Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-05-12
Col. NNaddeIIin Court.

Colonel Waddcli was indicted on
Wednesday by the grand jury of the
S,nerior Court then IL session for the
assault upon Mr.. Cassdey referred to
in the following press telegram sent
from this city on Monday last:
Uu,nSGToN. n. c.. May Hon.
NJ WaddelI, who has been severely
attacked in the columns OF the Will
mington Posl. this evening caned the
editor of that paper. Great excite
naont ensued, but at present all Is
quiet
Before any capias was issued for his
arrest Colonel Waddell, who had been
reouested by telegram to return at
once to Washington. went into Court
and submitted to the Judgment Of
,Ie CONT The witnesses for the
State then testified to the char iacter
Of the attack, also to the fact that
Mr.. Cassidey was one of the editors OF
tbe Post: that Colonel Waddell had been
absent from the city since the meeting
of Congress, and that during this time
several yery scnrrilnus articles had APP
reared in the Post against Colonel
Waddell. and that this meeting be-
tween the parties was the first since
Colonel Waddell's return.
Ia explanation Of his clients course
Hon. George Davis, counsel for Colonel
Wnddell. exhibited to the Court copies
of the Post containing the articles reA
ferred 90, remarking that th9y were
we'll calculated to arouse the an
ger of any man and to disturb
the peace OF the community. Mr. Davis
said be would not read the articles in
omen court because of their ex-
citing character, but would pass them
to His Honor for inspection.
His Honor ter reading the articles,
referred to the excited condition Of
the public mind in the city of Will
mington. stating that he had been
watching it with a great deal y { care
and anxiety. Il was his intention, ne
declared, to preserve the peace and
for that purpose he would stav here az
long as it was necessary. even if he had
to give up courts 'sewhere.
Referring to the articles concerning
Col Waddell that had appeared in the
POST His Honor said that every de-
fendant was presumed to have a good
character until the contrary appeared,
ana therefore if there was no allegation
that the articles were true, they must
be taken to be false and libalIous. HIS
Honor then asked if Mr.. Cassidey Wa
present in court and desired to be
heard as to the truth of the charges
set forth in the articles referred to
60 hn
ment, then rose and Informed the
court that he had had Mr. Cassidey
called to be present at the trial of the
cause; that Mr.. Cassidey had come into
court and stated that he did not de-
sire to be present and had left the
court.
His Honor then said the articles were
Ibellous upon their face and well cal
culated to excite a man to urcOntroll-
able passion and to endanger the peace
of the entire community. His Honor
further said that a man who published
such articles had as much right to ex
pect that he would endanger the peace
of the community as he would have to
expect that his entrance into a powder
magazine with a lighted torch would
produce an explosion. Before pro-
cpeding to pass the sentence of the |
court, His Honor said that as there
was no allegation or intimation that |
the articles were true, or that there |
wa probable chuse to believe them to |
be true, he would have to assume in |
fixing the punishment that they were |
false and without foundation, and that |
the provocatiOn being very great the |
measure of puni hment would neces-
sarily be prOpOrtioDally diminished. |
His Honor again remarked that no |
allegation had been made that the arti-
cles were true. and declared that if any |
slch allegations had been made. or if |
there was any allegation or intimation |
made low, that the articles were true, |
ne would suspend Judgment until the
truth Of the articles were investigated. |
No such allegation or intimation that |
the articles were true being made, His |
Honor then said he was bound to as
sumo that the articles were false and |
would proceed to pass the sentence of |
the court.
His Honor then fined Col Waddell |
ten dollars and the costs.
We shall have occasion to refer at |
the proper time to other events If the |
very exciting week now SO nearly at an |
end. Our purpose has not been and is |
not now to say word that would .en-
danger the peace of the community. |
We shall, therefore, say nothing |
hastily.
Mayor Canpady, who as well |
as Mr.. Chssiley IS one Of |
the editors Of the Post, was !
seated within the bar of the Court, |
while the cause was being heard and |
failed to make to the Court any allega- |
ton or intimation that the editors Of !
the Post, or either of them, desired an |
opportunity to sho the truth of the |
articles i'll the Post concerning Colonel |
WaddelI. His Honor's remarks bear
ing upon the fact that no allegation
had been made that the articles were
true, were made in the presence and
hearing of Mr.. Cannady. Mr.. Cannady
was absent from the city at the time of
the assault upon Mr.. Cassidey aul for
come days prior thereto.
crop Prospects
From a gentleman Just retHrned
from a trim into South Carolina we
learn that the prospects for a good
cotton crop in that State are at present
very promising. Both i'll Marion and
Darlington counties this was the case.
In Marion the area of land intended |
fer cotton, was ali planted, and most |
of the cotton was up-iooking well. In |
Darlington, county which produces
one-seventh of all the cotton produced |
In South Carolina, the cotton crop |
promises are unusually fine. The |
lands were, in the first place, particu-
larly we'll prepared. the cotton was
planted early, al of it is now up, a |
good stand was secured unlDlured by |
frost, and the planters think they have
never had better prospects at this sea-
son of the yenr.
But the great drawback to the plant !
erS III both these counties, (and it is
tHe case not only in the State OF South |
carolina, but throughout the entire
cotton raising region of the South.) is |
tne almost suicidal neglect If the sra,n
crops. The old cry comes to US now
mat but small area of land is devoted |
70 the growth of grain this year as
usual, and before the cotton crop is