Jonathan Daniels, in Raleigh News and Observer
Rockingham, Oct. 6—Exclusion from evidence of the letters of Elizabeth Cole to W.W. Ormond, and medical testimony with regard to Miss Cole’s virtue brought the trial of her father, W.B. Cole, to an unexpected early close in the Richmond County Superior Court at the close of the sixth day of the trial.
Argument in the case will begin tomorrow morning with Clyde Hoey, brilliant Shelby lawyer, opening for the State. James. H. Pou of Raleigh, leading attorney for the defense, will follow Mr. Hoey. Solicitor Don Phillips will close the case for the State and A.L. Brooks will close for the defendant. The case is not expected to go to the jury before Thursday or possibly Friday.
Judge T.B. Finley announced today that he had abandoned his idea that he would require the jury to state whether or not in the event that they found Cole not guilty of the murder of Ormond, it was on the grounds of self defense or insanity. Under his duel plea in this case Cole does not face the danger of commitment to the criminal division of the State Hospital for the Insane if he is found not guilty.
Judge Finley ruled out the medical testimony as to Miss Cole’s virtue and the introduction of her letters on the same grounds. He held that Cole’s mental condition was brought about my Ormond’s letter “slandering” his daughter and that the truth or falsity of Ormond’s statement had nothing to do with the case.
Takes Heart Out of State
Judge Finley’s ruling cut the heart out of any fight by the State on the phase of “unwritten law” which is woven through all the intricacies of the case for the defense. The defense has not put on a single eye witness to corroborate Cole’s story of the killing which he contends was done in self-defense. Not a single alienist has been put on the stand to substantiate the plea of insanity. Cole’s acquittal rests only on the grounds of the “unwritten law” or a variation of it which would justify a killing to hush slander. Judge Finley today shut out all evidence of the State against this predominating phase of the case.
Counsel for the defense furnished Judge Finley with a 21-page document embodying their contentions in the case, Judge Finley asked the State to furnish him with similar matter. On the basis of the two documents Judge Finley will formulate his charge to the jury.
Although the testimony of Dr. H.H. Dodson and Dr. J.T.J. Battle was excluded from the case, it was given in open court after the jury had retired for the purpose of showing what the defendant would have proved. The defendant entered an exception to the ruling out of this testimony.
Judge Finley ruled out Elizabeth Cole’s letters although attorneys for the State maintained that they were competent for the purpose of impeaching Miss Cole’s testimony in defense of her father, for the purpose of impeaching Cole’s own testimony and also because the defense introduced in evidence other letters in the correspondence of which Miss Cole’s letters were a part.
dence Concluded
The defense rested its case shortly after 11 o’clock this morning and the State, after presenting rebuttal testimony, closed at 4:40 this afternoon.
This morning, the defense tendered to the State for cross-examination Miss Katherine Cole and Robert Cole, son and daughter of the rich mill operator who is on trial for his life. The State excused both witnesses without a single question. The defense put on several other witnesses to testify to Cole’s mental condition and his character this morning.
The State in rebuttal offered several other witnesses of the homicide. It also presented evidence as to Cole’s apparent mental condition. George Beverly, Duke University student who testified for the defense last week, was called back for further cross examination. Two witnesses were put on to show that he had made conflicting statements. Cutler Moore of Lumberton, who served in the same outfit with Ormond during the war, testified to his disability and his service.
Judge Finley’s decision to exclude Miss Cole’s letters came near the close of the State’s case on rebuttal.
Larry Moore of the private prosecution explained that the State wished to introduce the letters which were identified by her when she was on the stand as a witness for her father. He declared that the State wished to introduce all letters and that it wished to read some of them to the jury. He stated that the others would be given to the defense counsel to go over and any of them would be read to the jury if the defense wished. He stated that the letters were offered for the purpose of impeaching Miss Cole’s testimony.
