The weekly standard., 1870-08-24
The Hnbcns Cornus Cn.cs.

On Thursday Chief Justice Pearson had
r. A. Wiley brought before him on the writ
Of hdbcns corpus. l.. p. Olls, Esq, appeared
for the State and Mcssrs. X p. Battle, II. II.
Battle, and Mcssrs. Watts and Winstcad for
the prisoners.
II. ii. Battle, Esq, on bchalfofthc defence
submitted the following motion:
Hos. II, NJ PEAnsoN, AT Chambers,
Chiei Justice, &c, Aug. Is, 1870.
In the matter OF the several petitions ui
John Kerr. Samuel T. Hill, n. II. Roam
Robert Roam, +. A. Wiley, and Others, for
writs of habeas corpus, your Honor having
stated in the opinions filed in the several
cases bearing date August 2d, 1870, that
your power was exhausted, and the said pc
titioners in consequence thereof, dccming
themselves without remedy from the Judi
ciary of the State, having obtained writs nf
ha6cds corpus from Hon q. w. Brooks, Judge
of the District Court of the United States
for the District at North Carolina. returm
BILE before him nc Chambers in Salisbury this
clay, as counsel Tor the said prisoners, and
on behalf of our associate counsel, we re-
spectfully ask leave for the said prisoners
-Sespccsiysiy,- Mi.hdraM-s stheir said peii-
tions, and we do hereby abandon further
cases. WIN. II. BATTLE & SONS,
Counsel for Petitioners.
The case was then <curned till ycstcr-
day, the prisoner Wiley being remanded to
the custody of the civil law.
Yesterday morning the case was resumed
and Chiei Justice Pearson allowed the ap
plication for the withdrawal of the writs.
The Attorney General then renewed his
motion to go into an examination OF the
testimony against the prisoners on the
charge of the homicide of John w. Stevens.
Chief Justice Pearson read his decision hs
follows:
STATE OF NoRTH- CARoLISA,
AT CHAMBERS, Aug. 10, 1870.
STATE rs. F. A. WILEY.
The motion Oh the part of the prisoner to
enter nOlie p,osequi, or retraret, is allowed.
The proceeding has taken turn for which
my experience and the labor of the learned
counsel furnish no precedent,
I. Upon common sense" view of the
question, can sec no reason why the pris-
oner il so advised, should not be allowed
to withdraw his application.
2. The Attorney General, anticipating the
course that would be taken on the part OF
the prisoner, had applied for and obtained
| bench warrant. This cuts off all collateral
| questions and reduces the matter to this. If
| probable cause can he made out un the part
of the State, shall commit the prisoner for
trial 10 the due course of law; If probable
cause be not shown, / shall discharge him.
hope 1t is not necessary, but from what
see in the newspapers, l think proper 10
say, Il enter upon this investigation Of the
question of probable cause with single
eye to truth and justice"
] g. II was said by Mr.. Battle Of counsel
for the prisoner, that upon information l
was obliged to take notice of the fact that
the prisoner had made application to his
Honor, Judge Brooks, for writ OF hdbeas
corpus, which his Honor had granted. That
is true, but am so entirely satisfied that his
Honor has no jurisdiction to pnss upon a
charge Of murder and to bind prisoners
over for trial before the State Courts, that
take the responsibility Of proceeding on
this bench warrant without fear of any con.
fiict of Jurisdiction. The prisoner is nov
out of the hands of the military and in the
observation-disclosures" sd "''" 10
Now we have plain smiling; il there he
probable cause" against the prisoner let
the State prove it.
No more need be said about the manner
in which the military was organized, or u
traverse OF the TACT declared by his Excel
lency, that the County of Caswcll was in a
state of insurrcction.
PEARSON, G. J.
The case of Mr.. Wiley, was then postpon.
cd until Monday morning at nine o'clock, to
| give time to procure witnesses, for whom
subpGnas were ordered to be issued, and u
recess taken until o'clock, r. NJ.