Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1845-01-17

wv" III s'dteu twice or thrice that he was
whether 1t " as SUNDAY or Mon
dav.
The whole proof then established these
lac's:-lst, that Mr.. Enneti's three sever
al statements of the manner he got posses
sion OF the spurious certificate, was not
or improbabe-tlat he was that
good. honest, simple, confiding man. that
might easily have been imposed upon in
City where he was a stranger and did not
know The habits of intercourse. I'd, That
he had no motive to palm forged cerliti-
cate upon the Senate, as he knew he could
OBTAIN his seat by other proof of his cleo
ton. Sd, That as soon as he heard it ru-
mored that its genuneness was suspected.
on Tuesday morning before the Senate
was organized, he called on the Senate's
officer. Mr.. Stone-made full AMI open
statement Of the matter. which, if lie was
guilty man. it is improbable he would have
DONE as the officer by reporting i, TO the
Senate placed ii in the power of that body
10 resrind the order admitting him to his
seat. and thus have defeated his " hole pur-
pose. 4th, That as soon as he received
the genuine certificate from the Sheriff
whereby he was enabled to form q belief
as to the true character Of the irsi Certif-
cate, he lost no time in stating tina, belief
to the Senate and asking for Committee
of Investigation.
The Committee Of Investigation rested
their belief Of Mr.. Ennetl's gull, upon three
principal points; LIST, the general maxim OF
law that he who is in the possession of a
forged instrument, and gives no satislacto-
ry account Of the manner he got the pos
session, nor the person who did 1t, and u
ses it for his own benefit, must be presu-
med To have forged i, himself. I'd, That
the manner that Mr.. Emmett got possession
of The certificate, was SO suspicious IN 1t.
self, that every other man would have sus.
pected it under like circumstances. Sd
That Mr.. Ennelt's statement ought To be
discrediled because lie did no, inf"rm his
roommate. jackson. he had received it.
We shall examine these points in their or
der.
lst. As to the maxim Of law.-We say
that lis application to Mr.. Els case was
too harsh and ,nquohfed, and that ever
as harslIy as they applied 1T, it only RAISED
a technical presumption Of guilt. which
under the. exercise Of IA small degree of1ht
ordinary benignity of the Jaw. was com
pietey repelled by the fact. of all absenc'
of motive ON his part 10 forge certificate
hv his conss.tn, and reasonable arcoun
of che way it came int" his possession; an'
bv the ptOufo of his unbIemisIled, simple
confidmg character, which latter fact, he
good character, the committee tl6 n"t al
Jude ~ in their report. and therefore W
must presume did not enquire into ii, no.
withs,audiny in their report. they expires
such great an1iey I" i"d out anil re
port to the Senate all the evidence tia
might establish Mr.. Ennett's innocence.
The rule ct evidence which the Con
nittee ought to have applied /" his ease,
this. '",har ~ here llie possession IS ct sue
"a kind. as ma'iffsfs that the stolen good
Tor forged cer,iirate) have come to tn
"posstssor by his oun act or WAh hi
mdou6ted concurrence i, affords pre-
sumption of guilt. See Judge Castor
opinion in the late ease of the State u
Smith, ID lredelI's rep.) In MIR. Emmett
case the evidence did not NANTES that tn
. spurious certificate came to- his pesse>sin
bv his o,vn act. nor By his own concu
' renee, nor. that no other person coul
t hare had q n1ofiuc to put the possessio
i anon him. His statement being that
=, all honest man, and made part of the ev
= dence in the case, showed, thai LIE
TER was put into his possession, by q
. unknoWn hand, and that until he opene
e IL. he did no, know VIVA, it contained; at
S that before he opened ii, the unknow
;, bearer of that letter was gone. He h.
: no suspicion of any thing being AKRON!
}. bee ause letters are oflen times handed
S unknown hands-hecause effice-seekers
: bout Raleigh are IN the habit of sendll
$ letters to membt rs in every form and wa
0 and he expected d, first tina, il was lett
1t from an offiee-secker, and after he open'
) it, and found it contained certificate
C his election. i, was wha, he also expect
3 to arrive every hour, although he did a
J. know certainly in what way, by hand
s. bv mail /; and he had enquired that MIG
at the post office, and had no, obtained
IF before this letter vas handed 10 him. Il
r. statement then showed, that he di,! not &
:. quire the possession of the certificate,
e his oyn agency. but that it was put up
y him under cover of LEITER-not 6y /
d o,cf, concurrence. for he did not kne