“We have contended and we now contend,” he said, “that it is not our position to declare the truth or falsity of the letters from Ormond introduced by them, Your Honor this is an unfortunate situation. We are not going to let this young lady’s character be thrown in the breach in an effort to save her father from a punishment that ought otherwise result. I stated in this presence and declare that the character of that dead boy lying in the cemetery of Rockingham is entitled to just as much consideration as anybody in this court room.
t Letters Would Show
He declared that “the letters would show that when Bill Ormond came to Rockingham he met Miss Cole at other places than at the Cole home at the girl’s invitation.”
Harold Cooley, of the prosecution, declared that although Miss Cole testified she was never engaged to Ormond, her own letters would show that she was and that her father knew of it. They would show, he said, that Cole came between the sweethearts and took his daughter away from Bill Ormond.
Mr. Moore asked Judge Finley to read the letters to see whether or not he thought they were competent. He called a short recess and read a few of the 25 letters but declined to change his ruling.
<>rneys Dissatisfied
Great dissatisfaction was expressed in the court room not only by spectators who were anxious to hear the contents of the mysterious letters but by attorneys for the State who could not understand the ruling after Judge Finley a few minutes before had allowed the State to put on two witnesses for the purpose of impeaching a minor witness in the case.
During the argument over the letters, Miss Cole showed greater anxiety than at any time during the case. She reddened and several times during the arguments her lips noiselessly formed the words “Not so.” Cole was calm as usual.
Dr. H.H. Dodson, Greensboro physician, was called to the stand by the defense to testify to an examination made by him to determine Miss Cole’s virginity. Clyde Hoey, of the private prosecution, objected to the testimony.
“We say that Miss Cole’s virginity is not in issue,” declared Mr. Hoey. “We do not say that it is not controverted but that it is not a material issue.” Mr. Hoey cited decisions to support his contention.
“It is manifest that it is the intention of the State,” declared J.A. Lockhart, of the defense counsel, in answering Mr. Hoey, “not to openly and boldly, but by insinuation and innuendo to attack the character of a North Carolina woman.
Judge Finley told the prosecution if it were not controvert the virtue of Miss Cole he would exclude Dodson’s testimony.
Hoey answered that the contention of the State was that her virtue was not a material issue. He said the only question was the effect of the alleged slander on Cole’s mind. He declared Cole believed it to be false and the effect would be the same even if it were proved to be true.
Admitted Nothing
“We don’t have to admit anything,” declared W.C. Douglas of the private prosecution. “We have some letters, and we expect to introduce them as an attack on Miss Cole’s character as a witness, not as to her virtue.”
Judge Finley told the State that if it would eliminate the letters, he would eliminate Dr. Dodson’s testimony, but that if the letters are to be introduced he would admit the doctor’s testimony.
Judge Finley then announced that he would exclude the evidence of Dr. Dodson for the present. At the afternoon session, he ruled it out altogether.
The defense took an exception. The jury was sent out and Dr. Dodson gave his testimony in open court to the stenographer.
He said he had never seen Miss Cole until September 9th, when, in the presence of Dr. and Mrs. J.T.J. Battle of Greensboro, he made a “very careful” examination at Dr. Battle’s home. He was satisfied, he testified, that she was a virgin.
Dr. J.T.J. Battle, chief medical examiner for the Jefferson Standard Life Insurance Company, corroborated Dr. Dodson’s testimony. He said that A.L. Brooks, of the defense counsel, asked him to make an examination and that he made “a very careful and painstaking examination” at his home on September 9th.
Pure as Babe
“I arrived at a definite opinion,’ he said, “without any mental reservation and without any fear of successful contradiction. It is my opinion that Elizabeth Cole is as pure as a new-born babe. I agree with Dr. Dodson in every particular.”
From page 8 of The Concord Daily Tribune, Wednesday, Oct. 7, 1925
newspapers.digitalnc.org/lccn/sn92073201/1925-10-07/ed-1/seq-8/
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