's oourt
as a condition to the discharge of
tho guards. Mr. Saunders said he had
heard the discussion and corroborated
the Elizabeth Cky man in main.
Mr. Saunders was asked about the
libel suits against him. He said he
had been acquitted by Judge Carter
defended by Manning and Kitchin
and by Judge Bradshaw. besides other
magistrates.
Col. J. C. L. Harris, of Raleigh,
asked as he took the chair, to be al
lowed to put in the record that he
was not a volunteer witness but came
by the mandate of the court.
"The court over-ruled Burton and
Norman without rhyme or reason,"
Colonel Harris said while everybody
laughed. "Your son tried the case
didn't he?" Judge Manning asked.
"Yes," repied Colonel Harris, tried
it and convicted my man without
any evidenoe. And Judge Cooke
tried the case and the defendant
was convicted. But I felt that my
client was deprived of his constitu
tional rights in the heavy fine impos
ed." The point was the same one
made by many lawyers. It left the
lawyers high and dry.
I The Colonel had no bitterness for
Hinton, superintendent , . . . . .hwoH W he did
not testifiy as one having motive.
Judrfe Carter Takes Stand
Judge Carter took the oath at 11 :40
"Shall I examine my client as to im
morality charge?" Judge Manning
asked.
Chairman Doughton ssid he
thought not, that the committee did
not think there is much in these.
Judge Carter said he was 57 years
old in Ootober. was admitted to the
bar in Florida, wss married in At
lanta in 1S88. He was admitted to
the bir of the state in 1897. He was
appointed judge to succeed Judge
J. 8. Adam in April of 1911. He was
nominated without opposition in 19
12 and has never lost a day from du
ties. He said he has held court in
more than half the counties ." I
have been a bad trader in the exchange
of courts," he said, "and have held
11 more weeks for other judges than
they have held for me."
fie said that he has thiee living
children bat asked that if the commit
tee would exouse bim from this line
of testimony he would ap precis te
it. He did stop long enough to say
that Mrs. Carter could not accom
pany him on his visits to courts and
that he never told Mr. Haddock in
Wilmington that the Judge was at
the gate at the station to meet Mrs.
Carter or that the "Coast Una had
some ease and I'll remember; this."
Judge Carter wid he wasnot meeting
Mm. Carter, but Mrs. J. W. Williams,
"the old lady whom yon saw on the
stand."
The judge toM about making the
box down. He eid, "I never had the
feeling that I was doing a Servian
more than I did when I kicked the
going on?
He said: "I was. 1 like a drink
when I get ready I am not a prohi-Mtionist.
Prof. M
of the county school of Pasquotank,
said be was present when Judge Car
ter visited his county.
The Judge found the "prisoners
with running scores, chains about
their necks and he referred to the
chain gang as s man made hell:
a characterization that I thought was
eminently just. The guards had been
drunk and some of the prisoners had
been unmercifully treated.
"I do not think the judge's manner
was severe. He was earnest. Most
of the criticism against the judge has
same, in my judgment from the land
mounted drunken sots.
There was some criticism from those
who indorsed the investigation but
Uft thought the remarks in the pre
nee of the prisoners were indiscreet.
Telts at Events
J. B- Leigh, lawyer of Elisabeth
City, debated the events as to the
ehaingang incident. Ho said Judge
Carter seemed to have had the two
leottf, one superintendent of the
ehaingang and the other chairman of
the County Commissioners, mixed.
"But he did not refuse to allow them
to peak," Mr. Leigh said, "fie
asked any of the men responsible to
VE ARE STILL SELLING GOODS TO
FARMERS AT FARMERS UNION PRICES
bb-68-71
Middle St.
Farris Nassef
C. L. SPENCER
Hay, Grain, Faedstuffs, Etc.
New Bern, N. C.
We Have Decided
The Baggett case in which a well
to-do Sampson man charged with
immoral living with a young woman
and fined $1,000.
In this case Clinton witnesses said
that Judge Carter bitterly rebuked
Eldridge Lee who took an affidavit
from Winnie Lucas, a little cotton
mill girl, in vhich she said the testi
mony which she gave upon which
Baggett was convicted was false.
