The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-11-30
NOTES AND DETAILS By MAIL.
The Second Day ortho Ku-KluI Trials
Mr.. Corbin's Flank Movement-The
Decision Of the Court.

COLUMBIA, S. c., November %.
When the court met this morning, there
was an even larger crowd of spectators than
on yesterday. number of leading mem
bers of the bar were present, and watched the
proceedings with evident interest.
Mr. Corbiu presented commission from
the department Of justice. associating Attor.
ney General D. 81. Chamberlain as counsel
for the prosecution, and Mr.. chamberlain
took the oath.
Mr.. Corbin, the district attorney, presented
an order Withdrawing his challenge to the
array made Monday, end one for taxing Jurors
from the body Of the district.
Mr.. Johnson, 10 opposition to the order
presented by Mr.. Corbin, said By the act OF
Congress of 1921, the State Of South Carolina
is divided into Two districts, one called the
eastern aud one called the western, and the
offences which are alleged to have been COM
mltted were within the Western District. The
tuition expressly provides, for the security OF
the citizen who may be indicted, that the jury
which IL to try him shall be summoned from
the district where the offence was alleged 10
have been committed. cannot be mistaken
as to the purport Of that amendment. II,
therefore, the act of 1924 has not been repeal.
ed, and there has been no change at all
feel that II the Jury which Is now TO be sum
moned is taken from the Eastern District, 1t
would be an error which l would not be at
liberty to waive, because the constitution Sc
cures TO party the right to be trled-to be
presented by grand jury taken from the
viclnage Of the district where the offence was
committed to be tried by petit jury Sc
which was passed by the chief justice and as
sociate justice, yesterday, evidently seems to
contemplate but one district In the State; but
II, In tact, the division Of the State into two
districts can only be done by the legislative
department of the government, and If that
department of the government has divided
South Carolina into two districts, then
court, by any order of Its own, to
chaBge the act of Confress In that par
ticular, and, consequently, not In the power
of the court to deprive the accused .of the
right to have q jury selected from the locality
where the offence is alleged to have been COM
mitted. I mention this tor the purpose OF
bringing 1t to the attention Of the court, thai,
with any Judgment which the court may pro-
nounce; but, ct the same time, think-if the
court ehould be Of the opinion that the jury
should be selected from the Eastern District
1t would be my duty, should 1 represent the
parties In the Supreme Court OF the United
States, to make that q ground OF objection
should the judgment be adverse to my clients.
District Attorney Corbin replied: The State
of Soulh Carolina is divided into two districts
for the purpose of the District Court Those
districts are called eastern and western. For
the purposes OF the Circuit Court the State Of
South Carolina in toto constitutes district,
aud these parties being on trial In the Circuit
Court, the true and proper construction Is mat
the Jury should be drawn from the body OF the
district, which is the State. The constitutional
point mad0s undoubtedly true, but what con-
stitutes the district? Mr.. Corbin said that In
the act of Congress the State Is spoken Of as
.the District of South Carolina" and contin-
ued as follows:
Now in reference to the order which pre-.
senled to the court. By an act Of the Sd of
March, 1855, 2 Brightly, p. l07, 1t Is provided
that severy grand Jury empanelled before any
District or Circuit Court ofthe United States
TO inquire into and presentment make Of pub
lie offences against the United States, COM
mitted or lria6le within the district for which
the circuit Is holden, shall consist of not less
than sixteen, and not exceeding twenty
three persons. Ifof the persons summoned
on the grand jury, and the court shall order
the marsnal to summon. either Immediately.
or for day fixed, from the body of the dis
trict,n that is the district for which the
court Is holden. II the District Court,
from that district; and ii the Circuit Court,
from the district in which the Circuit
Court is holden and whenever ;asN.
lowed, and there are not other jurors In
attendance sufficient to complete the grand
jury, the court shall make like order to the
marshal to summon sufficient number Of
persons for that purpose. Noindictment shall
be found nor shall any presentment be made
without the concurrence OF at least twelve
0rop6 tnrOraO 7 think fhara no M mis-.
lake about this matter. The position OF the
gentleman would be entirely correct If we
We're In the District Court; but when we come
TO court that comprehends the whole State
In It's jurisdiction, then the iuries should be
drawn from that district.
Mr.. johnson. May 1t please your Honors,
the constitutional provision was evidently IN.
the benefit OF the government. Or, rather, 1t
is especially Intended for the security of the
one, and has no reference to the security OF
the other. The common law rule, which Is
supposed to be very materially tor the securi-
ty Of the subject, required the jury to be
was perpetrated. The provision Is to be con-
strued liberally; nothing is more true than
this principle. Now the learned counsel al.
legged that If criminal cause was instituted
in district court, and not in the Circuit Court
of the United States, the jury would only be
summoned from LnaL Ql3trlcl; OUT, ne main
tains, that inasmuch as the Jurisdiction of the
Circuit Court extends over the whole State,
there is no necessity at all for enforcing the
provision of the constitution-or, rather,
for applying the provision of the con-
stitutiOn to q case In that condition. 1t seems
to me that the learned gentleman is incorrect.
II is true that the Circuit Court has jurisdic-
tion. as a court, over the entire District of
South Carolina but when we come to inquire
how the jury is to be collected, We must then
look 10 the act which makes two districts In
The Slate OF South Carolina and apply the con-
slltulional provision, that the Jury shall be
selected from that district In which lhe offence
was committed. submit, however, that I am
perfectly willing. go far as 1 am individually
concerned, to abide by any ruling, ouly re-
pesung that If the ruling should be adverse, I
wou d deem 1t my duly to make an objection
In the Supreme Court OF the Uuited States,
huld / represent any OF these cases there.
Mr.. Curbin. Ifthe construction of the dis
tinguished counsel on the other side Is correct,
We shall be put In this very anomalous condi-
hon, that II we are to look TO the districts con-
stituted for the purpose of the District Courts,
when We get nah from the Western District
to try we must get a grand jury from that dis
trict to present bill. When we get prisoner
from the Eastern District we must get grand
jury Into this court from that district. Now