Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-03-24
VOL. SO.

| AhCdI0S Hh(t DuI one
10 make. This case was like any other
The prosecution had announced it
readiness and it should go on with it
The counsel had assumed a lower
which President Grant nor Chief Jus
tlce Waite possessed, the power
C )mmence the trial and ID continue j
as he saw proper. 1t matt 3rs not what
may be the ruling here it is not the
last time the case will be heard from
Some man will rue the day that thIt
affidavit was filed ia this court.
Judge Cantwell thought the discus
| sion useles He was not the repre-
| sentative of the U. S. govcI lmeut
but was the fe, counsel of another
| citizen OF the United States. It vse
the duty OF this court 10 investigate
this case and 10 Gee If the prosecute :
r.ghts had been violated; if they |
been violated, defendants should be
bound over. II uot. they should be dir
charged Pointing II VI j Badger,
who Just then entered the court, he
=. q fha, n'Ti :"r h a not the ower to
enter d nOtte proseYtli 1T tbs juncture
Wler II gcts ia tho court the distiu-
guIshea gentleman - al officer, in that
"tiiccr could manage it as he saw
proper.
TIE TESTIM NY.
DR.. f. NJ. Ncrn-nt took the W tness
stand for the prosecutions:
am toe same Z. NJ. Normrut who
vas Il candidate for the convention and
;ttu d cItiztu of the United States. Nv
cniieagl- wns Mcneil; my opponents
were NcEachan and McNalr. [ re-
ceivsd ], ,7OG votea. The other gentle
tDau (my coltetgue) received II few
less, s or 10. Ny majority so; my
"oiielgne'3 was about 33. Ehe county
commissioners were (ramIng thcnl). [
found the board at Lum herfOu oresuu-
lzad ani comparing the retdrus in the
court house on the 7th of August after
the election.
H@r toe witness wished t. explHin
his connection with tits matter. OBJ
l"cSed :" by Col French.
Judge Coutwe did not care for OBJ
j ioLs. I'M case was not to be con-
d'iCte'' by the iuIes Of evidence. 1t
was on Y preliminary and the court
could hear Atarsay testimony as to
whether the rrguts of IL citizen hai
been violated before the case w8s sent
up for trial.
Col. Frerch had bnt a word more to
say. Judge Cantwell had started out
with proposition that he had the
right to indIc5 US IL ywhere between
the lids of the book, aud to search up
evidence AL over the United States, anu
to continue the case until the testi-
moly could be found, and now he
DOldly says that the case was not to be
conducted by the rules of evidence.
The proposition was mOnstrOus. Col.
French argued the question ct length.
Judge Meares feiG it his duty to
eater bis protest against such a propo-
> tion. If he had not lopg since been
accustomed to strange propositions
from the counsel on the other side,
he would express himself shock
ed at the proposition. His whole
policy disclosed in this investiga-
yiou was rem @rkable. Ii the PROPOSE
ton be correct, the learned lights OF
the profession have written books aud
laid down rules Ill vain. He had never
heard the proposition claimed in
commissioner court before. From
Lat had fallen from the counsel on
The other side, he had no dCdbt that
Dr. NOrmeIt mad speech he wished
TO make.
Maj. Badger stated that since a.Iu-
sion was made to Linn, he wished to say
that lie was here to see that nothing
more nor less was done than was ne
ard lawful as far as the United
States was concerned.
Tne commissioner sustained the pro-
! 0riti0D.
DIR. NUrmeut resumed: I exami4ed
the returns from all the precincts, not
tie Official returns, and found that !
and my colleague were elected. | found
that the BOaId had thrown out several
precincts, and asked them for their
order. They read the orde TO me-
which he recitei III substance, leaving
out certain precincts aud dec aling his
opponents elected 1 asked them if
their de>i ion was final. They said no
aud would hear me. [ then read from
Battles Revisal. Col. Mclean WAS
present as counsel for the other side.
Mr.. Thompson asked to change his
vote aud did change it.
Judge Cantwell here discharged
Mr. Thompson.
[ sem two kilograms to Thomas 3.
KeOeh n at different times. [ had some
G ccnveIsa;ion with Coz. Mclean. Ihl.*
was objected to; objection overruied.
The witness proceeded. This con-
versatioI- was Tuesday or Wednesday;
[ think WedDcs day-he promising to
have the commissioners t. reconvene
and reconsider the N tier. [ had
written communication to the Post
Col. Mclean said if [ would withhold
the communication he would get tue
to assemble. lwfOte to
Ca4sid V 10 withhold it. Cass;dey re-
piled that it was too late, the aper had
gone to press. 1 heard nothing more
Of the proposition OF Col. Mclean. l
told the commissioners. it was their
duty to compel their officer to dis
charge bis duty in making the
returns. [ applied for an Injunc-
ton TO a jud 3e OF the Supreme
Court. He decided he had no
Jurisdiction. [ went on to the conven
ton. Justice Settle administered the
oath. [ presented the retIrns and !
my seat. Judge Settle ruled
that he WAS compelled to swear in my
The convention never
decided the question. I was frequent
Iy before the committee of the cOnve -
ton to whom tia" question was referred
and mad conversations WITH Gen. Cox.
aud told nim that if it had not been for
his telegram aud the JOURNAL S .func
tus OffciO article, l thought the board
would have reassembled and reconsid-
cred my case He replied, 81 teIe-
graphed to private individual"
The language y. the telegram was
"hold Robeson and save the State"
I told him if it was directed to pri-
vate individual, coming from him as
Chairman of the Executive Committee
it had its effect. The telegram was
sent after the election; whether before
or after Tuesday could not say. There
was TO remark from Gene al Cox to
the effect that he sent that telegram in
reply to the kilograms L had sent to
Raleigh. Something over 800 votes
were excluded from the count of the
commissioners, the result was I was
defeated.
Cross examined by Judge French.
The commissioners said this action was
not final and that they would hear me.
[ got counsel. Their counsel was pres
ent and the commissioners informed