The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-07-23
THE COURTS YESTERDAY.
limited States District courj

m morton &C plsrrlc, Attorney Corbln, yes
1srday. in the case ofthe United states ae a'us'
TWO horses, wagon, harness. "1'' J,ano
rlon for violating the reVenue ia"S' '"eS
Rrvan issued an order to the marsnal ior Inc
cole of the property on the usual nouce' anu
Tho navment of the proceeds into the court
rho order being made returnable at Green
VILE, August 5th.
The Criminal Court
Was opened at ten A. NJ. yesterday oy the
clerk. A. C. Richmond, in the absence OF
1ndge Lee. AS no business could be trans
acted without the Judge, the court was aa-
ionrped to ten O'Clock this morning, when 1t will
be similarly adjourned until tomorrow, and 30
continue from day to day until his return.
The jurles having appeared. they were IN
formed by the clerk tnat their presence Will
not be needed until they are notified. Judge
Lees absence appears to be OF inoehn''e
length. c,.v
Tho Injunction against the CitS
Council.
The motion for the removal OF the lpJune'ion
AGAINST the City Council in the enterprise
Railroad case, which was TO have been made
before Judge Graham, at II NJ, yesterday, was
postpoued by City Attorney Corbin, until the
same hour to. day, in consequence OF Inc ao-
ssnce from the city Of the Hon. J. B. Camp
bell. counsel for the company. Major Corbin,
however, informed City Inspector Lucas tnat
there was no reason why he should not COM
merce repairing the streets damaged oy tne
Enterprise Railroad Company, as the injnnc-
1lon only restrains the City Council from
Interfering with them in the laying OF their
track.
The Mackey-Graham Case.
Last Saturday morning Solicitor Whipper
anneared before Judge Graham, at Chambers,
in defence of Trial Justice William Rollins,
who had been arraigned on the cnarge Oh
overstepplng his jurisdiction In case OF minor
importance. Solicitor Whipper at the same
time attempted to make return ior snefin
Mackey to rule which, 1t was alleged, nao
been issued by Judge Graham, requiring MIN
to show cause why he should not be attached
for contempt of court In arresting Commis-
sioner Mclaughlin on an order OF the Crlml-
nal Court, Judge Graham checked the soil
ClCOr 6L OuC6, uOWCfClS ocoeAo7 'As ~~ 80
rule had been issued, Sheriff Mackey being
required only to show why writ OF prohlol-
tjon should not be Issued restraining him
from executing any order of the Criminal
Court against Mclaughlin in connection with
certain county checks, and that the day fred
for said return was Monday, the 22d Instant, at
which time he would hear it, and not before.
Yesterday morning at ten o'clock SOLICITOR
whipper again appeared and read the sherih's
return. The return sets forth that Mackey
acted IN urrosting Mclaughlin in ignorance Oh
the rule, no copy having been served upon
him, aud upon the supposltion that, as sheriff :,
he was bound by law to execute the orders OF
both courts. 1t also declares that he had no
intention of committing contempt OF court,
and therefore begs that all further proceed
isgs against him on the ground OF contempt
be stayed.
After hearing the return, Judge Graham
issued the wit of prohibition alluded to above,
which prevents the sheriff from executing
any future order of the Criminal Court In the
Mclaughlin case. The Judge declared that ne
was glad the return dsclalmed any intention
on the part of the sheriff to commit contempt
of court, as otherwise he should have Issued
an order of attachment for the offence.