The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-05-26

on the 18th OF April, rlopy, aus upsso Aoe
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ing and publishing said paper to commit
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Should any one or more elect to ask for
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on motion, at any time during this term. :
UNITED STATES CIRCUIT CoURT. Thurs
day, June II, 1S69.--The Court met at 10
o'clock, Chief Justice Chase and Judge
Brooks present. Gt ~ 7hadq ;9iait'' as
The following are the remarks of Judge
Brooks before pronouncing the sentence Of
the Court in the case of United States gs
Evans Turner: '9lr 3' AiR'''f ''''' ~
The Court is of opinion that the. prompt
and faithful observance of the internal reyc.
nue. laws is an Important duty-onc which
every citizen owes, not only to the govern
ment, but also,to every citizen, who does
honestly perform his duties.
The failure, and, in many instances, tile
refusal to observe these laws have become a
great public evil And it is regretted by
p, this Court that such disregard for the law
| 1--WE may almost say contempt for the law
las been manifested by SO many of the
| people of the district. - 9'iIW PISA blrG
1t is always relief to the Court, in ANY
case, however clearly legal guilt may have
been established, if we are able to find cir
| cumstances extenuating in their character,
thereby justifying the infiction Of the mild
er, instead of the more severe, punishment
| prescribed by the law; and it is to be re-
| grctted that the defendant has not shown
some circumstance of that character in this
| case. ~ iN&iiaI nfI rHF p i"'l ''b
In large majority of the cases in which
parties have been convicted of this offence
in the district. it has been made to appear
that the defendants were so poor as to rem
der it impossible to punish them to any ex-
tent by pccGniary fine; and often 1t has
appeared that such parties were so ignorant
that it was doubtful whether they did I'M
derstand, or could even be made to under
stand, their duties as enjoined by the law.
These circumstances do not exist in this
case. But the only circumstance relied up
on by the defendant to mitigate his offence
is the allegation that Mi: Guthrie, who
was occupying some position under the as.
SCISSOR of the district, told him that he was
right $50 ahead. you ought to have four
stills running instead OF two" ,,. t...,.. .,t,
We fear that it has not been sufficiently
considered by the defendant that this
declaration on the part of Mr.. Guthrie, If
matle was before his arrest under the war
rant of the U tied States Commissioner.
The defendant was arrested and carried to
Raleigh. A hearing was heard before the
| Commissioner, and the defendant held to
answer the charge.
| Mr.. Guthrie's advice WAS clearly wrong;
and even if honestly given, and the defend
ant had been misled. he does not pretend
that hewas induced to begin in violation Of
| the law from this advice; for it was dis
| tilling contrary to law when it was given.
| Then it is pertinent to enquire whether the
| defendant was induced to continue to vio-
| late the provisions of the law for ten or
| twelve days after his arrest, and the hearing
| at Raleigh from the advice of MIR. Guthrie.
We think that if it was possible that he
| credited the opinion of Mr.. Guthrie, it furn-
ishcs little or no excuse for his commencing
in error, or continuing in error, after SO
good an opportunity had been afforded him
to acquire correct information as was by his
arrest and investigation before the Commits
| sioncr.
Then how is it that an officer in this de-
partment could have committed such
clear mistake by giving such advice as is
imputed to Mr.. Guthrie9 If lie was unable
to comprehend such provisions of the law
as made it the duty of this defendant to OBJ
tain a license, pay the special tax, and exc
cute bond as is required by law, before
commencing to distil, then the Court can
not refrain from expressing the opinion
that the government and the citizens would
be benefited by the appointment of one in
his stead, of ability more correctly to under
stand the law. Or, on the other hand, less
charitable construction, may be possibly
warranted from the circumstances. There
may have hecn collision between Guthrie
and the defendant; and the defendant was
then preparing his defence to he used in
Court after his arrest II would he, in the
opinion OF the Court. about as fair to infer
the latter as that Mr. Turner could have
really been misled by such clearly erroneous
advice. .i usf7.tgi-ri 4=,''t.,.no.,..i,,,
And added: Let the defendant pay
fine of $1,000 and be imprisoned for term
of six months.
| After hearing the sentence Mr.. Turner
was taken to Jail by Deputy Marshal j. T.
Cuthrell '''l ~ '..H'la ha % lia'j sos 3, ?
! The special docket was taken up, and the
argument Of cases in equity occupied 1.-The
remainder ofthe day. rd ghU .ifo ai'sfi
/ li ----L----I a. a .-----l - t', i.iifllt
| .. s. CouRT, Saturday, June 10, 1862
The Court met at the usual hour, Chief
Justice Chase and Judge G. w. Brooks,
presiding. sajlf,lIn s3ernisa.iiia
| The Chief Justice delivered several opin7
ions in cases heretofore argued 2H1aaia
The following cases were tried: TaisinIh
! United States cs. Dorsey H. Bum m
dictment for illegal distiling, District At
torney for the government. Messrs. S. H.
Rogers and Jos. B. Bachelor for defendant.
Verdict Of Jury not guilty. '3aso g .saaii
1 United States es J. H, OVERLY, Charge
illegal distilling. District Attorney for the
Government. Mcssrs. Geo. B. i Harris land
| VIM H. Young for the defendant Verdict
| OF Jury guilty. Fined sos and costs, Com.
mitted to Jail until payment. cal. D. 5....e,
United States ps. James Darlington.
Charge illegal distilling. District Attorney
for the Government Mr.. R. g. Badger for
the defendant. Defendant submits. Judg-
ment suspended upon payment of costs.
| Indictment of the Court, wac 9nronouncod