The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-02
The Court OF Examination i'm tho Cases o.
Jack Bresnj Henry Sheppard, John Mel
\ viIio hnd benjamin Wayne, colored
Charned with Larceny of Cotton.

The Court OF Examination in tho Cases Of
: Jnok Brown; Henry Sheppard, John Mel
Mlio hnd benjamin Wayne, eolored
harged with Larceny OF Cotton.
The following curious und exciting scene in a
Justices Court, where lawyer refuses to plead
under symbol ola. Confederate fng, we tako
from the Savannah Ne,cs d Herald of Tuesday
last:
Pursuant to o demand Of defendants counsel in
the above cases, Justice Isaac NJ. Marsh convened
Court Of Examination in the above entitled causes
at 10 O'Clock on Yesterday morning. Pending the
hour tho prosecution stated that thoy would not
be prepared to 20 into examination t 10 o'clock
A. NJ, and craved the indulgence of the Court at
sultation with Mr. Phil. NJ. RUSSELL Jr., one of the
Faittorneys for defence, assigned o'clock as the
hour.
At four o'clock the prosecution, represented by
S. Yates Levy, ESQ.,, anu Major John c. Ferril
and tho defoace, represented by Phillip NJ. Rus
sell, Jr., Esq, and f. S. Hesseltino, Esq, were
At ii o'clock Mr. P. NJ Russell Jr., addressed
tho Court upon tho questions involved and the
hardship of tho cases, and craved an immediate
hearing.
S. Yates Lcvy, for tho prosecution, resisted tho
position OF counsel pending the deliberations OF
the Court. Col. Hcssotine protested as one IT tho
attorneys for dofonce to appearing before tho
Court, alleging as cause that the Court had srs-
pended picture Of Confederate hag In tho room,
and at some length spoke to the propriety of a
Union citizen condescchding TO appear Ill Court
under such colors. We would here remark that
the picture in question was small steel engrav-
! ing, illustrative of the Rev. Father Ryan's cec-
brated poem of tho Conquered Banner" which
Justice Marsh had hung upon the wall until even
| ing, that he might take it home.-REroRTEB.
Col Hesseltine, counsel for the defence, stated
that he never fought under that daS, and That he
would not appear IN AMI Court room where that
| flag was suspended.
| At this point OF the discussion he was interrupt
| ed by Mr.. S. Y. Levy, the counsel for the State
who arose and stated that ho "could not see what
that matter had to do with the question at tho
| bar but that he could well sympathise with the
opposite counsel (Mr. Hesseltine) as, from the
past history Of that flag he could easily conceive
| how Objectionable the sight OF it must be to Mr.
Hesseltine" Mr.. Levy then stated that ho would
| leave The Court until this important matter could
be settled with the presiding Justice and he &C.
cordingly left.
AS tins stage of tue proceedings, Justice Marsl
stated that thcro was not tho slightest disrespec
intended, and that tho court certainly meant nj
offence whatever; he disclaimed any intention OF
his palt to do anything wrong, or TO offer any i'll
suit whatever. The small memento was then takel
down, and nothing but the American fag flying a.
the rear Of picture of the San Jacinto" was left
ut which no objections we're made.
Mr. Phillip NJ. Russell, Jr., thereupon addressed
the court acquiescng in the request of the States
counsel for postponemont of tho case, and sug-
gested recess until hafpast four, to the end tha
tinlo might be given to oil parties that justice
should be mcted out to all concerned,
At four and q half o'clock the case was agair
called, The testimony of tho State not appearing
although several officers had been dispatched tc
secure the testimony, the counsel for the defence
mr. Russe} argued at some lcnsth upon the
power anu duties Of tho Court under the laws O
the Constitution, md i'll conclusion moved the dis
charge of the prisoners at the bar.
Col +. S. Hcsseltine, the asso.!ate counsel To-
the defence, followed, and ut somc length reviewed
the case, making some remarks regarding tho mil
itary powe of tic Unitel States, claiming that Ii,
was there AZ citizen Of Georgia, to claim tn
protection of the law, unawcd by bayoncts, ant
not MS u compulsory means.
This speech occasioned qIte sharp retort iron
Mr.. s. Y, Lovy, in which he hell up tue incoas;s-
tency of Alr. Hesseltne's claim to citizenship O
Georgia, and re .iewcd very sdrcasticaly his politi
cal allusiui,s as being napplicablo 10 the case.
Mr. S. Y. Levy's speech WAS followed by MIR
Philip a. Russell, Jr., the counsel for the defence
who concluded the argument. He utterly ignored
the arguments OF both counsel as to political mat
tcrs; hc contendcd that the question of flags, sec
tions or governments vas matter altogether for
eign to Io dutias of the Court. He then move
tic consideration Of his previous motion for dis
charge OF the prisoners.