Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-03-09
COURT WEEK.

COURT WEEK.
The Spring Term Of our Court commenced
On Monday last, his Honor, Franklin J. Noses
of Sumter, lhe,newly elected Law Judge, pre-
siding His Honor wears the robes of Office
with the ease and self possession of veteran
jurist. aud by his ability. courtesy and urbani:y
swimming golden opinions from the Bar.
Vhere was o full attendance of Grand and
Petit Jaries at the opening Of the Court Dr.
y. s. Reed was appointed Foreman of the Grand
Jury, and N. McCants, Esq, and DR.. Geo.
W. fressy toremen of the respective Petit
Jurles. Owing to the absence of witnesses
from prev vaiing impression that there would
be no Court, the Juries were dismissed until
Tuesday, and the remainder OF the days ses.
sion employed in sounding" tho Dockets,
disposing of cases which had been settled, or
abated by the death of parties, and granting
necessary orders. Owing to the tendency of
the war, and the operation of the Stay Law,
these cases have been continued for nine sue
eessive'terma, as q matter of course, and begin
10 assumo quite an antiauated look. Many of
them are merely the ghosts Of their former
selves, and with scarce vitality enough To keep
their places on the Dockets, and with all their
bristling beiiigcrepce, will melt away at the
first breath OF hostile litigation.
On Tuesday. the Solicitor, J. 2. Reed, Esa.
submitted to the Grand Jury various indict-
mfnts for receiving stolen goods assault and
battery, DC, in which "true bills were found.
His Honor, in the address to the Grand jury,
congratulated them on the restoration Of civil
law. and ;,he inestimab!e privileges of Jury
trials He paid deserved tribute to the gal
1antry and selfsacrifice which had been exhib.
tied by our time bonored District in the late
war, and expressed the conviction that her cit.
liens, in the same manly spirit, would yield
ready acquiescence in the result. and endeavor
10 make the best of the situation. Peace had
Its victories as we'll as war, and cheerful cup.
port of the Government is now the best evil
.depce. of good citizehship-habi,s Of uptiring
industry the true baris of all excellence, and
the only mode Of restoring our past prosperity.
As the grand inquest of the District, sitting
after long interval, it was their duty to su.
.pervise. the copdition of the public Offices and
the conduct Ct public functionaries, and pre-.
sent all public abuses ard kno ~n Offences.
The Criminal Dockets presented 20 cases of
serious. character or general interest and were
generally. continued on account of tho .af,sepce
of witnesses. Various indictments for viola.
,tions of the statutory provision in relation to
1.-THE planting of cotton during the war were
discontinued. In connection with an indiet.
ment for illegal distillation during the war, the
Solicitor remarked that there were more thnn
one hundred and fifty similar cases pending on
the Circuit and which he intended to prosecute
with his whole vigor. in order to save tha State
at lenst from the accumulated cost, which
would amount to at least $4,000.
On Wednesday the remaining criminal caseo
were continued. end the juries discharged.
The Grand Jury made their Presentment,
and reserved the thanks of The Judge for
the faithful manner in which they had dis.
charged their duties. An interesting cnse was
.shen elabosate1y argued by Messrx MCGOWAN
and Noble, which involved the discussion Of
the. right of the bail to surrender their princi.
pal through an ageut-the duty OF the Sheriff
ia. receive prisoner when the Jail is in the
occupancy of the military authori,ies-the
application of tho Stay Law Of 1851, and
other acts prior to the act of the last Session.
to +erts aad trespasses; this case being one Of
that character, and issued before the passage
of the last Act--also. the constit uiionali:y of
the Stay Law. Upon this last point his Honor
expressed no opinion, but decided that torts
and trcspasses were not embraced within the
scope of the various Stay Laws, and that the
action was we'll brought dnd the arrest iusti.
:fed-that whether or not the Sheriff. under
the circumstances. could have been compelled
TO receive the prisoner, he was concluded by
his return end in the view Of the Court the
prisoner was in his custody.
j. b. Wilson. Esq presented on behalf OF the
.Abbeville Bar q preamble and resolutions which
had been adopted, as tribute of respect to the
memory of its deceased members, Hon. J.
Foster Msrshall, Col. James III. Perrin, W. C..
Davis, A. H. MCGOWAN. and John G. Baskip,
and. after a few well.timed and judicious re.
marks, moved that thay be entered on the
jousnsls Of the Couvt. The Judge. then res.
.ponded in feeling and eloquent manner.
Gen. McGowan returned the thanks of the
Bar 70 his Homer for the ability, kindasas and
% .prtsy with which be had discharged, the dutis,
oftbs Term. T6e-C6uh was then adjournsd.
qaE LECTURE Tomorrow EIaHr We take
pleasure in calling the attention Of our readers
to.ths advertisement Of the Lecture to be do
lixered iu. the Court House Tomorrow night
on ,"'Ths Constitutional Test Oath, apd the
Claims. Of Southern Representation" by Col.
J'W. R. Pope. The Lecture was originally
delivered in Augusta, Ga, at the solicitation Of