Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-06-16

drunk on Saturday night. in the road .ro.
him mp and told him to 20 hon
didn't go saw him about 9 o'cIool' Ne
was about mile from Draughon's It
James Williamson ties fled Lives =.
Mrs. James Williams, about 2 miles fs at
Clinton, and about mile from Dranoh ron
Saw Lewis Hunnicutt one SaturdsS , n;n, $:
in March he came to witness ron. sns
wss very drunk !; it was between ne
10 o'clock; this was abont or nd
from t. 9 scene of the alleged ont lines
Josiah Hollis stayed with them; thew "a. .
in bed; il Hunnicutt lett during the y,
didn't know il; the sun was more than
hour high before Hunnicntt got I'D ,h ns
was aSaturday night 10 the latter art 10
March. 3 nj witness thought it was d e n,ot.
OF the alleged outrage; Huonicutt slen, :"
the middle of The bed; win. SIS 81, n. ~
the Outside; the other couldn't have o..
mp without disturbing hin; witness h's
charge of Mr.. Williams house: d;ons
wake up during the night that Hunn;on,.
slept with him; is not related to 49,
ant; have known him about years
Josiah Hollis testified to having slar, =.
Mr.. Williams bo7se the last Satnrao.
night in March; Lewis Hunnicutt Jsmass
Williamson ana witness slept together that
night; defendant came in between 9 ana
10 that night: witness slept behind, Hun
nicutt in the middle and Williamson =
front; witness went TO sleep abopt IA
O'Clock aud woke before sunrise; The 9th
ers were in the them then hal
never been to the house where the negroes
live; is not related to defendants: had
known Hunnicutt about years; is on pond
terms with him; had not spoken abopt
this matter to anyone.
There is other testimony in this casa
but we regret that we are unable to pub
lish it here, but it will certainly appeo,
on Tuesday morning.
In Court yesterday morning, it was an
nouuced that one of the iurymen in the
case had been suddenly taken ill and rois.
trial was announced. Col. A. A. McKov
one of the counsel for abe defence, then
arose and said that he should move for re-
moval ofthe case to Brunswick county, mas.
much as the defence had received inform,.
ton sufficient to justify them in believing
that the Sheriff had packed the jury. His
Honor then instructed him to make an sf.
idavit to the fact and submit it TO the
|
lowing is the Aft lavit:
STATE OF north CAROLINA,
| NEW HANOVER COUNTY.
In THE SUPERIOR CoURr
JUNE TERM, 1871.
State
| Us.
Hardy Royal and others.
The defendants in this cause make oath
that they are informed, and verify believe.
thai they cannot get fair trial in the
county of New Hanover in this cau-e, for
tho reason that the Sheriff and other ltia.
entail citizens of this county have been &C.
lively engaged in influencing the public
mind against these defendants and resort.
ing to unfair practices to secure their con.
| viction.
2d That in this cause, removed from
Sampson county, the officers of this Court,
charged with the sump0oning of tales iu-
rors, have knowingly summoned men, as
these atlantis are informed and believe,
whose prejudices would prevent these de-
PENDANTS from obtaining fair and impair
tial trial.
8. That this cause was removed from
the county of Sampson upon the allega-
ion, In substance, that there existed in
said countyan organization denominate as,
its presence and number in said county,
the State could not get fair trial in this
cause, and these officials are informed and
believe that there exists in the county of
New Hanover political organization, pow
ertul in Influence, property and numbers,
and EN- bracing the officers of this Court,
entrusted with summoning tales jurors,
which said organization insists and con
tends that there does exist in this State an
organization styled the Ku-Klux KAN
And these atlantis are Informed
ing in this county above referred to
is SO inimical and hostile to the said Kn-
Klux-Klan, which said organization
charges does exist; that these aft ants verify
believe that it is not possible for any de-
fehdant who is charged with b ing men,
Der OF said Khan, or suspected thereof, to
get fair and impartial trial in New Han
over county, and they do not believe that
they can obtain fair trial in the county
of New Hanover.
(Tnis sfidavit was sworn to by Hardy
Royal, RaIfOrd Royal and Hanson Hunnl-
Quit. A similar affidavit was sworn to by
the defendants in three other caees)
Mr.. London. for the State, re.isted the
motion for removal, and was replied to by
Col. McKoy.
His Honor decided the affidavit sufficient
and ordered it to be removed to Bruins
wick County.
Major D. J. Devane, of Counsel for de,
fence, moved to reduced the amount Of
the bonds OF defendants, and supported
his motion by an argument of much force
as did Col. McKoy. The Solicitor began to
make some remarks upon the pending mo
ton, which seemed to favor the reduction,
in some degree, the amount OF the bonds,
when the Judge. with too much feeling in
his manner, desired to know if the Solicitor
undertook to become responsible for the
appearance of the defendants at Bruins
wick court, and he undertook to say that
If the bond was reduced for the purpose
Of allowing the prisoners to give it that
they would not appear at that, or any other,
term of the court.
His Honor then, with considerable e1-
,itement and petulance, made long o..
uhich II saoms To 1Is waa T1nha.