Wilmington journal., 1876-07-07

Court, ION Monday, the Sd day
= july until the capias was served {
him this morning. And further. th
affiant disclaims any intent on his pa
| to violate or disobey any mandate {
= order of this Honorable Court, mao
in the3e proceedings or in any oths
cause, and furthermore denied an
} guilty knowiedge or intent in concea
} ing or destroying, or legiecting I
dock ct the bill of indictment aforesait
[Signed J. BISHOP
Sworn to and subscribed before 10
July 5th, 1876.
ALMAND A. MCKoY,
Judge 4th judicial Dstric5 of N. @.
His Honor then stated that he ha
no apology to offer to Mr.. Bishop fo
havi0g entered the rule aud directin,
his arrest. If there had been twent,
| deputies he would have had the ruI,
served on each of them so as to hav,
no excuse for the missing paper.
The case was the most outrageous
which he had ever known in court o.
| lu tice. The instances Of documents
and papers being missing from theil
proper places on the files of this Court
were becoming too frequent. Not long
since bill of Indictment against Jesse
j. Cassidey was missing.
MIR. Solicitor Norment was then
called upon to state if he had anything
to say as to- the rule against Mr..
Bishop. In reply he stated that he
knew nothing to connect Mr. Bishop
with the missing document. but upon
the contrary had always found him to
be an efficient officer, I'd attentive to
his official duties.
His Honor then read the following
entry which he had made on the re-
produced rule as given above:
"Upuu the answer of the defendant
Bishap fled herewith. It is ordered
tqat the rule be discharged and the
defendant be discharged.
The case against Mr.. Heaton is still
pending. and will come up for hears
ing. probably. this morning.
On the morning OF yesterday the fol-
lowing attidavi were signed and
sworn to by Sheriff Manning and Mr..
Gerkeu. which will explain what be-
came of the original rule fer contempt,
the copy and the order of the coult:
Personally appeared before me s.
FL. Manning, who being duly sworn
says that he saw James Heaton tear
nf
tempt for falling to have among the
papers of the Court a bill lofindictment
against James Heaton for extortion;
also an order to produce said indict-
ment before said court on Wednesday
morning. the 5th day of July, 1876.
and that the said James Heaton either
der of the Court and rnle for contempt
in said cause.
(Signed)S. S. 81. MANNING,
Sheriff
Sworn to and subscribed July 5th.
ALMAND A. MCKoY,
Judge of 4tk Judicial District of N. @.
Personally appeared before me W.
b. Gerken, who makes oath that James
Heaton did tear or destroy. or pocket
he order and rule above described,
saying he was clerk of the court.
W. b. GERKEN.
Sworn to and subscribed July 5th,
976. ALLMAND A. MoKoY,
Judge Fourth judicial District of North |
Carolina.
Upon these affidavits his Honor is
ued bench warrant for the arrest of |
he defendant, authorizing Augustus
/. Morris. Deputy Sheriff, to arrest |
lim wherever lie might be found with
II the State, and directing him to
,ring the defendant before his Honor
IA the 9th inst. Ito day., or on any day
Is soon as the arrest should be made,
lnless the defendant entered into a
Justified bond i'll the sum of $4,000 |
to appear before his Honor
within ten days after the arrest.
After Mr.. Bishop was discharged
he Court called Mr.. Gerken to the
tand, who stated under oath, that on
Ionday evening after the adjournment
f Court, Mr.. Heaton oalne to the
ourt room and asked him how he was
allied his attention to the fact that the
Missing bill of Indictment was in its
,iace in the pigeon holes, and that he
Gerken) told the defendant (Reaton)
lie was then copying a rule against
lim to show cause why the missing
PAPER had not been found.
We hear that Mr.. Heaton came
lown on the Weldon trein last evening
md will, as stated, probably be in
Jourt this morning.
REMARKS.
Tue statements of Sheriff Manning
md Mr.. Gerken coming without the
Iolemn sanction of an oath would be |
almost impossible of belief, for it
eems scarcely credible that an officer
If the Court, sober and not of unsound
mind, should thus deliberately set |
the court at defiance and thus con-
and contumeliously treat |
It's most peremptory process. A rule |
upon the CLERK to show cause why |
Certain paper has not been kept on the
files of the Office passes into the hands |
of the Clerk aud the Clerk tears il up
or pockets it declaring as he does 80
that he is the Clerk of that Court and
all record of the rule being made way
with he therenpon departs the Court
leave or license and remain
ing absent utterly fails TO obey its
mandate. If these things can be,
men may we'll ask themselves
whether the Court has any rights
the Clerk is bound to respect.
Yet these are the facts, to which Sher-
iff M mining and Mr.. Gerken solemnly
swear.
Verify gnch audacity -audacity so
audacious as to seem scarcely distin
suishable from insanity-wAs never ex-
1ibited by a court officer in times of
profound peace. When Kirk replied