The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-11-03
READ EVERYBODY.
Sheriff Murrill's Arrest-Judge Russelfs
Threatening Letter Printed in Full.
Wilmington Journal of July, 1S74)


Threatening Letter Printed in Full.
Wilmington Journal of July, 1874
Catherine Lake, N. G., June %, 1871
! Yours of the 10th inst. received to-day.
| Int was too busy to answer by to-day ;
mail The circumstances which led to the
prosecution instituted by Judge Russell
against me are these: In the fall of 1862
/ collected some money for Judge Russell
under an execution returnable to spring
term. 1870, of our court, which caused me
] IN indulge his taxes for the year 1861,
until court which came iii March, 1871,
! thinking when he called for 1T That ne
wouId allow me to deduct the amount of
MISTAKES, which was very near the amount
in my hands. But when court came
his counsel, Mr. Hubbard, said that Judge
Russell had written to him to get the
money and send it to him. ! at first
refused TO pay it to him unless he would
take receipt for the amount Of Russells
taxes, which he said he was not instruct
ed to do, and that he would amerce me II
/ didn't pay it over. Well, paid 1T, ana
wrote to Russell what Hubbard ha1
done, through his instructions, and that
if ]. didn't get his taxes by certain day,
/ should sell his property. When the
UHY CdIuG l. N0uG W pihhAiAACA @AAN
found him there, very indignant at finding
his property advertised for his taxes, hut
he paid me and we parted seemingly
friendly.
The next year he let his taxes lie until,
/ think, March, when wrote him again
that had advertised a sale of properly
for taxes on a certain day, and his was
included among others. He wrote me
very abrupt letter, in which he reminded
me that l was holding my Office in viola
ton of the 14th amendment to the Consti-
tuition of the United States, and was
thereby subject to a criminal prosecution
in the Federal courts and stating that
ordinarily that would be none of his bust
ness. but if / continued to annoy him
about his taxes he would make it his bust
ness, etc / wrote him that ! had only
treated him as / had others whose taxes
were passed due six months, aud rs for
his threat of prosecution III the i eGeral
courts he could try that whenever he got
ready. but if his taxes were not paid by
the day | had written him before, that /
should be sure to sell his property. On
the day mentioned | went 70 his planta-
ton, and he had sent me n check payable
at Newbern IN June following there
came a Deputy United States Marshal to
my house with warrant of arrest to car
ry me before q United States commission
er at Raleigh. q can't think of his name
now, but he was a Yankee from New
England), for holding office in violation
of the Constitution, etc. AS it happened
the deputy was young man who was
raised in the county, and In five miles
of me, and took my word that | would
meet him at Kinston in time to be IN
Raleigh at the time specified IN the war
rant. / met him at Kinston and he took
me to Raleigh. When we got there the
Yankee commissioner was not in the city,
and they took me before another, who
North Carolina man, who happened to
be there. All they could prove against
| me was that ] was coroner before the
| war, and engaged in rebellion against
the United States by accepting the Office
of sheriff during the war;
The commissioner held that according
to Judge Bonds charge to the jury in
the Powell case from Sampson which
was tried the day before, that holding
the sheriff's Office during the war was
not engaging in rebellion, and dismissed
the warrant at the cost of the United
States.
/ don't think there was any affidavit at
tached to the warrant. There was Wit
ten across the back upon the affidavit
Of u. Il. Russell" Also, mot to be
issued until just before court" was writ
ten across the back He had three wit
nesses from this county, viz: Jasper Eth
cridge, A. j. Murrill and Frank Thomp-
son.
Perhaps Mr.. w. A. Wright can give
you the names Of the commissioners. He
was in Raleigh at the time, and did me
valuable service.
With much respect, / remain as evr,
your friend and obedient servant,
e. MURRILL.