The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-12-20

UNITED STATES COURT, DEoREpEn 10.
The Court met at 10 A. H., Judge
Bond presiding. ... .,,-. -, -.
Es paSte John L. Black .Sof Ridsexay
|-Pstitipn for voluntary bankrIptcy;fJ.
b. Rion, pro pei. The petition was read
il Bankruptcy, f6r adandication. and re-.
port any further action.
En parte D. w. Brown, in re 3. r.
Clyburn-Application for. rule on as
eignee; Rutledge g. Young, pro pet Or
dered, that assignee do show cause at
Charleston, before this Court, on the
10Th day of January next, why he should
not be attached for contempt, for not
complying with tho order made on the
18th OF April; and assignee ordered, at
the same time, to make q full report OF
his actings and doings as assignee.
E.1 parte Jeremiah IT. Walker-In
bankruptcy; petition for final discharge;
Walker & Dryoe, pro pet. The report OF
W. J. Clawson, Register, in favor'of the
dieoharge, Was read and confirmed.
Judge Bond signed the order and oertifi-
cate of discharge, as prescribed by law.
The case OF the United States ps. John
T. Craig ct al, for conspiracy, was re-
sumed. Mr.. Jaeger was heard for de.
fendante, and Mr. Corbin for Govern
mept.
Ea parte Lewis Merrill-Petition for
admission as counsellor and attorney at
law. The committee appointed to ex-
anime the appellant having reported
favorably, on motion of q. r. Corbin,
ordered that Lewis Merrill be admitted
to practice as attorney, solicitor and
counsellor of this court, and, rs suoh, to
be duly sworn and enrnlled.
Unite 4 States ps Elijah Ross Sepaueh
Conspiracy and murder. At the April
term Of the Circuit Court of the United
States, held in Charleston. the defendant
was tried and found guilty, and recon.
mended to the olemency OF the Court and
the Executive. A motion was made in
arrest OF judgment. Upon q hearing of
the case, and due consideration, the
Court announce that they are opposed in
opinion as to the questions submitted by
counsel, to wit: whether the court has
Jurisdiction to inquire and find whether
the crime of murder has been committed
as SGT forth and chnrged in tho litter
portions of tho indictment, in order to
ascertain the measure of punishment to
hs affixed to the offence against the
United States. charged in the former
portions OF said counts. Now, on this,
the 18th day of November, at Columbia.
on motion OF John F. Ficken, defend
ants attorney, it is ordered that the
points on which said disagreement has
happened, and which said disagreement,
as above stated. as directed by law, shall
be certified during this term OF the court,
under its seal to the Supreme Court Of
the United Stntes, to be finally decided.
| fS;npoN uTIGJ D0ND
| Circuit Judge.
(Signed) GEO. 8. BRYAN.
District Judge United States, S. C. +
DECEMBER 18, 1872. -
The United States gs. Hazeil Hard.
wick. Conspiracy: It appearing to the
court that the defendant is in the
custody of the United States Marshal,
in the Richland County Jail, on motion
Of $. P. Hamilton, attorney for defend
ant, it is ordered that the defendant be
discharged upon his own recognizance,
in the sum of 81 ZOO, for his appearance
at the next term of the court.
The United States rs. Henry Toole.
Conspiracy. 1t nppearipg to the court
that the defendant is in custody of the
United States Marshal, in tho Jail of
Richlnnd County, on motion of s. P.
Hamilton, attorney for defendant, it is
ordered TINT the defendant be released
upon his entering into recognizance,
with good surety, in the sum Of So. 900,
for his appearance at the next term OF
the court.
In the case Of John T. Craig and
others, charged with conspiracy, Judge
Bond addressed the jury as follows:
GENTLEMEN OF THE JURY: It is not nv
province to comment on the facts offered
i'll evidence in this case, but to give you
tho low which must guide you in the
consideration Of the evidence in refer
cnce to this Indictment. Under the frst
count. you are to find from the evidence
whether or not there existed conspiracy
in the County of Laurens before the
finding Of this Indictment; and if YOU
find there existed conspiracy, you ars
then to find whether it's object, or one of
its objects, was that set forth in this
count, to wit: To hinder, prevent or re-
strain class Of persons from voting, By
reason of their color, raco or previous
condition of sorvitude. The first count
does not embrace conspiracy formed to
punish that class Of voters hecanse they
had voted; but you must find, in order
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