The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-12-13
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Besore they left the Court Room, Ohisf
0onstabla Hubbard had gone TO; o Trial
Justice, made an affidavit npon ssinfor.
nation and belief" and had his deputies
present, with Warrants to arrest fonr.of
the parties for murder. These we're thon
again looked up. The naxt morning, a.,
these but one, were released-two on
ball. and one on the ground that he had
been arrested by the wrong name; but,
before the ink was dry on the bonds of
these gentlemen, they we're again arrest
ed and locked up, under warrants for
murder, issued upon the affidavit of
Hubbard. What next? The District
Attorney handed out sundry bills of in
diotment against these parties, and
others who had not been arrested, to the
Grand Jury of the United States District
Court, then in session in Columbia.
The Grand Jury took mp one of the cases,
considered it, and returned ''no bill'-
thereupon, the District Attorney with
drew the other bills; and when this be-
came known, the other parties who we're
out on bail in the case before the Uuited
States District Court, were re.arrested
under warrants for murder, upon the
Information and belief of Hubbard.
The game was now being developed.
United States warrants, was to got the
prisoners to Columbia, away from their
homes, and the County in which they
we're entitled to be tried under the Con
stitution and laws of the State. But
another chapter follows-more impor-
tant than all others in the history of this
affair. Judge Vernon is the Judge of the
Seventh Judicial Circuit, embracing
Laurens County, where the. alleged
offences were committed. Application
was made before him for writs of ku6eas
corpus, and they were granted. They
we're served upon P. Z. Frazee, Sheriff
of Richland County, on Thursday, tho
9Th Instant. The prisone:s were inform
ed that he would take them on Saturday
mornings train to Spartanburg, the
place of residence of Judge Vernon, and
to hold themselves in readiness to go at
that time. On the morning of Saturday,
the Sheriff was at the Jail with q convey
ance for the prisoners, and they were
taken to the depot Before they were
permitted to leave the omnibus in which
they were seated, Frazee was served with
a subpoena, signed by Joe Crews, to ap-
pear as witness before q Special Com
mittee OF the Legislature, at 10 o'clock
that day, and bring with him any orders,
writs or judicial papers which were in his
possession, signed by Judge Vernon.
The paper was served a few moments
before the time of departure of the train,
and The Deputy Constable who served
the subpmne, told the Sheriff that he
a0as under arrest The latter submitted,
and had Che prisoners driven back to the
jail. The subpoena of Crews proved
moro potent than the great writ of babeas
corpus, issued by one OF the Judges of
South Carolina. The above is fair and
impartial statement of the leading facts
of this case. In the capital Of South
Carolina, the execution of the writ of
habeas corpus has been defeated by the
pretensire arrest of the officers charged
with its execution, in the face of the
General Assembly and the Supreme
Court Of the State. then and now in
ciple Of law and justice and liberty. Who
is responsible for this outrage? Joe
Crews, it is said, but who believes it?
He is the nero tool of tho mnu in the
mask, and it should be stripped off and
his features exposed.
Let the Legislature take this matter
in hand, aud know who has counseled
and advised this fragrant abuse Of power.
Under whose orders is the constable
who made this pretended arrest? Who
appointed him, and who is responsible
for his acts? Who has tho right and the
power to control him? Let these ques-
tions be answered. Where is the State
drifting? Is any one so blind as not to
see and feel that, if such abuses of
power are for a moment tolerated, no
mans liberty is safe-aye, neither life
itself. Such usurpation of power and
reckless disregard of law and the princi-
Piles of free Government, come home to
every man-whatever may be his condi-
ton in life. Let this thing, then, be
nipped in the bud, or it will grow into
monstrous precedent against The rights
and liberties of the citizen. If the law
has been violated-if the men who are
under arrest have committed crimes, let
them be tried according to the laws of
the land; but in the name of the great
principles which underlie our structure
of free Government, let not the spirit of
faction take possession of the minds of
men, and drive them to such desperate
extremes as this case is developing.
Is there no one in the Legislature to
tl,o nj oriny, &c 1thorSx, -,