The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-10-25

DISCHARGE OF KERNA0HAN HIS EXPRESS
LESCY 0UTwrrTED.-TnE NEWS has mentioned
that several days ago Mr.. Robert Ecrnaghan, OF
Hamburg, South Carolina, was arrested by one OF
r. X. Scott's myrmtdons on trumped up charge
Of having been implicated in the murder Of Ruff.
I'm, the scalawag sheriff OF Richmond County, Ca,
who was killed In the City Hall Park, Augusta
Ca, during the last Presidential election. The
prisoner was taken to Columbia and kept there in
confinement until last Thursday, When Governor
Bullock sent reqsslton and special messcn-
ger, named Pettls, after the prisoner.
PettIs, two Carolina cnns.nh'ae, and Drr. kerna.
CHAN arrived In Augusta Friday afternoon by the
Charlotte, Columbia nnd Augusta Railroad, on
their way to Atlanta. But Immediately after
their arrival Pettis was arrested on writ OF
haoeds corpus, Issued by Judge Snead. The
grounds upon which the haoeas carpms was sued
out were that Mr.. kernaghan was charged with
having killed Rufin in that city on last Noveu.
ber; that by the law Of the State person accus-
cd OF having violated the law must be tried in the
county In which the alleged crime was said to
have been committed; and yet, In the face OF this
law, Pettis was about to take the prisoner away
from Richmond County, where Rufiin was shot,
and carry him to Atlanta, nearly two hundred
miles away.
On Saturday morning the case was called, and
all parties appeared in court. Petts, who seemed
to be badly frightened, announced that he had no
return to make; whereupon Major Ganahl, coun-
sci for the prisoner, moved that he be discharged
At this point Pcttls received dispatch from
Governor Bnliock's private secretary In reply to
one Petts had sent asking for Instructions sayIng
that Instructions for his guidance would be sent
to him during the day. Pettls wished to exhibit
to the court his papers and the dispatch which he
had just received, but the court declined to ex-
npntna 90 fhav pntc Ifnto
turn to the writ.
Hajor Ganahl proposed to read certified copy
OF the discharge OF Mr.. Ksmaghan by Judge
BoOzer, in Columbia, South Carolina, on lust
Thursday, but the court also declined to hear 1t
read on the ground that It was not necessary.
THE court then ordered that the prisoner be
discharged from custody, which was done and
the court adjourned.
Immediately AFTER the adjournment Pettls was
arrested on q warrant Issued by Justice Ellis Mt
the instance OF Mr.. Henry Key, charging the
Governors detective with the offence OF fal Sc I'm.
prisonment. .,i
The testimony showed that Kernaghan had
been discharged from custody by Judge Eoozer
at Columbia, on Thursday, ant then had been
arrested by Pettis and brought 70 Augusta, and
would have been carried 10 Atlanta but for bis
discharge upon writ Of hdoeds corpus. The
| defence offered no testimony except requisltion
from Bullock on Scott Tor the body OF Kernsghan,
whom the reputation states is charged with the
murder OF Ruffin In Augusta last November.
The magistrate, after the arguments, decided TO
bind the prisoner over In the sum OF 1--WE hundred
dollars for hls appearance at the next term of the
Superior Court to answer the charge or false Inn
prIsonment. =
The Augusta Chronicle and Sentinel, from which
the above points are CLEANED, plainly hints that
the object OF Governor Bullock In ordering the
prisoner to BIO brought to Atlanta for trial was be-
cause he supposed that commitment could be OBJ
tained there, (Which could not have been done In
Augusta, for the innocence Of the accused could
have been clearly established and then he could
have securedThis share OF the 1--WE thousand dol
lars reward offered for the apprehension OF the
slayer Of Rufin. ~.