Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-26
SECOND DAY.
FRIDAY, Aug. 10, 1870.

The Judge announced his readiness to
proceed with business. and suggested that
the cases would be called Seredtina.
Accordingly the case of Josiah Turner,
Jr.. was first called. The return was IN
substance, that Kirk arrested him by order
of somebody, for conspiracy with Others not
named. to overthrow the State govern
ment.
The counsel for the petitioner excepted
to the return as insufficient IN many re-
epects, but it being suggested by counsel
for the respondent that there was no pur-
pose to detain the petitioner longer IN GUS
tody. Gov. Graham moved that the petl-
toner be discharged. The Judge inquired
if any sufficient cause could be shown for
longer OBTAINING the petitioner IN custody.
Mr.. Boyden of counsel for the respondent,
Kirk, replied, " We haze 40 legal eridence
of ana kind oftAe prisoners guilt, and there
fore do not oppose his discharge" There
upon the Court erd2red his discharge.
The case of Felix Roam was next called.
| The return alleged that petitioner was an
accessory to the murder Of j. w. Ste
phens.
risdiction of the Court, Mr.. Boyden moved
! for an extension of time in this case.
| Judge Battle protested against it, and
| moved that the prisoner be discharged.
The Judge said he WIS willing 20 go TO
the fullest extent of the law under which
he was acting, but would not GO further.
The respondent had already taken advan-.
! taoe of the law to its extreme extent, IN
relation to making his return, and he (the
Judged in order to allow Calm and delib-
crate investigation Of the case, had extend
ed that time already, and he was not dis
posed to do SO again. If the counsel for
! the respondent are not now ready to pro
ceed With the case, they have no one to
blame but themselves IT no cause cGn be
shown why the prisoner should be further
detained in custody. he should order his
discharge.
Mr.. McCorkle, of counsel fer the re-
spondent Kirk, said he knew no cause why
the prisoner should be longer detained in
custody as they ecere not IN possession Of q
particle Of erideuce Of his guilt and the or
der for his discharge was made.
1.-THE cases of other prisoners, whose
names have heretofore been published,
were called and discharged on similar
grounds.-ED. JOURNAL.
The nam8 of JAS. S. Scott was next
called. The return charged him with
conspiracy, &C., and insisted that salG
Scott should be remanded to Chief justice
Pearson at once, claiming priority in the
: case as he had issued the first writ.
E After some discussion, Gov. Graham
moved that the prisoner be discharged.
The Judge said that the return Of ar
officer upon whom the wrts have beer
7 served was no evidence That prior to the
issue of his writ in this case, the Chic
o Justice of this,State had issued q writ re
curing the body Of said prisoner TO b'
brought before him; to that The respond
ent, Kirk, refused obedience, and the Chic
Justice said that be had exhausted tn
powers OF the judiciary, and that 'he cOul(
?. do nothing more. Tie petitioners Nigh
4 apply to the Federal Court for ~edress /
: they thought proper. Toe application
was then made to Inn Judge Brooks) all
J.. another writ was issued, aud now 1t wa
osfed that the prisoner be remanded bac
a in response ia the o!Q writ. The Gour
said it was not disposed to agree to any
i thing Of the kind. and if there was u
- cause shown why the prisoner should b
=, held in custody longer, he should orde
e his release.
81 The counsel for the petitioners urge
n that they be discharged III a legal manner
as some of the parties discharged or pa
r roied by Kirk felt themselves under obi
} cations to report to Kirk at stated times.
l. The Judge said that parole given b
At Kirk was not binding, as it had no leg'
~ force. To look at it in moral point
70 view, he did not think 1t binding, as I'll
n detention was made without authority
it law, and with brute force, the prison
n conld not feel himself morally bonn
rs when detained by such authority, cons
ut onently he did not see the necessity for
re further discharge.
IN Court adjourned to three o'clock.