Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-03-03
0l.itlliln,ilQtol1 Jolu.na!,
WILMINGTON, n. c.,
FRIDAY, MARCH 3, 1876.
mAYOIS . CANADAY AND THE
HE4TON TRIAL

GAN DAN
HE4ToN TRIAL
We learn that late on Saturday the
counsel employed by the city authori-
ties to assist the Solicitor for the State
in the prosecution of Mr. James
Heaton, the present clerk of the court,
now under Indictment for interfering
with the election in 1874, were notified
by Mayor Canaday that their services
were 10 longer needed, and that 1t
was not desired they should give
any further aid in the prosecution.
So far as the public are informed,
and SO far as the public are concerned,
no reason exifts now why Mr.. Heaton
should not be prosecuted that has not
existed all along. If Mr.. Heaton IN
lawfully and with force and arms
sought to break up the election III
August, 1874, and thereby disturbed
the peace of the city and endangered
the lives of the citizens, he ought to
be punished, and ought to be punished
severely and to the fullest extent OF the
law. The mere lapse of time takes
nothing from his guilt, if guilty he lie
All these long months the city authorl-
ties have thought it proper to have
counsel employed to prosecute the III
dictment. But now, within three days
of the time when 1t is expected the
trial will begin, Mayor Caladay with
draws from the counsel their authority
to appear III the case. The result .s
that the Solicitor will b. taken by sur
prise and consequently viii DC unpre-
pared to do justice TO the case, it Icing
the We'll known practice when counsel
are employed TO assist tie State +
leave the preparation Of the case Ii
their hands.
We desire to speak peSfectly dispas-
sionately about the matter, nor DO We
desire to do inj ustice to May or Cana-
day, indeed We sincerely trust there IS
some otner explanation Ct conduct so
strange than that to be found IN the
surposition that Mayor Canaday WAS
acting 10 collision with Mg He+ton and
took that means to ensura his .lc1uitta'.
. What the Mayors motive in this mat
ter may be we know not. Nor is it
material to know the motive. What
we are chiefly concerned with
is the patent fact that the ciiil
officer of our city especially charged
with the press rvation Of the peHc1 oE
the city. should pursue course that
seems calculated, even if it b. not
intended, to screen from full invest
cation and trial man charged with
one of the most f1agrant violations of
the peace of the city ever committed
within its limits and the effect upon
likely to have.
And we regret, too, especially the
action of Mayor Canaday, for the
reason that we have thought AID we
have said publicly and privately that,
in SD far as his efforts to preserve tue
peace were concerned, that Mayer
Canaday had done his duty dscrcetly.
but at the same time fearlcssly and
been our opinion in the past, the action
of the Mayor in dismissing the counsel
employed by the city on the eve Of the
trial of Mr.. Heaton, requires Us to
speak out plainly. This Ger
tainly is no time to withdraw from
any evil doors the terrors of the law
Certainly it is no time to Withdraw
from men disposed to interfere vita
the conduct of elections by violence
the terrors Of the law On no other day
i'll the year is a breach of the peace SO
liable to pr oduceso grave consequences
as on the day Of election. Or that
day in every city, but more especially
in the city of Wilmington, is it true
that spark may kindle fame that
may involve the whole city. One has
but to remember the scenes If cleo
ton day i'll 1874 to realize how easy
it is for these streets of ours t. run
with blood.
Realizing this fact and remenl barring
that we are about to enter upon poll
Cal canpaISl, tuaC 1OF "dILnGIl d'tt
bitterness promises 10 be unparalleled
in the history of State, this act of the
Mayor is doubly to b. deplored. The
white people of this city earnestly
desire to preserve the peace of the city
but it may as we'll be understood first
as last that they do not in
tend to be deprived of their rights
at the ballot box.
Feeling thus, and knowing what VIC
lence may lead TO, they view, with
undisguised regret, the action OF the
Mayor in taking a step that has The
appearance of being an effort to put
the State at disadvantage III the
prosecution of "a man charged with
violation of the peace that came so
near involving the city III bloodshed.
We most sincerely trust there is some
explanation of the strange conduct of
the Mayor other than that which APP
pears upon the face of it, and if there
be, we shall be most glad to know it,
and to let the public know it, But we
cannot repeat too often that the preser-
walton of the peace of our city IS @
matter of the very gravest concerD.
----~--@1.----
HON. A. w. Vs1NABLE.
The Raleigh Biblical RecOrRer con
cludes an eloquent and deserved trib-
ute to the memory of Mr.. VenabLe in