The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-08-28
THE TRIAL JUSTICE VAR.
"Let Us Have Peace''-startling Devel-
opments.

The arrest of the sailor James Nash, on the
charge Of desertion from the schooner Edie
Walters, and the subsequent proceedings In his
case, have thrown the fraternity Of trial JUS
tices into astate of excitement which, on the
homeopathic principle, may protect them from
the ravages of fever. The prisoner, as already
reported In THE NEWS, was arrested on war
rant issued by Trial Justice Levy, and was
about to be turned over to his captain, when
his counsel sued out writ Of habeas corpus
and brought him before Trial Justices Bren-
nan and Msgrath, On the ground that he was
Illegally held by trial justice, and had with
out trial been ordered aboard the vessel from
which, it was asserted, he had deserted. The
hearing took place on Saturday morning, and af:
ter close the justices decided that
the prisoner should have a trial on the origl-
nal charge, and referred him back to Trial Jus.
tice Levy for trial.
In the meantime, Nash, whose sole object
is to avoid going to sea, had acknowledged to
the captain of the vessel that he was approach
cd by Lieutenant Philppy, of the detective
force, who was in his favor, and was told by
him that If he wanted to get off from going to
sea, If the trial went against him, he must as
sault some one and beat him badly-the
scheme being that, as soon as this was done,
Nash would be arrested, taken before trial
justice, and, not being able to give bail, be
committed to jail to await bis trial at the Court
of General Sessions. By the time the court
met the schooner would be far away, and Nash
would have accomplished his object of staying
ashore.
At five o'clock, the hour appointed, the trial
came off before Trial Justice Levy, Trial
Justice Brennan and Mackey icing present to
assist. The prisoners counsel was not pres,
y ent. The evidence showed that Nash was an
articled seaman, addeserted ifom the schoon.
er; and, further, that the captain, Of whom he
seemed to be In great fear, and with whom he
had sailed for over two years, had never Ill
treated him, In view of this, the prisoner was
ordered to be committed to Jail 10 await the
requisltlon of the captain on sailing. The con-
Rabfe then proceeded to conduct the prisoner
to jail.
Mindful of the advice of his willy friend,
Nash began to look around for some subject
upon which he could operate to advantage be.
fore his Incarceration. In the door Of the
trial Justices Office, and with his back turned,
stood the bulky form of the lieutenant him.
sell, and Nash, selling the propitious moment,
and not recognizing his friend, applied hls
heavy brogan to the most inviting spot, with
avigor which sent the chief of detectives fly
ing into the street. This unexpected denoae-
nent created considerable excitement, until
the confession of Nash as to bis being insti.
gated to beat some one, turned the surprise
into hearty laugh at the way in which The
lieutenant's advice had recoled upon his OWE
person.
A stricter watch being maintained on his
movements on the way, Nash was safely lodg.
ed in Jail. The rest OF the programme then
began. Lieutenant Phillppy, apparently en-
ragged at the assault upon his person and dig.
nifty, took ont warrant from Trial Justice
Schroeder against Nash for an unprovoked as.
sanlt, and Nash is now in jail under his com.
mitment. The, effect of this is to add one
more trial justice to the dsputants, and tc
keep Nash in Jail Notwithstanding the requisi
uon ofthe captain. The latter is determined
to maintain his rights, and it is hard to sa.
how the matter will end.