The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-06-14
The stategvs.T. ,. nobertson.

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stick and a pistol, made an assault
upon one John Myers, near the
Court House, in Columbia, whilst
the said Myers was seated on box.
Myers succeeded in rising and getting
the stick from Robertson. Robert
son then pulled his pistol and shot
Myers. For this offence he was in
dicted. The community were indig-
nant at the outrage, and, if the mat
ter had TO be sent to jury, it was
very evident that Robertson would
have to pay dearly for his vengeance.
His able counsel saw clearly this
state of thing and had conference
with the Solicitor, in which he pro-
posed to drop the aggravation of the
intent to kill, and that he robert
sony would plead guilty to the rest of
the indictment. The Solicitor con-
sented, as the aggravated nature of
the case could be shown to the Judge
equally we'll by affidavits. Afidavits
were, therefore, prepared by both
parties. and submitted to Judge Daw-
kins,. at the March term of the Court,
1867, before he passed sentence. AS
to the purport of these affidavits, it
is only necessary to say that Judge
Dawkins charged the defendant that,
if the pistol shot had proved fatal,
he Robertson) would undoubtedly
have been guilty of murder, and,
secondly, as the case stood, he would
feel it to be his duty to imprison him
but for the horrid condition of the
District Jail. His sentence was that
Robertson pay fine of $500. From
this there was no appeal, but Rob
ertson offered the Sheriff old. bills of
the Bank of the State in payment.
These were refused. An issue was
then made up between the parties in
terested. and an agreement entered
into, by which the Sheriff was to be
ruled by both parties at the next
term of the Court, and in considera-
tion of said agreement, and that the
Sheriff should not make levy and ad-
vertise his property for sale, the
said Robertson agreed in writing
to have the money forthcoming ac-
cording to the decision of the Judge.
The motions were ably argued ON
both sides at the fall term, 1867,
before Judge Moses. The Judge de-
cided that the Sheriff was right in
refusing the bank bills, and that he
should collect the fine in United
States currency. Strictly speaking,
Mr.. Robertson was bound here, by his
own agreement, to pay up the money,
but suppose that he had right to
appeal. He did appeal, and the
questions involved were again elabo-
rately argued before both the Appeal
Court and the Court of Errors, and
every point decided against the de-
fendant. The decision of the Appeal
Court was delivered about the Goth
December, 1867. Certainly Mr..
Robertson was now bound, if not by
the law of the land, Ito which he
probably does not consider himself
amenable, at least by his own writ
ten agreement. now in the hands of
the Sheriff. This would be the abso-
lutte conclusion of any mind not 80
radical as Mr.. Robertson's. Such
was not the case, however. He now
appeals to the military in Charleston,
and. by ear parte statements, succeeds
in obtaining an order prohibiting the
Sheriff from proceeding in the mat
ter until further orders. This order
was issued early in January last. For
four months the case was under the
consideration Of the military authori-
ties, and at last, on the 5th May, an
order was issued from district head
quarters authorizing the Sheriff to
collect the fine in bills receivable of
the State.
Now. indeed, it seemed that this
matter was at an end. Three Courts
had decided against Mr.. Robertson.
General Candy, after four months
careful consideration of the question,
had decided against Mr.. Robertson,
and the very day for the making over
of the money had arrived. Still
Robertson declares that ne does not
intend to pay the fine; that he never
will pay the fine; the law may COM
mand him, General Canbv NAV COM