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


this was week or two weeks before
the election. --.....T - ..-.,s .
The next witnesses examined was
Alexander Galloway, who statrd that
Curtis told him that he was going away
from Smithville and would not stay
there any more. .l.t.E-
John W. Dayis: .r-.,- =--.-.
That GALLOWAY did tell DR.. Curtis on
the first Monday in 1874, at the town
election in Smithville, what the law
was, but that Curtis said nothing SO
far as he kuew. 2 cas- ~: -..
Here the testimony for the govern
ment closed. -,-. > - g..---
E-r THE DEFENCE. i,, 4....
The, defence was opened by the conn
sci reading two written opinions as to
the defendants right to vote and to
hold Office in Brunswick county. The
first of which opinions contained full
statement of the facts of the case, be-
ing dated July 9th, 1874. and was
signed by W. 8. &. d. J. Devane and
Marsden Bethany, Esqs. The second
opinion was from Adam Elnpie. Esq.
These opinions were read to show that
the defendant had taken legal advice
as to his right 20 vote and hold Office,
aud that being SC advised by counsel
he could not have been actuated by a
fraudulent intent, even though it
should be adiudged that in truth he
had not the legal right to vote.
| sCol. Robert Strange was next intro
duced and testified: That plior to the
August election of 1874 DIR. Curtis
consulted him as 20 Galloway's right
to strike his (Curtis) name from the
registration books. That he advised
him that Galloway had no such right.
Marsden Bellamy, Esq. was next
introduced and testified: That DIR.
Curtis left Wilmington on the night
of the 18th of February. 1873. and re-
turned during the month of January,
1874 That at various times during his
absence from the State [ was in- cor
respondeuce with him relative to Sc
curing a loan of money for the pur-
pose of erecting paper factories on his
plantations in the county of Bruns
wick, of which DIR. Curtis wns to take
charge. DIR. Curtis expressed himself
as being very sanguine of getting some
stock taken.in the factory, North. He
testified that defendant owned two
large plantations known as Kendall
and Lilliput n the county OF Rruus-
wick, in addition to the property
owned by him, in and near the town
of Smithv lie
Col. John D. Taylor was nex& intro
dlced, and testified in substance the
same as Marsden Ballamy, Esq and
stated further that he knew the defend
ant was in constant correspondence
with Owen ID. Holmes, Ed, relative
to these paper mills, and had himself
written to DR.. Curtis, seeking bust
ness position in the mills.
Wilkes Morris, Esq was next intro
duced, and testified in substance az
follows:
The firm of which I am a member,
Croniy & Morris, real estate brokers,
had, as agents for DR.. Curtis, his house
and lot at SmithviIle for sale, and in
of that fact there was a
good deal of correspo ndence between
DE-. Curtis and ourselves The last
letter we wrote to DIR. Curtis on that
subject was dated the Is b of Deem
Der, 1878. DR.. Curtis was always very
prompt in replying to his letters, but
instead of his replying to this last let
ter, ust at the time we were looking
for an answer from him, he made his
personal appearance in our office, which
makes me positive that the defendant
to Wilmington not later than
the first week in January. He was GER
tainly in our Office on the 18th
DE- 18th of February following, and
deed there. There was q
correspondence between our firm and
DR.. Curtis relative to raising a Joint
stock company for the establish aent
IF paper mills in Brunswick. In re-
ply to letter from us Curtis stated
hat he proposed to establish such
Mills ON his plantations, Kendall and
Lilliputt. After bis return to Will
nlugton he remained in the city for
.ome time, endeavoring to raise a
took company for the erection OF these |
Mills.
After the testimony was ell over the |
was commenced, Marsden |
3ellany. Esq, opening for the defend
mt. He was followed by d. J. Derne,
likewise for the defendant. Both of |
hese gentlemen argued that the wit
ess, l.. A. Galloway. was contradict
d in all his material statements by
UGH testimony as was incontroverti-
lie. It was shown beyond a question
hat the defendant. when he left North
'arolina to visit the State of
'ermont, went with the ex-
ectation of returning as soon
) he had seen what could be done in
he way of raising money for his paper
ill enterprise. That the testimony
the other witnesses amounted to
othing and established not a single
ct which would show the guilt of the
efendant. That the witness, Gallo
ay, was fatty contradicted by two
illnesses as to the time of the return
Dr. Curtis to North Carolina. The
emory of these two witnesses was
ded and corroborated by Elemorsnda L
ade at the time and by letter CORES.
The witness Morris was
-