The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-04-25

|
'The Human Eye" will no Doubt be
presented in pleasing and Instructive
way.
CATHOLIC ASSOCIATION. meeting
OF the Catholic Association, held ut ST.
Peters Church, OIL Sunday afternoon,
April %, the following gentlemen were
elected MS officers of tho association, to
serye the term Of ono year: DR.. John
Lynch, President; John Bauskott, ESQ,
Vice-President; r. M. Casson, Secretary;
NJ. Comcrford, Treasurer; John Lynch,
Jr., Librarian.
SUICIDE. The friend who forwarded
us tho particulars III reference to tic ns-
sault upon Mr.. Sherman, in Grecnvilc.
! informs us that Mr.. Berry Hawkins, ~
farmer living somc eight miles above
Grconvillc, and near Paris Mountain,
committed suicide Saturday morning, by
shooting himself through the head with
il pistol. The report alarmed. his f,ini!y
in tho house, and, searching for the
cause. they found him lying on tho
gso"nd i'll the yard, ina dying condition,
covered with blood, and terrible hole
through his head. Tho net was no
/ doubt his OWL, and prcmcditatcd, as he
had inquired Of several persons recently
the snrcst place to shoot man. Mr..
Hawkins, it is stated, was in town
Thursday night, in company with the
|
B. Sherman. That person, Tinslcy by
name. has fled.
SUPREME CoUlsr, April 2i.-Tho court
met ut 10A. NJ. prcscnt-Chicf Justice
Moses and Associate nsticcs Willard and
Wright.
According to order, the Second Cir
emit was called
Jane McCrea, appellant, rs. the Port
Royal Railroad Company, respondent.
Struck off,
The case Of cn l,t,1e a. J. White in nc
Morris X. Jcssup rs. tho Wilmington
and Manchester Railroad Company was
resumed. Mr.. NIcIycr was heard for
appellant Mr.. Mcinminger for respond
cnt. Mr.. McIvcr i'll reply.
On motion Of Mr.. Barnwcll, the case
Of Jane McCrca cs. the Port Royal
Railroad Company was restored to the
docket
The State rs George Addison Mo-
ton refused and appeal dismissed. Opt
decision establishes the following prin-
ciplcs:
y prosecution may dnto its origin for
some purposes to tho time of complaints;
for others, to tho issuing Of the warrant
nnd arrest Of defendant; and still for
others, to tho finding Of bill by the
Grand Jury.
\ criminal ''caso" (ior homicide) can
not be said to be pending until bill found,
for until then there is nothing to which
| the party charged can answer by plea or
otherwise.
Technically speaking, no change can
be made in the rcMue in IA criminal
case" It is material aYcrrcnt in The
indictment, and cannot be altered by the
conrt. The words ''to change the ce:ue''
used i'll the Act Of 1868 (page 81 do no
more than confer on tho Circuit Judges,
i'll the cases and subject to tho provisions
mentioned. authority to transfer the
trial to another County.
The motion to change the trial from
TIC EQUITY lllu us lnt CShhe CnnnOG De
made until bill found. It is that which
alleges the place where the offence is
charged to have been committed. Until
bill found, the defendant is not bound
to answer After bill found, the Judge
may exercise his discretion us to the
time when ho will entertain motion 10
change the place Of trial. There seems
to be n propricty in not allowing it to he
heard in criminal case until the indict-
mrnt is answered by IL plea. Latitude
of discretion rs TO the time must, how
ever, be accorded TO the presiding Judge.
There is difficulty in giving just con-
,ruction to the words ''by some party
Interested" used i'll he said Act, as re-
serring to the party by whom the notice
Of tho application may be made in n
criminal case. Tho State, in legal
point Of view, is the party interested,
and the prosecuting officer represents it.
fhr prosecutor i, no more party intc-
rested than any other citizen. In tllis
State, the Solicitor is the officer charged
with the conduct of prosecutions. The
State speaks through him, and no other
person can DO considered MS the party
Interested and therefore authorized to
give the notice or make the motion.