Wilmington journal., 1874-07-24
READ EVERYBODY.
SknEsesFF' sCis isRtas,S aRssESC-
5u Dt. i: isUSsEIL'S THREAT
ENiN<. LETTER PRINTED IN
EsJ1E..

5U i: isUSsELL'S TEzXEAS
EstsI..
We rapnlplish this morning, by re
quest, Sheriff Murrill's letter givin,
tho details of his pl osecntion and ar
rest at the instigation of Judge Russell
together with the judges letter to Mr.
Murrill. 1t is only necessary to sa,
further that we publish these letter
by authority from Mr.. Murrill, ant
that whatever Sheriff Murrill state
may be implicitly relied on as being
true.-ED.. JOURNAL.
CATHARINE LAKE, n. c.
June %, 1874.
| Yours of the 10Th inst. was received
to-day, but was too busy to answer by
to days mail. The circumstance,
which led to the prosecution instituted
by Judge Russell against me are these
Iu the Fall of 1869, collected some
money for Judge Russell under an ex
ecution returnable to Spring term 1876
of our Court, which caused me to in-
dulge his taxes for the year 1869 until
Court, which came in March, 1870,
thinking when he called for it that be
would allow me to deduct the amount
of his taxes, which was very near the
amount in my hands. But when Court
came his counsel, Mr.. Hubbard, said
that Judge Russell had written to him
to get the money and send it to him.
at first refused to pay it to him TN
less he would take a receipt for the
amount of Russell's taxes, which he
said he was not instructed to do, and
that he would amerce me if I didn't
pay it over. Well, ! paid it,and wrote
TO Russell what Hubbard had done,
through his instructions, and that if l
didn't yet his taxes by certain day. /
should sell his property. When the
day came / went to his plantation and
found him there, very indignant at
finding his property advertised for his
taxes, but lie paid me and we parted
sccmingly friendly.
Th" next year he let his taxes lie
until. / think, March. when l wrote
hiln again that [ had advertised sale
of property for taxes on a certain day,
and his was included among others.
He wrote me a very abrupt letter, in
which he reminded me that [ was
holding my office in violation of the
14th Amendment to the Constitution of
the United States, and was thereby
subject to a criminal prosecution in the
Federal Courts, and stating that ordi-
nariIy that would be none of his busi-
ness, but if continued to annoy him
about his taxes he would make it his
business, &c. L wrote him that had
only treated him as 1 had others whose
taxes were passed due six months, and
as for his threat of prosecution ia the
Federal Courts he could try that when
ever he got ready, but if his taxes
were not paid by the day had writ
ten him before, that I should be sure
to sell his property. On the day men-
toned [ went to his plantation, and
lie had sent me a check payable at
Newborn. In June following there
came Deputy United States Marshal
to my house with warrant of arrest
to carry me before United States
Commissioner at Raleigh. Q can't
think of his name now, but he was &
Yankee from New England), for hold
ing Office i'll violation of the constitu-
ton, &c. AS it happened the deputy
was a young man who was raised Ill
the county, and in five miles of me,
and took my word that [ would meet
him at Kinston in time to be i'll Raj
eiSh at the time specified i'll the war
rant. [ met him at kinston and he
took me to Raleigh. When we got
there the Yankee Commissioner was
nos in the city, and they took me be-
fore another, who was n North Caro-
lima man, who happened to be there.
All they conld prove against me was
that ! was Coroner before the war,
and engaged in rebellion against the
United States by accepting the Office
of Sheriff during the war.
The Commissioner held that accord
ing to Judge Bonds charge to the jury
in the Powell case from Sampson.
which was tried the day before, that
holding the Sheriff's office during the
war was not engaging in rebellion, and
dismissed the warrant at the cost of
the United st ltes.
I don't think there was any affidavit
attached to the warrant. There was
written across the back 'upon the
"not to be issued until just. before
court" was written across the back.
He had three witnesses from this colln
", VIZ. jasper LIilcTluSe, n. q. 1u
rilI and Frank Thompson.
Perhaps Mr.. W. A Wright can give
YOU the names of the Commissioners:
He was in Raleigh at the time and did
me valuable service.
K
With much respect, I remain as ever
your friend and obedient servant,
E. MURRILL.
The following is the letter from
Judge Russell to Mr.. Murrill referred
to in the above:
WILMINGTON, Jan. 7, 1870.
E. DHrTiN, Esq.,:
S1R:-I was in Philadelphia when
you were in Wilmington; received
your letter on my return. suppose
you have advertised my property again
as you did last year. have appealed
to the Legislature for relief from what,
as you very well know, is an unequal
and outrageous tax. Messrs. Scott
and Allen assure me that i! shall be
attended to. The bill l think, will
pass as soon as the Legislature meets.
T am willing to pay you about what !
think the tax Will be when corrected
ana WISH TO aSk your luouiSoACo VI
the balance till it is settled. I would
have paid you, had I been here, and if
you refuse me any accommodation
will have to pay the whole amount
now. I have this to say, however.
Your past conduct towards me has
evinced much of disposition to annoy
and Cypress. You advertised proper
ty last year without good cause and
without giving me warning, and that
too when you had had money OF mine
in your hands for weeks and when you
knew that I expected you to take my
taxes out of it. It is true Mr.. Hub
bard took it from you, but you knew
that he did it without my authority
and you might at least have informed
me before distraining. The request
which I now make is reasonable one
and one which you would not hesitate
to grant to any other property holder
in your county. say this much more
to you: You are, as have been some
time ago informed, holding your Office
in violation of the constitution and
laws of the United States and have
II L.