The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-06-04
From the Salisbury North State.
JOHN w. THOMAS VS.. MARCH AND
HAMPTON.

As the above case attracted great deal OF
attention, from the novelty of a military arrest
and Imprisonment in purely ciUiI case coming
fully within the perview of the laws OF the State,
and as many erroneous opinions have been ex-
pressed on the subject, We feel it our duty, as
counsel for the defendants, to make statement
of the facts in the case.
The Plaintiff made complaint before His Ex-
cellency, Maj Gen. Sickles, Military Governor,
that March and Hampton had embezzled S23,-
900 of specie from the Bank of Lexington, that
they were insolvent and that Hampton was pre-
pariog to leave the State with the illgotten
spoils Upon which Gen Sickles issued an or
der for their arrest and Imprisonment, until the
specie should be surrendered. The defendants
were arrested and confined in prison in Greens
boro, without a demand made for the payment
of the money and without an opportunity Cor
them to show cause why they should not be
imprisoned.
AT this stage of the case, Messrs. March &
Hampton applied to US as Attorneys to extri.
cate them from their Imprisonment, they being
entirely ignorant of the nature of the case and
the charges against them. We at once entered
! upon the preparation of their defence, but had
| to grope in the dark until we went to Charles
ton and obtained from Gen. Sickles an order
permitting us to inspect the statements and evil
dence against them. After obtaining this or
der for the inspection of papers We very shortly
prepared the answer of our clients based upon
the most incontrovertible proof of disinterested
witnesses. showing that about the lst of Jan
uary, 1866, the defendant Hampton presented a
note with ample sureties for $4,000 at meet
ing of the Directors of the Bank Of Lexington
FIVE out Of seven of the Directors being present
when by unanimous vote of all the Directors
present, the Cashier was ordered to discount the
note, which was done-the defendant March
being of Hampton's sureties. Three of the
Directors who were present when the note Of
Hamptons was ordered to be discounted have
made oath that the note was then amply secured
and is still good, and so far as they are aware
no fraud was practised or intended against the
said Bank and that March and Hampton are
DOW men of large estate, amply able to pay al
their liabilities.
During the imprisonment Of our clients new
note was prepared in renewal Of the original
which had not been renewed owing to the fail
ure Of the directors to meet. Upon this proof
and the execution of a new note In renewal, ar
application was made to Gen. Sickles for the;
release, which was granted, having been sent by
him through the telegraph; and after an unhap
Ply Imprisonment of seventeen days, during
which time their families were we'll nigh frantic
they were discharged after having done moth
ing but renew the note, which they would cheer
fully have done at any time if they had been re
quested so to do.
We cannot close this communication withou
stating that Maj. Worth, who had charge of ou
clients during their imprisonment, and the off
GERS at his Head Quarters, treated them will
every kindness and attention consistent with
their position as prisoners, and are entitled t.
the gratitude of all the friends of the nfortunat
men whom they had in charge.
= There is long history Of personal auimosit,
and strife between Thomas and our clients
which we do not desire to mention, as it is il
no way connected with this transaction excep
so far as to show the spirit that animated thi
prosecution. Suffice it to say, our clients hav
nothing to fear from full exposition of th
whole transaction.
RIACKMcR e. NIc(IoRKTE