The New York herald., 1871-02-07
RALEToH, N. c., Feb. 1, 1871

RALEToH, N. c., Feb. 1, 1871.
The Court of Impeachment met at twelve NJ, and
the proceedings were opened with the usual pro-
elamations of 30 yez O yez o yez All persons
are commanded TO keep silence on pain Of imprl-
sonment while the Senate is sitting court on
articles Of impeachment against W. w. Holden, Gov
ernor OF North Carolina.n This was pronounced by
Ar. J. J. Robertson, dooskeeper, with a full and
clear intonatlon Of voice, that Immediately com.
manded the attention OF the lobbIes and galleries.
The attendance thin in the front gallery usually
occupied ladies, but the side Qalleries-that par
ticularly the left--wcre thronged with an eager
crowd Of spectators. On the left the dark element
prevatled-tlat gallery was literally packed and
the lobbies underneath were filed with witnesses,
spectators, &c. The proceedings opened bya
CHALLENGE
the part of the defence against Senator Edwards,
Of Granville, who had been admitted since the
organization OF the court. They contended that
the Senator not having been present In the begin
ming had now right to participate In the proceed
ings the court, quoting the constitution or North
Carolina their authority. They denied there
any precedent In the case, and claimed the Senator
had no right to vote as a member OF the Court Of
Impeachment. Governor Graham, for the prosecu-
tlon, answered, and proved concusively that, as q
member OF the Senate, Mr.. Edwards was not only
entitled, but 1t became his duty as Senator to par
ttcipate In the proceedings OF the court. 1t was
duty ne owed to his constituents, and one he could
not conveniently shirk The Senate const-
tuted the Court Of impeachment, whether any
member was absent or present, on any
particular day, and the light Of challenge
was inadmisslble The defence then reverted to
their former argument, quoting manager Ben But
ler-an authority by no means popular or reliable In
this court. The difficulty In the matter consisted
Principally In the fact tha5 Senator Edwards is a
conservative senator who successfully contested the
seat OF radical. The latter was unseated and Ed
wards was admltted making the conservative side
Of the House two over the required two-thrds ma.
jority to convict. Judge Merrmon, for the prose-
0utlon, made quite a lengthy and able argument,
quoting English and American authorities to show
that the right Of challenge against a Senator as a
member OF the Court OF Impeachment was not ad-
mlsshle. The Chief Justice, at the close OF the
guments, decided that the objection OF The defence
not we'll taken, and that the Senator clearly
entitled to act member OF the Court Of Impeach
ment; whereupon Mr.. towards called 10 the
clerks desk and sworn. The Governors
RESPONSE
10 the eighth article Of impeachment was then pre-
sented by the counsel for tile defence. IL quite
brief and consisted In general denial OF the allie
cations Contained III that article particularly that
recently made in changing the name of "Neathery''
for "Bcrry,n which was termed the new allegation.
On mo ION OF the managers the Court OF impeach-
ment tien TOOK recess IN order 10 obtain from the
House of Representatives
REPLICATION,
which was agreed to. AT The expiration Of that
time the managers reappeared and MED their repl
cation, which was In substance reaverment OF
their iormer one, which stated that Notwithstanding
the Governors respose he was guilty Of high crimes
and misdemeanors The
ISSUE BEING NOW JOINED
the Senators were resworn, and the court WAS at
before them. The witnesses for the prosecution are
all ready, and Tomorrow after the opening speech
by Mr.. sparrow, chairman OF the managers, the ex-
animation VIII commence. At two p. M. the Court
THE WITNESSES.
The hotels and boarding houses or the city are
nlled with witnesses, Doth lor prosecution and de-
fence At the YarDorouEn House quartered
nearly all the leading citizens Uaswell county who
were arrested and imprisoned by the bandit Kirk.
Among Them notice MI. samuel T. Hill, Judge
Carr Dr. YaDcy, Messrs. Griith, Wiley, jones' Bowe
and Others Most OF Kirk and Bergens victims are
here and order that the public might have lore
taste through the columns of the HERALD Of The ev
dence on Holdens impeachment trial interviewed,
or rather held preliminary examination OF seve-
r. A. WILEY Ex-sHERIFF
OF Caswell county, who states that he was working
alone his toDacco 1ed, IN July last when he was
approached by six armed men, hablted IN the uni
form OF United States soldiers. They evelled their
muskets at him and demanded his Immediate sur
render. He asked permission TO go to his house and
with tobacco smut. The officer OF the party tBer-
gem said
Wiley begged to be allowed 10 see his family,
promising Ialtnluily to accompany them.
mo, you're Id scoundrel, and you must come
along now.0 ThereupoD Wiley prepared 10 resist,
ana styuck al the men right and lett with his sts
knocking three down. but with the ald OF 1encc-
rails he was soen overpowered. They then placed
him ON a bareDackea ho Sc, tying hls leet under.
meath the body OF the ANIMAL and IN that position
OF torture whipped MIN with sticks the entire DIS
tance OF ten miles to lanceyvte. Whey Is one OF
the leading citizens Of the coumy, Is q powerfully
built and high .irlted gentleman, but sroans were
forced nom him by the terrible punishment OF that
day. Wien they reached Yanceyvllle the entire
side OF his legs was wet and his skin bstered, for
the weather was quite hot in July. He sank with
exhaustion on the doorstep OF the court house at
YanceyWiie, but Bergen coming up at the time
said-"Get up, you ID scoundrei. Low dare you
sit down III my prcsenCer'
He was kept IN almost constant solitary conlne
ment, but frequently they would send six armed
with their bayoneis at the charge on MN, and he
was daily threatened with death by either Kirk or
Bergen.
LUcIAN II. MURRAY,
Of ALL s perhaps the most unfortunate OF the victims
OF the gend Bergen, Tor beyond doubt Bergen Is q
combination OF everything vicious, degraded ana
c0nemptlble Kirk was tmid sort OF desperate,
who was always in an agony OIL terror when engaged
In what he well knew TO De an unlawful proceeding.
Bergen was an arrant coward, but tyrant. who
gloated over the tortures or his victims, and the
more intense the latter the more fierce his JOY Mur
ray Is young man. Of respectable family, residing
In Alamance county. He was arrested among nearly
one hundred others in the same county by Bergen
His statement rs follows:l Was living In tent at
the camp as prisoner one night ABOUT eleven
O'Clock, when Bergen came to the door with light
anu Salu, murray Is tldt youF' L halu lies, us
me-" He then went away and remained absent
about five minutes, when he returned without any
hight and selzing me by the feet he said, Murray
get up and come out here" asked,
'Can put on my shoess"
! '.No you won't want shoes longs he replied.
] then went out and Bergen conducted me to his
tent, upon entering which saw three men standing
with pistols In their hands. Defgen sat down on his
bed and threw his pistol beside MIN.
Now, Murray tell all you know about the hanging
OF Wyatt outlaw, said Bergen.
al know nothing about it, replied.
'Youre id ar and II you don't confess
IN blow your heart out.n Bergen as he SAID this
got up anu cooked his pistol when the other three
hlen also cooked their pistols.
I'm give you another chance Did you not see
Dolph Moore hang outlaw ~ said Bergen.
NO. did not, and l know nothing about it,n
again replied. Bergen then leyeled his pistol ut my
feast, and the other three followed his example.
He again asked me the same question, and an
ctNa arnln nar,r Ila hon NJ