Judge Finley Severe
on Cathey Juries
Asheville, Sept. 20—Deploring what he considered to be two
of the most unfortunate miscarriages of justice within his recollection as a
lawyer and judge, Judge T.B. Finley of North Wilkesboro, who is presiding over
the present term of superior court here, brands the action of the juries in
freeing George Cathey of manufacturing liquor and perjury as a victory for the
criminal element of the community. Juries which returned verdicts of not guilty
against Cathey were not governed by facts in arriving at their decision, the
jurist stated, rather he is included to the belief that they were controlled by
“sympathies and prejudices and political cross lines.”
Judge Finley is convinced that Will Long and Jim Lawrence;
arrested at the still which Cathey was tried for operating, were not the
owners, but whether he believes that Cathey is guilty of operating the still
and committing perjury in testifying concerning it. He admitted last night that
he was tempted to discharge the jurors in disgrace and have the records of the
court stand against them for all time, but he added that it was not his policy
to take such action. He would regard that as classifying all the jurors as men
unworthy of trust, whereas he believes that, mistaken though he thinks they
were, some of the men who tried Cathey agreed upon a verdict which they may
consider conscientious.
The testimony of Chairman Patton of the county board and
Sheriff Mitchell, backed up the better element of the community, was strong
enough to convict Cathey, the judge declared, and it should have done so. He is
sorry that the better element of the county does not back up the solicitor and
state like the criminal element backs up the criminal when he is on trial.
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