Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-26
HONORARY NTARsHAIS,

" K 4. Battle, L. Il. Shober,
" Abram Rencher, j. O. Harper
The HADEAs CORPUS CASES. Tho Gov
ernor having graciousIy made up his mind
to allow the execution of the law in North
Curolina, which determination was, per
hapS, somewhat accelerated by judge
Brooks and his writs OF habeas corpus, the
prisoners for whom writs were issued by
Chief Justice Pearson, some four or five
weeks ago, chose, it will be remembered,
Alrk declared had 'played out, y were de-
1Vered here yesterday by the military au-
thorities.
Judge Pearson having been notified By
the Governor that he might resume the
exercise of his official duties, ordered 4.
A. Wiley, of Caswcll, before him for exam
ination.
L. P. Olds, Attorney General. appeared
for the Executive, and Mesare. f. +. d l..
Fl. Battle, Watts and Wirstead, for tho
prisoners. The rest of the prisoners cour
sci except Gen. NJ. W. Eansorl, who ID.
rived this morning. were in s3aliatl,
where it was supposed ell the pre-
would be taken.
Counsel for the prisoners, thr~
Battle, Esq. then submitted t..
motion to His Honor:
Hon. r. II. PEARSON at Chamber,
Obief Justice, &C., Aug. IS, 1870
In the matter OF the several petitioners OF John
Kcrr, Samuel z. Hill, n f. Roam, Robert Rosn,
L. a. Wiley and others, for wrlts Of haJeas cor
puS, your Honor having stated IN the opinions
filed In the several cases bearing date Aug. Zrd,
1871, that your power was exhausted and the said
petitioners IN consequence thereof, deemiDg
themselves without remedy from the Judiciary OF
the State having obtained writs Of hdbeas cor
pnS from hon. George w. Brooks, Judge of tho
District Court Of the United States for tho Dis
trict of North Carolina, returnable before him at
Chambers in Salisbury this day, as counsel for
the SAID prisoners, and on behalf Of associate
counsel, VIC respectfully ask leave for the said
prisoners respectively to withdraw their said pc
htiOns, and We do hereby abandon further pro-
ceodlngs under the writs, IN their several cases.
W. H. BATTLE IL Sons,
Counsel for Petitioners.
The case was then continued until to-
morrow morning, Mr.. Wiley, in the mean
time, considered in the custody Of the civil
law.
This morning at 10 o'clock the case again
came up before his Honor, the Chief Jus
tice, when he delivered his decision that
the motion of counsel yesterday, to with
draw the application for the writg was al
lowed.
The Attorney General then renewed
motion made by him yesterday, to proceed
to the examination of tho prisoner, on
charge of the murder of John W. Stephens,
upon bench warrant issued by the Chief
Justice yesterday.
The question Of suTrendcring the prison
crg to Judge Brooks ON the writs issned by
him was argued at some length by Messrs.
K. z. and Il. II. Battle in favor, and by
Mr. Olds in opposition. We would be
glad to give an outline of the arguments.
but want OF space fol bids.
at the conclusion, Chief Justice Pearson
read his decision as follows
STATE OF NORTH CARoLIYA,
AT CHAMBERS, August 10, 1870. {
State Vi. +. a. Wiley.
The motion on the part of she prisoner to en-
ter 19Ae rroSequi. or retgd,,U is allowed. The
proceeding has taken 81 turn for which my expo
rIence and the labor OF the learned counsel fur
nish no precedent.
1. Upon COMMON sense" view of tho ques-
ton, can eco no reason why the prisoner, If 80
advised, should not be allowed to withdraw his
3. The Attorney General, anticipating tho
course that would be taken on the part Of the
warrant. This cuts of ell collateral questions
and reduces the matter to this. If probable
cause can be made out on the part of the state.
1 shall commit the prisoner for trial in the due
shall discharge him.
hope it is not necessary but from what I Gee
in the newspapers. think it proper to say, 81
enter upon this investigation Of the question of
probable cause with single eye 10 truth and
justice"
s. It was said by Nr. Battle Of COUNCIL for the
prisoner, that upon information was obliged to
take notice OF the fact that the prisoner had
made application to his Honor, Judge Brooks.
for a writ OF babeas corpus, which his Honor had
granite That is true, but am 20 entirely sat
lshed tina. his Honor has no jurisdiction to pass
upon charge OF murder. and to bind prisoners
over for trial before the State Courts, that l
take tho responsibility of proceeding on this
bench warrant without fear OF any conflict OF ju-
rlsdlction. The prisoner is now out Of the hands
OF the military and in the hands OF tha civil au-
thority, and will be dealt with according to
law.
Now We have plain calling; if there bo .sprobs-
bic cause" against the prisoner. let the Etato
prove il.
No moro need he sajd eho,. 41,o ,,o-,o~ l.;
which the military was organized or n traverse
OF the fact declared by his Exceiency, that tho
county OF Ceewell was in q state of insurrection
PEARs3s, q. j.
The case of MIR. Wiley was then post
poncd. until Monday morning at 8 o'clock.
TO give time to procure witness, for whom
sabpoonas were issued, and recess taken
until o'clock, 2. M.-RaIeigh Sentinel.
The French postofIice will forward. free.