The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-07-21

PROVOST CoUnT, July 20.-This was a hot and
tiresome day in the Provost Court room. The
docket was long and the examination of the wit
| nesses tedious.
United State John Watson (colored)-As-
sault and Battery and resisting the Polce-The
prisoner in this case was proved to have com-
mltted brutal assault on Thomas Jenkins fcol-
ored}, and to have resisted the police when they
arrested him. He was fined 500, and sentenced
! to sixty days. hard labor on the streets
| By far the most important case before the Court
to-day was that of the United States Us. Poinsett
Simmons, Alick Murphy, aud James Richardson
(colored) for vagrancy. 1t is the first case tha {
| has been brought before tie Court under the Or
der of Gen. R. f. ScoTT, known as General Order
No. 8, and this order Affects materially the in
terests of the whole State the result of this first
effort to enforce it judicialy is a matter of some
| Importance
The prosecuting witnesses were two gentlemen
from Boston, who are cultivating a farm in Christ
Church Parish, on which the prisoners were ac-
cused ofloaing. Major O'BnIEN, U. s. A., the post
commander at Mt Pleasant, appeared as prose-
! cutting officer in the caee, in which he seemed
| to take much personal interest.
The prisoners We're represented by Mr.. ". J..
Whipper, colored attorney from the State of
Michigan, who has been practising in this Court
for some time past.
The evidence elected was too voluminous and
too rambling to justify it's publication in full, but
the substance Of it can be given in a very few
words.
The witnesses produced were the Boston GEN.
tlemen before mentioned, n colored foreman or
driver, and several colored laborers from their
| farm. The two white mon testified that Poinsett
simmons had been constantly on their place since
they hrst took possession; that they had never
employed him, and that he had not during all that
| time, to their knowledge, had any visible means
| OF support OF the two other prisoners they had
discharged one the Cd inst. and one on the 10Th
inst, and that since those dates respectively thew
had remained loafng about their farm, without, as
far as they could see, any visible means Of SUD.
port, and had carried firearms, and had used
violent and abusive language.
The colored witnesses testified that Poinsott
Simmons made baskets for living, aud that he
had wife living on that place, al that the other
prisoners had small crops of their own Oh the
farm.
This evidence was all on the part of the prose-
oution, and the counsel for the prisoners, think
ing that it did not prove the offence charged,
moved, on that ground, for dismissal Of the
case. The Court unanimously overruled the mo-
tion, and the counsel for the prisoners then
moved for continuance Of the case on the ground
that his clients had been arrested suddenly, and
had not had sufficient time to prepare for trial.
Major OBRIEs then stated to the Court that he
had serions objections to the continuance Of the
case; that he believed the colored witnesses al.
ready produced had been intimidated by threats
OF personal violence, and that he did not wish
! time granted the prisoners to frighten or suborn
other witnesses to enable them 70 escape from
justice.
The counsel for the prisoners then withdrew bis
motion, and proceeded with his argument. He
grouped skilfully those points Of the evidence
which favored his clients, and claimed that tho
prosecution, by their own showing, had not estaa.
'ishedth charge OF yagrancy. He alluded to the