The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-10-22

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Tho Anorum and Boykin Case-Letter
from Joseph Daniel Pope, Esq.
ConuMBrA.eS. O.IOot. IA, 1871.
Editor Can,tieD Jou,nal-DEAn SIR:
have this moment readf,the report pub
lished in your tJournu1Aof the e1amina
tion held before, Commissioner B0ozer,
in the matter oharged against Messrs.
Boykin and Ancrum, as a violation Of
the Aot Of Congress known ah the "Kn
Kiux law" While the statements made
in the report are entirely correct in point
OF facts. there is a turn given to the re-
port OF them which unintentionally does
injustice to the proceedings, AS they
actually occurred. Mr.. John Kersnnw
and myself, We OF counsel for the de-
PENDANTS before the Commissioner, and
Mr.. Worthington was The retained pro-
scouting attorney for the Uuiled States
MIR. Worthington is q member of the
Columbia Bur, and was not volunteer,
but produced to the missioner his
warrant Of authority tn act in such cases
for the Government. lie presented his
views of the case with ability and con
siderable, but not undue, Zeal; with
courtesy nntl with great fraukness, MS il
appeared to me. It is true, it appeared
to Mr.. Kershaw aud myself Tint there
was not shadow Of law upon which the
prosecution could rest All Indictment,
but it must be remembered that We were
counsel in the Cause, and not entirely
free from that influence. It will 10 also
rccollected that after henring the rrgn.
ment upon tho law. on our side, Mr.
Worthiugton very handsomely, 1 think.
stated that he Was impressed ly it., and
| n ,<,k IL, = Z
object Of tho Government, to press any
caso undnly or harshly Within the provi-
sious Of the Act, aud that ho would, with
not one which conld not, with propri1ty,
l,n brought under thut Act. It Is true,
nisn, Llla: tho Comm lssoner, Mr..
Bo"zcr. utter tho argument, ruled out
the statements which were proposed
should bn received from the defendants
under nath Bat iii doing this. he
stated that he felt himself bound, by
somo very recent rulings of Jndges
Bond and Bryan. i'll the Circuit Court in
Charleston, w',ero it was said to have
been held by them that the recent chnnge
Of the law of evitieucc in that regard, in
this State, did not apply i'll the United
Suites Courts. I, for Que. had not been
informed of this recent ruling, having
i'll several cases within tho last year in
troduced the evidence Of the defendants
npoa indictments brought in the United
S,a!cs Court without question being
nadu ns to its aamissibility. This was
som cthiny OF a surprise to us, but we
wern not prepared to show the Commits
sionnr that upon thnt point be was abso-
lutely in error. Every dsinterested
witness produced by tho prosecution
clearly showed that there was not only
no conspiracy, (which is, of course, the
point Of the change. but nothing like q
conspiracy: that particularly there was
no conspiracy against an officer Of the
United States, md that political opinion
had nothing to do with the matter; but
Mr.. Goss. the prosecutor, had stated,
vaguely, something to the contrary in his
affidavit and his evidence, and the Com
missioner thought it best (as they we're
not trying the case) to bind the parties
to answer, aud lot the prosecuting officer
OF the Govetnment determine whether
1t was such case MS should go before
tho grand jury. In perfect good faith
either one OF the counsel for the do
fendante, if acting as Commissioners
might have done the Same thing. From
what know of this charge, {as viola
tlon OF the act OF Congress,) ! know
there is nothing in it-that it is utterly
without foundation. and am persuaded
from the spirit manifested Mt the exami-
nation. that the prosecuting oiiiocr of the
Government would arrive at the same
conclusion, and am confident that no in
dictment viii be preferred in the United
Suites Court against the defendants; for
the simple reason that there is no ground
for it. and that those who have the NUT
ter III charge will not attempt to make o
ground where none exists. Very re-
spectfully. your ob4dient servant,
JOSEPH DANIEL POPE.
a Washington telegram to the Balti-
more Sum says: "It IL understood TINT
no more troops will q sent into South
Carolina in tue dstrit covered by mar
tiul In ~ a aIaQ Q3 31,ic IL