In which a mistrial is called for jury tampering, and two black men, William Simpson and Sidney Earp, are selected for the new trial of two White Caps accused of terrorizing their white neighbors over a road dispute.
No. 38 State vs Pharaoh Rowe, Ephraim Bass et als. } Order
In the above entitled cause the indictment alleged conspiracy between Defendant & other parties to tear down a fence of one Leora F. Lucas, also to burn tobacco barns of said Lucas, and also charged the overt act. The jury was empaneled on Monday afternoon and evidence was introduced tending to show that a secret organization known as “White Caps” existed in certain parts of said County for unlawful purposes and that one or more of defendants belonged to the same and that said white caps had torn down the fence and attempted to burn barns of said Leora F. Lucas: Court adjourned at six o’clock P.M.
On Tuesday morning the solicitor for the State asked that the jury be allowed to retire a few moments and they repaired to their room. The solicitor then stated that information had come to him that one Coleman a juror was a member of the white cap organization. The state then introduced evidence that said Coleman was frequently seen in conference with Defendants just before the trial, and that he went with Defendants to office of counsel. It was admitted that juror did go to atty’s office but did not go in to the conference but remained out on the porch.
The Court thereupon withdrew a juror and ordered a mistrial. A. W. Graham, Judge presiding.
No. 38 State vs Pharaoh Rowe, Ephraim Bass et als. } Order
In this action it appearing to the court that there are two defendants and the regular jury being exhausted, and the sheriff having announced that nearly all bystanders in the Court House were either kin to defendants by blood or marriage or were witnesses in the cause, it is therefore ordered that the Sheriff of Wilson County summon from the body of said County 170 citizens being men of good moral character and freeholders as a special venire to appear forthwith from which a jury shall be drawn to try this cause. Sheriff shall take them from that part of said County as far remote from the scene of the alleged burning. A. W. Graham, Judge presiding.
And from the said special venire he following jury were drawn and sworn as a jury to try this cause:
Joshua Haynes, W.S. Williamson, J.C. Morris, G.P. Bryant, Haywood Winstead, Wm. Simpson, col., E.C. Winstead, Sidney Earp, col., J.L. Batts, W.T. Pittman, C.L. Brown & A.T. Stott.
Pending the trial of this cause the Court takes a recess till tomorrow morning at 9 o’clock.
A. W. Graham
Judge presiding
Here’s the back story:
Wilson Times, 12 June 1896.
The case finally went to trial in November 1896 and, after all the evidence was introduced, the defendants pleaded guilty to conspiracy and nolo contendere to the rest of the charges. Per a 15 November 1896 News and Observer article, judgment was suspended upon payment of costs, estimated at more than $1200. While “very heavy punishment” due to defendants’ poverty, the punishment was generally viewed as “charitable and merciful.” (Especially, perhaps, for Rowe, who got gut-shot for his antics.)
Two months later, Rowe and his compatriots were back in court to answer for more White Cap vigilante hooliganism and, as we’ve seen, four black men sat in judgments of those crimes.
Wilson County, N.C., Superior Court Dockets 1886-1897, http://www.familysearch.org.