Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1858-01-30
An Important Decision.

~ By rcferenceto the decisions of the Su-
preme Court, recently pronounced at Sa-
Sannah, twill be seen that the judgement
softhe Supreme Court in the case of Lcmu-
Eel Dwelle, Sr,, VS.. the Inferior Court of
Richmond county, was reversed We are
not in the habit of either commenting upon,
placing before our readers in full, through
the columns of this paper, the decisions of
our courts. But in this instance we feel
disposed to depart from general rule, and
call public attention to the facts OF case
in which this community feels deep in
terost. And We are the more disposed to
do SO, inasmuch as the point decided can
not fail to prove of interest to our readers
generally. In doing so, however, we de-
sire to state that we do not express any
sentiments of approval or disapproval of the
decision either of the Circuit Judge or the
Supreme Court.
The case arose out of the following facts
At the last April term of our Superior
Court there were several important crimi-
nal trials The jurios impanneled to try
these causes, unable to agree, were confined
in their rooms in two cases, we believe
this confinement continued for some days
by direction of the Court, the juries were
supplied with necessary refreshments and
entertainment from one of our h Ntels. Af-
ter the adjournment of our court, the pro-
prietor If the hotel made out his bill, and
presented it to the Inferior Court, which
body refused to pay it, The proprietor
spD piled for mandamus requiring the pay
elt, and upon return to it the case was
a g led at the last October term of the Su-
pcrior Court. Judge Holt decided that
the Inferior Court should pay the bill out
of funds belonging to the county. The
decision of the Court, as we have been in
formed, was heard upon the grounds that it
is not only inhuman to imprison jury
without refrcshment, in the public service,
but that the day has long since passed when
their imprisonment was considered an adj
vancement or justice. The Court, there,
fore, argued that if it was necessary to the
proper administration of justice that they
should be confined, it was also necessary to
supply them with suitable refreshments,
and that as the administration of justice
in every county is to be provided for at
the expense of the county, the county
should pay for suitable and necessary re-
freshments furnished to the jury. From
this decision of che Superior Court an ap-.
peal was taken to the Supreme Court at
Savannah. As yet we have not seen tho
decision of the Supreme Court in full upon
the point, but understand they decided That
as refreshments were not allowed at COM
mon law, and our statutes have made no
change IN tho common law upon this sub
jeeti refreshments cannot now be supplied
at the public expense WhotheY right or
wrong, this decision is final, and must now
be regarded as the law Of the State. Those
of our citizens who are frequently called
upon to discharge the duties of jurors, may
hereafter look forward to a more rigorous
enforcement of the old English practice Of
starving jpries into the finding of their yer-
diets And if redress for the grievance
is to be sought, they must look % Che Leg
islqtpre 70 provide Che remedy,
Au91s$te CoasstitarioRalist.
III you would have m idea Of the ocean