The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-06-16
WAIVED EXAMINATION.
A. j. MARSHALL BOUND OVER FOR
CONTEMPLATING.
Commissioner Collier Requires n Bond
OF $4,000 for His Appearance for
TrfaI-The Bond Reduced I o $1,000
and the Defendant Gave Ball.

of $4,000 for His for
TrfaI-The Bond Reduced to $1,000
and the Defendant Gave Ball.
A. J.. Marshall, Esq, the we'll known
lawyer who was arrested on Tuesday
night Of last week on the charge OF
being h accomplice of Nicholas Po-
aitz and Nicholas Cotsobelos in the
counterfeiting of silver dollars n
halves, was given a preliminary hear
ing before United States COMMISSIONS
S. P. Collier yesterday afternoon at
$3.50 o'clock at the United States court
room.
The court room was packed with cit
liens who listened to the proceedings
with the most intense interest.
District Attorney Claude Bernard
and Assistant District Attorney Oscar
Mr.. Marshall was in court and sat
with his counsel, Messrs. Marsden Bel
1amy, Hon. Jno. D. Bellamy, mo-. D.
Bellamy, Jr., Esq, Hon. George Roun-
tree, Iredell Meares, Esq, Herbert
McClammy, Esq, and George L. Pes
chau, Esq.
When the court was declared opened
for business, District Attorney Ber-
nard called up the following witnesses
for the government: 3. F. Perry, Cap
tain J.-R. Williams, G.. G.. Northrop,
+. s.. Burr, w. A. Farris, Nicholas
lis, E. P. Bailey, William Sheehan, Jr.,
John ]. Fowler, and DR.. Charles T.
Harper. When the witnesses had come
forward, the District Attorney an
nounced that the government was
ready to proceed with the hearing.
Iredell Meares, Esq, of counsel for
the defence, to the cour:
that the defendant would waive ex-
animation, while neither Mr.. Marshall
or his counsel, by so doing, would ad-
NIT that he had violated the law, and
neither had they any doubt of a final
vindication and acquittal. They had no
fear when the trial came before a jury.
He asked that a reasonable bond for
Mr.. Marshall's appearance for trial at
the November term of the district
court, n stated that his client would
be willing to give a 5000 bond as at
first required after his arrest, although
they considered that excessive.
District Attorney Bernard stated to
the COMMISSIONS that 1t was not the
province Of the governments prosecut-
ing attorneys to suggest n amount
of the pond to be required. That was a
matter entirely in the discretion Of the
commissioner. All the government
wants and demands is that the bond be
sufficient ITO secure the appearance of
the accused for trial.
Commissioner Collier astonished ev-
erybody when he stated that he would
require a bono Of 500 0 for Mr.. Mar
shalps appearance for trial. The COM
missioner in demanding such an un-
reasonable and excessive bond, caused
800 I'D h04I IN fha IN ~ ~ NJ.
MarshalPs counsel and the spectators,
who though not influenced by sympa-
thy, felt that such a bond was unjust.
Mr.. Meares strongly protested
against a $40, 900 bond sand urged upon
the commissioner that it was contrary
both to the state and federal constitu-
ytions to require Of a defendant a bond
that was excessive. He reminded the
commissioner that only a few weeks
ago bonds of only 5000 were required in
Wilmington for the appearance Of
pickpockets.
Assistant District Attorney Spears
interjected: Eyes, and they defaulted."
Mr.. Meares replied that their client
would not, ~whereupon Mr.. Speares an
swered, 1--WE don't know that" He
said the requirement of a $40 900 bond
was without a parallel and 1t was un-
just and unfair.
Marsden Bellamy, Esq, also protest
GU dSdIIlSI IllC CASC00lNC OOAlu lOHuil%
of Mr.. Marshall. He reminded the
commissioner of the bill Of rights, and
declared that the bond was unusual
and excessive. 1t was even dOubl
the penalty inflicted by the law in case
of the conviction of the defendant. He
read the federal and state constitutions
to show that the bond required of Mr..
Marshall is contrary to the rights Of
a citizen.
Hon.. Jno. D. Bellamy said he was
astonished hat such a bond sould be
named. He never heard of such a bond
in any Ease in the state. He remon-
Strated with the commissioner that in
view Of the fact that the commissions
has known Mr.. Marshall all his life, he
considered it an outrage. He appeal
ed to the commissioner not to con-
sign Mr.. Marshall to jail, which bail of
$40, 900 meant.
Assistant District Attorney Spears
a $40, 900 bond, but he would say that
the discretion of the commissioner was
sound, and his action was jutified by
the circumstances and facts in the
case.
Mr.. Spears said the attorneys had
spoken of Mr.. Marshalrs good charac-
ter and proud lineage, and if he stood
so high in the community he could
give bond.
Hon. Jno. D. Bellamy entered a
strong protest against h excessive
bond. He said it meant that Mr.. Mar
shall, with d young wife and children,
would be tied down in Jail six months
waiting for his trial and although h
would be acquitted, as he expects to be
his reputation would be reflected and
his character furnished. He asked the
commissioner how his conscience
could let him require sue a bond. Mr..
Bellamy spoke of Mr.. MarshalPs good
reputation, but he denied that his at
torneys had boosted of his lienage.
He said his father was the Rev. John
r.. Marshall, who came to Wilmington
a confederate soldier and who had lived
here and has the respect of the entire
community. He appealed for a reduc-
ton of the bond.
District Attorney Bernard defended
Commissioner Collier as acting wisely
in his discretion, and reminded the at
torneys that they could appeal to
Judge Purnell for a reduction Of the
bond.
Mr. Spears also spoke again and
there were some lively passages be-
tween him and Mr.. Rountree.
Mr.. Rountree spoke very earnestly