Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-05-08

; ARREST OF MAYOR BERRY, CRY CLERK
MAN1x, CHIEF OF POLICE RICHARDSON AND
! POLICEMAN KELLER Yesterday Justice C.
D. Pearson issued warrants against Mayor
! Berry, City Clerk Manix, Chief of Police
, Richardson and Policeman Keeler, charg-
ed with assault and battery upon the per-
! sons of the colored members of the Com
mon Council, in rejecting them from the
! Clerks Office, on Monday last MIR. ManlX
was also arrested for wilful and malicious
falsehood in lis evidence before the
| Mayor, published yesterday. Sheriff Den
| nison brought al! the parties before Justice
Pearson, at the Union Point market house,
at four o'clock yesterday afternoon. The
trial was too lengthy to admit Of a full re-
port, and we shall content ourselves with
giving only the most interesting passages.
Messrs. Green, Clark and Justice ap-
peared for the Council, while Messrs.
! Hughes and Seymour appeared for the
Mayor.
The first case called up was that of Mr..
Manix, for perjury. Judge Green made
the opening address, after the prisoner
plead "not guilty" He said that be ad-
vised the Council to take the courseit had,
as City Attorney, and then turned his at
tention to the prisoner. He said that for
three years Manix had carmel living by
theft and fraud. No honest man would
have anything to do with him. The late
Council had appointed him through chari-
table motives, hoping to deter him from
evil practices. He had not shown him
self proper recipient of favors He
charges that Mr.. Howard has stolen, but
it is we'll known fact that thieves like
TO accuse others. That a man so infa-
nous in character should charge an hon
L l.
nothing strange. He committed perjury
when he charged Mr.. Howard with theft.
That gentleman was ordered to take the
minute book by the City Council. The
Judge then stated that the Council had
perfect right to shoot down those who re-
jected them, and if he bad been a member
be would have done so. By what authori-
ty, said he, were they rejected? Those
who did so endeavored to inaugurate riot
the law would not sustain them and
they knew 1t. Judge Green said he did
not make these remarks the other day be-
cause he was before a packed tribunal
Even threats had been made by the Mayor
that he would have Mr.. Howard's counsel
imprisoned.
Mr.. Thos. Howard was the only witness.
He deposed as follows:
According to an understanding. the
Council was to meet at twelve o'clock. [
arrived before the others and asked Mr.
Manix to let me see the minute book, and,
also, the voucher book. went to a table
to look over the minute book. Other
members of the Council came in, when
Manix said he did not recognize us. L told
the other members that had better do So
We intended to make arrangements for a
Council meeting. I am a member of the
Board of Council. The Council sanction
81 Ao1~S ~f @l-h h1o ov,l r 4 l.
their advice. [ addressed the Council and
they gave consent by implication as we'll
as word.
Mr.. Manix admitted the evidence of Mr.
Howard, and said he had neither witness
ses nor counsel.
Judge Green and Mr.. Justice argued
that the prisoner was guilty as charged
The latter gentleman characterized Manix
as miserable miscreant.
The Justice placed the prisoner under
bond of 81, 900 to appear at Court. Mr..
E. Hubbs was his surety.
In the case of Mayor Berry his counsel
waived an examination, and he was placed
under q bond of $500 for his appearance at
Court. Messrs. George Bishop and E. r.
Stanly signed with him.
During the argument which ensued, and
which was participated in by all the legal
gentlemen. Judge Green reflected severely
upon Mayor Berry.
His Honor arose and proceeded to make
an angry reply when he was interrupted
and ordered to sit down.
Judge Green sprang to his feet and said:
"The gentleman can make his remarks
out of DOORS"
In the case of Chief of Police Richard
son, he was placed under bond of 800,
with f. r. Stanly as security.
In the case of Policeman Keeler, his per-
sonal recognizance for 800 was taken.
New Berne Jour. of Com.
PERSONAL DIFFICULTY. personal diff
Guilty growing out of statement published
in the Journal of Commerce yesterday,
occurred on Craven street yesterday after
noon between Messrs. ". Fl. Pearce and
A. S. Seymour. The combatants were
separated before much damage was done
to either party.-Newbern Jour. Of Com.
ANOTHER PER3oNAL DIFFIoULTY.-Yes-
terday afternoon, while standing in the
market house at Union Point, we were ap-
preached by Mr.. A. S. Seymour and De-
putty Sheriff Robert Hancock, Jr. The lat
ter was armed with revolver aud loaded
cane-the former says that he was unarm-
ed. We were armed by nature, without
artificial aid. Being asked if certain Ian
guage attributed to US was correctly so at
tributed, we replied in the affirmative
Deputy Sheriff Hancock stated that he was
the 'friend" of Mr.. Seymour--he did not
say he was the scab end of the Repubi-
can party "-and intended to help him
fight his battles, or words to that Effect
High words ensued, and Deputy Sher, #
Hancock called US "a id liar" We slap
ped his jaws-he struck US with his loaded
cane-a lively time ensued-n ore blows
were aimed at our cranium with the dead
ly weapon, but fortunately, without effect
Deputy Sheriff Hancock retreated in bad
order-we succeeded in wrestling the cane
from him-and just as we prepared to use
it over his befuddled carcase the crowd
rushed in and separated us. Sheriff Den
nison arriving, We were inducted into the
presence of Justice Pearson, and gave our
personal recognizance to appear at Court
and keep the peace. Hancock did the
same.-Newb bern Jour. of Com.
In the neighborhood of Sassafras Fork,
some twelve miles North of Oxford, more
than four hundred sheep have been recently