Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-01-17
Our Military Government.

The Raleigh Sentinel publishes two Incl
dents connected with the administration OF
military government which should be pre-
served, and in order to assist in doing SO
we give them. AS they are well authenti
Gated and matters of record, they constitute
important links in the history of these
"piping times of peace"
The cases are as follows
Carney Spears, a negro, was convicted in the
Superior Court of Buncombe, at last Spring Term,
of three high crimes-two of them being horse
stealing. He was defended by a "loyal" lawyer,
Mr.. Henry, under whose advice he pleaded guilty
to the horse stealing indictments. There had
been no pretext that he was not guilty, but the
Solicitor and the Court consented to his dis
charge on condition that he would secure the
costs. He got responsible man to como into
Court and confess Judgment for the costs and
was thereupon discharged and went to work for
his security. Freedman's Bureau man, sta
toned there, moved by his sympathies for this
ship of his case to the Post Commander, who had
the negro brought before him, heard his repre-
sentaton, and thereupon required the Clerk to
mutilate his record, suspendlng or reversing the
Judgment for costs, and ordered the negro to quit
the service of his security Upon appeal, We learn
that General Candy with letters from the Judge
and Solicitor before him. showing these facts) al
firmed the judgment OF this subordinate, whereby
this prosecuted African is free to go whittier he
pleases without punishment and without pay.
ing any costs-and all this without any pretext OF
wrong on the part of the Court or its officers !
The pretext was that his security was not allow
ing him adequate compensation for his labor.
The other is relief from punishment to negro
named Henderson Cooper, convicted in 1864, at
Spring term of Granville Superior Court, of rape
on a white woman. He and another negro sever
ally committed this devilish deed on the woman,
in presence of her little daughter. Upon the rep
reservations of sympathetic Freedman s Bureau
man, Gen. Sickles issued an edlct setting aside
| the proceedings of the Court, on the alleged
ground that grave doubts existed as to the fair
ness of the trial. and that the proceedings OF the
Court (being a "Iebel 50 Court) were null and
void. The negro was retained in military custo-
| dy some months, and then tried and convicted BY
| court martial, and sentenced to be hanged
This sentence Gen. Candy set aside, on the
| ground that the court martial had not rightful
Jurisdiction of the case; but he affirmed the de-
cision of Gen. Sickles, declaring the proceedings
4 of our court null and Notwithstanding the
ordinance of our Convention, in 1855. validating
MI the proceedings of our courts dnring the war
and mp to the date of the ordinance, not conflict
ing with the Constitution and laws of the United
i States. The negro was remanded, by order OF
Gen. Candy, to the Superior Court Of Granville, to
/ be tried under new Indictment to be hereafter
/ preferred. Il Wcnsd be an insult to the under
| standing or the GRneral to suppose he did not
| know that. on d trial under this new Indictment
the william must be acquitted on the plea of form
| er conviction.