Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-02-10


become the proud boast of the citizen"
our liberties be perpetuated. and orr bo
loved North Carolina continue to be the
pride and glory of her children, long wears
after these granite walls, within which wa
sit, shall have crumbled into dust.
Then followed the introduction of doom.
mentary evidence, consisting of the oath
of Office of the Governor, the letters and
orders of Gov. Holden, the pay rolls of the
Kirk army, DC. Interesting debates were
ELECTED upon the question of tho admis.
sion of certain documents as evidence
l'fhe full report of Mr.. Sparrow's speech
precludes more of the proceedings.
SEVENTH DAY.
The Court met at II o'clock, Chief Jus
tlce Pearson presiding.
The proceedings were opened with the
usual preliminaries.
The roll was called and q quorum was
ascertained to be present.
On motion of Senator Graham Of
Orange. the reading of journal was dis
pensed with.
The examination of w. II. Bagley was
resumed by the prosecution. Mr.. Bag
ley testified that the papers then before
| the Court lin reference to the kGtbeas cornus
cases before Judge Pearson last summer
were the papers placed in his charge by
Judge Pearson, that the signatures of the
Judge upon them were genuine sigma
| lures, &c.
Mr.. BoydeD, counsel for RESPONDENT
stated that if the other side proposed to
read what he (Chief Justice) in his Judi.
cial capacity had signed, they had no OBJ
lection, but they (prosecution) could not
read the returns without proving the OH
Ger before whom the returns were made
and sworn to, &c. He supposed the other
eide intended to read the whole of the pa
pers. therefore, they would now raise the
point.
Mr.. Mormon, counsel for the prosecu-
ton, said they intended to read from the
copy as it was more convenient.
The Chief Justice had read to the Court
a communication from Abbott, Pool and
o. Ii. Dockery in reference to the sub
pBna served upon them. The communi-
cation set forth that their duty as Con-
gressmen would not admit of their coming
III person, and suggested that their evio
dence be taken before some commissioner
at Washington.
n. Nj. Roane and the other arrested citi-
zens OF Caswell county to Judge Pearson
for writ of hG6eds corpus to release them
from the custody of Kirk, was read.
Mr.. Merrimon, wished to have the atIi-
davit of E. b. Holden read.
Mr.. Boyden wished to know before
whom it was sworn to.
Mr.. Merrimon replied, L. D. Harrison
Mr.. Boyden objected unless it should be
first proven.
Mr.. Graham, for the prosecution, did
not so understand the rules. They under
stood that when the return was made be
fore Judicial officer, and there being no
objection at the time that it was not made
upon proper evidence or upon proper ser
vice, and an adjudication takes place be-
fore that officer, that everything that he
has ratified is ratified elsewhere, other
wise in offering evidence of judicial pro-
ceeding it would be necessary to produce
all the Witnesses before the revising tri-
bunal that were before the original, &c.
Mr.. Boyden understood this to be the
case as to Court of record and the doc
trine did not apply to any other Court. -
Oar Courts had always required suits
brought upon Judgment before O magis-
trate. that the handwriting of the magis-
trate issuing the warrant be proved. If
it is returned before different magistrate,
and that magistrate gives judgment. it had
always been required to prove his hand
writing, &c.
The Chief Justice said it was not the re-
turn that was offered but the affidavit nee
essary to take out the writ.
Mr.. Boyden said he had labored under q
but his remarks would apply to
,he offer of the return when made.
The affidavit. made when the petition
'or the writ of hdbedS corpus was made in
behalf of the Caswell prisoners, was read.
Mr.. Manager Durham then read the pc
;ition of p. III. Williamson, arrested by
Kirk for serving writ of hdbeds corpss
1pon him, to Judge Pearson for q writ of
adbeas corpus, asking for a release from the
custody of Kirk and hearing.
Mr.. Merrimon now wished to offer the
eturn in evidence.
Mr.. Boyden objected to its admission
Mr.. Graham insisted that it was compe-
;ent where judicial officer had taken
The Chief Justice suggested that the
writ had better be first read, when
Mr.. Manager Durham read the writ of
'abeas corpus issued by Judge Pearson, III
'ehalf of John Kerr; also, the instructions
o the Marshal of the Supreme Court ap-
'ended to it, in regard to it's service.
Mr.. Merrimon wished the return of that
,ff1cer read.
Mr.. Boyden objected, on the ground
hat there was no return of any officer, but
# private individual. If this were
,recept directed to any known officer, his
eturn would be evidence, DC. It was no
,art of the ordinary business of the Mar
hal of the Supreme Court to serve writs
# Aabeds corpus; besides, the return had
'een made to no court of record. It was
proceeding before the Chief Justice at
Aambers.
MIR. Bragg, for the prosecution. insisted
hat the Chief Justice had a right to des-
gnate any one to execute this process; and
he return of such officer having been re-
eived and passed upon by the Chief JUS
i,e, it was sufficient without any further
roof.
Mr.. Boyden and Mr.. Graham further
rgued the point, when
The Chief Justice decided that the re-
urn made to the Chief Justice might be
sad without further proof, the Chief JUS
ice having passed upon it at the time.
Mr.. Manager Durham then read the re-
i'm.
The petition of Adolphus G.. Moore, to
le Chief Justice, for O writ of ha6eas
'rpuS, was then read. Also the affidavit
e. S. Parker, stating, to the best of his
nowledge and belief, the facts in the pc
ton of A. G. Moore were correct.
The order that the writ issue, and the