Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-10-29
&C IT 3 A ;"
Examination of Commodore Higgins and
his Officers.

THURSDAY, October 81.
Commissioner Rutherford called she
Court TO cr,ler at 1O2 O'Clock a. m.
Mr.. Divine, Stenographer, was sworr
in
Mr.. Davis, in behalf of the defence, en-
tered motion for severence There
were twenty-four defendants in the charge
1t would be impossible to keep seperate
the evidence against any one of them from
having an undue bearing in regard to the
rest.
Mr.. Phelps, in behalf of the Govern
ment, opposed this motion. He had never
known of such a motion made before a
committing magistrate. His functions
were twofold-1st, To see if any offence
had been committed, and Cd. to determine
from the evidence, if he had cause to be-
lieve that any .: the persons accused are
guilty, and if so, to hold them for trial.
There was no jeopardy or hazard to these
gentlemen in this trial, and the severance
would only entail additional labors.
Judge Person, in opposition to the mo-
ton, said that it would take two or three
days to examine as to each one of these
defendants. II their cases were severed,
this examination would consume weeks. He
thought this practical difficulty should be
taken into consideration, where no in
justice could be done by disalIowing the
motion. La this case where there was
common design and purpose, and these
mon were banded together, the evidence
which convicts one would convict ALL
Judge Meares, for defence, supported
the motion. He showed that it was the
usual practice in North Carolina Courts
This trial, in its effects upon the defend
ants, is something more than mere pre-
liminary examination. They were charged
with serious offence. It may be some
thing more than an Inconvenience to these
gentlemen to be compelled to give bond
for their appearance hereafter. They
were strangers here. It might cause their
Imprisonment. They may not be prepar-
ed to give bond. There may be some who
are not citizens of the United States and
owed no allegiance to this government,
and its courts could not take cognizance
of their cases, even if guilty of the acts
charged
Commissioner Rutherford said he could
see no injustice that could result from hear
ing all the cases at once. He, therefore,
refused to grant the motion.
Mr.. Davis asked that the witnesses for
the defence might be separated and sent
from the Court room.
Judge Person remarked that the Gov
witnesses had been directed 10
stay below.
James Gordon was introduced by the
prosecution. Judge Person conducted the
He said he was nineteen years of age
was seaman-born in Scotland and
brought up in New York. Came here in
the Cuba. She was privateer, as all had
been promised share in her captures.-I
She had on board five 62-pounder guns
and two 12-pound howitzers, and small
arms. Knew the officers. Did not know
anothing of the commissions of any except
Commodore Higgins. The list of officers
we're read over, and witness gave his i'm
preston OF the rank of each.
Counsel for defense objected to his i'm.
oressions, and witness was directed to
'onfine himself to facts of his own know.
edge. He identified most of the officers
~ name.
Witness first became acquainted with
)ol. Munro, who was Lieutenant oil
Marines on the Cuba, in August in NewI
lork. Was with him in the Ryan expedi-
Ion. Sometime in September he met !
Win him on Broadway and went with him /,
nd others to an ale saloon in Nassau
treet-was informed that there was some {
hing stirring On hand. Net daily for
s7eral days i'm City Hall Park. CHANGED ]