Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-12-30
awe Of said state, and the ponce, interest and


laws OF said State, and the peace. interest and
| dignity thereof
Article FIVE charges that Holden in the mouths
| OF June, July and August, 1870, did, under color
| of his Office recr ult, organize, arm and equip
| large number OF men as soldiers, with enc
| George W. Kirk as Colonel, one Il. G.. Bnrgen
Major, and sundry Captains and Lieutenants.
| anG sent such bands into the county CT Als i.
nance, whore they arres ed one Adophus e
| Moore, peaceable and law abiding citizen OF
1 the county and State that the said Moore so
\ seized and deprived of his liberty, made due ap-
| plicati to the Chief Justice OF the Supreme
OCurt of the State, as by law he might do, for
writ of hGbeds corpus, to the end that the sslo
Chief Justice might inquire into such unIsWIuI
detention that the Chief Justice issued the
writ, dzect. d to Kirk, ordering him to produce
| the body Of Moore that the writ was served on
the 18th day of July, 1870, and that Kirk refused
to make urn before the Chief Justice, declar.
ing that he was acting under the orders OF W. w.
Holden, upon which the Chief Justice made in
quiry of Holden if he had ordered the arrest and
Holden responde 10 the affirmative whereupon
the Chief Justice wrote. in substance, to the said
Holden and Kirk that they were in duty bound
to produce the body of the said Moore, - which
Holden again replied that he did so order ana
stll refused to obey the said writ, IN which he
resisted the lava and lawful authority OF the
State, and guilty Of high CRIME against
Article sixth is substantially the came as the
fifth except that it recites the case OF nineteen
citizens Of Caswell, who obtained writs OF habeas
corpus, VI hic hKirk refased TO make return to,
stating that he held said prisoners by the orders
Governor W. " Holden, commander-1n-chlet OF
the militia, and that he refused to produce their
bodies in which Holden was guilty OF high
crime against the honor and dignity OF the
State. 49,. .
Article ssveu charges Holden VITA the lncar-
ceratI0n OF Josiah Turner, of Orange county, in
among felons, one Of Whsm was condemned to
death; that Kirk, Burgen, Yates. and other deg
peradoes from the State Of Tennessee. acting
under Holden's orders, did hang by the neck one
VIM. Patton and Lucien H. Murray; and TO main
tain ead armed force did, without lawful author
ity, make his warrant upon David ". JeukIne,
Treasurer Of North Carolina. for large suns OF
money, to w.t.: seventy thousand dollars, ard did
cause the ssid Jenkins to recognize the said un-
lawful warrant. in which he Ia guilty OF high
crime and Ipisdeneanor.
in the months OF June Jnly and August, under
color of his Office Governor. and without the
sGcction of the Constitution and laws OF the |
State, make his warrants upon the treasury or
said state for large sums OF money, to wit $SO,-
600 and more, to be used for the uolaWtul pur- |
poses of N aintaining large bodies OF armed des-
peradoes that he did incite and procure the |
Treasurer OF said State TO recognize SAID unlaW-
full warrants on the Treasury of said State; that
he did. further. on such warrants, obtain IN the
said manner, other large sums OF money, to Wit; |
$40, 600 ; that Richard nj. Allison, citizen or
Iredell county, did bring suit in his own behalf |
and in behalf of all the taxpayers OF said state
to restrain the Treasurer from paying any such
and all sums to the said Holden that
Judge Mitchell, of the State Superior Court, |
granted writ restraining and eDjoinlng the SAID
Treasurer from paying such funds; that the said
Treasurer was duly served with such writ or IN
junction, but the said Holden did persuade, in !
cite, order, procure and command the SAID
Treasurer to disregard the I'M 1nction and to de-
liver the funds to other agents of the said Holden
to be used for the purposes aforesaid; that the
eaid Treasurer did deliver such funds, in total
said writ of Injunction. in which the
said Holden is guilty Of high misdemeanor, in
of the Law Of said state, and the peace, interest
and dignity thereof.