The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-01-20

UNITED STATES CoURT.-The District Court
was opened a. II O'Clock yesterday morning, his
Honor Judge Bryan presiding.
Jury No. 1 was reorganiaed as follows: A. W.
Burnett, foreman; Thomas Flynn, ]. s. Collins,
VIM. Dart, Calvin, Jefferson, b. s. Griggs, N. A.
Prlngle Fred. saspertas, Jesse Williams, John
Cudworth. Julius H.. Hayward and Archibald
Walker. supernumeraues-James A. Dufrus.s 8.
D. shannon, Stephen Brown, VIM. Waties and
VIM. Schnierle.
Ex parte VIM. Henry Hayward, Of Charleston.
The registrar having reported favors0ly on the
petition fof. nnal discharge, tue certificate was
granted in due form.
United States VS.. Bosom Washington, william
Middleton and Robert Singleton, for neglect OF
duty as managers Of election. Verdict: Not
guilty, and the prisoners discharged.
Ex parte JunIus J. Neville. Petition for fnal
discharge. Granted With all the forms prescrlb-
ed by law.
United States Vi. Dallas Broughton, for inter.
fering with the managers Of election In the dis
-ensrge OF their duty. Verdict: Not guilty, and
prisoner discharged.
In the case or the United States w. Benj T..
Sellers, for retailing splrituous liquors without
paying tina special tax, dlsoontinaance was
ordered. - -,
United States va Saul Keckley aud Samuel
Brown, for interfering with managers OF elec don
while In the discharge Of their duty. Verdict:
Brown, not guilty; Keckley, guilty. Brown was
discharged. - =.
= CIRCUIT COURT.
Gantry, Fireman d 90. Vs. Mary Agars ct al.
Ordered tast complainsnts have leave to take ad.
diional testimony In this cause, and that John A.
Bradley, Esq, be empowered 10 acs as commits.
sIoner. The court then adjourned until II O'Clock
this morning.
TRIAL JusTICEs.-The Supreme Court was
engaged, on Wednesday, in the hearing ;$or q
cause involving directly the conssItutionality OF
the trial Justices acta OF 1870.
The record In this case, which Is entitled "The
State ex rel. Robert B. ADAMS vs. ]. 8. File
brown, trial Justice" shows that in October last,
Adams was arrested, tried and sentenced by File
brown, trial justice, to imprisonment for fifteen
DAYS, or fine Of fifteen dollars, for an assault and
battery. Before the execution OF sentence, Adams
obtained q writ OF prohibition from Judge Rut-
land, and from this writ the present appeal was
taken.
The encouragement referred to section 10, ar
ticle l. as plainly conveying the idea OF purpose
to provide for two tribunals OF courts, namely:
justices OF the peace 'or other offcer authorized
by law.n Again, section OF article OF the con-
stitution, Id addition to the courts named, pro-
Tdes fu such dInferor eo1rts' as the General
Assembly may deem necessary. These two Sec
tions were IN harmony, and under them trial
Justices were properly appointed. The jurisdic'
tton, too, OF section 10 Of article was broader
than that given In section % article f. indtcat
ing design to- provide for another court OF
higher powers than justices OF the peace. again,
! ~infer,or courts,n In our constitution, mean
courts inferior TO the Supreme Court. To thls
point were cited Bonvier just, No. 252s Kempe's
Lessee vs. Kennedy, s Cranch, lSi, 1856, where
Marshall sets forth the proper meaning Of the
term as "courts from which an appeal LES"
The attorney general was followed on the othel
side by Major Spain, In a brief argument OF much
| force and scumeu. he vigorously oomoated ths
arguments advanced, and held that the power
conferred on trial justices was gross usurpasior
of the power conferred by the constitution or
justices OF tho peace.
MAJOR Corbfn closed the case, reinforcing th'
i positions taken by the attorney general, ant
especially enforcing the Idea that the pFaetica
Jurisdiction which could be exercised by justice:
Of the peace under the constitution would be
pulllty, amounting to no more courts.
At the conclusion Of the argument Of Msjol
Corbin, the court took up the ease OF Osmt
! Bailey vs. the Greenvtlie and Columbia Railroad
Company. ~
This case. involved the question whether ths
railroad COMPANY was liable to the former mas
tfor the hire OF slaves during the years 1854 ant
tlsss prior to the close Of the war. -. -