Rockingham, Oct. 5—Mrs. W.B. Cole lifted the trial of her husband for the murder of W.W. Ormond to something lofty Monday when she took the witness stand in the Richmond county Superior court to testify to the mental condition of her husband during the months preceding the killing and after the so-called “slander letter” from Ormond.
Mrs. Cole presented no remarkable evidence but she did give to her husband and her home an air of nobility. Her presence and her manner gave the jury of 12 substantial Union county men the spirit of a home filled with love and happiness. She made her story of sorrow in the home a picture of almost epic tragedy. The testimony of her husband and daughter was more dynamic and more sensational. Mrs. Cole’s story was beautiful. She is untouched by the stigma of the killing but the agony of it seems to have touched her most of all.
Mrs. Cole’s testimony came at the close of a day on which many defense witnesses testified to the poor physical and mental condition of Cole and to the presence of a pistol on the seat of Ormond’s Ford car a half hour before the homicide. Other witnesses testified to the good character of Cole and Miss Cole and other defense witnesses.
Finley Rules
Judge Finley began to rule against the presentation of certain evidence which the defense has been introducing in the case. Until today, Judge Finley has allowed wide range to the defense in introducing evidence under the plea of insanity on the grounds that it tended to show the mental condition of Cole. He excluded evidence of uncommunicated slander alleged to have been made by Ormond against Miss Cole. He also formally declared in open court that the defense must prove a mental disease and not brainstorm under the “transitory insanity” plea.
An unusual feature of the court Monday was the opening here of the regular term of Richmond county Superior court which is scheduled to begin here. Judge McElroy opened the term formally. Solicitor Phillips informed him that the Cole case begun at the special term which began last Monday would not possibly end before Wednesday and that he did not believe any cases could be taken up at the regular term. Judge McElroy adjourned court until Wednesday morning.
The defense presented a surprise today when C.c. Shores, state automobile inspector, testified that he saw a pistol on the set of Ormond’s car half an hour before the homicide was committed. His testimony was corroborated by three persons to whom he told what he saw soon after the homicide.
A.L. Brooks of the defense counsel, during the debate on the admission of evidence at the morning session, declared that it was foolish for the State to contend that the virginity of Miss Elizabeth Cole, one time sweetheart of the dead man, was not on trial. He declared that the defense was not relying on any unwritten law but that every man in North Carolina knows that when a man charges another man’s daughter with being “a whore” he takes his life in his own hands.
“The defense is attempting to cloud the issue,” declared W.C. Douglas, of the private prosecution, “and to throw this man’s daughter in the breach for the purpose of affecting the jury. What in the world has Miss Cole’s virtue or non-virtue to do with the guilt or innocence of her father? If Cole comes into court and admits he shot Ormond because he slandered his daughter, he is guilty of murder in the first degree and every lawyer knows it.”
The jury was sent out by Judge Finley during the argument.
From the front page of the Carolina Jeffersonian, Oct. 6, 1925
newspapers.digitalnc.org/lccn/sn92073001/1925-10-06/ed-1/seq-1/
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