Saturday, March 21, 2020

Judge Ray Censures Jury For Failing to Convict Connell Talley, March 19, 1920

From the front page of the Brevard News, Friday, March 19, 1920

Judge Bis Ray Censures Jury

Hendersonville, March 12, 19020—“Breeders of lynch law” was Judge J. Bis. Ray’s characterization of the Connell Talley jury verdict of not guilty when he peremptorily discharged the jury and told its members they could never again serve under him.

Judge Ray said in his address to the jury that their verdict of not guilty was a flagrant miscarriage of justice, that a verdict of first degree murder was predicted on the evidence, and that by their failure to return such verdict they had shown themselves to be moral cowards that they had been weighed in the balance and found wanting.

“Such blunders as yours in this case cause shot guns to roar in the hands of the angry mob and lonely trees to groan beneath their gruesome burden.” Judge Ray said: “I would not be performing my duty did I not publicly censure you for this verdict.” He reminded them that he could not tell them what verdict to return but he had cautioned them to consider all the facts and return a verdict in accordance with these facts. He said he had no apologies to make for his remarks. Judge Ray is being generally condemned here for his censure of the jury.

Connell Talley, 17-year-old white boy, confessed to complicity in the murder of Will Erwin on December 31, his alleged partner, Jim Thomas, colored, has not yet been tried.

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