"I did not know Mr. Lee then,"
Judge Carter said, "but the impress'
ion made upon me was that Baggett
is a mastetf.il spirit and that this
oaused him to over-ride the will of
the children who were witnesses
against him. The evidenoe was that
Mr. Lee and Mr. Baggett went out
to Winnie Lucas, the little girl of
not. more than twelve, I thought
It seems that Mr. Lee took this testi
mony of this girl and used the for
mula 'you are doing a serious thing
but did not take this girl aside and
ask her if she had been threatened
or bribed to make this statement
The incident impressed me
being a crime against childhood,'
Judge Carter said with feeling, "and
I do not pretend to say that I was not
indignant. Here was a magistrate
who merely used the formula that
a little girl could not appreciate, who
did not even apprise the girl that she
was committing a felony; here was a
masterful criminal spirit which had
debauched a girl who bore the same
as his wife and almost in his wife'
presence, and this defendant was in
tempting the processes of justioe.
I did direct the destruction of that
affidavit," Judge Carter said, "but
attorneys of Baggett agreed to it
I was convinced by the testimony
that the defendant had committed
a contempt of oourt, the evidenoe
showed that a negro doctor had been
examining the person of this girl
Vivian Tew. Had the attorneys
not agreed to do this, the order of
contempt would have been carried
out and the punishment would have
been greater."
Judge Carter did not recall the
clash with Attorney E. V. Young,
of Harnett. He did recall the Wil
mington blind tiger inoident In which
he fined Starkey $1,000. The Judge
said that to never put "peouniary
punishment upon a blind tiger unless
the defendant agrees to go on proba
tion. I sent him to the roads. "My
reason fcr this is that when you
stop a blind tiger from setting whis
key it makes him Want to stop the
other follow. I have found this to
work well. It makes the oonvioted
tiger vigilant and he whispers to the
offioers. i
The judge recalled the Cook ease
in Wayne and said that the jury did
acquit him of slaying a young man.
"It was a well-earned victory, and I
think Cook technically retreated to
the wall, doing all that he could to
prevent a fight which he had brought
on.
"I knew that the possession of a
pistol gaVa Cook the artificial car
nage to bring on the fight and I did
think a small fine for carrying con
cealed weapons would be right in
the case. The deceased left a wife
and one or two children and I thought
this widown aad children ought te
have something in the shape of a
fine. Too gentlemen know that a
judge has discretion that may be a
fine of two years imprisonment
Not An fan Hire of the Came
"The attorneys objected that
was depriving them of a well-earned
victory. I told them that they had
won a notable victory. I told them
won a notable victory but that I was
not sitting on the bench as the urn
plre of a game of skill between taw
yen." He accordingly fined the
defendant
Referring to the petition addressed
to Hon. frank C. Carter, a paper seat
up by Matt Allen, "Gentle men, it
was a vary foolish thing for me to
have dona," the judge said, when to
said that the sole offense was getting
The News and Observer Editorial.
"I thought our relations were cox-
dial until I was given sufficient rea
son for thinking that Mr. Norris
cams here and inspired and pro
cured an editorial in the News and
Observer reflecting upon me in that
case. And 1 never expect the friend
ship of a man who has done me
wrong. But I swear to this committee
that if I had known that Mr. Norris
thought that in the name of justioe
he was being deprived of the right
to go to the jury, that case wuold
have bean tried.
He referred to the testimony of
another witness in which a black
man was on the roads and white men
had escaped. The effort to give it
the turn of class appeal on the part
of the judge was answered by bim
at some length.
He said his memory of the case
was that a larceny had been commit
ted and his recollection wab that the
white defendants really made oats-
paws of the blank who served his
time. He spoke of the difficulty
of eonviotlng the white men of in
fluence and the ea w with whioh poorer
whites and negroes are sent to pris
on. "I was not trying array class
against class," he said "I merely
tried to prick the consciences of jur
ors and thus cause them to see that
such misoarriaged as these do not
occur. It is the only thing that I
know a judge can do."
