The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-22

Clancey the case was referred to R. B. Carpen-
ter, Esq.
In re A. T. Salta, Thos. Myers and L. L.
Clyburn, bankrupts. The Judge approved and
confirmed the resignation Of W. D. McDoRan.
COURT OF GENERALi SESSIONS AND COMMON
PIEAs-HoN. F. j. MOSES PREsDNa.--The
court met at 10 AM. John Jenkins, charged
with the murder of Richard M. Brantford on
the Gath day of June, 1866, Was brought to the
bar Of the court to show cause why sentence
of death should not now be passed upon him.
The indictment and the sentence OF both the
Court of General Sessions and the Court of
Appeals was read by the clerk, and the Judge
passed the sentence Of death upon him, 10 be
executed on the 14th day Of February next.
The prisoner heard his sentence seemingly
without emotion, and he received the coaclu-
sion of the Judges remarks with defiant
smile.
The case OF Jack Moultrie, colored man,
charged with the murder of his son by beat
ing him to death, was then taken up. Before
the prisoner was allowed to plead Thee. G..
Barker. Esq, objected to the jury as being il
legally drawn, and not having been sum-
moned or impanelled by a lawful sheriff.
Attorney General Hayne stated that the jury
was drawn by an order Of the court, and, such
as it was, it afforded to persons confnsd for
crimes speedy trial. W. Is. HASTE has been
recognized as sheriff; his commission bore the
broad seal OF the State and he was, in every
point, sheriff de facto if not de jure.
Mr.. Barker said that If the members Of the
bar had acquiesced in this appointment, it
could not make Mr.. Hsstie a lawful sheriff He
was sheriff neither de Jtacto nor de jure and his
acts were illegal, and the jury drawn by him
could only sit as military commission.
Judge Moses said that the body before him,
summoned by the law Of South Carolina, bore
no resemblance to military commission. In
refusing to sustain the objection Of counsel, he
would only follow the example set by the courts
of the State from the highest to the lowest,
they having all recognized the power referred
to by counsel. If the state Of affairs were re-
versed, different conclusion would be arrived
at by all. II the prisoner should be acquitted
by the jury, at some future day, according to
the argument Of counsel, q bill could he pre-
sented by the grand jury upon the ground
that he had been tried by jury not known to
the laws of the State. In all civilized govern
ments the legislative power must be upheld,
and though an officer appointed be an intruder
he is nevertheless an officer de tdcto. When
this question came up, he would then decide
it. W.S. Hastie, the acting sheriff, has been
accepted and recognized, and will be 60 con-
sidered until some proper adverse proceedings
are begun. The condition Of the country, at
present bad enough, would be still worse If
the courts were closed. While living under
government of any sort, there must be some
Legislative power, and such power must govern
the community over which 1t rules.
The court would not sustain the objection Of
counsel, and it was overruled.
The trial of the case of Moultrie was then
resumed, Messrs, Conner, Porche- and Grim
ball appearing for the defence. After some
challenges from the prisoner q jury wall form
ed, the Attorney General objecting to A. F.
Gregory, the colored juror. The Attorney
General defined the crime OF murder, md in
troduced MIR. Mcclellan as q witness Tor the
prosecution, who stated that he was magis-
trate in Berkeley District and held an inquest
over the body Of the boy William MouiG:ie. who
was about fifteen years Of age, on the 4th OF
September. Jack lived some six miles from
his wife, who resided at DR.. Wagnel's. He
planted small patch, and the boy was in the
habit of bringing him provisions from luis wife.
He said the boy had been frequently dis
obedient to him, and impertinent to his
mother, and he had been threatening to give
him correction for some time. On this occa-
sion he caught him, and, after some struggles,
succeeded in tying him up to heam in the
house. He then drew bag over his head to
blindfold him while strapping him. The straps
shown to the witness was about one and
quarter inches wide, and the prisoner said he
gave him about twenty-five cuts. Seeing him
struggle, he cut him down and applied fresh
water, and then hot bricks, but the boy died
short time after. The body Of the deceased
was examined by the jury, and it was covered
with bruises from the back Of the ne,k to his
knees.
DR.. Wagner testified that the boy was dead
on the Sd of September. The mother noti-
fed him OF the death and asked Tor cart
to go for the body. Thinking that the death
was singular, he investigated the affair and
found that death had occurred from violence;