Tri-weekly phoenix. [volume] ([Columbia, S.C.]) 1865-1875, 1871-12-09

THE UNITED STATES CIRCUIT Counr-
Ku KIux TRIAns-FRIDAY, December 8.
The Court convened at IL o'clock, Hon.
Hugh l.. Bond presiding, and Hon.
George s. ByraD, associate, On the
bench.
Mr.. Stanberry, for the defence. in the
case OF the United States vs. Allen
Crosby, ct al, indicted for conspiracy
under the Act OF Goth April, 1871, reud
from Kent's commentaries, page 473,
showing that the common law Of Eng.
land, as modified by statute, down to the
reign OF James I. prevailed in the United
States Courts. and not the unmodified
common law as to which the court
seemed in doubt yesterday. The ques-
tion before the court. and for the con.
sideretion OF which the court adjourned
yesterday, was. whether in a criminal
trial in the United States Court for
offences less than capital felony, the
citizen was entitled to the right Of per.
emptory challenge.
Judge Bryan stated that after close
examination Of the decision in the case
OF the United States ps. Reid, 18th
AAO"0aOb do Wtso sHLloucu tutb tu6 Uu6S-
tion was dependent entirely upon the
fact. whether or not there exists in the
State OF South Carolina q right to per.
emptory challenge in similar off.nces
prior to the passage OF the judiciary
Act of 1889.
Mr.. Stanberry-I am creditably in
formed, may it please your Houors, that
such right did exist in this State, even
80 far back as 17l2. and that the number
OF peremptory challenges allowed in all
cases OF clergyabla !e!oniss, ic which
event we are ont off by the Act of 1866
just one-half. having ten instead of
twenty.
Mr.. Johnson-Do uuderstend tho
opinion expressed by his Honor Judge
Bryan to be the decision of the court?
Judge Bond-No. am of the opi-
MON that the rule of the common law,
by which no peremptory challenges
were uttered in such cases, should pre-
vail. After some consultation, however.
Judge Bond announced that as his asso.
oiate had evidently given the question
much earnest attention. he would yield
to him and grant the right to the pri-
soner Of ten peremptory challenges.
Oul. w. B. Wilson, of York, special
counsel for the prisoner, Sherod Ohil-
ders, then arose aud addressed the court.
d. fellows:
May 1t please your HoDors, in this
case important and grave preliminary
points have been made by the defence,
because 1t was tue first case presented by
the Government. We desire, now, to
state TO the COURT, as counsel for the prl-
soner at the bar, Sherod Childers. that
he voluntarily confessed to an officer of
the Government that he was with the
party charged in the indictment. He
enters. now, the plea of guilty; but, be-
fore sentence by the court, will ask to
submit affidavits that he was not an ao.
tive participant in, or even cognizant Of,
the acts of violence alleged. II the acts
are Of the atrocious character stated by
the Attorney General of the State, in his
opening speech. we are certainly not
here to defend, excuse or palliate them.
The other prisoners. Hezekiah Porter,
William Montgomery and Evans Muir
ply. also plead guilty.
Mr. StanberrJ olaiued for the prison.
ers that in putting in the plea of guilty,
they surrendered no right of exemption
from punishment, from the fact that the
offence confessed was committed prior
to the passage OF the ACT of Congress of
10th April, 1871, under which they were
indicted
Mr.. Corbin replied, that as matter
OF fact. the assault and battery upon
Amzi Rainey was made on the 22d
March last, some time prior to the
passage OF the Act: but the conspiracy
was continuing one, the conspirators
being banded together, having regular
system OF by laws, regulations, &c.
Upon motion Of Mr.. Corbin. an order
was passed to release Merit Fuller, who
has been confined for nine months in
the Jail OF Edgefeld to await his trial.
und4r charge of voting at tho election
OF the 10Th of October, 1870, without
oeing qualified to vote.
l. ID. Witherspoon, Esq, made appli-
cation for bail for Reuben Mccall, of
York County, which was granted, and
bond OF $4,000. with Dr.. J. Nj. Lowry
and Mr.: j. i. Lowry, sureties.
Mr. Stanberry presented the petition
OF Leander Spencer, of York, that the
writ OF hdbeds corpus might be issued to
Major Lewis Merrill, of the United States
Army, by whom, as he stated, he was
arrested without warrant, aud held in
confinement without having any charges
preferred against him, SO.
The court withheld its decision, and
till tomorrow, ct IL O'clock.
APPLICATION OF THE LEGAL REMRDY.--
The Executive Committee of the Tax.
payers Convention met in Colum bia last
week. We learn that the gentlemen in