Wilmington journal., 1873-07-11


and one Deaver, U. s. Marshal, arrived
in Morganton on Friday and com
menced a vigorous s'nosing" into the
papers of the county officers, &C. AZ.
ter exhausting the county officials the
inquisition turned its attention to
railroad officials.
Maj. Smith, with several other gen.
tlemen, was sitting in front of his
Office, which has recently been moved
from Statesville to this place, when
Eastman and Deaver approached
They spoke to no one but entered the
office where the treasurer,G. p. Erwin,
was writing, and demanded to see his
courteous manner. Capt. Erwin called
to Maj. Smith at the door and asked if
he should allow them to see his papers.
The Major hesitated moment but
finally consented, remarking that he
supposed it made no difference. When
he hesitated Deaver asked in a rather,
as we thought, insulting tone, "Do
you refuse, sir % After they had been
examining the papers in the safe for a
few minutes, Mai Smith remarked
that he did not like this thing as he
was receiver and was himself an officer
they were. So re-entering the Office
he demanded to see the commissions
of the officers, which they failed to
left in Asheville. He then ordered
Capt. Erwin to lock up the safe and
told the alleged officers in very per.
emptory manner, to "get out" They
walked out with thunder clouds on
-
81 shall arrest you y
THE CHARGE ON THE RECEIVER.
Pretty soon after Marshal Deaver
made his walking down
the middle of the street with a ten
inch columbiad swung to his waist.
After accommodating the Majors posi-
ton, and observing the forces around
him, which consisted of Capt. Erwin,
Treasurer, w. G. Erwin, Agent of w.
N. G. R. r., and J. G.. Bynum, Esq.
he approached the crowd around Da-
Wis store and summoned all present
Zone of whom was the Associate Editor
of tie Piedmont Press,) to aid in the
arrest of the rebel Smith. The forces
under Marshal Deaver then commenced
a forward movement. Col. J. w.
McElrath led the advance guard, sup
ported by Ben. Davis. The artillery
i'll the centre was supported by de-
tachment under Capt. D. G. Pearson,
while the Associate Editor of the Press
brought up the rear The troops were
eager for the fray except the rear
guard which rather chung back" The
distance being about thirty yards the
enemy's position was soon reached.
The order for the charge was given.
With three cheers a rush was made
for the railroad office door and the
Major was "ours." Thus ended the
first battle in the Federal official war.
The Federal troops ''fought nobly''
with the exception of the rear yual'd
which did not much like the flag, but
will take the two dollars nevertheless.
ct is pleasant to know you have
been in the U. S. service, and if you
die first your widow will be pension
ed.)
THE TRIAL.
Deaver served on the Major two
warrants from Eastman, one for resist
ing the U. S. authority, another fol
assault and battery on U, S. officials.
marched off to the Mountain Hotel
way up at the other end of town-to
appear before his honor, Commissioner
Eastman. Deaver, on the way, made
two or three rather sneering allusions
to the Majors being a member of Con
gress. J. G. Bynum, Esq, appeared
for the defendant. Defendants coun.
sci urged that the officers failure to pro-
duce their commissions justified the
| Majors resistance to their authority
also that the Major was himself an
officer of the court, and was under
bond of 800, 900 for the safe keeping
of r. r. papers, money, &c, hence
should allow no one to examine OF
handle them unless he had an order
from Judge Dick. The Commissioner
overruled all objection and the Major
was required to give two bonds of one
thousand dollars each for his appear
ance at the next term of the Fedora
Court at Statesville. Major ]. w
Wilson and G.. P. Erwin became hi
securities.
The commissioner stated in th,
course of the trial that he had a righ
to enter any mans house and look a
his private papers, and if the party re
fused he could break open his hous
and safe.
| Land of the brave, and home of the free
| What A vast amount OF humhug about thee.
Hickory Press.