Wilmington Journal

Testimony of Col. Bergen,
We take the following from Bergen's evidence before the Outrage Committee:
Question—You say you were discharged from jail by Judge Bond? A. Yes, sir.
Q—How was the order applied for? A. Upon a writ of habeas corpus.
Q—Were you brought before him? A. Yes, sir.
Q—Who obtained the writ for you, who was your agent? A. I sent my brother-in-law, Capt. Winner, to Baltimore to ascertain if Judge Bond would come down and hear my case on a writ of habeas corpus, citing the facts of the case. I believe Capt. Winner bore a request from Gov. Holden and several other gentlemen in North Carolina.
Q—To Judge Bond? A. Yes, sir.
Q—When were you discharged? A. Upon the 28th of November.
Q—Did he suspend his decision all that time? A. I suppose he did.
Q—Do I understand you to say that in August Judge Bond heard your application for a discharge upon a writ of habeas corpus? A. Yes, sir.
Q—And did not make an order for your discharge until the following November? A. Yes, sir, two and a half or three months after I had been put in jail.
Q—How were you informed of your discharge? A. By the deputy Marshal, between six and seven o'clock, p. m.
Q—Were the parties present who sued you for false arrest and imprisonment, Turner and others? A. I do not know.
Q—Was any testimony heard at all? A. No, sir.
Q—None whatever? A. Not in my presence.
Q—Were any affidavits read? A. Yes, sir.
Q—Those were all against you? A. Yes, sir.
Q—Were any read in your behalf? A. Simply my own affidavit.
Q—That was the only one? A. I think that was all.
Q—There never was any further proceeding in the case? A. Not to my knowledge.
Q—Until you were discharged? A. Yes, sir.
Q—How many men did you arrest without warrant in Caswell and Alamance counties? A. Do you mean by order of Gov. Holden.
Q—You say you arrested by his orders; how did you arrest them? A. I sent out and had them brought in when I found they were members of the Ku-klux-klan.
Q—Did you arrest Josiah Turner, Jr.? A. Yes, sir.
Q—Was he a member of the organization? A. I arrested him because Gov. Holden ordered his arrest, I had to obey his orders.
Q—You arrested those men at your discretion? A. Yes, sir.
Q—Without warrant? A. Yes, sir.
Q—What was your anxiety to escape from North Carolina where you were arraigned to be tried for those acts? A. I had no particular desire to lie in prison any longer, and I was anxious to get to my family.
Q—Are you going back to stand trial on these charges? A. I do not think I will, though at the same time I do not think they could do anything with me. Everything I did was done according to the orders of Gov. Holden. He made certain representations to me. If they were false that is not my fault. After I was thrown into prison Gov. Holden did not come near me. I saw him but once during the time I was in jail, and yet I was in sound of his dinner bell the whole time.
Q—Did he repudiate your acts at all? A. Not to my knowledge, except that I see in the replication he has filed in the matter of his impeachment he denies having ordered me to arrest Josiah Turner, Jr.
Q—Did he order it? A. He did, most emphatically.
Q—Were his orders to you generally verbal or written? A. Generally verbal.—He simply ordered me to arrest men of whom I had any evidence at all that they were members of the Ku-klux Klan, and to hold them until I had further orders from him; which I did.