The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-20
THE COURTS.
United States Court

The following jurors were drawn lot 'ne
January 1873 term of the court, which opens
In this city on the first Monday in that month:
GRAND JURORS.
B. D. Roper, Charleston; Miles N. 5Iaas ds.ar
boy, Leesville; John Mitchell, =. ~: G Jessie
r Craig. WATERFORD; Colonel John E. CareW,
Charleston; Warren r. Heston, Georgetowai
william Driftle, Walterboro'; W. d. burney'
C,harieston: John G. Brown, Columolai a. ..
Burke, G.. W. Nunan. Charleston 'amos
Miles. Columbia; Frank Moses, Camden e. w.
Rockwell, Aiken; ]. B. DaCosts, " d. io''i0'
Henry Bascome, Charleston.
PETIT AND PLEAS JURORS.
Tbos. Richardson, Isaac Kline, WalterDorqi
Samuel Meares, A. Achel, PatrlGs G Doran' p
Y Gampbell. Peter L. Miller, B: Doscher, n
+ n OsLendorff, ". Q. Dukes, A. steling, 4.
aiaton n. Hogarth, Edward Horlbecs, ~.
Drlscoll, Charleston; j. b: y; CO1sarI: sa, nau
burg: Archy Green, coIored, ", b. An9ersUn' Hn,,
Mack Mabln, colored. Richard Wl!son, 5.oa EU.um
Reanfort: Moses Langley, Z. c. Ralney,
Georgetown; CATO Reid, CheraW; ineGuose G,aos
Vincs. Oraugeourg; James Peterson, hlngs-
tree; David Wilson, BennettsVlile.
The following is the decree of Judge Bryan
in the case of Charles Madsen and others peli-
,,oners for the Involuntary bankruptcy OF the
GresnyIlle and Columbia Railroad Company:
United States of America, Eastern District OF
South Carolina-In re. the Greenvllle and
Columbia Railroad, eI parte Daniel Z Scan
nell, OK parCe Charles Madsen-Petltlon 1or
Involuntary Bankruptcy.
It will be seen that the Issues made by tne
pleadipgs In this case are as follows:
First. Whether this court has Jurisdiction,
the State of South Carolina having Instituted
proceedinqs as guarantor upon tne oonds OF
fhe respo1dent, and In the State court, under
which all the property OF tne company mas
been taken possession Of?
second. Whether the GreenVille and Colum-
bia Railroad Company is corporation subject
to the provisions of the bankrupt act!
Third, Whether the Interest coupons sew
sr,d from the bonds are commercial paper,
and the non-payment thereof for fourteen days
Is an act OF bankruptcy
Fourth. Whether the Greenville and Colum.
bia HaAroad Company Was bankrupt a., lnsol-
vent Ut the time 1t suffered Judgmeat 70 %
taken against 1t by default! ,.,
Fifth. Whether being bankrupt ano lnsoi'
vent. the defendant suffered payment to De
taken against it with intent thereby 10 give
preferences to those creditors, or to defeat or
dslay the operation OF the bankrupt aot
sixth. Whether the respondent mas suffered
It's property to be taken on legal process VIII
intent thsseoy to defeat and delay the opera
tInn of the bankrupt act In the case oil the
state ex relauone, the attorney general,
against the GreenVille ana coiumois haiiroao
COMPANY! ,,,,.o-.r
tbs Interest or lien the State may nave Id OF
upon the property OF the said GreeaVllle ana
Columbia Railroad Company, II said company
bs bankrupt, the Jurisdiction of the bank
rupt court is not ousted, because the State is
creditor.
As to the second question, hold that the
Greenfield and Columbia Railroad, under Inc
ACT and decisions upon The act, ls corpora
don subject to the provisions OF the bankrupt
act. .... ,,o
tnterest coupons severed from the bonds are
commercial paper, aud If the Greenville Rail-
road were "a banker, broker, merchant,
trader. manufacturer or MINER" the n9n-pay.
ment of Its coupons for fourteen days would
be an act of bankruptcy; but as IL does not I'm
my opinion) fall within any one OF taese
classes, the penalty tor suon etoppage does
not attach.
AS to the fourth question. (acting Instead OF
q iury.) have not peen able TO dnd the lnsol-
vency of the company, or decide that IL Is IN
solvent.
AS 10 the fifth and sixth questions. not hsv-
ing found the Greenville and Columbia hall.
road insolvent, 1t Is not necessary that snoulo
decide them.
I have simply stated my conclusions upon
the issues presented, without arguing them
and without reference to the authority upon
which they rest for support Time has not per-
mitted more.
Let the decree be entered sccerdRIng,y; RgIy.
Circuit Judge District South Carolina.
Move nber IA, 1872.
The petition of VIM. J. screven, of Fairfield,
for voluntary bankruptcy, was referred to
Registrar Carpenter.
A lot of tobacco and snuff, aggregating
twenty -four hundred and ninety-three ana a
half pounds, was condemned for violation of
internal revenue laws and ordered to be sold.
The marshal was ordered to furnish Joseph
N. Wilder, a prisoner confined under sentence
of the court, with a suitable supply OF
clothing.
Ell. Kerrson and Herman Lelding, for.
merly copartners as Kerrison & Leiding, were
finally discharged from bankruptcy.
A. q. Ford was appointed assignee Of WI
Maxwell, bankrupt, OF Darlington.
In the case Of Goodman & Son, bankrupts,
$lsr 0s of the assets were ordered to be paid
to John J. Stork In satisfaction Of lien.
General Sessions.
The sealed verdict rendered in the case of
Solomon Lyons, colored, who was tried on
Monday for the murder OF Henry Manigault,
also colored, at verdters place, st. Andrews
Parish, on the goth Of October, was opened
and read In the court yesterday morning. 1t
pronounced the accused guilty. of manslaugh- |
ter.
The court was occupied yesterday with the |
trial OF Robert W. Brown, colored, for the
murder of Ellis Allen, colored, at Gray's lot In
St. Philip street, on the night Of the 9th OF 0c-
tober last. Brown, 1t will be remembered,
cleft Aliens skull with an axe, In an alterca- |
tlon which was witnessed by no persons other |
than those engaged. Messrs. John G. Mackey, |
R. W. Seymour and E. Baynsrd Seabrook ap. |
peared for the defence, and Solicitor |
Buttz for the State. The examination OF |
was conducted By Mr.. John |
G. Mackey. A large number were ex-
amined, but their testimony was prln-
cipaly hypothetical and very contra
dIctory. One Of the witnesses testified to |
having heard Allen say that he would make |
Brown eat his breakfast 10 HI. Brown was
also put upon the stand by his counsel. He
testified tnat Allen attempted to cut him with |
q knife and that he struck the blow with the |
N - "a tho Nr,t rpaonop nf daTapoo fhot oro Il