Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-01-22


visited the negroes in Jail, after condemna-
ton, to pray with them and prepare them
| for death, addressed letter to these gen.
tiemen asking for such information as they
could give, touching the guilt or innocence
of Henderson Cooper. Mr.. Hays answer
ed that the trial established the guilt OF
the prisoners beyond doubt, and that the
trial Was III all things IL fair one. Williams
answered that the convicts, without the
| slightest influence offered by him, yolun'
tarily confessed to him that they were
guilty and ought to die, and besought HIM
| to pray for them and prepare them Tor
death, and that he communicated this fact
to General Avery, when he was making has
preliminary investigation
These letters Immediately sent to Gen.
S;ckles.
| heard nothing more from the case till
I Was informed, on the I'd of October last,
6v tie Sheriff If GraeriHs, that Court
Martial UoS sitting tn orr Commons Hall,
rving Henderson C0opet-Col. Bomford
being President Of tho Court and General
Aroyy Judge Advocate. Immediately
addressed q note to Gen. Avery, in these
words 81 respectfully ask that, IN the
trial of Henderson Cooper, which L learn
is now III progress before military court
sitting in this city, of which you are Judge
Advocate, the State may be represented
counsel to be appointed by me" As the
trial was one impeaching the integrity OF
one OF our courts, did not anticipate a
refusal and Immediately sent for a lawyer,
Hon. S. F. Phillips, who came to my of
fee, and with the aid Of the Sheriff OF
Granville, [ was putting him Ill possession
Of the facts TO enable him tie manage the
prosecution. While we were conferrlng,
Gen. Avery appeared and notified me,
which lie afterwards put III writing, that
my request could not be granted, las 1t
is contrary to ell precedent and against
the usages OF the service. The case is now
nearly completed, the greater portion OF
the evidence for the prosecution having
been already taken" | then asked him If
lie would cause To be summoned and exam
ined such witnesses as | would designate.
He desired 10 know what witnesses want
ed. and vhGt they would be expected 20
prove. I told him | wanted to prove, be-
yond cagil, that tho character Of the prose
Cutrix was without blemish, il contradlc-
ton OF his report. [ designated the Sher-
If Of Granville. then present, IS one Of the
witnesses I vnnted for this purpose; that
wanted III. Williams - prove that the
prisoner, after conviction, voluntarily con-
fessed his guilt to him, iNilliams) and that
he (Williams) had communicated this f1ct to
hin, Gen. 4 uerV, 2chey he agGs making the
preliminary inquiry, eChich hd led TO he an
5eyfeyepce yitb the acton Of our courts -
He replied that the evidence Of the pfls-
onor'g guilt then before the court, YVES pie
nary that 10 evidence irapeechlng the
character OF the prosecutrix had been offer
ed that the trial was about concluded,
and expressed repugnance to protraot1ng
the trial by summoning and examination
Of more witnesses, but agreed to offer the
Sheriff to prove the character OF the prose
cutrix, who, IS l vas informed, lo06 exam
med and prove her character very good
See my letter to Gen. Avery, marked G,
dated October 10th, 1867, in which l spe
ciallv call attention to what Williams would
prove.
He was convicted and ordered to be
hanged as appears by General Orders, No.
10. hereto annexed, dated November Goth,
1867, but Gen. Candy set aside this find
ing, On the ground that it was error to
raf0r this case to d Military Commission,
sc. See order annexed, marked r. He
held that the action Of our Courts Has
void. as also that Of the Court Martial, and
directs that the prisoner be s. remanded to
tic custody of tho civil authorities for trial
under now presentlnent or Indictment. "
The effect Of all which is that this monster
is to go unpublished, although convicted
BY both civil and military Court. If a
new Indictment be found, he will plead
conviction and must be necessarily acquit-
ted, and If the Judge cause him to be hang
ed, under tho former conviction, OF course
Gen Candy would have the image hanged
under tho military law
This Was a rape OF peculiar atroclty. -
Two strong negroes entered the house of O
4
ence Of her little daughter, each of them
commits rape on her, and our military
government interposes and allows one of
the monsters to GO UNPUBLISHED. The his
tory of this case is extensively known in
the State. II alienation to the government
in this State is on the increase, as is often
alleged to our prejudice, is it to be won
dered at How many communities are
there at the North where this negro, un-
der these circumstances, would not be
dragged from prison ann hanged by lynch
law ? There is no danger of it here. Our
people, conscious of their helplessness, are
resolved to endure and submit to the laws,
confding in IN awakening sense of mercy
and justice on the part of the dominant
power of the nation, the dawn of which
they think may be perceived in the late
Northern elections.
In closing this subject, I think it duo to
| Col. Bomford, who has long been stationed
here, to say that [ regard him as a good
man, and in every way gentleman, but
that, III these matters, wherein he has
been associated with General Avery, who
claims to be lawyer, the Colonel has un-
duly deferred to the opinions Of his asso-
ciate. -
JONATHAN WORTH