Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-06-17
Gu Stan6ar1.:
A CARD.

1erv sbnsiye of me, which desire to reply to- in
order that the public may have the truth presented
tn them, in place of the gratuitous statements made
in the yourna1 upon the authority Of its Editor or
some one else to me unknown; then, upon the oPln-
ion of all honest men, who have the truth oeloIe
them, am willing to stand or falA pn psohc es.l-
mation,) so far as my connection VIII the ooHeus'
rate Military prison at Salisbury, is concerned.
The frs. application made to nae as lawyer, on
behalf of prisoner in the Prison at Salisbury was
made by Major Boone, Of the Confederate Stase aye
Army, formerly Of Charlotte. Although nau
known r Boone, formerly, dia n0s sa'a o.y =.
shat The ls, ter cae from b;- written rs lt was
the Eastern part His is Pbos Msos
made for sst "a that he believed Dbble was loyal
.sSR arrested as he believed because OF the con-
.lsct Of brother Of his Not knowing the let,
ter came from an acquaintance Of mine, declined
to act in tho case, supposng that DioblA would ap
ply to nc in person if he wanted my services, NOT
then knowing that prisoners were denied the r'gns.
to consult a lawyer.
After became aware of the highly respectable,
and reliable source from which my letter came,
concluded to look into the case Accordingly, lap
nSied 10 M nor Gibbs, Commandant Of the Prison,
for permission to see the prisoner Dibble as aso-
yer. which request was refused. In q short tune
thereafter, / heard that Dibble was removed from
Salisbury. and have been informed and believe,
that he IS large contractor and at present. IN hign
favor with the government The next case IN winch
was con ,erned, was that Of Col. E. w. Jones. OF
Plymouth, who, though prisoner, was granted the
parole of town, and was boarding at one OF the no.
tells. Col Jones brought letters of introduction to
me- from r. F. Moore, ESQ.,, and from one or two
others Of INV brother lawyers in Raleigh requesting
nv services in his behalf. In my absence +. y.
S6ober ESQ, sued out the writ and attended to it
befere his Honor Judge Kerr, at Concord Superior
Court. in the Fall of 1852 Jones was discharged,
and as soon as he reached his home. he wrote me
letter, asking me to attend to the case OF Enoch
Jones, of Plymouth and of several others. The ap-
pcation for Enoch Jones was made at the request
Of his wiCa 1 accordingly called upon Capt Henry
Mccoy, Commandant Of the prison. and asked to
see Enoch Jones, and one Davenport, a prisoner
The request was refused then drew up petition
for writ of Aa6sas corpus for Jones and Davenport
and as could not see them to get them to swear to
it, swore to it myself Judge Kerr, who was then
in Salisbury, holding the second week Of our Supe'
rior Court granted the writs and made it returna-
Tie the same day before himself, when Davenport
was at once discharged, Capt. Mccoy saying he did
not oppose his discharge as there aoere no charges:
against Aip; but in the case of JONES' he employed
counsel and made all the resistance he could to his
discharge, and asked continuance of it, which
Judge Kerr refused saying he would hear all
the evidence they had against him then. lie was
discharged by Judge Kerr, but unknown to me, be,
Enoch Jones, was re-arrested the same day by the
military authorities, thrust back into prison. and
although 10 feeble health, he was confined there
again until his death, which happened some time
afterwards, without being allowed the privilege of
seeing or writing to counsel So soon as heard Of
his re arrest took measures to obtain second
writ for him, returnable before Judge Kerr at Yam
ceyvle on the 18th of December last but before it
could be served the President had suspended the
operation of the writ of habeas corpus in Salisbury
and before it was restored Enoch Jones was in his
grave, victim, as then sale, and still say to mil
itasy tyranny: Ny feelings were greatly excited by
the facts Of this case Tbs re.arrest was direct
insult to Judge Kerr, who had just released him, it
was an insult to me, as his counsel, to arrest him.
without my knowledge-it was the most grievous
wrong to Jones, for it cost him his life The same
week another case came up before His Honor Judge
Bggs, Of the Confederate Court who was then hold
ing court in Salisbury. 1t was the of Dr. Isaac
W. Jones, a. respectable citizen of Salisbury, who
had been arrested by the military authorities with
out process flaw, upon suspicion merely, Of oeing
guilty Of forgery; Whep DR.. Jones was first put
iuto prison, he desired to see James E. Kerr and
Luke Blackmer, Esqrs, as counsel, but was refused
John /. Shaver, ESQ.,, Mayor of Salisbury, then in
,terested himself in DR.. Jones' behalf employed as
counsel for him, Messrs. Kerr and Blackmer, swore
to the application for his writ which was drawn up
by MajorrKer Judge Kerr granted the writ, the
case was tried and he bound Dr. Jones over to ap-
pear before the Confederate Court to answer the
charge John ]. Shaver becoming his surety in a
bond Of $1,000. Dr.. Jones employed me as asso-
eiate counsel before the case was argued before
Judge Biggs-the government having counsel to
resist his discharge-but Judge Biggs discharged
him. .
The abusive articles in the State Journal were
based upon my professional connection with thu
case of. W. Wynne The facts of this case are as
follows: When Enoch Jones and Davenport cam,
fron the prison to take the cars for their home OF
the I'd Of last December, they brought out for me
letter from j. W. Wynne, Of which the following
acopy:
"SAL1ssURY PRISON, N. C.(
... Dec. I'd, 1852.
Mr.. Boyden-S1R IL would like that you, if pos
sible, would get out writ of ba6eas corpus for m
trial, as am ignorant Of the charges against mt
sonal animosity. Therefore should like tris
Immediately. fyou can do any thing towards m
release, will pay you for your trouble. was al
rested at the same time Of Col. jones' arrest, an
EoEp the same county. Please notice the above an
ob,ige yours. Respectfully,
Lauyer ,Boyden, Salisbury, N. G.
Upon the receipt of this letter, Immediately 81
piled to Capt Mccoy to see Wynne, and was r
fused I then drew Up petition for writ
.Aabaas corpus for Wynne, in which stated that
= LIQUID not see the prisoner to get bin to swear
it. had TO make the necessary affidavit myself
Judge Kerr granted writ returnable before him
Aocksville two days thereafter; but when Cap
Mccoy was wanted, so that the writ might be serve
on him, he could not be found 1t was said, he ha
gone TO Richmond. I then went to the gate of IL
prison. myself, and asked of the guard if CAPITA
WateIs was within, was told that he was, but IL
guard refused to permit me to 60 in to see CAPITA
Waters; refused to call Capt Waters out to IL
gate, nd refused to carry the writ in to him, al
as Capt Waters, th some reason best knoon to hin
ssN could not BE- seen, the time for the return
the writ passed without its having been served
then took out another writ returnable before Jud,
Kerr, at Yanceyville, on the 18th of December. Tn
writ shared the same fate with the second writ
Enoch Jones, the President having suspended Il
operation of the writ Of habsas corpus IN Salisbur
[ then intended to take out another writ for Wynn
ss aeon as Incorporation Of the writ was restored.
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