Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-20


Superior Court, his Honor Judge Mitchell
presiding, and who, on obtaining new
trial, removed his case to Davis county,
has, after long and tedious trial, been ac-
quilted on the plea of insanity, and sent to
the Insane Asylum at Raleigh. The Ol0
North State gives the following account OF
the trial
His Honor, Judge Little, we learn,
charged the jury that if they found that
the prisoner was insane at the time of the
commission of the homicide, they should
acquit, whether such insanity was produced
by jealousy or not whereas, it will be re-
membered that Judge Mitchell charged the
jury, on the first trial, that although the
jury might find that the prisoner was in
sane at the time of the commission Of the
homicide. if that insanity was caused by
jealousy. they must convict.
Without expressing any opinion as to the
question of law on which these two eminent
iurists differed, we think that the opinion
of Judge Little accords more with common
sense and light reason.
The trial, we learn, occupied about eight
days DR.. Fisher, the very able Superin-
tendent of the Asylum, was present and
gave his opinion. The very remarkable
feature in this case was, that witness was
introduced for the defence to prove his
own insanity having been cured in this
asylum.
We learn that report of the trial will be
published.
The State was most ably represented by
Mr.. Solicitor Caldwell and ajor James E.
Kerr, of this place, and the prisoner was
defended by Messrs. Boyd and Bailey, of
this place, Colonel J. NJ Long, and J. NJ.
Clemment, Esq. We hear Judge Little
spoken of in high terms
DREADFUL TRAGEDY.-The citizens of this
that Mr.. John Rich, residing about four
miles from this place, was shot and mortal
ly wounded on yesterday evening, by
Moses A. Bencini, of this place, upon
learning that Rich had seduced his sister.
The parties were respectable, and altogeth-
er it is one of the saddest and most mourn
full occurrences we have ever been called
upon to record. As the whole matter will
undergo judicial investigation we deem it
imprudent to enter into any of the details.
Mr.. Bencini promptly surrendered himself
to the civil authorities and is now III GUS
tOdy.-Salisbury Old North State.
GREEDY-It is stated that some white
and black Radicals had barbecue at Sor-
rell's, in this County, on Saturday. When
dinner was announced the black brethren
were told they must ''wait for the second
table" AS the provision was not very
abundant, the white RAIDS ate pretty much
all there was, leaving the bones to their
colored friends. A row ensued, i'll which
the pale faces are said to have been worst
ed. We don't vouch for the facts. We
tell the tale as it was told to us. The
white RAIDS are very much to blame, if
true. They were greedy besides and they
will be just as greedy after the offices,
leaving their negro allies only the bones
and pickings. s.-Raleigh Sentinel.
MILITARY CoMAnssIoN.-The argument in
the case of the United States us Tolar,
Powers and Watkins was commenced be-
fore this tribunal on yesterday. The
Judge Advocate opened for the Prosecu-
ton i'll briefly written statement of the
facts and the law applicable to the case.
Hon. S. f. Phillips opened for lhe de-
fence in a speech of some three hours
length, characterized by great force and
ability. His argument in bar of the juris-
diction of the Court was especially power
full. He contested that jurisdiction on the
ground that this Court was constituted by
virtue of an act of March End, 1867, and
that it undertook to take cognizance of an
offence committed prior thereto, at time
when, by force of the proclamation of the
President of the United States, naartid1Laao
H0G no existence !
But we will not do Mr.. Phillips the in
justice of attempting an abstract of his
very able speech. We should be glad to
publish it,
The argument for the defence will be
continued, this morning, by the Hon. L. 9.
uller.-Raleigh Sentinel, 12M.
GOLD REGIoN.-Charlotte is described
by Geographers as "the centre of the
gold REGION Mines of untold wealth
abound in this section, and a good many
capitalists are now developing the wealth
of this neighborhood. We will notice spe-
cially each of the mines now in progress as
we have space. Charlotte Ne,cs.
A FORCED SALE--TEENENDoU SAcRI-
tract of land, owned by Joseph
Jones, of Warren county, North Carolina
which cost forty thousand dollars before
tho war, was sold for five thousand six hun
dred dollars by the United States Marshal, |
last week, in the above named county. 1t
is situated near Shocco Springs. Mr.. Jones |
was indebted to Northern men, and they |
A1'hNO pOItI4SCO upOil 141LII3 LAAIt 1o1CCA1 Vic
sale of his valuable property for mere
song. Mr.. Peter Davis was the purchaser. |
We learn these facts from gentleman just
from Warrenton. The removal |
of General Sickles is likely to prove any
thing but q blessing to those citizens of our
sister State, who are so unfortunate as to |
be in debt.-Iob0cc0 Plant.
We regret to hear of the above. If it
be true, a most worthy and honest citizen
has been, we should judge, needlessly de-
prived of his property, without due con-
sideration. A great wrong has been done
him. If this course is to be pursued, what
chance is left to any man to pay all his
honest debts, even if, he have three times
enough of property to pay The inexorable
credito- is hard man and unjust, when he
willallow the property of his fellow man to be
SO utterly sacrificed to pay his debt. If
the United States Marshal was the instru-
ment of the law in this case, he is not
blamable he has no discretion.
We have long since urged our people to
make haste to compromise their debts. If
you have not money enough to pay, go in
to bankruptcy, with the certainty of being
left as iaDk aS a. emf berriDp to nav 6ahtS