The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-19


morrow morning at 10 O'Clock. and
the court adjourned.
Thursday, August 10, 1900
Chief Justice Pearson and the Ku-
KiuX.
1t has been understood for several
days that Governor Holden. in order
to defeat the purpose of Judge Brooks
in giving to the parties arrested by
HoldenS order the benefits of the
habeas corpus under the 14th Amend
ment of the Constitution of the United
States. had appealed to Chief Justice
Pearson to return to this city, in order
that lie might surrender those of the
prisoners who applied for the benefit
of the writ to Judge Pearson, to him.
The delay of Judge Pearson led us
to hope that he would not further in
terfere in the case, until by possibility
the matter come before him in regu-
lar session of the Supreme court.
These and other cognate matters must
come ultimately before that court and
it strikes us that the ends of justice
might be better secured, under the
circumstances, were he to stand aloof
until that period. Moreover. he had
been so completely broken down and
apparently frightened from his pro-
priety by Holden. we had supposed
that having exhausted all powers of
the court" as he alleged, the writs
had become functus officiO
The injured citizens of Alamance
and CasWell had applied to him in
vain for relief. and despairing of it
from him. their final appeal was to
Judge Brooks. of the q. S. District
court, no longer hoping for or desir-
ing further, the aid of Judge Pearson.
I'm
we were mistaken. Chief Justice
Pearson, we learn, came down last
night, and it is understood at the in
stance of Governor Holden, he has
undetermined to revive the writs, and
has ordered the prisoners heretofore
named, to appear before him In Cham
bers today We learn that that por-
ton of the prisoners arrived here af-
ter o'clock j. IN.
The rest Of the prisoners. those not
included in the writs sued out before
Judge Pearson, we learn. Will appear
before Judge Brooks at Salisbury, to-
day. The case is an anomalous and
singular one. To us it approaches
very nearly the ridiculous. What
Judge Brooks Will do in the premises,
we are not able to say. We hope. that
the whole affair will soon terminate
in the full vindication of the right, of
its justice asld law, and to the utter
discontinue and punishment of bad
man.
p. S.-Since the above was in type,
we have received the following cor
respondence. Let the reader call to
mind the previous history of the case.
Judge Pearson may attempt to throw
all of the responsibility of the delay
upon Governor Holden. but the peo-
pie, and posteriy, will hold him to
the full extent of the obligation his
official position imposes. 1t now looks
very much as if Judge Brooks had
resurrected the Writs which Kirk fail
ed to return.
Executive Department.
State of North Carolina,
Raleigh, Aug. 10.
To Hon. r. M. Pearson.
Chief Justice Supreme Court of
North Carolina:
Dear Sir:-In my answer to the
notices served upon me by the Marshal
of the Supreme Court. in the matter
of AdolphuS c.. Moore and Others eX
parte. l stated to Your Honor that at
that time the public interest forbade
me to permit Colonel George w. Kirk
to bring before Your Honor the said
parties at the time 1 assured Your
Honor that as soon as the safety of
the State should justify it, 1 would
cheerfully restore the civil power and
cause the said parties to be brought
before you, together with the cause of
their capture and detention
That time has arrived. and / have
ordered Col. c.. w. Kirk to obey the
writs of the habeaS corpus issued by
Your Honor. AS the number of pris
oners and witnesses is considerable, |
would suggest to Your Honor that it
would be more convenient to make re-
turn to the writ, at the Capital in Raj
eigh. Col. Kirk is prepared to make
such return, as soon as Your Honor
shall arrive in Raleigh
With great respect,
w. w. HOLDEN,