The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-09-17
THE UNITED .sT.iTISs COURT.
y Highly Interesting Cnsc-Tho Chnrg
OF Judge acknowledgements sin,
die.

GREESvILLE. s. O., September 12.--Thc
The United States Court adjourned OH ycstcr-
day. After the trial of the case of II. Z. Mil
ler VS.. Crawford Keys, tried On Friday. an ac-
punt Of which is given below, nothing further
OF any consequence was transacted, save few
cases cf granting final discharges in bank
ruptcy.
In dischargng the juries, the Judge compli-
mentcd them for their zeal and efficiency, and
remarked tha. every vcrlic. rendered by them
had somc foundation in Law.
Judge Bryan will spend n few days in Green
vile, resting from his arduous labors. DAN
iel Horlbeck, Esq, will return to Charleston
to morrow.
UNITED STATES OF AMERIcA-D1srn1cr OF SOUTH
CARoLINA-lN THE DISTRICT CoURT-IN BANK
RUPIcF.
b. G. Miller VS.. Crawford Keys. MCGOWAN
d Perry, col. pro pet. Reed Trescot, sol.
pro respondents.
This was petition by creditors for inyolun-
tary bankruptcy Of the respondent upon four
counts. only three of which, however, were
relied upon as material, to wit: A mort.
gage of some 31o0 acres of land to one Tomp.
kins to secure a debt of $1,000; subsequent
conveyance Of the same in fec, to pay this debt,
of $1,000 more; the delivering up to Keys &
McCuDy of note for $1,000 to whom respon-
don't owed $700-each count alleging that tho
transaction specified was made whilst the ro-
spondent was a bankrupt, with intent to give
q preference. Tho petitioner claimed two
notes, and the petition was taken in the outset
by the defence that he had no status in court,
on the ground that one was paid and the other
was tainted with negro. The testimony was
pretty conclusive as to tho first; but the last
waseiyen for balance OF a large transaction
had about the commencement OF the war, only
portion Of which was for negroes. His Honor
charged the jury that note Tor negroes before
Lincolps proclamation took effect was perfect
~ valid. but that the question did not arise
in this case probably as the note grew out of
mixed transaction, ana from the original pro-
positions OF the consideration tho respond
ents,. by whatever basis of calculation they
might adopt, must owe the petitioner $3.50,
which was enough to establish his right 10 bo
in court.
question of Insolvency The respondent told
petitioner MlIen the latter first demanded pay
mont after the war, that he was ithenI wholly
unable TO pay-could scarcely live-and tho
" pressed. Various estimates wore made OF
the valuo OF the lands mortgaged, land subsc-
bars nsrr.,n of tho tin made
ed up to Keys & McCuly, was shown
to have been given for two.third interest in
similar tract III the mountains Of Pickens. 1t
was further shown that NJ the timo this noto
was redeliyered. the respondent owed tho
firm Of Keys McCully about sevon hundred
dollars. that no credit was given, and they
wont on furnishing him with supplies and for
tilizers, and as one of the firm said the respon-
dents credit had been perfectly good with
them and remained unimpaired, and that no
settlement has yet beeu made. The cas-, Was
argued at length and with great zeal and
ability on both sides.
His Honor charged the jury with great clear
noss and very fully: Botn parties expressed
their satisfaction and declined to ask special
instructions. Without attempting to quote
the charge, tho court haid, In substance that
to make out tho case it was necessary that in
so!vency and a preference must concur.
| trader .unablo to pay his debts i'll the or linary
| course Of business is insolvent prima fdcie
ond 1t Is incuanbent on him TO show that he
IL not SO in fact. The rule docs not
apply 5 win ,, tho same San s,rictnesa to the farmer
toner must take.the onus Of showing actual
| insolvency. The "preference' must bc an ad-
vantage actually given to one or moro of his
creditors over tho oihors. with the knowledge
OF his situation and the intent to accomplish
this end. This 'intent" is an element OF tho
Objectionable transaction, &C :ording to the let
ter OF the law, and though ono is pI Iosumod to
tent ls essential, and must be shown by his acts
| and the circumstances. Whom tho respondent
sold tho land to Tompkins, he believed, at
HfSts tndt no Ha5 paying QcDt OF SiO UUU; and
if ho considered theso lands OF suoh compara :
lively Insignificant value, it would be hard to
believe, upon tho estimates of the relative value
OF his assets and liabilities, that ho intended or
Thought he was giving q. preference to this
| creditor. Tho solution Ct the mortgage is
much moro difficult. not only on account OF
the difference Of tho sum, but also
because it wns merely security for that sum
and dill not relieve Ills estate OF it by a sol tie
ment in full. The Keys & McCully trausac-
tion is peculiar ono, and is 10 bo solved by
tho testimony which you have. No credit was
given upon tho books, but ir from the tcst-
mony you are satisfied ...s tho 500 was paid
by the RESPONDENT 10 full by tho redelivery OF
inc SiOoO note. thon is not this moro than he
could pay to others, and to that extent prefer.
ence LII you shall conclude that this noto was
redenvered to meet tho heavy advances Of pro-
visions and OF fertilizers subsequently made as
we'll as the debt already contracted, then You
may reach difolen conclusion. These arc
Questions which 1t is your peculiar province 10
solve. The Insolvency AID the Intent to give
preference must concur. n'S"
Tho jury returned q verdict of not c,,,,,r
1t is understood that tho csso went Oh solely
on the question OF Insolvency. - So'''