Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-11-01

Judge Bond.
We publish below some extracts from
speech delivered by Hon. THOMAS F.
BAYARD, of Delaw are, in the Senate of the
United States, May 81, 1872, in opposition
to the suspension of the writ of Habeas
Corpus, and in favor Of doing justice to the
South.
The Judge Bond referred to by Senator
Bayard is the same man who has been
presiding over the United States Circuit
Court in North and South Carolina for the
last fe " years.
This is the man whom, if Solicitor Can't
well and Judge Russell are to be listened
to, Democratic papersdAre not assail
1t needs only to read these extracts to
show how himsy is the pretext of certain
Radicals for seeking to paralyse and sup
press the JOURNAL.
Secure in the confidence, respect and es-
TEEN of the people, the JOURNAL scorns
the puny attempts of either carpet-baggers
or scallawags to control or restrain its ut
terances against rascality and corruption.
We feel complimented to know that the
blows of the JOURNAL have been so vigo-
rous and effective as to draw down upon it
so malignant a mark of hate as that shown
by the bill of indictment sent by Solicitor
Cantwell
Let me show the Senate what is to be
the condition of Carolina, and let them see
what martial law means. ] am sure If this
thing could be brought home to the hearts
of the Northern people it would teach them
to prize more highly this great witt of
liberty which this bill proposes to put in
the hands of the President to be suspended
at his pleasure. / read from the Charles
ton Daily Neaos of the 18th of April, 1872:
GA DIABOLICAL OUTRAGE.
"CHARLoTTE, April 16.-The latter part of
killed poor country man, by the name of Paris,
while fishing in boat in Broad river, in York
that they shot only to- terrify him. The squsd
was under the command OF Lieutenant Ben
nerS.
"TwO MEN KILLED IN YORK.
ga gentleman from York county, yesterday,
informed us that Friday last a squad Of
United States troops, engaged in arresting par
ties suspected of violation of the enforcement
act, shot and killed two brothers, named Craig,
whom they were endeavoring to catch. The
troops, our informant heard the story, were
in CHASE of the Craigs, and were close upon
them, when, reaching the Broad river, about
fifteen miles from YorkVille, the pursued party
plunged in, and were shot while swimming
across. One of tie brothers was shot and sank
instantly, and no more has been seen of him.
The other was fatally wounded through the
died on saturday. Let us have peace !'2Co-
EunlbiG Ph9ni1, Of yesterday.
Let us have peace ! This is but one
days doings. This is martial law. This
is murder. Have we any complaint of this
from the President of the United States
Has there been all arrest or trial of these
soldiers, or of the man who commanded
them, or the man who gave the orders
which could have led to such acts? No,
sir. Shooting to death by musketry is
sharp, severe, but it is mercy itself COM
pared to trial before an unjust judge. Of
all sad sights, Mr.. President, of all sights
to make men Sicken and despair, it is when
the man who sits in the high place of JUS
tice, among his fellow. men, shall turn trials
into mockeries and justice into vindictive
persecution. There is no more stir
ring or finer passage in our Ian
guage than that which sprang from the
lips of Paul when the high priest
Ananias babe the soldiers strike him on
the mouth for declaring that his conscience
had been free Of offense toward God. The
answer came, God shall smite thee, thou
whited wall for sittest thou to judge me
after the law, and commanded me to be
snitten contrary to the law 2" Sir, there
are men who have been tried before Judge
Bond in South Carolina who may we'll echo
the words of Paul to him.
have here the official report of the trial
of those cases last fall mean those that
were defended by Messrs. Reverdy John
son and Henry StanberTy. I have here
reports of subsequent cases; have letters
from lawyers in South Carolina; and do
declare that had as lief run my risk as an
innocent man before the bullets of Merrill's
cavalry as | would before Bonds judgments
in his own court. Why what has been the
result? 1t is fOreordained; the men are
foredoomed; trial means only conviction.
1t is an idle ceremony that might as well
be dispensed with.
But if such is the jury what shall we say
of the court What is the kind of law
with which these jurors are instructed after
they are 80 drawn and so packed The
custom, it seems, is to indict these men for
conspiracy, a conspiracy oftWo-sOmething
new, think, in the lava conspiracy of
two men and here is Judge Bonds ruling
on the subject iof conspiracy. We of the
| profession of the law know that conspiracy
is technical crime which the courts of
England have, especially of late years,
| done their best to limit their jurisdiction
| over, to hold parties making the charge still
more strictly and to prevent ramitication
of proof which such general charges neces-
| sarily permit. The leaning of the English
courts is to restrict the doctrine of consph
racy and confine it within as strict limits
as possible and not permit man to be
assailed by the word or by the act of an
other when he himself was not actually
! present.
But the lawyer to whom 1 have already
referred writes to me as follows:
"The report of the Ku-klux trials in the
United States Circuit Court, sitting at Charles
attributes to Judge Bond a ruling so monstrous
that it may serve to make good point.
"He ruled that 6eclgEatiOns' Of a, who is
IS also a member. are admissible in evidence
against B."
And well may it be asked who would be
safe, what Senator il this Chamber is to
be safe if, when you prove that scGundrel
in South Carolina is member Of some
rascally organization, whose business is
outrage and plumber, you can prove by his
statements that you, sir, Or any other
member of this body were also members?
Such proposition, l say, il frightful. No
man in the community could be safe. 1t
is one for which DO respectable authority
in a court of justice can be shown.
But, sir, that is not all. In the case re-
ported in the Charleston News, of the 18th
Of April, of the tiial of Leander Spencer
and William Smith, for conspiracy and
murder, they produced man named VIM.
White, and VIM. White testified, and here
is his evidence, that he himself shot and
killed; ip cold blood, black man who was
tied TO a tree. He came intp court the
principal in the murder, 'smurder most