Wilmington journal., 1874-07-31
IS CANEsTsS JUDGE A PARTISAN!
ANOTHER GROSS CASE.

Never was pretence more unfounded
than the one that Mr.. Russell has been
an impartial Judge. We have seen
him in his notorious Opera House
o6atey dictasne, violate every principle
of judicial propriety, by making gra-
tuitous public proclamation to the
negroes, that they had right under
the law to go to all public places
equally with white men. We have
seen also that in the county OF New
Hanover he suspended judgment upon
a negro convicted of stealing MAJOR
McCIammy's oats. We have seen also
that i'll the county OF BRUNSWICK he
suspended Judgment on a Radical con-
victed of breaking with crowbar into
the house of poor old widow woman
and taking and holding forcible pos
session thereof. We have seen that
he openly sought to bring the law
making power of the State into con-
tempt and disrepute by declaring from
the bench that its solemn act was
worthy of no moro respect than res
olution adopted by set of crossroads
politicians. We have seen that he
! hesitated not to insult ID the groSSeSt
manner, q venerable old gentleman,
re4pccted and esteemed alike for lbs
Intelligence, his integrity and forty five
wears honorable official service We
have seen that he had n faithful officer
arrested in Ouslow county ard drag
| oad 10 Raleigh before Federal officials
for 40 other cause than the honest
| discharge of that officers duty IN col
lac!ing delinquent taxes. We have
| seen that he slandered and hDeilHd the
people of Sampson and other connt!es
| hv charging them with wholesale per
inry in the iurv room and on the wit
| ness stand Bnt bad as are all these
things. they are not The worst
The two cases, The facts of which we
present this morning, occurred III Di''-
den county, and show beyond the pos
siBility Of doubt that Judge Russell
is to the full as bitter a paltizan on the
bench as he is elsewhere.
In the first case the facts are about
as follows A party Of young whlte
men and Conservatives, Everett Coun-
ell Robert Hobbs, Monroe Bnie, Al
bert Euio aul J. i. Council, by name,
we're indicted for an assault and bat
tcry on John A. Edwards. Edwards
received blow on the shoulder and
arm from n pair Of hamcs in the hands
of one Of the defendants, but was
scarcely detained from his business a
,!av. and was in the Court House per
fcctly we'll when the case was taken
ND nj the last term of Bladen Court.
From some cause, the defendants asked
and obtained q continuance of the
case, and thcreupon question arose
rs to the amount of their bail bond.
Mr. Sutton. the present Radical can
. didate for Solicitor, was employed to
assist in the prosecution. The prose
cutor, the man who had been struck
in the fight, was then and there pres
ent in court and, rs was apparent from
his appearance, and IS was well known,
had fully and entirely recovered from
any Ill effects from injuries inflicted
nron him in the fight. In spite OF al
this, however, Judge Russell required
each ono Of tho young men to give s
: justified bond FOR his appearance al
J the next term Of tic court in the sun
of two thousand dollars, refusing tt
allow Mr.. CantwclI, the Solicitor, tc
{ interfere in the matter, and allowing
, NJ. Sutton 20 manage the case, giving
rs reason therefor, that "the rule" was
to permit the counsel employed to as
= sist the State to manage such matters.
Two thousand dollars each wa!
? deemed proper bail for q party O
2 ! young men charged with assault anc
! battery Oh man who was then an,
. there present IN court, perfectly
sound and healthy, end entirely re
} covered from his injuries. The de-
fcndants in this case Were white mel
, and Conservatives.
The facts Of the other case whicl
= also occurred ct the last term o
: Bia1cn Court are about as follows:
! Il negro named SuttOn, had killed
- l,,J
band Of the dead woman had employ
Ell 1Iessrs. Lyon and Lyon to assist il
D.? the prosecution and the Solicitor was
dulyssinformed Of that fact. \ bill 0
:. Indictment for murder against Sutton
- Lad been seiit to the Grand Jury, ani
q true bill was speedily found and re
{ turned to the coult. The defendant
J counsel proposed TO try AT that term o
e the court. TO this Mes8rs. Lyon &
!, Lyon asscDttd, but heard notlin;
more Of the case until late III the week
, when the negro'5 counsel offered
: bond IN the sum Of five hundred dol
5 lars for LIS appearance at the mex
:, term uf the court Messrs LYON !
Lyon al once expressed their ,,stonisli
Incnt and Informed the Judge Of thei
connection with the case, and express
Cd !, very decided opinion that the evi
,ienco showed the case 10 be once of col,
b!oodcd, d:ahoiical murder. judge
Russell replied that the Solicitor la,
informed him lac would iDrt the prison
cr on trial for manslaughter only, an,
had consented to take 5000 bail. Aicssrs
iiyOa 6 Lyon repeated their statement
that they had examined the tcstimOn,
and that it showed thc case to he oneo
viilili, diuboiic;,i murder, and insisics
i hat the Court ought - hear the cvi
dcncC and then decide thomatter. Jud9,
iiuSstli refused 10 hear the cvidrnc'
and replied that lie e"G3I't ,tDt inter
FIRE 2"jUt tie .>r'icifDr'& di&c5Ntinn
The result Of ii all was that the negro
was bound over 10 appear ut tiie nex
term of tho Court, in the SIM Of :iv.
hundred dollars.
NOW there are several points Of dif
ference III the ruling and III the jact'
of these two eases. In G1a case ths
defendant was a negro and in tht
other the defendants were white
aGd Gnte youn" men.
Tie negro was indicted fOl
murder and there WAS no doubt nhOn
Tire killing. The white men were in
dicted for aSslnit and battery, anl
there YVES no doubt about the recover,
Of the party assaulted, from any in
inry that might have been inflicted
upon him. Ia each case counsel wa:
employed to assist the Solicitor. il
the case OF the white men the Isadica
assisting counsel was permitted tC
manage the case in fixing the a1norn
Of bail. on the ground that il was 'tht
rule" to do so when assisting cnnnse
WAS employed. In the case of The
negro, the Conservative assisting cOnr
sci were not permitted to manage thc
case IN fixing the amount OF bail, il
spite OF ''tho rule" so to do when there
was assisting counsel employed, q!
laid down by Judge Russell. In the
case Of the negro, in the face Of th'
repeated assurance that the evidence
showed it to be q caGe of cold blood
ed. diabolical murder, Judge Russell
refused to hear the testimony, arc
bonnd him over to appear at the mex
term Of the Court il the sum of five
hundred dollars. In the case of the
white boys, charged with assault ant