Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-11-04
STATE NEWS.

~ i u IL " IL ~ Ds
About 1000 bales of cotton sold in Char
lotte last week.
THE State Penitentiary now contains
900 convicts.
STATE Council, f. of T., meets in
Raleigh Nov. Both.
ONsLow Superior Conrt in session this
week.
OYSTERS SO cents per bushel in Wash.
iDgton. n. @.
DRIED fruit to the amount of 36O. 1856
pounds was shipped from Greensboro up
to October Goth.
THE session of the U. S. District Court
will hereafter be held at Edenton, instead
of Elizabeth City, as heretofore.
BAPTIST STATE CoNvENTIoN.-The Bib
lical Recorder says that the Convention of
Baptists to be convened il Raleigh next
week will be tho largest ever held in the
State.
The !NI1accrd is opposed to the election
of Radicals to Office. Hear him
If tho Republican party cannot find
honest men in its ranks to eject to Office,
we say send an honest Democrat.
VISIT TO WINNING roN-We have just
made flying trip to Wilmington to see
Judge Buxton, who was holding Court
there, having exchanged circuits with
Judge Russell. Judge Buxton had in
duced us to believe that if we would make
a personal application for bench warrant
against Gov. Holden it would be granted.
On the Sd of October, when he was hold
ing Union Court, We sent him,an affidavit,
complaining that one ". W. Holden and
Alex Ruffin, tnegro,) and others had
assaulted and falsely imprisoned us. Hol-
den having furnished the negro and 9th
ers the guns with which to assault us. 10
this affidavit tho Judge made the follow
ing reply:
STATE OF NonTE 1d oAnoIINA Sd October 1870
This is an application for . Bench Warrant
this day made to me upon n complaint, verified
by affidavit before the CLERK of Wake Superior
COURT, and handed to me at Monroe by an At
torney. The complainant, Josiah Turner, Jr.,
does not appear before me-.
The Act OF 10th April, 1869, regulating pro-
ceedngs in criminal cases, Chap. LII, Sections
and 3, defines the duty of the examining Magis-
trate-
made: Whenever complaint shall be made to
any such Magistrate that q criminal ofense has
been committed within this State or without
this State aud within the United States, and that
q person charged Herewith is in this State, 1T
SHALL BE THE DUTY OF SUCH MAGISTRATE TO EX-
ANIME, ON OATH, THE COMPLAINANT AND ANY WIT
NEssEs WHO MAY PRODUCED BY HIM.
SEC 3. Duty Of Magistrate on examination ::
IF 1T SHALL APPEAR FROM SUCH EXAMINATION
THAT ANY CRIMINAL oFFEEsE HAS BEEN COMMIT
TED the Magistrate shall issue proper warrant
under his hand, with or without seal, recltlng
| the accusation, and commanding the officer, to
whom it shall be directed, forthwith to take the
person accused OF having committed such ofense
and to bring him before Magistrate, to be dealt
with according to law"
It thus appears that before q complainant 10
entitled to q warrant, he must undergo an Ok
animation, on oath, before the magistrate, in
order that it may appear from such examination
hat a Off0nS0
mere er-paTte affidavit before q clerk 10 not
sufficient to justify judicial action N criminal
RALPH P. BUXTON, Judge &c.
! We determined that the Judge should
| have no longer such excuse. When we
| did appear he asked US but one question,
and that was, is this the same case that you
complained of before Judges Dick and
Settle ? We answered in the affirmative
The Judge then rendered the following
opinion
sUpon the foregoing affidavit application ie
made tc me by Josiah Turner, Jr., for bench
warrant against W. W. Holden, Governor o.
North arolina, and no one else. Having read
and ca fully considered the case referred to IN
the affidavit of State Us. w. W: Holden ant
aud Conclusions arrived at by the Justices il
that case meeting the approval OF my Judgment
1 decline granting the bench warrant asked 10
against his EXcellenCy w. W. Holden, governor
of North Carolina.
(Signed,l hALPH t. BUXTON,
| Judge D. l.
Wilmington, N. c., Oct. q. 1870.
| Josh Billings would call this ''Judici0
dodge" worthy only of Riley Cannon. o
the mountalns.I
Riley and Ralph have made history TO
/ themselves and party on bench warrants.
g the latter had given his true reason at first
he might have saved Us 300 miles travel
: AS it is, nothing is lost by it. The Judge
n are taught never to evade question or as
sign a false reason for doing or not dom
an act.
Seeing many old and valued friends /
Wilmington. and being SO we'll cared fo
by Col. Davis, of the Purcell House, leave
/ us no cause to regret that the Judge com
PEELED us to make personal appearance bs
fore him.
8 A Judge should always give the tru
: reason for his action, even at the peril
s'exhausting" the Judiciary, as di9 Chi
Justice Pearson in the case OF A. e. Moor
Raleigh Sentinel.
Gov. VANCE.-Ex-Gov. Vanco was or
20 of the speakers at the grand Democrat
q mass meeting in Baltimore on Mondt
;. night. It was the largest and most brl
!. liant political demonstration ever held
! that city.
The statement here made yesterday til
the session of the U. S. District Oou
=, would hereafter be held at Edenton inste
of Elizabeth City should be reversed. e
latter and not the former is the place nt
appointed, the change from there to Ell2
beth City being ordered at the last sesSl'
er of Congress.
Dangerous Attachment
In Macon, Ga, a negro was bitten by
!, dog belonging to circls, and sued