Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1852-04-30
Superior Court.

McKevitt at Smithville in December last in
about eleven o'clock on Thursday night god instant,
with verdict of manslaughter. o. man named
Lawer was to have been tried at the same time for
the same offence. but on account of the absence of
some witnesses his case continued
The history of the case, developed by the evil
dence would appear to be that on the night of the
2st of December last, the deceased. Ryan, Lawler.
CARLYLE. and named Coyle who was tried and
acquitted at Smithville, engaged in some
gry discussion before tattoo. that is about o'clock
that the deceased had been struck by brick some
such thing. and that he was very much excited and
challenged any one who had any spite against him
to meet him in fair fight. Offering to waive his
thorty as Sergeant for the purpose That after tat
too the fonr went out together from the garrison:
that cry of distress heard from the direction
in which they he'd gone which cry was in the voice
of the deceased That the prisoners returned with
out him. and with marks of blood upon their clothes,
and that next day the dead body of McKevitt
found marked with stabs and other injuries, which
had no doubt been the cause of his death. The
diet of the Jury shows that no doubt existed as to
how the deceased came to his end He died from
the effect of injuries inflicted by the prisoners But
the Jury not satisfied of the intent to commit
murder it appearing probable that the death had
occurred in fight mutually undertaken. Such, we
presume. is the inference.
Coye. the man who had been acquitted at Smith
Vile, certainly gave of the strangest sort of
testimony We learn that he is now in custody on
the charge of having committed perjury. 1t struck
everybody.
Mr. Solicitor Strange conducted the prosecution
1o11 IL
was one of the most effective we have ever heard
D. K. McRae, Robt Strange, Jr., E. w. Hall and
T. c. Miller, Esqrs.. appeared for the defendants,
and left untried no honorable means that talent
zeal and ingenuity could suggest for the acquttal of
their clients
His Honor closed his charge about 9 o'clock, and
the Jury remained out about hour and half
when they brought in verdict as already stated
1" Felonous Slaying."
This is the first Court which Judge Ellis has held
here since taking his place upon the bench, and SO
far have been able to or hear, the impress
sion made by him has been universally favorable
The blandness of his manners-his perfect GOODNESS
and self-posses<on-his respectful attention to the
arguments of counsel and to the business of the Court
cmnently qualify him for his present position while
his clear mind and active studies will give value
and weight to his legal opinions. Judge Ellis bids
fair to occupy high position in the Judiciary of N
Carolina
On Friday negro man jack was tried for arson
on the dwelling house of Solomon w. Morse, on the
Sound. Acquitted.
Jesse Holly. free muatto, tried for murder and
arson in having killed Swele named Hendrck, liv-
ing near the Railroad. about II miles from town, and
also in having set fire TO his house. We learn that
the Jury came in about - O'Clock at night with a
verdict of guilty. We learn that there are other capt.
tai cases TO be tried today and is almost impossible
that all OF them can be reached this term. Nothing OF
course can be done with the civil docket. We have
never known as heavy State docket in this county
The case OF the soldiers from Smlhville which occu.
pied two days, was, however, removed here from
Brunswick.
District Convention.
The proceedings of the Democratic District Con
vcnlion. which we give in full, explain themselves
and require remarks upon our part The feeling
which animated the Convention was of the proper
kind and spirit of harmony and conciliation anC
mutual forbearance was displayed upon all hands
Such feeling. and such of action, is neces
sary-indispen necessary to success, and W
hope that the time has now arrived whel
all personal prejudices-all displays of excite,
feeling will cease or be laid aside. With
willy opponent against us, with Sewardism raj
lied under the banner of military chieftain, an
the renown gathered on the battle field brought t
give currency covering to the hereses of an abon
inahle faction, it becomes i'll to quarrel anon
ourselves, to denounce good and true men of on
party for trfing differences of opinion, perhap
maginary faiIings. We must be moderate, kin
and conciliatory if we would expect moderation
kindness and Cancellation from others and withor
the exercise of these virtues no extended organize
tion could exist day.
But the first step has been taken towards distrit
organization, and with the best prospects of success
With half a chance, the old Cape Fear district wi
do as she always has done ately-increase her m;
j.rity.
Arrival of Steamer Asio-Threc Days Later fro1
Europe.
The Steamer Asia, from Liverpool, arrived
New York on the 2lst instant, bringing dates to II
10th. At Liverpool, the 10TH the dullness in II
cotton market had increased and buyers had Obtain
ed slight advantage. In common qualities the
mand was light. The sales for the week amountt
to 2l000 bales.
The British Parliament was to have re-assemblt
the 10th inst. The second week in July had bet
zenburg has excited considerable interest in Europ
AS prime minister of Austria he exhibited talents
u ruler unrivalled on the continent and the reco