The Beckwith Case
The judge briefly adverted to
Sheriff Edwards of Wayne who had
characterized the judge's conduct
at Goldsboro as "more like the ring
master at a dog and pony show" than
anything he could liken, and said,
"I have no reoolleotlon of having
mistreated Sheriff Edwards. If he
is as truthful as he is courteous, I
rest the case on his statement." There
was no suggestion of sarcasm and the
judge was evidently paying the shet
iff a compliment.
He referred to the "what's all this
damned row about topographers?
and said, "Again Solicitor Norris has
the advantabe of me in memory?
I do not recall saying that or that
any oiroumstanoes of the kind oooured
have said however, that before
I will endanger a charge of mine with
with an unintellgent stenographer,
win pay for a competent one my
self.
to extend Hir real Pirgt at ihe Yaat Kit for anatW 5
dmyt. If won hrrt not bought, now is tht time t MVre
Jttst sjsJ! and lot show you the goods and" mr loot
Middle St.
THE DAILY JOURNAL 14 PER YEAR
To Oar Out-ot-Town Customers
You art cordially invited to make our itoroa head
quarters when In tht city and whoa in need of any
thing usually carried by a first class drug store send
us your order we will giro it prompt attention Mrd
mail it to you on the first outgoing Parcel Post.
Bradham Drug Co.
The Retail Stores
Cor. Middle & Pollock Cor. Broad & lftddit
ha op." he said. 'Old man Crump-Ws name wrong, "ft was fast a IN
A. B. SUGAR
New Bern, N. C
Then came tne Beekwitb ease
Mr. Beckwith is the Raleigh lawyer
whom Judge Carter showed the door
"I Was in a plight embarrassing and
near deshabille," he said, "and Mr
Beckwith approached me in his ehar-
aoteristio attitude of grouoh and griev
anoo. The county attorney was
going to talk over things. The
judge's description caused every Rat
eigh lawyer to laugh. It seemed
to have made him friends.
The Judge then explained that he
is norvious and must often seek
surcease from oourt topics. He said
he did walk a great deal but ror ovexy
hour thus spent he had spent ten
with child ron or in other diversions,
that he often walked hours at a time
to relax himself. His doctor has
counseled this and it was his sava
tion. Court took a reoess at 1:30
until 2 o'clock.
The Chalngand
Judge Carter resumed his evidenoe
at the 3 o'clock sitting of the eourt
and took up the Pasquotank county
chaingang "insurrection."
The judge previously referred to the
Murray Allen inoident saying he did
not recall ordering the Raleigh law
yer to sit down.
"I always oharge grand juries as
to the chaingangs," Judge - Carter
continued. "I believe that our sys
tem of working convicts naturally
loads to abuses. After calling at
tention to the srand jury to the chain
gang, I heard various rumors of con
ditions at that camp. I have never
had much confidence in the ability
of grand juries to get at the bottom
of such things and so I had Che pris
oners brought Into the court.
"I found a number of them with
running sores which they said had
bean matt by chains. I found, too
that the guards wen getting liquor,
that one nod received 900 gallons of
whiskey and that the guards particu
larly on Saturday nights and Sundays
were very cruel. There ware no re
licious sarrloes.
"I came out of that room at out of
an "raferae," Judfa Carter saM, "
if I Raid this is 'a man-made hell,"
did not exaggerate the situation.
I did decline to sentence a man to
that place.
"As to the alleged insurrection one
of the convicts was serving a term for
manslaughter. It was against the
law for him to be there. But some
of these convicts did protect the
guards, one of Whom was beaten up.
I knew nothing of Recorder Turner's
oourt. I had observed that he did
not use good judgment in sentencing
men to the roads. And I had said
that a man in his oourt faced the man
anoe of the Pasquotank chaingang.
I do not reoall saying that I would
rather be a one-. legged nigger at
a kicking frolic than a defendant in
his oourt but rather that it were better
for a man that he were dead than on
that gang." The judge detailed some
camp testimony that cannot he print
ed. '
The Abernethy Case
Judge Carter began his evidence
in the New Bern case by saying that
he had had more disagreements with
attorneys whom he did not expeot
to interrupt the workings of court
than he has had with witnesses or
litigants.
