Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-02-17

Kirk came there At that time there were
Federal troops there. The Conrt sat most
of the first week of the term, think, IN
til Friday. I am not certain about the
time it adjourned. 1t adjourned the first
week, but am not certain as to the day.
I think the Judge got there on Monday.
There was one term he did not get there
on Monday, but don't recollect what
term that was. As to the day upon which
the Judge arrived at the fall term 1870. l
am unable to speak. don't think he ever
missed getting there on Monday but Oncs,
but what time it was l do not recollect.-
At this (falD term think the court con-
tinued for four days. There was night
large civil docket at that time. though do
not think the State docket was large one.
I think the business of the court at that
fall term was all called over, and the
cases that were ready were tried
some were not ready. / do not think the
State docket was very large. L reslde
about four miles from the court house. /
was often IN Graham. the county seat. L
was there as mucn as twice week-some
times every day. I don't know exactly
where [ was the week Outlaw was hung. [
suppose was in Graham a part of the
time. I did not see his dead body.
recollect the day which he was hang-it
was Sunday, the morning after he was
hung. The night was at home. He was
hung Saturday night. A messenger was
! sent to my house the next (Sunday) morn
ing, who gave me my first Information
about the matte. / did not go up--my
brother. Albert Murray, went. He is prin-
cipal sheriff. L did not go to Graham, L
think, for two or three days after. | do
net remember exactly the first day was
| there after Outlaw was hung. I was there
the week before he was hung; / think n
Thursday, though am not positive. Don't
think was there during the week after.
@. [ ask you were you not there on
Saturday A. / think not. 9. Have
you distinct recollection about that :? A.
No sir; the only thing l speak from is, the
Sheriff had made appointments to bs in
Graham on Thursdays and Saturdays -
Sometimes went, and sometimes he went.
We both lived at the same place. l think
I went on Thursday as we'll as l remember,
and rather think he went Oh Saturday
am not positive of that. but am pretty
positive did not go. Q. Give me the
reason which makes you rather think now
that you went on Thursday instead of
Saturday? A. 1 generally did thu bust
ness through the week. the Sheriff went
towards the latter part of the week and
| looked oyer what was done. q. Then
you don't recollect whether you were
there on Saturday or Thursday, only
the principal Sheriff looked over matters
the latter part of the week to see what
was done A. He generally went once a
week.
@. What position. if any, did Outlaw
hold then? A. He was elected one of the
Commissioners of the town, I don't know
whether he hold the position at the time
of his death or not. At the time of his
death I believe he was q Commissioner of
the town, though I am not positive about
it. The Commissioners of Graham are
elected on the first Monday in January
| He was murdered about the latter part OF
| February, if / am not mistaken. His
term of Office had only commenced about
one or two months before his death.
O. I ask you whether you know the fact
that there was great indignation felt
against him because he accepted an Office.
| among the citizens of the town generally?
A. do not know. Q. You heard moth
| ing said about it? A. did not. Q. What
was his color? A. He was black man.
Q. ask you if. before his murder, you
had heard anything said about chastising
him and driving him off or numbering
human being? A. No Sir.
Mr.. Graham: don't think the question
competent one, but the answer has been
made
O. Do you know of any secret organiza
| tions in the county of AlamAnce, known
there as the "Ku Klux Klan," the "White
Brotherhood" the Unconstitutional Union
Guard" or the Invisible Empire ?"
Mr.. Graham: We object to the ques-
ton.
Chief Justice The Court will hear the
objection.
Mr. Graham then proceeded to argue.
that the question involved in this enquiry
was whether there was an insurrection il
the county of Alamance and before any
evidence is admitted upon the subject, II
is necessary to show some overt act of re-
sistance to the government. 1nsurrectiol
is one form of treason, and before any
plots of q reasonable character can be
shown it i necessary. first, to show q levy
ing of war-some reasonable act +; in othe1
words, before there can be any evidence
advanced in regard to the existence of {
reasonable conspiracy, there must be
proven some overt act of resistance to The
, government, which is levying war. ane
any combination of any sort, not for the
purpose of resistance to law, is not treas
, on-is not insurrection.
TIE argument of Mr.. Graham was long
one, and replete with logical conclusion
and authorities to sustain him.
Pending Mr.. Graham's remarks, th'
Chief Justice stated to the counsel that th'
half hour prescribed by the rules was con-
cluded."
Senator Warren MIR. Chief Justice,
think that the discussion cannot be con
fined within the time allotted by the rule
and as this is one of the most importan
! questions that will arise in the progress o
this trial, move that the time for discus
sion be extended indefinitely. For m.
part, desire to hear a full discussion o
the subject.
The question was put and prevailed.
MIR. Graham resumed, and occupied thu
floor for some time.
Mr.. Boyden followed in an argument o
length, and was replied to by Judge Mer
rimon, who spoke until the time for ad
iournment.
OF course We cannot give the speeche
of the counsel on either side, PARTICULAR.
, ON this poit, it being, as was remarked
.. the most important one of the trial-th
point upon which the whole matter vii
turn. To attempt a synopsis would be t.
murder the arguments. The public mus
depend, for the arguments, upon the Off
cial report of the proceedings, which vii