Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-05-05

tends over most of the State, for I have
tax en- the trouble to inform myself In re
speot 10 at least two-thirds of the State
where these depredations have occurred,
and from what I consider reliable authori-
ty, my opinion is very decided that it is
utterly impossible to secure anything like
@ fair trial In any case where any person
belongs to any of these secret organiza-
tions or clans, Constitutional Union
Guards. &C.; utterly impossible in any
such case to obtain fair trial on the part
of the State In the first place, it is diff
cult to procure bill of indictment through
the grand jury. In niue cases out of ten
the men who commit the crimes constitute
or sit on the grand jury, either they them
selves or their near relatives or friends,
sympathizers, aiders, or abettors; and, if
bill is found. it is next TO impossible to
secure conviction upon trial at the bar.
[ have heard of no instance in North Caro-
lima where a conviction of that sort has
taken place.
Question-Does that difficulty arise from
the presence of members of the organiza-
ton on the jury, or from the appearance
of witnesses in behalf of the organization,
or both
Answer-From both, 50 far as my infor-
nation goes.
Question-To what extent is that the
case in the State at present lin how many
counties or districts that you are aware Of?
Answer-Well, sir, my opinion is that
1t Is the case IN every county where these
organizations have been introduced. They
have not been introduced in all the coun-
ties, SO far as my observation goes. For
instance, in my own district, [ an sure
there are at least two counties whore they
have never been introduced at all, an1 one
of these is a very strong democratic cOuu-
ty.
Question-Name them.
AnsWer-Columbus and Brunswick.
QuestiOn-How as to other counties OF
the district?
Answer-Well, sir, [ speak merely from
information. Ny opinion is it does exist
in at least thre8 counties in tho district.
The other three [ ara IL doubt whether il
does or not; at any rate, [ hav0 never seen
any evidence in the other three i'll the Jury
box.
Question-What three doea it exist N?
Answer-Duplir, Sampson and Robe
son. There have been no 0utragee by that
order in Robson. Well, there hare been
some. have no doubt. but none yc1y
fragrant; ! do rot know but [ die hear OF
their killing one nap. l believe the Or
ganization exists in those three countic s?
Qlestiou-Do [ understand you, then,
)
court arising out Of this political organiza-
ton, your belief is that Justice cannot bo
administered through the nelium Of Jury
trial?
Answer-That is my decided opinion.
Ques'ion-ErOn1 your experience as o
Judicial officer there. can you suggest to
us any practical Legislative remedy for
this evil?
Answer-WcIl. sir. that raises numerous
constitutional qne.t iona, many Of which I
have not eXa;uiucd. [ did cay, and [ say
now, that t"o Yeas ago, or even one year
ago, If VIC hal had omECtoit govern
ment, competent legislature, and compe-
tent executive, it could Ii ave been suppress
sed by the State authorities by tue State
courts, and that lis final triumph is due,
in great measure, to the incapacitY OF
those who have been intrustcd With the
administrat on Of our governmental nf-
fairs in the State.
Question-Do you speak of tho inef1i
cient administration of the civil code it.
self, or the failure Of legislation?
Answer-I speak in the first place OF the
failure Of the legislature to afford the
necessary remedies in criminal prosecution,
their partial failure TO do that aud second,
the inter failure of the executive to carry
into effect such remedies as were given by
the legislature.
Question-You mean by that the act
which authorized the Governor to use the
military?
Answer-No. sir; I do not mean that. [
mean the ac5 OF assembly which gave him
to push the prosecution in the
courts, For Instance, there was al act of
assembly which authorized the removal,
at the instance OF the State, Of cases after
a bill was found, from county where O
krJ0 al 0nJ1lH OF ho bo1 30 l.
be selected by the State. That was en-
tirely unconstitutional. The legislature
had perfect right to do it. There were
bills of Indictment found, with
evidence sufficient in some counties am
entirely satisfied, but there was an utter
failure on the part of the Governor to en-
ploy counsel and prosecute those cases by
removing them to slch forums as would
have afforded fair trial; in consequence
of which no convictions were had.
Question that duty imposed upon
the Governor OF upon the district solicit
tor?
Answer do not remember that in SO
many words the Governor was required to
DO 1t, but he was making pretense of put
ting down the Ku-klux. He had secret
service fund at his disposal, was employ
ing detectives all over the State, and in
some instances employed counsel. The
IN the circuits did not make The |
motion, and the Governor had nobody
here to insist upon it.
Question-To what extent does this
state of affairs to which you have testified
exist at this time in the State
Answer-I think it is just as bad now
IS ever it was While holding court, in |
December last. in Cumberland county, |
which is out of my circuit exchanged |
'ircuits with Judge Buxton--I had 1elia
Die information that a white man was taken
'ut of town, within the vicinity of Fay
tteville, III that county, and severely
whipped and scourged; the reason given
icing that he had voted the radical ticket?
Question-Do you recoliect his name?
Answer-RaifOrd
Question Was any judicial invostiga-
ion instituted?
Answer-None whatever. Information
7as brought to ne, at my rooms, that the
lan Was in town, and I told the gentle
IAN who brought it to tell him to come
nd see me. The etatemen. was also made
hat he knew two of the men.
Question-Was this statement made bv
he man who was injured