Coming direotly to the issue be
tween himself and Mr. Abernethy,
he recalled the Baugham homicide
ease whioh Solioitor Abernethy said
was continued by consent. This
was the automobile accident oase.
The judge inquired into the reason
for this oontinuanoe and Mr. Aber
nethy said he thought the judge's
question was a reflection upon the
solioitor. Judge Carter said that he
told the solioitor that he meant no
reflection but that his treatment was
in line with the remarks of the oourt
in oharge. The solioitor, he said, told
the judge that the solioitor had been
unfairly and unjustly treated and that
he wanted to be heard. "I told him
that I wished to investigate the re
cord in those oontinuances and that I
would hear from him afterward."
The judge said Mr. Abernethy per
sisted in the demand for a statement
and again was told that he could be
heard from when the record was
found. "I told him that I could not
hear from him until I looked over the
record." Judge Carter ssid.
"He then began to make his state
ment and I told him that ha would
speak at his peril. He was very de
fiant and I could see that he did
not intend to sit down. I then leaned
over aad pointed either my finger or
my pencil at him and said, 'I command
you to sit down.' He refused to do
so ahtd I adjudged him in contempt.
"What I meant when I said that if
the flue was not paid by 3 o'clock
Mr. Abernethy was to be treated as
any other man, wss that hs would
ha put in jail."
"Mr. Larry Moore met me near the
news stand and said he wanted to
talk about the fine. I told bim that
until Mr. Abernothy submitted to
the authority of the eourt I eould
not "Umm the matter with bis at-
"The Sheriff presented Mr. Aber
nethy 's cheek- for the fine and to it
was attached a protest. The sheriff
asked me if that was to be considered
payment. I told him not because
the fine was being resisted and the
payment protested." This explain
ed the story that the judge refused
the Solicitor's check.
Judge Carter also explained the
fining of two jurors at this court,
but said they were the first he had
ever fined but they had not sort of
exouse and had kept their names from
getting in the grand jury list.
The judge then narrated the pub
licity part of episode and said, R. A.
Nunn, his counsel had asked to be
allowed to got the "supplemented
order" for the papers, that Mr.
Abernethy 's side had received wide
circulation. That accounted for its
getting to the papers so soon.
Cross-ExaminnUon
Judge Carter and the stenographer
rested a moment and the prosecu
tion conferred for cross-examination.
N. J. Rouse, attorney for Mr. Aber
nethy, oonduoted the inquiry.
Mr. Rouse referred to the charge
as to the conviction of oertain de
fendants and the acquittal of others.
"What I was doing was the express
ion of depreciation as to the compara
tive impatienee of the law to deal
with the pawnfal criminals and its
harshness as to the power and I
think so now. Our oourt, recorders,
superior and other have been all too
generous in furnishing convicts, often
youthful ones who are given tuition
in crime at these camps and are turn
ed out hardened criminals."
Mr. Rouse eleveily questioned the
judge as to his oharge that the law
is very efficacious in dealing with
negroes and poor whites." "Do
you admit such miscarriages of jus
tioe as have taken place in your
oouits are your fault?" Mr. Rouse
asked. Judge Carter replied: No,
but we have a distresing partisl and
one-sided administration of justioe
in North Carolina.
"Then yott don't hold yourself
but the juries responsible for mis
carriages of justice in your oourU?"
Mr. Rouse ssked. "I am dealing with
conditions in North Carolina." Judge
Carter said.
Mr. Rouse hem meted at the judge
a full quarter hour as to the "leflee
tion on Solicitor Abernethy." They
eould not agreed as to time of the
excite men snd an alleged remark of
the judge that this Baugham esse waa
one of the kind referred to in the
charge. Judge Carter said he had no
reooHeotion of tome of the evidence
against him oa the point. He did
not deny the evidence. Based upon
the alleged remark, Mr. Rouse ask
ed ii Mr. Abernethy was not justi
led in thinking the eoort had to
fleeted on him. Judge Csrter eid
lot think the hy pat helical question
fair snd Mr. Rouse did not press it.
W. K. Richardson returned last
night from Durham whore he was
called on account of the illness of his
mnther, Mrs. Kste litehardesa.