The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1869-11-17
For the Standard
Judge Settle and the Rocking am At

Judge Settlc ana the Rocking am At
-as tOrneys. si.erf
MR. EDITOR: / shall be brief, since i
know that so much has been said in the
matter of the bench and bar (?) by interes-
ted parties, that the public ear is wearied,
and that it is but thankless task even to
correct misrepresentation but the double
column communication in the Sentinel, of
the 3Oth ult, with the above caption, and
the note on page 80 of pamphlet recently
issued by certain Attorneys, animadverting
specially upon the conduct of Mr. Justice 4
Settle, really deserves passing notice, since
the matter has assumed historical proportions
in the opinion of the 'lover of civil liberty"
This trouble would have been spared me,
however had the reviewers or the double I
barleled correspondent aforesaid taken suf- i
fcient pains to make themselves acquainted /,
with the true facts of the case; and Imust 1
here confess my surprise that even in so
grave document as the pamphlet, which
appeals to the tribunal of public sentiment
against the Supreme Court, one of its Jus
tees should have been condemned upon
total misapprehension of the facts Surely
here is matter for interrogation. .h
But without further reference just here to
this question, present a copy of the pro-
ceedings in the matter referred to, simply
promising that the paper was read by Mr..
Justice Settle from the Bench, and filed
with the other papers in the case with the
Superior Court Clerk of Rockingham
county, where it has always BEN open to
the inspection of even the most solemn of
the solemn protestants, to all the Solomonic
reviewers, and also to the gentleman who,
wields the double barreled blunderbuss in
the Daily Sentinel.
The following is the copy of the paper
alluded to above: -HHr-l E.s'L OF.
! State r ,Ala- laii alii 30 r..,7s
Patrick si, Simpson, ' Warrant, NJ murder d5;si
| Thos Hutson and
| Zan Barham, '@t' u
7. W. Patterson. the Sheriff of Rocking
ham, having returned this warrant, endorsed
executed by. arresting Patrick Simpson,
Thomas Hutson and Zan Barbam," and
having them before me, Thomas Settle, one
of the Justices of the Supreme Court Of,
North Carolina, at Wentworth, on the End
day of August, A. D., 1869, Messrs. Jno II.
billiard, A. M. Scales, and j. l. Scales, At
torneys, &C.. presented themselves as CounI
sci for the prisoners. Thereupon they were
reminded by the Court that their names ap-
peared to be attached to paper styled "The
solemn Protest." &C., which in substance
charged that the Justices of the Supreme
| Court, singly and en- masse, had so demeaned
themselves during thelate political struggles,
as to unfit them to hold the scales of justice,
and that the wayering balance would shake
| in their hands so as to serve their fellow
partizans &c. That this charge applies tn
the Justices when sitting en- nlaSse as a SUI
preme Court, and also to a Justice when sit
ting singlyto discharge any duty imposed
upon him by law. That they had doubtless
seen the action of the Supreme Court
in the case of B. f. Moore, ESQ.,, and
| Others. and that their answers had been ac-
| cepted as sufficient in that Court; and doubt
| less any one of the Justices would regard
| their answers in that Court; as sufficient to
! entille them to appear before single JUS
tice. That answers filed before single Jusss
ticc and approved BY him would entitle the
respondents to appear before such Justice,
and could also be forwarded by him to the
Supreme Court for its consideration if the
| respondents SO desired.
| That ii was the duty OF Attorneys to up.
hold the arm of the civil magistrate, and
when they failed tn do so, and ON tue con-
tIary acted in such a manner rs to paralyze
it, and to bring the authority Of any Court
or magistrate into contempt, such Court or
magistrate should not permit them to ap-
pear and exercise the privilege of Attorneys,
Messrs. Diliard, Scales and Scales, failing
to file satisfactory answers, were informed
by the Court that they could not be heard
| (Signed) THos. SETTLE, A. J. S. G.
! The first point to note is that Messrs. Dill