The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-04

TIE STATE COURT, Hon. R. B. CARPENTER,
PRESIDING "Wednesday, March 8, 1s6e-Is THE
GENERAL sEssIoSs.-Ihc State vs Gabriel Levy, in.
dictment for murder, which to have been tried.
was, on mo lion of the solicitor, postponed in conse
qu.nce Of the absence of a material witness Fee-
ruary Ora mt and Toby ell indicted tor larceny
and defended by r. ". Seymour, Esq. were found
guilty. The Grand Jury made the following pre-
sentiment, and were discharged unit, this morning,
at haif-past ten O'Clock (:
The Grand Jura CT tharleston County, for the
February term of the Court OF Common Pleas and
General sessions siUce their last presentment, hav
ing had brought their notice by certificates and
reports of parties the condition OF the ads and
Bridges of St. Johns Berkeley County, pre- Mt the
same a nuisance. and, in many cases, im.assauie
anu da' gerous, more especially the points heren
after named
On the River Road east side OF Cooper River the
brid, ,es on Tiger swamp; Mepkn Bridge; small
bridges between strawberry and ',ig;yin Church:
large bridges across Wadb9o Greek; hill ON river
bank strawberry Ferry; hill at Bigln Church; on
the road west Of Cooper vcr bridge at twenty six
mile post; bridge Deep Fun; portion of the
road; OH Copsaree Road from Monck's Corner to
Black Oak, aid Gu 10 upper It. Johns; tour large
BRIDES on long causewuy: bridgc coss Santee
Canal; four large md es across F. r0usonS swamp.
aud cluscway at So.ncisault Greek; Oh road from
Black Oak to Bonueau's Depot; the briuge ucro-s
Poshee swamp, and about one mile OF the road in
bad condition. the River Road south >lde II san
tee River; hooks PrldScs GiTnilats Bridge; h rse
Ne K Bridge: GIsr alaud swamp Bridge; Booker
Branch Bridge.
These brid :es are oil on lublic rol1s leading to
tho sevo o. depots on the NortheIsterD Railroad and
to summer settlements, and vcrv important to the
travelling puo,ic, aud he road have nos been work
ed nor the BRIGGS repaired for nearly two years
and for the st tour years very imperiectly done.
We make tho following report on that portion OF
our previous presen mo 1t referred 10 us:
That on the eve OF the recent elccIlon in the City
Of harles ston in November last the sheriff OF this
county org uzed o body OF m n for the purpose of
attending the polls 10 the number. ns slate b. hn-
self OF about twenty. to whom he gave written aud
private appointments as SPECIAL d puies Cfthe
sheriff, aud whom rc designated as such by i-suiog
to ihcm badg 8, consisting OF 10th, stamped with
tao ,rls Special D,puiv Sheriffs
The Grand Jury sec III this action OF Sheriff Msckey
gross abuse IF the Office of sheriff and OF the
p wer allowed bim by law to appoint pu les to
assist him in the performance f his duties as sheriff
BY the at of 1859, section VIII, he my appoint
re.ullr deputies, whose duties arc coniien to the
bonds prcscr bed to the sheriff himself and he mIv
alpoin, 'such speca deputies" ds the exigencies of
his business NY require "ioe Wuose c1nouct ne
brings the SUPERVISION OF Il c'ectIons Of tue city
within the duties. authority or tu.lness Of the
sheriff.
On the contrary, the whole theory Of the constitu-
tion and the provision Of The election Laws, p.are
tue entire responsibility and AUTHORITY OF conduct
ing the election and OF preserving order at the polls
upon the MANAGER o. elections. he niture Of their
res, ons by excludes the idea of auy scnolance OF
divioed responsibility, even IN preserving the
peace. They the manasers) have the unliritcd
bower of immediate arrest without warrant and Of
sending to Jail any person who IN any nanner inter.
feres vi the election. There was. therefore noe
only NO occasion for the assistance Of the sheriff aud
his deputies, hut thee was no place for them IN Tho
election except as pri ats citizens, entitled TO cast
their votes and 60 q "ay ON the polls.
The presence of body Of men, clothed with the
voft4 Ne ah riff 0f he o.
caicu ated necessarily to exercise an irregular,
undue and mischievous influence on the election.
Tho official character given them by the sheriff in
this iustsnre, we are forced to believe. must have
besn intended to voters ut the polls, IN we
therefore present Sheriff E. W. 81. Mackey for an
abuse of his Office and authority as sher1f, ca cua-
ed necessarily TO mike the Office on instrument OF
ter or and oppression TO bring 1t Into great dis
repute iu the eyes of the public to the serious detri
ment Of the co pmunlty. We also present him for
disturbing the recent election III the Cit' o. Charles
t,.n bY sending q bady oil men to attend the polls,
clothed with his oficI'l charactec. The testImo ony
adduccd before us shows that the conduct OF this
force Of snor f's deputies. ut the polls. establishes
the pa tisau Character Of it's appointm ns. and con-
| tradict. entirely The instructions which some Of
them am 10 have received from Mr.. Mickey. nnd
the plea upon which lie Gefends their appointment.
Many Of them did not keep the peace or good or.
der or preserve the pu1ty OF the election. 'tn the
contrary, armed with cubs. they mingled with the
GRO about the polls, identified themse elves with
those other culocd men who also app ,arcd armed
with cubs and wearing var ous co,orcd bIdgos aul
whom Ar. Mackey oesilnates as "RcpU lteau Hal
lie. s. ned in the interference win and iutimid,
ton of color ed voters, and cased such disturbances
Of the election. as to J.. ing Its viIidity i'll question
aud winch, but .er The obc rance OF the whito clt
zens OF sr:estou. must have reJulted III ood.hci
We crescent the names OF James n. Haync, -
I Green. - singleton, who have been brought to
our notice as disurbjp9 the election aud ask ior in
| dlc,ments asairst sheriff E. W. NJ Mickey AMI the
| above na, ed parties. wo further recommend thai
~. +. G.. BarSer, O. Il Miles and JdmcS t.
% ess- -, J., -.ap!oyed as additional counsel ou the
| part of the Sta.e
LLIAM G. THILDEN Foreman.
Charleston, March l, 1869.
The court atel that so much of the pres ntrnent
as referred to the retaini-g Of assistant couns for
the State seemed to cast reflection upon the Stale
officers who had mover as yet given any ground for
such nu imputation and who were fully able to
present. tue State. Tint the lax made m provision
for the appointment Of assistant couns l. and that
noue would. therefore, be appointed. The solicitor
was ordered to have e Indictments in the cases
prepared this morning to be submitted 10 the grand
Jury. The court then adjourned.
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