The New York herald., 1870-07-31


onicials to aid as the instructions indicated, ana
the position of the United States troops here Is
negative one, unless possibly they might interfere
to quell conflict between Kinks troops and the
citizens, if such took place, though perhaps the
discretionary powers would be more judicously
exercised if they aided Kirk A similar complica.
on to this arose yesterday when the deputy OF the
marshal Of the State Supreme Court attempted to
serve the writs OF habeas corpus on Kirk, but was
prevented by quiet ntimaton from that indivi-
dual that he would be fired on if he old not make
himself scarce in Yanceyville Was not Major
Rodney and his troops bound to aid this officer in
executing the writs-the sacred privilege OF the
citizen at all hazards-particuarly when the
habeas corpus had not been suspended by the
President of the United States? The Deputy
Marshal dld not appeal to him Tor ana, and
the officer would in all probability, have
again exercised his discretion, and, in the absence
OF more definite instructions, refused to interfere
where it might have resulted in serions collision
between the jayhawkers and the United States
troops.
The marked contrast between the soldiers of
this command, in point OF physical development,
healthy appearance, soldierly bearing and strict
discipline tells terribly against Kirk's slim, sckiy,
satfron-colored, sovenly samples of East Tennes-
see jayhawkers and intellectually the privates in
the United States battery are the superiors of
Kinks officers.
On the 25th a detective of Holden's, whose
name is L. II. Mowers, but who has Lalf dozen
aliases-viz. Hamilton, Burnham and others-de-
coyeu young man named Oun, OF luis county,
from Danville, Va, and
ARRESTED HIM,
lodged him in the Court House with the remainder
OF Kinks prisoners, where he still remains in
custody. This is an outrage on the State of
Virginia that should at once be looked into
by Governor Walker. Gun was no fugitive
from justice; there were no charges preferred
against him and even had there been HOden's
minions had no shadow of authority for decoying
a man from Virginia for the purpose of arrest.
The arrest was, in fact, made in Virginia, and is
therefore violation OF the territory OF that State.
Kirk, who is to be one OF the members OF the
court to try the prisoners, has repeatedly cx-
pressed his opinion of the guilt OF some OF .hem,
and is therefore disqualified to act.
Arrival Of Deputy With the Habeas Corpus
Writs-Kirlk Shuns the Olicer--The Court
House Bnrricadcd-Threat TO Fire Four
Citizens-Kirk's Influence on the Elections
Ktrk's Programme.
YANCEYvILLE, July 20. 1870.
The few remaining citizens, the two strangers
here, the Company OF United States Artillery, and
the women and children were thrown into a state
OF intense excitement and CONSERVATION this morn
Ing by what threatened for a few moments TO result
In bloodshed. About ten A. NJ. Mr. George William
son. a citizen OF this county, accompanied by Mr..
Pace, Vlrginian arrived here, the former being
deputized by the Marshal Of the Supreme Court of
the State of North Carolina to the nineteen
wrts OF habeas corpus issued in the Of the Cas-
well prisoners on Colonel Geo. w. Kirk, commanding
the State troops, who has them in custody at the
Court House. The following Is copy OF one Of the
wrlts =
STATE OF NORTH CAROLINA.
To GEORGE w. KIRK, GREETING:-We command
You tnat the body Of John Kerr, being confined ana
detained IN your custody, as 1t is said, together
win tue day and cause Of his capture anu de enon.
by Whatever name ne may 0e Called you have
before me. Rlchard NJ Peai son. CHIEF Justice OF the
supreme Court Of the state aforesaid at the Cham
mediately after the receipt Of this wril TO do and
reSsive what shall be then cons,dsred n his Seha
Chief Justice of the Supreme Court, this zod day Of
July, 1870.
Armed with nineteen OF these peremptOry dOcu-
mens Mr.. Williamson presented himself at the front
gate of the Court House and requested to Colonel
Kirk Oh important business. One OF the East Ten
nessee orderes carried the message INTO the
Court House, and shortly afterwards Major Yates,
OF Kinks command, appeared ana demanded OF
Williamson the nature OF his mission. The latter ex-
planned that 1t to serve upon Colonel Kirk nine
teen wrs Of habeas corpus in the cases Of the
prisoners, issued by Chef Justice Pearson. This
information was at once conveyed TO Kirk who re-
turned an answer that he would give Williamson
reply In half an hour. AT the expiration Of that
time Williamson reappeared and, seeing Kirk at
OF the windows Of the Court House, called to
him TO come forth, at the same time exhibiting the
bundle OF documents aloft in his hand. Kirk quickly
disappeared from the window, and the MAJOR again
advanced from the Court House To the railIngs
when he informed williamson
Colonel Kirk will hold no communication with
midnight assassins"
Williamson replied:-
''I am no midnight assassin, sir. i am merely de-
puted to perform duty, and wish to do SO in the
most peaceable manner possible"
Major YATEs-'Colonel Kirk refuses to see you and
will have nothing to do with YOU"
Failing in these repeated efforts to obtain an audi
ence with the notorious East Tennessee bush
wbacker williamson then retired to the piazza of a
house te opposite side Of the street 10 the
first opportunity presented Itself OF serving the
writs when Kirk would make his appearance outside
the lines OF his sentinels While here three Or four
of the citizens yet at large walked to him TO learn
the result Of his visit, which they had ali observed.
Simultaneously with this
VIOLENT CoMMoTIoT
was visible in the camp around the Court House.
Ofiiceis and conrlers dew from headquarters IN all
directions drums beat the long roll the jay hawk
ers IN great trepidaton maze haste slowly bucklilg
their martial trappings; the barrcadcS pierced
Tor musketry were at once thrown up at the doors
and windows OF the lower story OF the Court uouse
and the entire command or Tered 10 fall in, While
the prisoners above in the upper story looked down
upon their warke demonstrations with anazement
and q just dread OF some impending danger.
soon after this the order
TO LOAD
was heard, and the Jlngllng OF the Jay hawkels'
ramTods rang out on the air ia an irregular and de-
sutory sort Of way; cartridges were ciumsy ram
med home caps were al length adjusted principally
by the oficcrs ana in probably haf an hour fron
the frst command TO load that military feat was ac-
complisned. The four citizens on the piazza of tile
house opposite looked on IN blank astonshment
wondering what this extraordinary display could
mean, but they mad not long 10 wat for soon de-
tachulent unl Ter command OF The Major with arms
at the fright shoulder SHIFT" flied into the public
square ana advanced towards the house, on the
piazza OF which they were standing. Hating the
jay hawkers directly in front Of the lour citizens,
the most unmitary-ke attitude the valiant Major,
who Is a preacher, then said:-
.'Ths damned Ku KluX caucusSing must be
stopped. The Colonel VIII not allow any Of your
rebel demonstrations here. II you have homes 60 to
them at once, and If you don't viii
FIRE ON YOU.o
without even waiting TO assure the gallant Major
that they were not Ku KluX that they were making
no rebel demonstrations and that they had homes
the four unarmed citizens then Immediately took
mol plD vi nyvav frpu fhp taf