Judge Upset That Juries Refused to Convict George Cathey for Manufacturing Liquor and Perjury, Sept. 20, 1919

From The Hickory Daily Record, Saturday, Sept. 20, 1919

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.