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

thority yield to the United States judiciary.
'Slgned) A. T: AKERMAN.
Attorney General.
The President directs me to Communicates to
you the foregoing opinion of the Attorney Gen
VIM. W. DELKNAp,
~ Secretary OF War.
J. B. NKArHERY,
Private Secretary.
coyy of letter from the accused to
Judge Bond was read:
State OF NORTH CAROLINA,
kCecaiue Department,
Raleigh August 90. 1870
f11 8os II: L; Bond Judge Circuit Court Of the
SIR-Cspt. Wenner, the bearer hereof will Law
before you the paper in the ha6eds corpat. case
Q. Lieut. Goi: Burger, OF the I'd Regiment North
overstate the facts to the existence aud atrs-
cious character of the Ku KIux Khan in this
state, 1t was to disperse this Khan, SO that the
civil law could be enforced in certain localities
That the militia was called out. Col Burger
was employed in the militia, and ia now in prison
Tor offences alleged to have been committed by
shall not venture 10 intimate to Jour Homer
any opinion as to the law in this case, but
spare the time to come to Raleigh and try the
case here l would respectfully suggest that
your honor by being here could obtain clear
view of the state of feeling and the Surrounding
law in the case may be.
With great respect your obedient servant.
w. w. HOLDEN, Governor.
True copy:
j. b. EEATHERY,
Private Secretary.
Mr.. Merrimon We now offer in evi-
dence, q transcript of the records of the
proceedings in the Superior Court of Ire
dell county. This was the proceedings
before Judge Mitchell, at the instance of
Il. NJ. Allison. the several writs of injunc-
ton served upon D. A. Jenkins, Treasur-
or, and A. ID. jenkins. Clerk, to prevent
the payment of public moneys ont to the
militia. &c.
Aaron d. jenkins, " witness called on
behalf of the Managers, being duly sworn,
testified as follows
am teller in the Treasury Depart
ment. Went into the department. as as
sistant clerk. The office of teller was Gre
ated after that. Have been teller for at
least fifteen months. The papers [ now
have IN my hands are warrants of the Gov
ernor and Auditor OH the Treasurer. I got
them from the Treasury Department.
The clerk then read the warrants ::
These warrants, three in number, were
drawn by Gov. Holden upon A. d. Jen-
kins. Paymaster, for 500, 600
Thomas G.. Mclean, u witness called in
behalf OF the Managers being duly 81 orn,
testified as follows
L reside in Graham, Alamance county.
Am Register of Deeds. These papers [
have seen before. Found them in the
Court House in Graham. / found them in
a small room just back of the Judges seat
between the two jury rooms. There Is O.
jury room on each side of the House, and
this small room was between them [
found them on the morning after Colonel
Kirk left Graham---after he left there last.
KIRK had possessin of the Court House,
with a large number Of soldiers. do not
know the handwriting in these letters, but
[ think [ know the signature, having seen
the same signature frequently.
Question Whose signature is this An
swer: William ". Holden's. I have seen
his signature frequently. Never saw him
write.
Mr.. A. d. Jenkins recalled. know the
handwriting of Governor Holden. (After
examining the papers) I think this is the
handwriting of Governor Holden.
Mr.. Merrimon We ask to have these
letters read in evidence.
The Chief Justice They may be read.
The Clerk proceeded to read.
EXECUTIVE DEPARTMENT,
State Of North Carolina,
Raleigh, July 80. 1870.
Col. Il. " Kirk:
DEAR cir This will be handed you by Mr.. J.
B. Neathery, who has my full confidence.
An officer directly from Chief Justice Pearson
will accompany him to serve writ of ha6eas
corpus ms, on YOU You are instructed to receive
the Othcef with courtesy and endorse upon each
writ follows
YANCEYvILLE, July -. 1870.
Service accepted John Kerr, named within,
was arrested and is now detained in my custody
by order of my commander-in-ohef, w. W.
Holden, Governor OF North Carolina. Therefore
l cannot obey the writ.
With Difference,
G. W. KIRK
Col. I'd Reg't N. O. Troops.
EXECUTIVE DEPARTMENT,
State OF North Carolina,
Raleigh, July %. 1907
Col. G. W. KIRK:
DEAR SIR Il have just learned from citizens
of BuncOmbe that it il important to have d de-
tschment of troops in Asheville on the day of
the election. 1t 10 also important to have q de-
spare RenT or thry for each Of
places? If you can would urge that you send
them at once.
Col. Clarke has sent detschments to Hills
borough, Chapel Hill, and Carthage, Moore
county. The object of all these detachments is
to preserve order and to secure fair and free
election.
You will have made out and forwarded to
as clearly as possible list of all the persons
under arrest. with q statement OF the reasons
have thoughtsit best mainly account of
the pending ELECTION: to postpone the court mar
he'd at that time 1 viii notify you in time rs
to the necessary arrangements.
see and hear of nothing in your action that
flee of crime is tottering and will soon fall. /
expect to- morrow to receive important confess
sions from Mr.. Boyd, Mr.. Basin and other Ala
nance Ku.Klux.
Very respectfully,
W. w. HOLDEN, Gov.
and Commander. in Chief.
STATE OF NORTH CAROLINA,
Executive Department.
Raleigh, July II, 1870.
Col. g. w. Krk, Commander Post at Yam
ceyo1Ie:
DEAR s1R:-This will be anded you by Col.
Albright and Dol. Ray, in whom I have full con-
fdence.
learn that Mr.. Boyd proposes to make foil
confession, and then retire from public life and
all connection with the Ku-Klux. I leave the
matter in your hands, after q full conference
with Coils. Albright and Bay, and after Boyd
hall have done all thst may be required of him.
If his action is entirely satisfactory he may be
released on his parole. and il he plays false he
can be again arrested.
There are many more arrests to be made, but
the next list will be furnished to tie Judge Ad-
vocate. The court must assemble on Monday
the 25th July. Some of the Caswell criminals
are escaping. / want you to exercise o sound
discretion as to such arrests in Oaswell not on
the list you have, may be necessary.
The company in Dallas, CASTOR, will be under
your command, W. 8. Mckee, Captain He will