Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-04-19

SPECIAL MAGISTRATES CoyRT.-At the above
tribunal Wednc7dayqUito 2protracted examination
was conducted, in which several highly respecta-
bio citizens OF this county, together with several
others, we're arraigned upon charge Of assault
and battery and Highway robbery. It appears
that the night OF the 18th Of last December one
Thos. B. Barton, teacher Of 4 coIorod school in
the village Of Ellington, i'll this county, was &s-
saulted by parties and, he alleges, beaten
and robbed. He deposed to the effect that he had
been taken from the house where lie was residing,
near Lilli gton, by these parties, who asserted
that they acting under the orders OF Sheriff
Bunting, and were authorized to arrest him. He
accompanied them, forced by their threats, to
some little distance in the woods, where they
made him dismount from the horse upon which
he rode, and, presenting their pistols at his head,
| threatened his life. He alleges that he was then
beaten with sticks Ivy the party, and threatened
that if he did not leave the county within a GER
tain time named, they would most certainly shoot
him. With the Injunction not to leave the spot
until the party had loft the woods under poril of
lis life, Barton Was then left alone after al the
money nc Lad IL his possession, some IS go, and
two letters had been taboa from him.
Shortly after the occurrence OF this event, Bar
ton reported the fact to the Special Magistrate Of
this city, but declared that he was unable to re-
cognizo any O. the party, OWNS to the darkness
Of the night. He has applied to the Magistrate
several times since for redress but his Worship was
unable to proceed IN the matter unless the par-
ties could be identified. Z few days since, how
ever, be took out warrant against John Jones,
Sen, John Jones, Jr., Franklin Bordeaux, Saml
Boney and c0lored man named John Bell, al OF
whom lie chsrged with the offence named above,
+
Barton made deposition OF the above facts. He
was positive at this time that the colored n an
John Bell vas certainly there. and that he rode
| his horse. He also charged the above named
! gentlemen with being present, together with two
gentlemen he had summoned from Duplin county
IS witnesses, Mr.. Cooper Higgins and Mr.. Ward,
| who, at the time of the occurrence Of the event.
| were on visit to 1Ir. Jones' house. All these
parties Obeyed the summons of the MAGISTRATE
for trial. with the exception OF Franklin Bordeaux,
/ who could not be found. During the course &c
! the investigation, Barton withdrew the prosecu-
| ton against John Bell, colored, end Messrs John
Jones, son. and John Jones, Jr 1t was proved
| By respectable and reliable witnesses that the
gentlemen Fl ON Duplin county, Messrs. Higgins
and Ward did not leave the house of Mr. Jones,
| whore they we're staying, on the night Barton de-
posed that he was ASA ulted. They were accord
| ingly discharged and their names stricken from
the warrant. The only remaining parties charged
with the offence were SamI Boney and Franklin
Bordeaux, but in the absence of material wit
ness further investigation was postponed until
Tuesday the 30th inst.
1t is due the Messrs. Jones and the gentlemen
from Duplin, Mr.. Higgins and Mr.. Ward, to state
that the prosecution, SO far as they we're con-
cerned, was undoubtedly malicious one. They
are gentlemen of the highest reBpectability and
above the commission Of such an offence.