The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-24

THE UNITED STATES MARSHAL FOR THE DIS
TRIcT OF SOUTH CARoLNA.-In former issue
we published the fact that DR.. Thomas Sim, @
Scotchman and ex-United States Surgeon, had
been nominated by the President to supersedc
Mr. j. P. NJ. Epping, the present United States
Marshal in this State. Several days have
elapsed, the Senate has not acted upon the
nomination, and meanwhile, we have obtained
copies of certain interesting documents which
sufficiently show one of the causes that have
been ut work to effect the proposed change, to-
gether with the counter-eforts by the friends
OF Mr. Epping to keep him in his present posi-
ton.
Tho first paper which We publish is depo-
sition by Mr.. Epping, showing by what author
ity he received and applied the sum of four
hundred dollars obtained from certain parties,
and is as follows:
STATE OF SOUTH CAROLINA,
District and City of Charleston.
Personally appeared ]. P. NJ Epping, United
States Marshal for South Carolina District, who
being duly sworn makes oath and says, that
at the United States District Court at Green
| vile, S. c., for August term 1867, Frank Ar
MIN, G. R. Crump and W. B. Davidson were
| tried and convicted Of violation of the United
states Internal Revenue laws, and were SEN
fenced by his Honor Judge Bryan, presiding,
to pay fines and costs amountinr to S12 400, or
| be imprisoned twelve months each The jury
having recommended the prisoners to mercy
after the sentence, the defendants. through
their counsel, Governor Perry, General Gary
and General Esley, drew up petition for a
pardon, which was signed by the Judge and
| tlo '1a ,aI &ho
quest Of the defendants counsel, then stated
in open court that although he had no direct
power in the matter, he would recommend tho
Marshal to give the parties little time to OBJ
tain the money, and that he would not press
him (the MarshaD until January, 1868, to exc
cute the sentence, if the parties would give
! good and sufficient security for their forthcom-
ing at that time, or the payment of the fines
and costs. This being assented to by his
| Honor Judge Bryan, the parties we're tempora-
rily released by me, upon making deposit OF
$400 to meet extraordinary and eventual ex-
penses such as the expenses of defendants
Witnesses their possible rearrest or counsel
fees, and upon having given notes, with good
endorsers for the fines and costs.
| When the time OF payment came, the parties
produced full and unconditional pardon from
| the President although partial pardon had
only been recommended by the Judge and
| jury.
rule has subsequently been sned out
against me and the defendants by the Dis irlct
Attorney, for the informer's share, holding
that tho Presidents pardon cannot, under the
circumstances, relieve them from the same,
and I have employed the Hon. C. 81. Slmonton
in my behalf, and the Hon. W. D. Porter
has appeared for the defendants.
J.P. N. EPPING,
US. Marshal South Carolina District
Sworn to and subscribed before me this 18th
day of Eebruary Ammo DOmni 1888
DANIEL HORLBECK,
Commissioner and Clerk OF United States
Courts for South Carolina.
OFFICE G. aud D. COURTS U. S. FOR So. CA.
1, Daniel Horlbeck, Clerk OF said courts, do
hereby certify that I have read over the two
preceding pages Of paper and find the state
ment corresponds with my recollections.
Witness my hand at Charleston this 18th
DANIEL HORLBECK.
&C. aud D. G. U. S. for So. Ca.
The statement of the Marshal, relative to
what was said by me in court at the time of
the passing Of the sentence in the case above
referred to, is substantially correct. said
would not rule the Marshal tor the money be-
fore January next, but do not remember that
I said anything about the execution Of Sen
tence." ID. L. CORBIN,
CHARLESTON, S. c., February 13, 1868.
The foregoing statement of Marshal EppiDg
having been carefully cad by me- 10 fur as my
recollection serves, find it to me entirely
faithful and correct.
GEO. S. BRYAN,
y. S. Judge District South Carolina.
Il will be inferred from The above that an
effort was mado by outside parties to show
that Mr.. Epping had improperly received the
s4O0. The deposition and endorsements are
OF course clear rcfutation of the charge.
The following letters are from Governor Orr
and Judge Bryan, and explain themselves:
(coPY.)
EXECUTIVE DEPARM'T, SOUTH CAnoLINA,
"a CHARLESTON, 17th January, 1858.
S1a: I have learned that efforts ale being
made to remove j. P. NJ. EppinS from the posi-
ton Of United States Marshal for SouthCaro-
lima.
/ beg to say that Mr. E. has discharged his
duties with great promptneSs and fidelity since
his appointment. SO fur as I know, or have
heard, he has given satisfaction to the court,
and TO the great majority the members OF the
bar in this State in the performance OF the duS
lies Of this Office, and his removal, i'll view OF
these facts would be unjust to HIM as public
officer. Ihave the honor to be,
Very respectfully, your obedlent servant,
JAMES l.. ORR,
Governor OF South Carolina.
To His Excenoncy President JOHNSON, WASH
ington, D. e.
Approved GEO. s. BRYAN, u S. Judge S. c.
(coPy.)
CHARLESTON, S. c., January Is, 1868.
DpO,- Siys. If has come 10 nv knowledge TINT