Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-06-23


There on that happy. peaceful! shore
S. Wen ride this earthly train no moro.
The Indictment and Trial Of Mr. Davis
Every item connected witliithe trial Of Mr..
Davis, naturally interests the public mind of
the South. We have, therefore, coHatcd. from
the "aNational Ihtelligenccr," a statement of
the case as it at present stands.
Mr. Davis has been indicted under the act
Of 100, the penalty of which is death, and
this Indictment was found by the Grand Ju-
ry in the United States Circuit Court at Nor
folk. Had his enemies so desired, he might
have been tried under the act Of July 8 lst,
1861, for sedtious conspiracy, the punish
ment of which is fine, not over S5,00O and
imprisonment, with or without hard labor, not
over siN years.
One of the most important points is the
drawing of the petit jury, who are charged
with the trial Of tho prisoner.
The jury is to be drawn according to the
mode practiccd in the State for selecting ju.
ries for the highest courts of law, The num-
Der Of Jurors to be summoned is left to the
discretion of tho court. as at common law.
The act of July lG, 1862, rcpeals so much
of the a, of 1880 as requires, in case, pun
ishable with death, twelve petit jurors be
summoned from the county where the offcnsc
was, committed. e.
Under the act of July 18th, 1862, no per-
son is allowed to- sit on the jury who was in
any degree of completely with the rebellion
This is an net Of controlling Importance, !: be-
cause it insures that the trial shall be before
loyal jury. FL,
Mr.. Davis cannot be tried by any of his coo-
fedcratts His fate will rest entirely with his
political opponents.
The jury must be unanimous, or there can
be no verdict This is the invarabc rule of
common law, and has oxisLcd time whereof
themcmory Of man runncth not to the con
trary. ,
The presiding judge can rule authoritativcly
on questions of evidence as they may arise in
the progress Of the trial, but as the Jury al
ways, in criminal cases, return general YER
dict of gully, they are practically the judges
Of the law as we'll as the fact, aud there is no
appeal from their decision.
The trial can only end in ono or three ways:
I. By verdict Of guilty.
2. by verdict of not guilty.
3. BY the inability Of the jury to agree.
In the event Of this third alternative arising
the first question which will arise is whether
Mr.. Davis will be entitled to bail
The Constitution provides that in all
criminal prosecutions the accused shall enjoy
the right of speedy and public trial"
The determining whether Mr.. Davis, after
more than years close imprisonment, would
be considered in the event of the Disagree
ment Of the jury, to be discharged on ball.
wouldbe a question of legal discretion, to be
determined by the Judge.
BY the celebrated ha6cas corpus act Of 31st
Charles III, it was proved, 6, /" that every per
son committed for treason or felony shall, il
he require it, the first week Of the next term
or the first day Of the next session Of oyer ant
terminer, be indicted in that .crm o.. session
or else admitted to bniI, unless the King
witness cannot be produced and if not III
dicted and tried in the second term or session
he shall be discharged from his Imprisonment
for such imputed oifensc.
1t is not likely our Judges would take les.
favorable view of the prisoners application
than in the rule furnished by this statute.
The serious question would be, how man,
terms Of the court have passed. since the pris
oner was fret arrested? His counsel woule
in all probability contend chat BY ihtendnion
Of law, United States courts were hodihe
their. regular terms for the last twelve months
in the State Of Virginia, or at least might have
dono. 3a,X .1't
a further provision of the Constitution
might perhaps also, in. the event Of disagree
ment Of the. jury, be invoked ih behalf of tho
prisonpr-that one which sets forth as follows
s.nNor shall any person be subject, for. tic
same ogepse, to be twice putin jeopardy. Of
life or limb2's '- ..n~sls III
The.meaning Of Sthisruio is, that a defend,