Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-07-26

'
MILITARY CoURT-The Military Court, convened
by order of the Commandant of this Post. an an
nouncement OF which was made in our Tuesday,
ISSUE was in session ut Post H eaduuarte,s VOC
terday morning for the trial Of the gentlemen co
cerned in the affair with the Freedmen's Rnroor
agent at Lumberton, on the 9th ultimo Mr. n
Goodwin was the first one of the parte arraisnoa
He was charged, first with committing an ass,r,,
and battery upon the person of the agent oro
VIM. Burnie. and, secondly, with interfering with
a government officer (the agent) in the d,scbaroo
of his duty. To both these charges the accnsod
plead not guilty. The examination of Witnesses
WAS then proceeded with.
From the testimony produced, both for the pros
ecution and defence, we gather the following .
During the progress OF the affair." Burpie was
elected from the portico of the building at which
the event transpired-this was stated b, Mr. Rurnie
who asserted that Goodwin had caused his eject
ment. This constituted the ground for the charre
of an assault 1t was shown by witnesses for the de-
fence that at this time Goodwin, who is a peace
officer was endeavoring to preserve order, and, in
separating the parties, pushed Burnie rather hur
riedly one side and being in the Immediate vi
cinity of the steps, this individual was elected
Concerning this ejectment from the piazza where
the affair occurred, the evidence is chiefly i'm or
tant. The Court adjourned yesterday afternoon,
after the evidence on both sides had been heard.
The counsel will offer their arguments this morn
ing.
Mr.. Mcqueen was arraigned after the close
Of the evidence in Godwin's case on the same
charges. He plead guilty to the first charge, but
not so with the second. An examination of wit
nesses was, however, postponed until this morn
ing.
This case is one of little Importance, but it ma
turaly attracts more than ordinary attention, be-
ing trial by Military Court something of a nov
city in cases of civilians in State. The Court
is composed of officers who will be guided alone
by q strict sense of duty, duty to the defence az
well the prosecution, and will not be influenced
by any personal, sectional or political preudices
MILITARY CoURT-SEcoND Days PRocEEDINGs.-
The Military Court, convened here Thursday, at
their session yesterday heard the arguments in
the case of Mr.. G. Goodwin, arraigned on the
charges stated in our yesterdays issue. BY an
expressed understanding the arguments had
previously been reduced to writing and were read
to the Court.
The Judge Advocate simply submitted review
of the testimony without entering upon an ex-
in summoning up their argument, which WAS
BRIEF respectfully submitted that Goodwin en-
deGvoring to preserve peace between the parties
engaged in the affray that when he first APP
preached, and after commanding the peace as was
shown evidence, he seized upon Mcqueen
that when Burnie subsequently advanced upon
Mcqueen (who was then held by Goodwin and
another party in threatening manner, Goodwin
seized hold of him and used only the force neces-
sary to effect separation, and which elected
Burnie from the porch. In regard to the
charge relative to Interference with the officer
while in the discharge of his duty, the Counsel
that Burnie was not in the exercise Of
any official duty, but WAS engaged in a personal
on porch used in common by him and other par
ties.
The Judge Advocate submitted, i'll epleavoring
20 refute this argument, that Burnie though a cit
izen, is in the military service, and military Off
Ger is supposed to be- and should be, on duty al
and night.
After the arguments were submitted, the Court
room was cleared and the Court went into secret
session for deliberation on the case. Their deci.
sion, whatever it may be, will be forwarded to
General Sickles for approval, together with the
papers in the CAGE and the record Of the proceed
ngs.
The trial of the case Of Mr.. Ed. Mcqueen was
proceeded WITH after the decision of the Court in
amined. The examination Of the remaining Wit
nesses will probable consume the greater part Of
this morning.