Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-03-24
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,n. KuDGsOn County CoihihisSiSA
.VE,e eEcstimnny.-Geh Co
Discharged
limited States Commissioner
Conrt has been iakeu advantage OF o
49,, Radica p4Ity to cOnmence tue pc
IitlciI campaign with III North Cai"
lima. <p
r.c,.lve! tn. retuIAs from the pre-
C,c+s IN the C III lty. al the election
Irkirh was BE! =: for Delegates 10 tn
Constitutional Cosy .lt.OL. and eXcr
c..,ro their jlIlc.a! diec"rt ON, hon"s It
Irc.st no the sum total Of the votes .
tTa county that were entitled 10 b.
conpted. Dr.. K. VI. Norm"nt claimed
that AL the votes were not cOun ed lha
sLon,d have been coun-@d. aud that h'
VA Irg ilv entlt.t t. S,f',,t IL the c II
yantjcn. He acc .dingy conteatet
+b. = is Of the neal bcI> whom 'i,C
commission ra declared elected. Th'
c.D,eution d. cld-d that rs vas not i
tit d.
Or. Norment noT comes fnrwitrt
and sues a warrant aga - the fOu:
nra,ssi0ncrs aud G-u. W. Il. COX
cuafgIug them with 5hsplring togeth
or To d.frnud i,Iri out Gf the / Is,tiuI
t. which q majority II the people oI
K l. .s:,.I comfy tad elected inn. 1he
.t1fIavi. Of DR. Norm""t urOn winch
ti,. warrant vas iA>u,i ia. iieretL iOre
been published III the jOUEEAL.
Tho i,.feLdauts were arr 3uyi Oe-
fore L Commissioner CEs4idey Ou
We trrdag evening, Hon. q. =, Aieares
NJ peali: < for Gen. Cox, COl. ". FoSt"r
French for ihe commissioners and Hon
Edward Cantwell for the prosecution
The uItuessess for tn" prosec.iiict
were sworn, the ait II ut aud warrau!
were read. and preliminary motion
wa discussed.
Col. french moved that the case be
transferred to some other cDmmls
s:onrr for trial, nj stated hat he did
not intend ANY disrespt CT to tie Com
missioner but made the motion IL
Justice to him E wei! as to the defer
d,nts; for il was well known to tie
Commissioner that h. stood indicted ~
the SuTeriOr Court of ROieson Colnt-
which Will be held on Monday week
for hte for falsely charging that the
yrrv defendants, the commits. toner's Ol
RubesGn county, were guilty Of thu,
very crime that it was now proposed
to tIy them for, under w,rrant
siOner
The court, therefore could nos say to
these defendants, you are not guilty,
without admitting that the cilarg =
Contained iii the said libel against the
court, are true. The court, by toying
these defendants was trying his OWE
case.
Courts of justice shoul be aboy e
all suspicion, SO that even the defend =
ants themselves can excfaim, if con
victed, the judgement although hard
for us to bear Is just.
It is the universal practice of ali
courts never to hear a cause in which
they are even remotely iute1 ested, 3nd
Col. French hoped it wOuid never
cease to be the practice in North Caro-
lima, so tat the robes of the Judges
may be as pure as the dews from
Heaven.
Col. French did not think the pros
ecution should have placed the court
in this position, bhuuii have asked the
commissioner to issue this warrant,
knowing as they we'll did all the facts
surrounding this ce4e aud there beiug
other commissioners in this town t.,
whom they could have applied, and
they would admit now that 1t was not
al accident, but that they specially and
deliberately selected this euurt from
among all the commissioners IN North
Carolina to try this case. They further
admit that if these parties should be
bound over and this case sent II the
upper court that that court will ,e-
view with JEALOUS eye the decision
made here.
Judge Cantwell replied for the pros
ecutIOn, stating that Commissioner
Cassidy had been specially selected to
try this cause, and argued at some
length to show why the case should not
be transferred. using arguments which
seemed to destroy th o. selves.
Col. Ere nch rejOined at some length.
The commissioner decided to go on
with the Investigation and denied the
motion.
Hon. O. P. Meares stated to the
court that he appeared as the repre-
sentative Of Gen. Coz.
The warrant which was served on
Gen. Cox was for violating the 55l2 sec
ton Of Z. s. Il. Statutes. which relates
simply to the election of members of
Congress aud there was none last year
and ne was entitled before leaving
hCme to have gone before q 1. 5. com
GlISSlOiieE anu p3cA tlECildIRtu OiI Il
question of jur sdction. But feeling
that this assault was not personal bat
made on the integrity IF the party. he
quotes the fullest investigation with
the full merits of his actions.
Judge Meares wanted to know
what the defendant was charged with
and what was the particular statute 1e-
lied opon to convict him, stating that
this cd RI la q r1nIItIRat
bad begun, and that for himself he
wished the prosecutor aud his counsel
TO understand that this should be
lay-on Macduff case, "and Gann'd be
he who first cried hold! enough !" lie
wanted to know the charges against
his client. He intended % interpose
no technical objections in this investi
CATION. This could be easily done,
but ne :waived all such rights and
wanted a full, fair and complete in
vpstigation of the facts.
After good deal of sparring be
tween the counsel the co1It decided
to amend the warrant, by making the
affidavit upon which it was issued, a
part of it.
Judge Cantwell answered that he
relied On the whole of chapter seCcn,
as the law under which the proceed
ing was taken.
After which the court adjourned to
ten o'clock this morning.
There is a great deal of interest
manifested in this case and the court
room was well filed.
SECOND DAY.
The Court commenced its session at
10 O'Clock pursuant to adjournment.
Ex-Judge Cantwell announced his
readiness TO proceed with the exanaln-
alton. He stated also til 1T he did not
expect to clio the testimony without
Tie presence of q witness named
Royal
Col. French thought the pros ecution
had announced its readiness, and he
hoped that the case woaid proceed to
G conclusion.
Judge Meares thought the Court
would not stuItify itself by such pro
cedure as to stop in the II DIST of the