The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1873-11-05

going into details. The inchienis were
dramatic, exciting, and amusing, hut it
would take more space than we can spare
to gointo particulars
Mr. Gatlin moved to dismiss the case.
and discharge the defendant and made af-
filavit to the effect, ttat the supposed
assault and battery, II ans, upon the said
Josiah Tarnerjr ny The defendant was
committed NJ tile time place and man
ner herein after set forth"
Tint the afiiant is Informed, &c that
the said josiah Turner u. Was arrested
and seized ~ aaie John ifunnirutt, a
Lieut.. Ia tie Nostn Carolina troops &c.'
That Il Is charged BY the state, that the
defendant, Al Commando III Chief &c.
did mnsel, eomsnand prucare &c such ar
ret, &c, and W virtue Dfsacb ceuimand
procurement, sc, the defendant ~ guilty
of raid assault 4 battery upon AZ.
whcrenpen, ll,e aisiani moves that The
Indictment lp discharged. be'n,lse Tie Of
fence charged. iscnmniiIisi cuiacs withs
in the provisions oftlae tact for Amnesty
and Pardons ratified on the Ord day Of
March 1878.
The Judge asked the State, fit contro-
yerted the allegations Of the AFFIDAVIT.
Mr.. Turner replied he did most emp,ati-
tally, The Judge replied that he must
fle an affidavit containing denial. Mr..
Turner then asked continuance of the
case until The next morning in order that
he might iile affidavit. 10 this the Judge
replied that sufficient time had already
been given, and that the affidavit must
he made At once. Hewonll allowScason-
able time. but II could be made In ten
minutes. The counsel for the defendant
agreed n withdsnw with Mr.. Turner to
expedite the drawlngo the affidavit, but
the Judge refused Mr.. Turner's request
that the solicitor be permitted 10 Withdraw
with him.
The Judge said there was only one ma
terial fact requiring to he controverted /;
that was. = il tIae assault referred 10 In az.
fidavit. the assault set forth IL the indici-
mcnt, and for which the defendant Is pro-
secuted?f
After n'peated orders 10 f;e affidavit,
and sonny scene beiws en- the court and
Mr. Turner during which Mr.. Turnerdi :
claimed All intention % rudeness to the
Court, and which drew from the Judge
the expression. yes sir you have been un-
beaialily rudc..) Mr.. Turner was at length
sworn, aud answered as 10 the Identity ~
the offence.
Mr. Turner then asked permission 20
address the Court. The Judge ruled that
he could speak. but TINT he must conIine
himself strictly to discussion Of the Stat
ute 81 March Ord. as that was tie only
matter strictly before the Court. Mr. Tur-
ner proceeded to explain how Il was that
be came 70 occupy the position Of prosecu-
tor In hlsown case--a delicate one. but
unavoidable bus he was interrupted by
Mr.. 6aiIin, and BY the Judge, because he
departed from the subject. and at length
took his srai. aud urged The solicitor Mr..
BulIa TO his feet. The latter however had
little TO say, whercupon the Judge direct
ed The case to be dismissed and lhenefsnd-
ant discharged.
NJ. Turner then move an appeal which
al the time the Judge denied. but as said
elsewhere, afterwards allowed
THURSDAY MORNING.
The case " Josiah Turner Jr. W. Sam
Carrow was called.
Hon. A. s. Nerrimon counsel for the de.
PENDANT made motion TO file petition
10 remove Tie ease Ia The y. :. Court Tor
the Eastern District. The Defendant was
4. s MnrsllaIi az the Time be performed
the acts complained ofthem. aud perform
esI them under color ofand BY authority
Of ais office.
The PlaintITwas the editor ola news
parer aud through Il, aud ~ other ways
pfejudiced The mind against the defend
ant both as m officer aud an individual.
And Nv reason ~ the facts set forth the
defendant believes that he cannot have
the fun and equal benefit Of the laws Ia
the courts Of the state.
The petition was granted, and the case
was transferred to the L. $. court for the
Western District.
state against Tom Evans for assault on
Gastm Workman was taken NJ. The on.
Is witness. examined was---workman
who testified to facts already knows 20
the public. Ike II. strayhorn Esq. coun-
sci for the defendant, made no defence,
bat appealed 10 the clemency ofthc court.
The case was not submitted TO the Jury.
The prisoner was sentenced % one year
imprisonment In the county jail.
Blackwell ~. Wright was called. Mr..
Jones Tor defendant. stated that the real
plaintiffs In the case were w. T. Blackwell
Julian s. Carr, and Day. They were oil
residents ofthIs State, aud of0fange coun-
~, and had large aud extensive acquaint-
ance, and large influence which they
could and did use against the defendant.
The defendant was cilizeno Of Virginia.
He believed he could not get Justice IN
Al