Richmond County Court House, Rockingham, Oct. 7 (AP)—Argument of counsel and the charge of the court today stood between the jury’s consideration of the murder charge against Wm. B. Cole who last August 15th shot and killed W.W. Ormond, his daughter’s former sweetheart.
Seventeen attorneys for the prosecution and defense are scheduled to speak for their sides, and it was indicated today that Judge T.B. Finley’s charge to the jury [probably would?] not be made before Friday.
“This case must be tried on the evidence, and not on the sympathies of the audience,” Judge Finley declared when court opened. He cautioned the crowded court room that demonstrations will not be tolerated.
Clyde Hoey of Shelby first addressed the jury for the state.
“Without malice, without hatred or without bitterness in my soul, I come to interpret for the state the evidence of this trial.” The speaker addressed himself to three propositions: first, that Cole shot Ormond after premeditation and deliberation after malice aforethought; second that Cole did not shoot in self-defense; third that Cole was not insane when he shot and killed.
“We do not ask that Cole be found guilty because he is wealthy and powerful. We do not ask that you convict Cole because the man he killed was poor.
“It would be a travesty on justice and an everlasting shame on the state of North Carolina if Cole should be excused because of his money, possessions and power.”
Mr. Hoey then traced the early relations of Cole and Ormond, of how Cole first liked Ormond and later changed. He quoted from the first letter Ormond wrote and the last communication Cole testified he had from Ormond.
The letter said that Ormond was through with the Coles, that the matter had dropped out of his life, and he did not intend to pick it up again.
A crowded court room was attentive and quiet. Tears were in many eyes as Hoey discussed Ormond’s work at Raleigh and his letter to Bynum, saying:
“It is the best job I ever had, and I’m going to make good in spite of the Coles.”
Cole sat undisturbed as the speaker pictured him as a deliberate murderer. He was slightly nervous, Miss Elizabeth Cole, his daughter, sat behind him. Tears were in her eyes.
Clyde Hoey was taking apart every detail of the trial, every scrap of evidence.
He read to the jury the letter Ormond wrote to Cole telling of his relations as “man and wife” with his daughter.
“The defense will interpret this letter as a slander. Every line written by Ormond, and all their references to that dead man has been unfair. Wouldn’t it be fair to interpret this letter justly?
“I don’ t know whether what he said in that letter was true.
“God knows. A woman knows. A dead man knows. If every line in that letter was a lie, Cole should have sent him to the road for two years.”
He read the law on slander.
“W.B. Cole has done something the legislature of North Carolina has never done. He has killed a man for what he said was slander.
“He has been his own judge, jury and executioner. He decided Ormond should be killed, he decided to kill him, and he killed him.”
James H. Pou, dean of the defense counsel, spoke after Mr. Hoey.
“We admit that W.B Cole killed Ormond,” Mr. Pou declared, “but we contend that if Mr. Cole honestly believed he was in danger, and honestly acted on that belief, he is not responsible and should be acquitted.
“The law of North Carolina on insanity was quoted, but it was not read in full. The law says that a man to be justified in killing another must have known the character of his act. That much has been read to you. But the la says ‘The man must not have known the character of his act, or if by reason of mental diseases the defendant did not know that what he did was wrong.’”
Mr. Pou paid tribute to the Rev. John J. Harper, writer of the law that gives a man charged with capital crime a right to appear in this defense.
The burden of Mr. Pou’s argument, which he based on numerous questions from decisions, was that Cole’s guilt or innocence depends not upon whether the conditions justified his act, but whether his apprehensions were such that he believed himself in danger of bodily injury.
Mr. Pou read the law on insanity, which he charged Clyde Hoey with not completing, and Mr. Hoey interrupted him, “I read every word, Mr. Pou, I do not intend to misrepresent.”
“We contend first the Cole has had a reason to believe his life in danger, and second that after a period of six months of worry and fear, his mind was in such a stage that he believed he should kill him.
“The state says ‘Hang Cole for his crime if you can, but if you can’t, hang him for his money.’
“I charge the prosecution to declare the truth or falsity of the slander letter; if it was false, it was a damnable lie. We want the state to say.”
From the front page of The Concord Daily Tribune, Wednesday, Oct. 7, 1925
newspapers.digitalnc.org/lccn/sn92073201/1925-10-07/ed-1/seq-1/
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