The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-11
[FRoM ouR SPECIAL REPORTER ]

In the United States Circuit Court to-day,
the proceedings were principally formal, and
were devoid of any marked interest. Messrs.
johnson and Stanberry, assured as they are
that the ground thus far occupied by them Is
tenable, both In law and 10 justice, sustained
besides by many facts already developed In
favor OF the rights of the men who have been
80 ruthlessly dragged from their homes under
the provisions of law of the unconstltu.
tionallty of which there is but one
opinion, allowed the prosecution to pro-
ceed in the manner they might select,
knowing well they would hoist themselves
with their own petard, before going much
farther In the direction they have elected to
pursue. ALL points thus far necessary for the
proper placing Of the matter before the Su-
preme Court have been carefully sought out,
noted and preserved. The counsel for the
defence have been generous In conceding
many minor points, rather than to enter into
the disagreeable discussions of them, forced
to an unheard of extent by the prosecuting
officers, and also to save both the time and
expense that would attend the same. There.
fore, when the court convened this morn
ing, it was not deemed necessary to
90 over the ground again for the sake
Of impressIng upon the court the rights CT the
prisoners to peremptory challenge Of the
Jurors. The attention oil the court was direct
ed by Mr.. Stanberry to the practice as 1t ex-
listed under the law In former times, which
had not been abridged by any act Of Congress
or decision of the Supreme Court As might
be expected, their was difference with the
court, Judge Bryan being firmly Of the opin-
ion-whic6 was, after explanation by him,
acquicesced In by Judge Bond-that the. pri-
soners had the right 10 the peremptory
challenge of the jurors. Judge Bryan main
tanned stoutly the rights OF prisoners, and
creditably supported his position by reference
This point being settled, the clerk proceeded
to draw the twelve jurors, when Mr. Stan6erry
stated that as there was difference OF opinion
as to the construction Of the new act OF Con-
gress relative to trial and punishment Of ofeuc-
es under The act, and that 1t was necessary that
this question should be settled and finally arDl-
the prosecution that, 1t being agreed 10 on all
sides, the shortest way In the disposal OF the
present case, reserving the questions to. be
argued before this court under the arrest OF
Judgment, and then upon the next case,
which he understood contained charge Tor
murder, he proposed to make these Questions
have the division Of opinion certified there,
aud walt for further trial. till the opinion OF
the Supreme Court shall be known.
Mr.. Wilson, of York, special counsel for the
prisoners then said that Sherod Childers, who
had voluntarily confessed, and who now
pleaded guilty, asked the court, before he Is
sentenced, to submit aff1daYlts that he was
not participant In the acts and felonies alleg..
ed, or even cognizant OF them, which, II OF
the atrocious character stated by the attorney
general In his opening speech, his counsel
would not desire to defend, excuse or palliate.
The same statement and plea was entered IN
the cases of Hezekiah Porter, Evans Murphy
and Vim. Montgomery.
Mr.. Stanberry then made the point that the
offence charged in the eleventh count was
committed before the law had been passed,
and exceptions were taken as 10 that count,
on the ground that the law did not propose TO
be e1 post tdcto. Mr.. Johnson stated that In
pleading guilty, the defence wished 1t borne
in mind that the offence was charged as being
law was passed on the 2lst of April.
In the case of Merritt Fuller, who has been
incarcerated over six months In jail. 7ol
pros. was entered, and In that OF Reuben Nc
Call, of York County, bail was accepted.
Monday has been set as the time Of hearing
the afidayits In mi igation Of sentence, and
there can be but little doubt that points re-
served In this instance, with those as to the
conslitutionality Of the law and the procedure
under 1t from the very start, will place the
case before the Supreme Court In Its proper
light and form, and justice may be hoped for.
The court meets tomorrow, when the case
will come up In which the last named objec-
tions will be formally noted.