Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-06-25
STATE NEWS

SUPREME CoURr, June 10th, 1869. Chief
Moore.
Mr.. Moore rose and said: / desire, may
it please the Court, to make an apology for
my absence yesterday morning. / was not
apprised that the case would be taken up
until 10 O'Clock and I appeared at that
| time. My answer. sir, is in the hands of
my counsel.
Messrs W H. Battle, D. G. Fowle, s. J.
Person. d. 4. Barnes and W. N. H. Smith
appeared as counsel for Mr.. Moore. Mr..
| Battle read the following answer:
| Ia the Supreme Court, June Term, 1869
In The matter of p. f. Moore, Thomas
| Bragg and Edward Graham Haywood
The several answer of E. F. Moore to
| served upon him.
This respondent protesting that rule.
| which deprives him, even temporarily, OF
his privileges as an attorney Of said Court
ought not to have been made in his ab-
sence, without notice, and without affida-
| git, or upon the legal proof of the facts
! upon which said rule is based, respectfully
| answers:
l. That he admits the signing and pub
| bshlng Of the paper called As A solemn
protest OF the Bar of North Carolina against
Judicial interference in political affairs, -
but insists that the Supreme Court hath no
| authority to make, or Jurisdiction to en-
force said Rnle.
| 2. That the publication referred in said
Rule is not .ibelious, and doth not tend to
! impair tho respect due to the authority of
! said court.
! .. Aud tor lnrther answer, this ReSpOn-
/ dent says that said paper was conceived
and prepared during the recent political
canvass tor the Presidency, and its publ
| cation deferred until after the close of the
canvass to avoid its having the appearance
| of partisan document. He admits that
his purpose was to express his disapproba-
! ton of the conduct of individuals occupy
ing high judicial stations yet as an act Of
| justice TO himself against the charge made
| III the Rule, he not only disavows, in sign
| ing and publishing said paper, any inten-
| ton OF a contempt of the Supreme Court,
| or Of impairing the respect due TO its au-
| thorlty but, on the contrary, he avows
| his motive to have been to preserve the
| purity which had ever distinguished the
administration Of Justice by Courts of this
| State. B. F. MOORE.
B. L. Moore being duly sworn says upon
his oath that the matters of fact set forth
ia the foregoing answer are true to his
| own knowledge.
This 10th day of June, A. d. 1869.
3. f. MOORE.
| Before me this June 10th, 1869.
VIM. H. BAGLEY, Clerk.
Messrs. Battle, Fowle, Person, Barnes
| and Smith argued the case at some length.
Judgment deferred.-Ral Standard.
PASSING THROUGH. Brewer,
of The University, after the arduous labors
of the past session, is Off to New York.
He passed through on his way thither this
, morning. Sound the loud timbrel DER
Carolina's dark sea."-Raleigh Sentinel
Oh THEIR WINDING Waive learn that
there were five hundred and seventy pas
sengers by the Central train this morning,
on their way to the seaboard. The num-
Der was considerably swelled from Raleigh
and inity.-Raleigh Sentinel.
SUPREME CoURT.-Thursday, June II,
1S69.-Th Court met at 9 o'clock, all the
Judges present.
The following cases were argued
Annie W. Miller VS.. Thomas Atkinson.
From New Hanover county. Rob't Strange
for Plaintiff. W. III. Battle and 8. j. Per
son for Defendant. Contested will. Ger
| tain real estate and $4,000 in money was
bequeathei to Bishop Atkinson and his
SUCCESSORS In Office for the poor of North
Carolina. Heirs at law of the decedent
contest the legacy and argue that "poor
orphans" is an indefinite term, and Bishop
Atkinson and his successors in office an
unknown body.
Gaines and wife VS.. Dempsey Hays
From Cumberland county. Action of
ejectment n. Mckay for Plaintiff
Robert Strange for Defendant.
T,h, IE. II
From Cumberland county. Jno. ". Hins-
dale for Plaintiff. No counsel for defen-
dant. The case involves the constitution
ality of the magistrates stay law" passed
at the last session OF the General Assembly.
State VS.. Benjamin Douglass. From
Moore county. l.. P. Olds, Acting States
Attorney, for the State. No counsel for
defendant.
Heilg VS.. Stokes From Stanly county,
Blackmer and McCorkle for Plaintiff
Thos. S. Ashe and W. H. Battle for De-
fendant.-Ral. Standard,
Tie following discharges in bankruptc
were granted by Judge Brooks at Raleigh
June 14th
Cumberland County-John Frey, Malcolm 9.
Lamont, John ID. Jackson, Cicero z. Pierce,
Jackson Pierce Benismin Rush, Jackson
Johnson.
stanly-Edmond L. Carpenter, James f. Par
ker, Wiitson T. Nash
Moore VIM. a. Hays. Allen W. Jones.
Haruett-Samel D. PepkiD. William ID. Nc
Neill.
Richmond Matthew Ill. MeNair, Dpnson
Jones.
Anson- -EleneZa D. Ingram
Columbus-Daniel NJ Butler.
Robeson-Neil Buie.
Sampson-Amond Holmes.
Two of these, jackson johnson and K. d. In
gram, have been allowed the benefit OF rule AGY
by order of the court and orders to the registers
directing the distribution of the deposit in these
two cases are made and accompany the dis
charges Standard.
The committee of the Legislature, ap
pointed to investigate the affairs of certain
banks, have concluded their Investigations