Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1855-07-27

land papers of Tuesday give the verdict Of the coro-
ners jury who nave been engaged in considering tes.
tmony offered with regard TO the death of John Rob-
bins, the sailor shot during the late liquor riots in
that city. by the military, acting under the orders of
Mayor Dow. The Jury commenced their investiga.
ton on the 9th of June and concluded it the 9th
inst. The verdict fills column and half of the
Argus. 1t declares that the death of Robbins was
caused by ball discharged from gun in the hands
of some unknown person, who either member
OF the Rifle Guards or was acting as volunteer
member of said company; that the firing of the
musket part of a volley from the liquor agency
store by order of Neil Dow, Mayor of Portland
The jury further find, that the precept under which
the military called out unauthorized by any
existing law of the State the act under which
issued having been repealed, and there not at
that time any authority under the statutes of the
State, by which military force could be called, by
any mayor OF city, or by any such precept as was
issued in this
The jurors canno, doubt, that few policemen,
acting in concert, could easily have dispersed the as
sembage and arrested any persons present disposed
to commit acts of violence The following is the
concluding and most important part of the verdict:
The Jurors are not satisfied that any eXigency eX-
listed, requiring the to such extreme measures,
hnfnro tho other usual and legal expedents had hoan
resored to, to dispersc such an assembly, even it
there had existed any authority by law in any May
or, or other single magistrate, except the Governor OF
the State, TO call out military company under such
circumstances. The private citizen who apprehends
an unlawful and forcble invasion of his rights of
person property, may be justified in doing nothing
more than to prepare himself with the means of as
sistance and defence, and when the attack is made,
to use the tOrce necessary to overcome it, But il is
believed by the jurors, that under circumstances like
these, there is deVolved upon the authorities of
city, and It's police force, the cOnservaors of the
public peace the higher duty of preventing, as far
in them les the necessity of such resort to acts
of violence and of using all the means in their pow
fha nd fhoy,o ,of
passyely to await the opportunity of inficting pun
shmenl without having first resorted to the means
of prevention.
And now, after full consideration of all the evil
dence in the case, the jury find, that the said John
Robbins to his death by and through the agen-
cy of said Neal Dow, Mayor of the city of Portland
III the manner and by the means aforesaid, and in
consequence of the rash and illegal order to fire Civ
aforesaid by the said Neal Dow in the said city
store, by the said military company called the Rife
Guards; and that the homicide of the said John Rob
bins, by the said Neal Do , in the manner and by
the means aforesaid, was, and is, without any lega
justification or excuse.
But whether such homicide committed under the
circumstances aforesaid constitutes the crime of
der, manslaughter only, the jury not able tt
decide and therefore leave that question to be deter
mined by the appropriate Law Tribunal of the State
Such being the conclusion to which the jury ar
brought by the evidence, they further find, in the Ian
guage of the Statute, that the said John Robin
9 died of Felony" and not g by mischance acci
dent" And with a view that justice may be done il
the premises the jury recommend that the witnesse
whose testimony appears to be materla be require
to enter into recognzance. according TO law. for the
personal appearance at the term of the Supreme Ju
dicia Court for the transaction of criminal business
next to be holden at Portland, within and for 1h
e County of Cumberland, the last Tuesday of Jul
current, that all the facts respecting the death
the said ohm Robbins, and the criminal conduct
said Neal Dow, may be in the usual manner laid b.
fore the Grand Jury, then and there to appear agre
ably to the Statute in such case made and provided
MELANCHOLY OCcURRENcE-It is our painful dut
10 announce the sudden and dreadful death OF ID
Thomas H. Averett of this place He was in b
library Saturday evening last, reading and wr
ting, surrounded with Looks and newspapers
gentleman riding by observed light in the room
and suspecting that AL not right, jumped tro
his horse and rushed in, and, horrible 10 tell, di
covered the doctor with all his clothes nearly burr
!, off him. He called for assistance, and medical q
( was Immediately sent for. But it was all over, ar
r he died in about thirty minutes in great suferln
It The doctor being alone, usual with him when
II his study it is impossible 20 say how the fire orig
v mated. He had not long before called for fire
light his pipe, and it is onjectured that, ha7iI
lighted it, he laid down on his couch, which W
considerably burnt, and fell asleep and that, Will
in that situation, his pipe fell from his hand and
1T nited his clothes, which were very thin and ligt
1t also supposed, and very reasonably, that he
unable to call for help sufficiently loud to be hear
- as he was laboring under the effects OF paraly
attack of some months standing which affected
e speech very much
:; HalJar Court House VA ADVOCATE
re The above (says the Richmond Enquirer) confr
the distressing intelligence received few days SIM
IN Dr. Averett we have known long and well, and
ways with admiration for his high character, f
talents, and noble impulses. He served in the st
= legislature and in Congress with distinguished alb
eS ty He was sound State-rights republican,
voted to his principles and to the success of
n democratic party. DR.. A. welded vigorous p
to and in past times, he contributed many able comm
mt ncations to the columns of this paper We dee
lament the sad bereavement to his family and trien