The times. [volume] (Richmond, Va.) 1890-1903, 1894-02-28
A KFuIyDER or TUE hIRh wax
The Suit Against Er-Gosef hoi"ehs
Eafafn -InterPstiug Hl.tory OF ~.

RALEIGH, y. g., feD. -'-Sp'Olai'
Considerable interest is being manifested
I'm the case of Josiah Turner against Mrs.
$. V. Holden and c. s Sherwood, admin
istrators Of Ex-Governor W. W. Hoiuen'
for damages for false Imprisonment The
Jury was yesterday selected and all the
preliminary points discussed and disposed
of. Dispositions Of a number OF men
prominent In the state just after the war
have been taken. and a large number or
witnesses will be examined. There is a
strong array Of counsel on both sides
and the trial Of the case will probably
occupy several DAYS.
The basis Of this suit is an unwrltten
but interesting chapter In the history
Of North Carolina. 1t originated during
the davs Of reconstruction In this State
the time Of the Kukux movement ana
the Kirk and Holden war At this time
w. W. Holden was military Governor
and ruled the State with high hand'
and few men dared own that their sous
were their own. The judiciary was power
less. and martial law was the law or the
land But Josiah Turner, who was then
editor OF the Standard. denounced in
strong language Holden and his methods.
As a result he was in 1870 arrested in
Orange county by Colonel Kinks men
and thrown into "a foul prison. where he
was denied the ordinary comforts Of life
His cell was shared by a nesro under
sentence Of death.
False imprisonment
After his discharge he brought suit
against Holden for damages for false
imprisonment The suit was first insti-
tuted in Alamance. afterwards In war
ron. and finally In Chatham county, where
a To-. fa.t~ e Ia n
tiff for $500 and interest and costs. From
this judgment Holden appealed to the
Supreme Court. but before II was argued
the case was. by consent. remanded 10
Chatham I'm order that the case on appeal
might be properly stated. as Turner claim
ed that the case, as sent up, did not do
him Justice. Here il remained IN statu
quo until the spring term Of 1886. When
Judgment Of non-suit was entered. turner
having failed to prosecute in due time
as required by law.
4 Gift Of Ponds
In 1850 Turner again instituted suit
AGAINST Holden. this time In Wake Supe-
rinr court his action being based upon
the Chatham county judgment Here an
Other Judgment was recovered for about
x1qoao being the interest on $500 ana
costs Holden was then insolvent- lie
died in March. 1892. and his administrator
was required 20 file only a nominal bona
OF fifty dollars.
Although Governor Holden had no prop
ortv M the time Of his death. yet In DC
tober and November. 1863. ne had made
bi- wife present Of $4,000 in United
SITES bonds. Turner was aware Of this
facr and claims that the gift was void
and made by Holden in order that ne
might not be troubled by suits growing
out of the Kirk war lie also claims that
uolden exercised control over the bonds
- IN the dav Of his death, and used the
,roceads for his own comfort ana the
s,nnort of his family. Turner therefore,
SUI The widow for $4,000. and seeks 70
declare the gift fraudulent and unfair TO
creditors ..,..
John Young Shoemaker. who recently
ronoved from Whitevlle. Columbus coun-
,, ,o Marion. :. c.. has been committed
To- iail for killing Ham Capps. farmer
living near Marion. with whom he had
an alteration Saturday.
Tho steamship city Of Birmingham,
INST arrived at New Berne from New
york picked up four sailors who had
been shipwrecked off Hatteras in the
storm last week. They belonged 70
schooner Calumet Club. which was en
route from Baltimorr 10 New Berne load
ed with guano. one sailor was drowned.