Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-02

Robson county on the charge of assaulting
Bureau agent, closed it's labors on Friday tn
case of each Of these gentlemen having been trieo
separately and decided upon. Yesterday morn
ing, the Counsel for the defence offered their ar
guments in behalf OF Messrs. Mcqueen AID Nc
Nair. The argument in the case Of the former
was delivered by Col. Mclean, and that of the lat
ter by Mr. Leitch.
| The Counsel first submitted review OF the les
timony. They showed that these gentlemen were
the recipients OF some abusive epithet bestowed
upon them by Burnie, who took occasion to give
it expression behind their back that an inquiry
was repeatedly made by them of Burnie as to
whether he had made of this expression, and
| an explanation demanded. He attempted an eva
sion until they were exasperated, and while they
disavowed any intention or desire to attack him
in his official capacity he told that if be would
| uncloak his authority, they would bestow upon
him thrashng he would not forget. This
he refused to do, and an arrangement was at last
effected for meeting i'll the porch leading to the
Office of Bn1nie There Mcqueen again demand
ed OF Bnrnie whether he had used the expression
so repeatedly referred to- and was met with the
reply that he did not know whether he had done
not, but if he had, he would stick I'D to it.
Whereupon Mcqueen struck him and WAS immedi-
ately seized by two peace officers. While thus
held in custody, Mcqueen was advanced upon bv
Burnie in threatening manner, when Burnie
was seized and separation effected, during the
struggle for which Burnie was elected from the
porch The matter was then taken in charge bv
the authorities, and the defendants bound over
for trial before the civil Courts.
The Counsel further submitted that Burnie was
instigated to prosecute these gentlemen before a
Military Court by political organization of which
he member, and contended that in the dis
charge of his Duties an officer of the government
should not, and had no right to be influenced bv
political opinions, subject himself to political
Influences of any character. These arguments
were able, brief, concise and to the point, and
were most forcibIe in asserting the innocence
of the accused of the charges to which thew plead
ed not guilty.
The Judge Advocate of the Court offered some
remarks in refutation of the arguments of the
Counsel, in which the correctness of the charges
were urged. He submitted that the Union League.
the organization which influenced Burnie to pros
ecute before Military Court was no political Or
ganization, but had FOR its object the incubation
OF strict Union principles and the perpetuity of
the government In conclusion, he said that. he
had no doubt from the wide notoriety this case
had gained, if the accused were allowed to 90 nm
punished, not only would Union men in this Sec
ton feel that sufficient protection was not afforded
them, but it would be the signal for further acts
of violence.
In this connection cannot refrain from pro-
testing against this concluding expression of the
Judge Advocate, expression which is no more
nor less than SANDER upon the section in which
his authority is exercised, and which we charac-
te; ze as such. 1t Will be observed that it is also
in direct opposition to the opinion expressed by
General 81 ckles in lis speech during the Presi-
dents recent visit to Raleigh. OF tho incorrect
ness OF the intimation so unjustly expressed
abundant proof is afforded, and we can but re-
cognize in it one which is intended to harm our
people and place them in false position no.
sition to which no act Of theirs has entitled them
In no instance have union men failed to receive
that protection which the civil law can afford all
citizens, and we would deem it failure to dis
charge our duty were we to allow this SANDER to
go unnoticed and undenounced
After deciding upon the several cases, the court
adjourned.