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

The UNITED STATES CoURT-TR4An
Ku Knux CAsEa. -.MoEpAY, December.
II. 1871.-The court met ct 10 A. NJ;
Hon. Hugh L. Bond, Circuit Judge,
and Hon. George 8. Bryan on the bench.
Mr.. Stanberry made few additional
remarks. and cited authorities in sus.
tainment of his argument delivered on
Saturday. with regard to the measure of
punishment in the case Of the prisoners
who had plead guilty. 1l
Mr. Chamberlain, in reply, maintained
that the crime was defined and the ne.
nalty affixed by the sixth section of the
Act OF 1870, and not by the fourth. as
the counsel &c: the defence urged.
Mr.. johnson; answered Mr. Chamber
lain. and closed the argument.
The Court stated that the deoi,ion of
the question would be withheld for fur-
ther consultation. l
The grand jury returned true bills in
the following cases: The United States
rs. John Mitchell ct al., for conspiracy:
the United States Us. John White ct al /.
for conspiracy; and the United States vs.
j. Parks Wilson el al.
Mr.. Corbin stated that he would take
up next the case of the United States ps.
James William Avery ct al, for conspi-
raoy and murder.
MIR. Stanberry announced TO the court
that this was the case in zhich it was
agreed that certificate of division upon
certain points arising on the motion to
quash the indictment in the cave Of the
United States us. Allen Crosby e. ol
should be made and sent to the Supreme
Court; and until the determination Of
which. the trial would be stayed.
The points Of division were submitted
by Mr.. Stanberry. and the Court stated
that it would reserve them for further
consideration.
Mr.. Stanberry asked that the return
of Major Lewis Merrill to tho writ of
hdbeds corpus. issued in favor of Leander
Spencer. might be taken up. The Court
assented, and Mr. Stanberry went on to
read the petition of Leander Spencer,
alleging that he was citizen of York
County, &C.. aud had been arrested and
held in confinement by the said Maior
Merrill, without q warrant or process
from any court. Also, read the writ
commanding the said Lewis Merrill to
produce the body of the said Leander
Spencer, together with the authority
nrcr which lie held hin. ;a confinement
The return Of Major Merrill was, that
he did not have at the time OF the service
of the writ. nor had he since, had the
body Of Leander Spencer in imprison-
ment.
This, Mr.. Stanborry objected to, ns
evasive and insufficient, inasmuch us it
did not state whether or not Leander
Spencer had been held in imprisonment
by him, nor tie cause nor authority of
his capture.
Mr.. Corbin replied for Major Merrill,
that tho return WAS made in the words of
the writ, and was oil tia. could be asked
that tho counsel for Leander Spencer
had simply proceeded against tho wrong
party.
The Court ordered that Major Merrill
should amend his return, and state whe-
ther the petitioner had been imprisoned
by him, and what disposition Ii. had
made OF the petitioner.
Major Merrill accordingly amended
his return, stating that on or about the
25th Of October last. Leander Spencer
had appeared before him and confessed
that he had violated the second and
third sections of the Act of 1870, and
that he, (Leander Spencer,) together
with other parties. had engaged in the
murder of Charles Good; that lie took
the said Spencer in custody and turned
him over at the earliest practicable mo.
ment IA month afterwards, on the oath
OF November,) to the United States
Marshal.
To this, also. Mr.. Stanberry objected,
rs it was not stated by what authority
Leander Spencer had been held in
custody, or upon what warrant or other
process he had been turned over to the
Marshal.
The Court held the return sufficient.
Mr.. Stanberry stated that be would
carry the question to the Supreme Court,
In order to test the constitutionality OF
the Act authorizing the suspension OF the
writ OF hdbeds corpus by the President,
which was the main object of the petit
ton.
Mr.. Corbir nszs called the case of the
United States vs. j. Parks Wilson es al.
Colonel McMaster, special attorney
for the defence. begged for time until
tomorrow, that the accused, who had
been released on bail, might be present,
which WAS granted, and the court ad-
journed to 6 O'Clock p. NJ.
EVENING SESSION.
The court met at 6 p. Nj.
The Court inquired of the District
Attorney if there was any business be-
fore the court.
Mr.. Corbin replied that there we're no
new cases, and that he was awaiting the
decision of the Court upon the question
OF the validity of the counts charging q
violation of the right to keep and to
he.: sssas--a right WHICH .he Thought he
might. as we'll state here was most CON
tinnally and malignantly infringed. and
violation Of which noarly NIL tho in
dictments charged.
The Conrt stated that they had not yet
decided the question.
There hain0 no hnaipaau o, howl tlo