Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-02-24
From The Raleigh Eentinei
IMPEACHMENT.
EIGHTEENTH DAY.
SENAaE CHAMBER, Feb. 16, 1871.

|
half of managers, testified
reside in Caswell county, am farmer,
and am forty six years Of age. was not
arrested by Kirk / went to Yanceyville
: on one occasion with wrts of AdbeaS cor
pus from Chief Justice Pearson, to serve
, on Kirk I rode to Yanceyville with a
friend from Danville. carried my friend
in order that If was arrested he could go
: home and tell the tale. I rode up to the
court square, got off my horse, went to the
, gate, started in but was stopped by sen
; tinel and asked what wanted. 1 told him
I wanted to see Col. Kirk. He called and
, O man they called adiutant came out and
asked what wanted with Kirk. told
him had communication for the col
onel. Asked me what it was. Told him it
was an important paper for the colonel,
and l wished to see and deliver it to
him. The adjutant then said be would
go back and report. [ and my friend
waited there for some time 10 minutes
perhaps-when Maj. Yates came out and
asked the nature of the paper. | said they
were writs of hdbedS corpus from the chief
Justice, at the same time taking them out.
Yates said Kirk was busy and couldn't see
me then, but would after awhile. left,
and went across the street to MIR. SCOTS
store I was not long there before Yates
came over and wanted to discuss the ques
tion with ne. I told him wished to have
nothing to say to him. He called me a
miserable s.ourdrel, and said if / wanted
to fight he was ready. said was not q
fighting man, and that ] was on mission
of peace. I left him. My friend and my
self sat talking together awhile, and saw
Yates again at the gate. Went up to him
and asked if Kirk would see me. He re-
piled that Kirk would see no midnight
assassin. then went to air. NOrf1eet's
store, and, after being there awhile, think
Al T arS
of citizens, suggested to my friend that
we would 90 out and sit under tree, as
our presence under he circumstances might
involve some of them. But before leaving
the store I saw a man at a window of the
court house whom Mr.. Norf1eet pointed
out to me as Kirk. l started across with
writs in my hand. Before | reached the
window Kirk left. aud a gentleman who
was with him, in answer to a question
from me, said he had gone down stairs. l
then went to the gaze again, and saw Kirk
in the vestibule of the court house giving
orders l tailed to get to him, and then
retired with my friend. About this time
q drum was beaten, the soldiers fell into
line, and seemed to be loading their
muskete Marched around ittle-then
a SQUAD of seven, with Yates III command,
marched directly to where my friend and
myself were sitting, and Yates said, eff
YOU have homes go to them. [ will stop
this caucuseing" [ said l was protected
by those writs He said if we did not
leave, and at once, he was ordered to fire
upon US. We then retreated, ia good
order. ] had q correspondence with Gov.
Holden relative to the tribunal by which
the prisoners were to be tried. li1ere Mr..
Graham, handed witness two letters which
be recognized as the letter which he sent
to the Governor, and the reply t. the same
The witness read them. His letter to the
: Governor was relative to the rumOr that
the prisoners were to be tried by mill
tary commission. Asked if this was SO,
and at what time the court would sit. The
reply, signed 10y Col. Clark, stated that
the Governor directed him to say that the
prisoners would he tried by court mar
tiaI, and that it would sit on the Sth day
} of August. Also, that prisoners would be
allowed benefit of counsel. The letters
, were dated respectively, Both July, 1870,
and 31st July, 167O)
went to YanceyvilIe on the 9th day Of
August, wrote Kirk asking permission to
see the prisoners. He granted permission,
and putting his pistol on, went up with
me. told the prisoners that had been to
Raleigh. and heard that certain lawyers
, mentioning them) could not attend in
Yanceyville to appear for the prisoners,
: and that [ had telegrapbed Gov. Wells,
of Virginia, to come on. [ told them that
they would not be tried by military
{ court. Colonel Kirk said they would be,
and on the 9Th of August again repeated
that they would not.
Before the prisoners left Yanceyville ]
E went there, and Mr.. Brock Holden asked
me to go with committee of citizens to
> wait on Col. Kirk. I did so. When We
arrived in his presence Mr.. Watts, prom.
inent lawyer of the place, was spokesman,
and said TO Kirk that we had met there to
see him to make q statement of the affairs
of the county to him, and to say TO him
that the civil authorities could execute any
= law or make any arrest, and that without
the use of the military. Kirk replied: 81
, understand it. I have got you down, and
Jou have come to beg" [ got up and
said it was no such thing; that We merely
came to make plain statement to him.
He then said to me: 'You have insulted
, me before" / said / had not; certainly
not Intentionally. He then ordered me to
keep off his camp; that he had proof
\ enough to arrest me, but must keep of
his camp. I asked him to let me know to
what point his line extended, and / would
crafty him. He said Holden had given
> him possession of public houses and
s grounds, and that must keep away from
= them. [ staid away. When tho prisoners
were about leaving my brother, who was a
prisoner, sent to Ee for some money.
j sent word to Kirk l wished to see the pris-
i oners, as [ had business to attend to-
Q Yates and Banner came out and said that
q I could attend to the business but mus,
: not have forty men standing around me.
U I said that all were my friends, and if they
wished TO talk with me / would certainly
r do it. Yates told me to "hush your id
!. mouth, you id ku klux." 1 said I was
: not ku klux. They then made motion
) to draw their pistol, and did do it, and
r firmly believe now, that had I moved my
= hand would have been shot. Got the
j. money to my brother. The state of terror
}, was very great. was frequently travelling
r from Danville, and met wagons going
9 around and avoid Yanceyville. Yancey.
vile Yas on their direct route to Danville
a ! do not knog of any secret political SO
8 ciety.
v Josiah Turner, Jr., sworn on behalf Of
! managers, testified
t am lawyer, have been for near thirty