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

next Intro luced aud taken down
At this point there was much discus
SION to the cbr. ~ges fyaiust the de-
frndants and ti'e law relied upon.
Judge Cautweil then gave a nUmber
Of the sections of chap. u r.
Statutes that were relied Oh.
By agr 1ment OF cou 1sel the cons
missioner took down the returns from
all the townehips, during which time
| the court took recess until 3 o clock
AFIERNOON SESSION.
The Investigation was resumed at
O clock.
| Maj. B tdger a: nounced that at IL
conference between ex-Judge CautWell
and himself il was agreed that either be
or Judge CAN'T we'll should have con-
| troll of the case, aud he now announced
| that he assumed entire control of the
| case.
Judge Cantwell stated that the law
required the district attorney to pros =
cute i'll such cases.
Maj. Badger then announced the
sum total Of the votes cast.
Mr. Ward was cross examined: Col.
Mclean WAS in sufficiently good health
to give legal advice to the board at the
tltLo he gave IL, WHICH WAS OO SaCur
day. I have lived in Robson from
my birth. L know the general char
acter of Mr.. Morrison, John Pope.
Henry f. Pitman and Mr.. Humphrey,
and they a-e all good.
By Maj. Badger:
[ am the clerk of the board. / was
not present when any telegrams We're
received from Raleigh. Never heard
the commissioners talk about the tele-
gram "Hold Eobeson and save the
State" Don't recollect that the .indi-
vidual members of the board ever
spoke of this telegram; nor that they
would lie in Jail before they would
change. I never heard them say any
thing but that they thought they had
done their duty. L heard them say
there wfs some false charges preferred
against them. L am still register of
deeds, the official custodian of these
papers and as such produce them TO-
day.
By Judge Meares: [ don't know
when the telegram was received. There
Was nothing remarkable in Mr., Nc
Leans conduct in the meeting Of the
commissioners. Men talk loud in
Robson and here in Wilmington
They do it sometimes right here in
this court room.
Mr.. Stark: [ produce here all the
kilograms signed By ". Z. Cox to W.
Foster French or any other person
during the month Of August. Mr..
Stark, with the permission Of the
court, reaE ne orders of the tele-
graph c, .npany restraining him
from producing kilograms except by
order of court. The witness was then
served with an order OF the court, and
thereupon produced two telegrams
from General Cox to Col. Foster
French. They are dated the 9th Of
August Maj Bldger then read the
telegrams, as follows: Hold Hobeson
and save the State. IF you love your
State, hold Rcbeson."
Col. French was examined: I am
confid mt I received one of them. L
wont say that l did not receive the
other. One of the cou lty commission
ers saw this one "hoId Kobeson and
save the State" This vas late at Il ght.
on whit night don't recoilect. Show. d
it to Mr.. Morrison. Sent it to Mr.
Morrison by letter He lives 25 miles
from NE. Never talked to any other
member of the board. Knew nothing
about the count until the result was
announced. I don't remember seeing
any of the board until Monday, wien [
sew Mr.. Morrison, who stated that
Col. Mclean had sent for them about
their decision.
Cross-examined by Judge Mears:
am acquainted with Col. Mclean.
He has been practicisng law twenty
years or more and stands very high ~
a lawyer in our community. I think
lofnr than fhn Orb xuhnn r
Give the telegram.
Mr.. Ward was recalled to produce
the reco d the commissioners made on
the day of the election. The record
showed that the townships ia question
were excluded from the count owing
TO the fact that the books were not
returned. The poll books from Britt's
township came in on Tuesday.
Gross examined by Co French:
Two of the townships poll books never
have been brought up.
| The United States District Attorney
| here announced that he had no further
testi mony his evening.
| Col. French and Judge Meares press
| ed for the continuation of the investi
| CATION this evening.
Mai Badger finding that his wit
nesses could not get hers on Monday,
would ask that it be continued until
Monday week.
Maj. Badger stated that he saw no
evidence that would establish the
charge of Conspiracy against Gen. Cox,
aud as to him he entered a aOlte
1orOsequi.
Judge Meares called the courts at
tentlon to the fact. and he wanted the
US. Commissioner to bear witness thai
he, as counsel for Gen. Cox, had at nc
lime during this investigation asked.
and did not Low ask, for the discourage
of Gen. Cox; and he wanted the record
to show that he Was discharged by the
court because there was no criminal
charge proven against him.
Mai. Badger said that he assumed
the entire responsibility of entering
the n0tLe 20rosequs.
Gen. Cox was then discharged, anC
the court adjourned to 10 o'clock OIL
Monday morning.
GeneTas COlston-Rapid Improve
naent i'm f1ts Health.
A letter from General Colston, JUS
received in this city, and dated Cairo
10 February, beings the pleasing intel
hgence that he is very rapidly recover
ing his health. When he wrote ht
was anticipating, with pleasul :, a visi
to the baths OF Helman, a place O
| Trest resOrt some twantv rnilea ahOv,