The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-05

1htU6o W6b0 GOkuOWu 70 tu0 8kouu july.
8. The means by which tho unlawful
,tA The specific election at which they
we're not, allowed to vote. whether fcf
State, Oonuty, municipal or United
states officers or members OF Congress.
B. The;date OF the election, as stated:
third Wed nesdsy:oi OCtober, 1879 a{t
.t 6. That tho qualifications Of said male
to v0so SO Ios set forth.
Al to second count: iifi@ oil,
/. That it is not alleged thst said
Amsi Rsiuey was qualified to vote.
q. Nor that there was any election.
oS. The unlawful means are not set
forth. ~
r,As'to the third count, the defendants
rely here upon this further objectiop.to
Wit: That shs burglary and battery
charged in this count are not alleged a.
an overt set Of the conspiracy, but as .
distinct offence against the State OF
South Carolina, as is Cognixabie by or
uithiniAhe je.iAdicticn Of this court, but
is exclusively scogniEable by the State
consts having jurisdiction Of suoh Of
fences in the said Comfy of York,
As to the fourth count:
l. Thattt does not allege that said
Rainey Ras at the time when, &C.. citi-
zen of the United States. or that the
right OF suffrage was then secured to him
by the said fifteenth amendment.
2.nThst it is not alleged that he was
otherwise qualified to vote than by force
Of the said amendment.
3. That no election is set forth.
AS to ths fifth count:
The defendants rely upon the same OBJ
jections TO this count as are set forth to
the said second and third counts.
As to the sixth count:
The defendants rely upon the same
objections TO this count as are set forth
to the said second count, and in addi-
tion, that it is not alleged that the said
Rainey had exercised the privilege
| therein mentioned.
As to the seventh count:
| The defendants rely upon the same
objections to this count as are set forth
to the said second, third and fourth
| counts.
AS to the eighth count:
| l. The means by which he was to be
hindered are not set forth.
| 2. That it is not alleged which of the
rights-those Of person or property
were intended to be invaded, searched or
seized.
8. It is not alleged that he was
householder.
AS to the ninth count:
/. That it is not averred in what way
or by what means the said Rainey was 80
deprived Of the equal protection Of the
laws.
2. That it is not averred what were
the laws, Federal or State, of the pro-
lection Of which he was SO deprived.
8. That it is not alleged that he was q
State or any Territory of the United
States.
u AS to the tenth count:
The defendants rely upon the same
objections as are set forth to the ninth
count, and further, that it is not set
forth what privileges or immunieies he
was 80 deprived Of.
As to the eleventh count:
/. That it is uncertain, because it
does not appear that the conspiracy and
injury we're before or after the election.
2. That the particular election, or
\ when or where it occurred, is not set
forth, and no day is given, except the
date OF the conspiracy-that is to cay,
the 2lst OF April. 1871, the next day
after the ACT was passed.
8. That it is not alleged that said
Rainey was qualified to vote at that
election, or that he was citizen of tho
State, or resident of Congressional Dis.
trict when the election was held.
!, 4. That it is not alleged that said
Wallace Was citizen of the United
States, or citizen of the State or District
in which the said election was held; nor
that he was a candidate for election, or
that said Rainey voted or intended to
vote for him.
Mr.. Stansberry argued fairgrounds of
the motion minutely. step by step.
Mr.. Corbin, for the Government, stated
that the grounds Of the motion to quash
the indictment bad not been handed him
t:!! this morning, and that he did not
have the necessary time to collect his
authorities, &C., and asked for time for
that purpose.
The court granted time till tomorrow.
pat 10 o'clock-till which time the court
, adjourned.
noble lord asked clergyman once,
at the bottom of his table. ''Why goose,
l il there was one, was always placed next
the parson?" Really" said he, II can
give no reason for it; but your question
is 80 odd that I shall never see q gooss
for the future without thinking of your
I lordship."
HOTEL ARRIVALS. December A.
Nickerson House-W. B. Wilson, York
Vile; Col. Merrill, q. s. A.; T. R. Ro-
bertscn. Winnsboro; @. s. Brice, J. Nor
ton, w. H. Brswley. Chester; r. E. ALI.
son. Lancaster; j. Lowry, York; J. j.
Gormley. N. O.; @. Bull, OrangeburQ;
Ell. J. Baxter, N. O.. J. B. Debeny, Paris /;
, T. Mahon. N. Y; G. Ames, Chicopee;
, Mrs. .. r. Bryce, Misses L. Fl. and Efa-