The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-10-30


earliest train to day, and not being in default
ask only such delay as will enable US. BY the
earliest opportunity, TO appear before you
Please answer by telegraph, to this place, at
our expense. JAMES SlaoNs,
JAMES B. CAMPBELL,
a. H. BRowS,
A. G. MAGRATH,
c. H. SIAoNTON,
C. L. BUST,
JkMES SIMoNS, Jr.,
A. I. SMYTHE.
The train arrived on time, and 1t was
quickly ascertained that Judge Graham was
not on board and had been seen in Columbia
The Junior counsel Immediately proceeded to
the telegraph office, and the legal protestation
against the fraud attempted upon the peoples
rights and demand to be heard went flashing
over the wires to the Judge at the State
Capital.
The Reply Of His Honor
was auXously awaited. Minutes seemed
hours. 1t was half after ten, perhaps even
then the hearing was going on, and the case
about to be decided. Perhaps the involuntary
default of the three respondents represented
by the counsel at Orangeburg was then being
taken advantage of to secure at the time desir.
ed peremptory mandamus. These unpleasant
doubts, however, were of short duration. An
interval of fifteen minutes had scarcely elapsed
before the prompt reply was flashed back as fol-
lows:
COLUMBIA, October %, 1871.
To James SimonS, and others, Ordnge6urg:
am here Will hear return to mandamus
at FIVE o'clock this afternoon.
(Signedl R. F. GRAHAM.
The message fully restored the confidence Of
the inmates Of the car. and measures were
taken to have their vehicle hitched on to the
up.passenger train from Charleston, and at
half.past one o'clock found the counsel once
more moving swiftly along
En- Route for Columbia.
Now the spirits of the party rose as much as
they had been depressed on the receipt of the
telegrams at Orangeburg. The long expected
hearing was to be granted at the place whittier
they were speeding, and the artful plot
laid BY their opponents had been de-
tected, exposed and defeated. 1t was time
of buoyant hope, and from the recesses OF
the farther end of the car the prince of Charles
ton caterers was summoned to appear. 1t is
needless to say how keenly Tully's ministra-
tions were enjoyed by the company. They
served 10 while away the time until the sub
urbs of the State Capital became visible among
the green hills, and the roof of the new State
house rose boldly into view. On their
Arrival ut Columbia
the party drove to the Columbia Hotel. They
here met Judge Graham, and refreshed them
selves preparatory to entering upon the argu-
ment In the case. After a brief interval, The
crowds proceeding in the direction OF the
courtroom,
In the Old Carolina Hall,
gave notice that the mandamus case was
about to be taken up. The court was opened
about half-past o'clock, his Honor, Judge
Graham, on the bench. The magnitude of the
interests at stake made the game Interesting
even to outsiders, and quite number Of citl-
zens were present curious to learn how the
case would terminate. The REALTORS were
represented by their counsel, Messrs. Wor-
thington and Hoge, the senior counsel, Dir.
Melton, being kept away by domestic aff1ic-
ton. The present city government was rep
resented BY the Hon. D. 7. Corbin, and General
James Slmons, Hon. Jas. B. Campbell, Colo
mel A. n. Brown. Hon. A. G. Magrath, Colonel
C. a. Simonton, Major Geo. L. Buist, James
Simons. Jr., and A. T. Smythe, Esqs, appear
ed for respondents, Aldermen Voigt Thorne
and Holloway.
The Courtroom
vas divided off by a railing across the mid
die, and in the compartment for the use of
the bar, at the further end OF the building, was
araised platform on which was the judges
seat. The counsel were seated around the
tables In front; the Charleston counsel at q
large table 10 front and to the left Of the Judge,
and the Hon. D. T. Corbin among them.
Messrs. Worthington and Hoge, counsel for
the REALTORS, were seated at a small table a
little to the right.
The Opening of the Case
was made BY Mr.. Worthngton, who said that
on the application Of certain parties, as reia-
tors, an alternative writ Of mandamus had
been Issued by his Honor, requiring the pre-
sent City Council to call meeting and enter.
tain the protest, or show cause in Orangeburg
Courthouse at IL A. Saturday why they
refused to do certain acts. That by slipula.
tion between counsel and certain OF the
respondents, the hearing OF the return to the
writ had been transferred to the City of Column
bia. If this transfer had caused any incenve-
nience no one regretted the circumstance more
than the counsel for the REALTORS. A return
had been filed. He knew not what it contained
and asked that it be read.
The Return Made by PilIsbury.
The Hon. D. T. Corbin presented to the
attention Of the court the return of the Mayor
and certain Aldermen ofthe City OF Charleston,
and read the same as follows
STATE OF SOUTH CAROLINA, CHARLESTON COUNTY.
To the Hon. r r. Graham. Circuit Judge for
the First Circuit Of the State aforesaid:
In response to the writ OF mandamus, issued
by your Honor on the 10th day of OCTOBER A. D.
lS7l. on the relation oil S. 7. Gardiner, j. q. VIII
liams, Thomas Tilllnghast, j. X. Ancrum,. VIM.
Dart and q. B. Pickenpack, electors and cor
porators of the City of Charleston, in the mat