The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-02-11
TRIAL OF THE q. s. OFFICERS
United States Revenue Ofscers and
Mr. HI. s. Smith, Whom It 10 ALE ged As
saulted Joshua Green, Colored, Bound
Over to the Criminal Court-The Plea OF
Former Conviction Denied

Over to the Criminal Court-The Plea OF
Former Conviction Denied
The trial of Captain II. d. Smith and
Cadet ]. D. Wilde, officers of the revenue
cutter Lot. NJ. Morrill,, and Mr.. H S.
Smith, all three charged with committing
an aggravated assault upon Joshu
Green, colored, took place yesterday
morning at 10 O'Clock. in the court room
at the city hall, Justice Fred. 3. Rice
presiding.
The three defendants and their coun-
sci. Colonel Thomas w. Strange, A. G.
Ricaud, Esq, and E. X. Bryan, Esq,
and the prosecuting witness. Joshua
Green. and the counsel for the state,
Marsden Bethany, Esq, and John D. Bel
lamy, Esq, We're all in attendance, as
was likewise a large crowd of colored
people, mixed here and there with a few
whites.
Mr.. Bryan demanded that a jury be i'm
paneEed in the case, and rendered the
fee necessary.
This demand met with a sharp resist
ance from the counsel representing the
state, and Justice Rice denied the de-
mand, holding that the case was one in
which he did not AVE Jurisdiction. The
trial then proceeded, and Joshua Green,
the alleged assaulted man. took the
stand and testified:
Il conduct a wood business at the foot
of Orange street. On the morning Of the
4th instant about 8 o'clock, L was stand
ing on the custom house wharf. At the
wharf the revenue cutter Lot NJ. iLor-
ril was anchored, and my position was
near tine stern, of the hOat heard a
friend, named Brown, curSing, and L
admonished with him. Then the captain
of the cutter cursed me and told me To
get off this wharf" 1 commenced to walk
off the wharf. telling the captain, who
was still cursing me, that l intended to
obey him / walked out Of the gate and
started across the street. L heard rapid
foot steps approaching behind me, and
1 turned around and saw the defendants,
one of whom said l had cursed his cap
tain and struck at me. l next walked
into M~itchells mill, and there the de-
PENDANTS followed me. They b hold
of me and dragged me to the gangway
of the cutter. where they threw me down.
Captain Smith jumped on top of me. plac-
ing his knee on my breast. He then or
dered one of the men to get q pair of
ihandcuffS, saying that he would impriSon
me below for thirty days or drown me.
The handouts were obtained and placed
on my wrists. However, they were soon
removed and L was told to leave, which
I did"
The counsel for the defence did not
subject the witness to any cross eXami-
nation, and neither introduced any testi-
mony. The state had a number of wit
nesses present, but none of them were
called.
Addressing the court, Mr.. Bryan stated
that the defendants had been tried for
committing an assault and battery on
Green, which covered the case on trial,
and that they had been adjudged guilty.
He then exhibited the magistrates rec
ord of the trial.
Justice Rice decided that the charge of
an assault and battery did not cover the
ground, and placed Captain Smith under
a 5000 bond for his appearance at the
next term of the criminal court, and
placed the other two defendants under a.
800 bond each for their appearance be-
fore the same court at the same time.
All three of the defendants furnished the
required bonds, and were therefore not
detained.
No argument in the case was made by
either side.