Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-04-02

usually used in proclamatons against ou'
iaws. Carried. -,
SN Mr Malone thought that though the
andment made the section little more
'r,,arded yet it was too bloody ana strone
Fiji. It still put too much power lnto
lands of persons that might be eVllly ols-
nosed. He characterized the measure DIS
being ssbloody statute, and one "4ose
passage would disgrace any clVlnzeo Log
stature. Ill, o,,t soo.
ZION 3. MS amended.
UNI Mr INGRAM was also opposed to the Sd
elton He was sorry that certain Repub-
i;nan gentlemen tried to show that all Of
fanders were of the other party. MIR. In
IAN was proceeding to allude to the dis
tnrbauce which took place in the city yes
to-day as being fragrant outrage, when
he was called to order and not allowed TO
proceed. 49,
Mr.. Downing said he was forced to the
oonclnsion that gentlemen who SO jealous
10 onposed this third section were IN SYM
nathy with these violations of the law.
Mr.. Pou also opposed the adoption OF
the Sd section.
Mr. Durham thought the whole bill an
mirage. The provisions of the I'd section
offorded cloak for any man to perpetrate
mnrder with impunity. If the House
Hould strike out the third section and SO
mend the first and second sections of the
Iii "a to make it necessary to prove that
there was criminal intent in the act Of
asking. he would support the bill. As re-
cards the insinuation of the gentleman from
Union (Mr. Downing) if it were not for his
Downing's) gray hairs, he (Durham) would
reply in rather short manner.
oo;J bot J. Woo of cvyro
nathy with violators of the law, and he
could, with equal truth, say that the gen
tlenan's (Downing) character had suffered
considerably on account Of his connection
with the late Penitentiary Committee.
MIR. Malone next took the floor and ar
cued for some time against the whole bill.
After considerable debate Mr. Malone's
motion to strike out the third section was
nut to q vote and lost.
Mr.. Malone moved to amend section 1,
line 5, by inserting, after the word
"house,'' the words with the intent to
commit any crime"
The yeas and nays were called, and the
amendment rejected by vote OF yeas 30,
nays 50.
The bill then passed its third reading by
the following ballot
YEAs-Messrs. Ames Ashworth, Banner, Bar
1ett Barnes Carson, Carey, Cs"thorn, Cherry
Crawford, Dixon, Downing, Forkner, Foster
Rankin. French, Gahagan, Graham, Gunter,
Harris, of WaKe, Hayes, Hendricks, H1lIard,
Hodgin. Hudgins, Justice, Of Rutherford, Kelly,
OF Moore, Kinney, Mayo. NcCanless' Morlng'
Norris Pearson, Peck, Price, Ragiand, Rentrow,
Robbins. Reynolds, Simonds, Stevens, Stilley,
Sweat, Yestal, Vest, Wilkie, Williamson and
Wilson.
NAYs-uessrs. Allison, Armstrong, Boddie,
CLAYTON, Davis. Davidson, Durham, Filing ton,
Farrow, Ferebee, Gibson, Green, Grier, Harris,
Hawkins, Hicks, Hodnatt, Humphrles, Ingram
Jarvis, Kelly, of Dayie, Long, OF Richmond. hds
Nicholson, Painter, Pou, Robinson, Smith, OF Al
leChaney, Smith, of Wayne, Thompson, Welch
Whitley, Williams, of Harnett, and Williams, OF
Sampson.
The bill reads in substance as follows,
to-wit
Section of the bill provides that "every
person who shall go or be masked, dis
guised or with his face painted, in any
other place than his own house. shall be
guilty of felony and on conviction, shall
be punished by imprisonment at hard labor
in the State prison for term not less than
one nor more than ten years" Provides
AGAINST theatrical and dramatic entertain
ments.
Section 2 makes it the duty of every
Sheriff, Coroner or Constable, and every
private person, to arrest such persons,
and shall have all the power given for ar
resting persons engaged in committing
felony.
Section provides "that it shall be law
full for ana person who sees another masked,
disguised or painted, contrary to first sec
ton, and also armed with deadly weapon,
or in the company of such persons so dis
guised, to require such person or persons
to throw down their arms, and, in case they
refuse so to do, to fire upon such person,
and, if any person is killed by such firing,
the party shooting shall be held guiltless- J"
The amendment of Mr.. Bowman modlties
this section so as to require any person to
arrest such persons, and, if resistance is
then made. they may kill them as outlaws;
or, if flight is attempted after arrest, any
person may kill them without impeachment
for crime. .....
SPECIAL ORDER.
The various bills submitted by the Code
Commission.
The consideration of the bill i'll relation
to proceedings in criminal cases was re-
sumed and, after some amendment, passed
its third reading.
The bill to amend chap. of the Revised
Code in reference to the draining OF lands
in the eastern portion of the State was taken
up, amended and postponed until to-mor-
row morning, IL o'clock.
The bill concerning the estate Of lnsOl-
vent and imprisoned debtors was next
taken up and discussed until adjournment.