Wilmington journal., 1876-07-07


10 copies DAILY JOURNAL. ..sl5 c
In every case the paper will be sen
until the returns of the election shal
be received and published.
VALUABLE PRIZE FOR THE LARGEs,
NUMBER OF SUB CEIBERs.
To the person sonding us the larges
number of subscribers accompanied by
the cash we will give
A PRIZE
we'll worth contending for, it being
nothing less than tirst-ciass
wurE1uR AND WILSON SEWING MACHINE
sncb as the agents sell for NINETY DOL
LARS. 1t will be shipped prepaid i'm
medlately after the election.
The cash must be sent with the sub
scribers' names. The name OF the
person getting up the club must also
bestated.
The Clerk of the superior court Oh
New Hanover IndIct and Under
a Rulc-A Bench Warrant Issu IL
for His Arrest.
The proceedings of the Superior
Court of New Hanover were brought
to stand still yesterday for the alb
sence of the Clerk and his deputy.
Mr.. ". q. Gerken was acting as tenn
porary deputy, but the Court directed
him to search the minutes and ascer-
tain if there was a record of his ap-
pointment. Mr.. Gerken went down to
the Clerks Office to make the search,
but soon returned and reported that
be could find no such entry on the
minutes. Nothing was done with the
dockets until the regular deputy, Mr.
Bishop, came in and took his place at
the desk. Mr.. Bishop was suffering
from the effects of recent illness which
was his excuse for his absence from
Court, and was compelled to make use
Of eli amanuensls.
The difficulty in which the court
found itself can be best understood by
tracing it from the beginning down to
the appearance of MIR. Bishop in court
yesterday.
At the April term there was bill of
Indictment found against the Clerk of
the Court. James Heaton, for the Of
Tense of ertortiOa. On last Monday,
the second week of this term, the Soil
citor reported to the Court that the
bill could not be produced-that he
had made application for it, but was
unable to get hold of it or to find it |
entered upon the docket.
Thereupon a rule was granted by |
the Court requiring the Clerk. James
Heaton, and his deputy, Jasper Bishop,
to show cause why the said bill of in
dictment had not been kept on the
files of the Office, and why it had not
been produced when called for. Neither
the Clerk nor deputy was in court when
this rule was made, but Mr.. Gerken
was acting temporary clerk.
What became of this original rule,
m also the copy. is explained by the
sfidsvits of Sheriff Manning and Mr..
Gerken, which are to be found below.
The court being unable to get the
original rule, or copy of it, drew up
from memory, yesterday, the following
reproduction and added the clause
which is in brackets,
"It appearing to the satisfaction of
the court by the oath and examination
Of F. W. Foster that bill of indict-
msnt against James Heaton for extor>
ton Aas found by the. grand jury at
April term of the court, and that the
same was deposited in the office of the
Clerk of the Superior court, that the
same has been called for and reported
that it could net be found.
Therefore it is ordered that rnle
Court. James Heaton and his Deputy
Clnk, Jasper Bishop. commanding
them to show cause why such bill has
not been kept ON the files of the Office,
and why it has not been produced
ton of the same was put off until
ALLMAND a. MCKoY,
Judge of the 4th Judicial District OF
North Carolina"
This rule was served on Mr.. Bishop,
Who soon thereafter appeared in Court,
Sheu he was informed by His Honor
that he would be allowed time to con-.
suit counsel and file his answer there
TO- Having spoken to the Hon. O. ?.
Meares, the two retired for consulta- |
ton, after which Judge Meares came
into Court and asked until o'clock |
p. m. to prepare the answer. which !
vas granted.
Upon the reessembling of the Court
Judge Meares read the following
answer, and afterwards commented
upon it, reading some authorities to
show its sufficiency. He also COM
nsnted upon Mr.. Bishops generally
good character.
STATE OF North CAROLINA,
New HANOVER COUNTY.
SUPERIOR COURT.
In the matter of James Heaton and
Jasper Bishop.
The answer eff Jasper Bishop to the
rule herein made by said court:
This afiant, being duly sworn, says
10 aaswer to the rule herein served
upon him by the said court
L. That the affiant believes that a
LII OF indictment was found by the
grand jury of New Hanover county
Asa!nst james Heaton, the clerk of the |
sad court; that this affiant did swear
least one witness to 90 before the
grand jury in the case, but this affiant
aenles that sny bill in said case was
s!er returned to him or to the court. to |
Sis MS knowledge. and that if any
VII OF indictment was ever
,ssurned to this Court by the Fore
usn aa OF said grand jury, or by any |
Gsaef person acting for the said grand
.Ify against said James Heatou.
suAfgiDg him with extortion or with
y ether offence that this affiant did
.o W. see any such bill of Indictment |
suu does not know what disposition