The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1871-12-13
The United States Circuit Court;
MONDAY, December, 4, 1871.

and BRYAN p,eSiaing.5 ts& ..H
Judge Bond anIdnncH1 that the
court wa, ready to hear any p.c.imi.
nary motions. ~ "
MIR. Stanberry, for the dofcnce, in
the case Of the United S.uto, IS. AL
len Crosby. ct. AL; moved 10 unash
the iudict nent, upon tho following
grounds .r'.a.
|. The conspiracy charged Is to
violate the first sevtiuu of The Aot Of
May 81, 1870, which sartion defines
no crime or otfence, aud fdrtldding
nothing. "t rs.
2. Tho names of the persons hin,
dcred, or preyentod, or Lot allowed to
vote, are not set forth !; nor il it al
legged that their names were unknoxn
to the grand Jury, t2 M,
3.The niean, by which the ufluwftft
prevention which was e, ,cted are not
set forth e..
4. The specific election at which they
were not allowed to vote, whc,hcr for
State, C,unty, municipal or United
S .tcs officers or mcmbots of Congress.
.. The date of the~eicctiou, as
stated thifd Wednesday of October,
1872.
6. That tho qualifications Of said
male citizens to vuto arc not set forth.
As to second count
I. That it is not alleged that
said Am>l Rainey WAS qualified to
vote.
2. NJr that there was any election.
The unlawful meats are not Set
forth.
Ms to the third count, the defen-
dants rely here upon this further OBJ
icttion, to wit. That the burglary
ard battery charged in this count arc
not alleged aa an overt aat Of the
conspiracy, but asa distinct offence
against tho State ofSouth Varolin., as
IS cognlSable by or within the juris.
dlctlou OF this court, but Is exclusive
ly cognl%ablo by the State courts
hariog juriidiction of such offences in
the SAID County of York.
rs to the fourth count
J. That 1t does not allege that said
Ra'ncy was at the time ,shen, &o., u
citizen OF the tJulted Stats, or that
tue right OF suffrage was then secured
to hEn by the said fifteenth amend
ment.
<. lhat II Is not alleged that he
Was otherwise qualified 10 vote than
py force of said amendment.
8. That no election is Set forth.
AS to the nth COUNT:
he defendants rely upon the same
obJr"tlH"7 to !h,s couHt as aEe Sc.
tor'h to the SAID second aud third
counta.
Asto the sixth count
Inc detendantsrely upon the same
o'Jec'lon' to thlscouut as are set forth
TO the SAID second count, and i'll ad'
'htion, that 1t Is not alleged that the
saia halncy had exercised tho prlvl-
lege therein mentioned.
as to the seventh count:
lhe defendants rely upon tho same
objections to tins count us arc set forth
TO the said second, third and fourth
counts.
rs TO the eighth count.
J.. lhc mfans by which lie was to
be hlndered arc not set forth.
.. mat It's not alleged which Of
the rlghts--tho>e OF per.on or proper
ty-were INTENDED to be invaded ,
searched or seized.
q. IL ~ not alleged that he was n
householder.
AS to the ninth count
|. lhat 1T was not aVerred IN what
way or by what means the said Kalhoy
Was so deprived VI the equal protec-
tlon OF the laws ...
Z. That It Is not avorred what were
the laws, Fedora or State, OF the pro-
tectlon OF which he was so deprived.
8. mat 1t ls not alleged that he
was oltizen OF the United States, or
OF any state or Territory OF the Uni
tod States. 49,,