The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-07-06
Tho Case OF Captain w. II. Trezeyant
Be1Ore Corn Isslouer Rnazer

Thc Case OF Captain w. II. Trezevant
Before Commissioner Boozer.
The case of the United States rs. W.
II. Trezevant, which was announced in
our last issue as commenced at this
place before Albert M. Boozer, United
States Commissioner, was resumed on
Wednesday morning. 2Gth ultimo.
The defendant was represented by
Messrs. e. ". Fickling. of Columbie,
and 3. P. Hamilton, of this place, as his
counsel.
At the outset of the case, it being dis.
covered that Mr.. Boozer, the Commis.
sloner, had established himself at the
headq qnarters of Major W. III. Brown,
tne commanding officer of the United
states 1orces at this post, the counsel
!or the prisoner addressed communica-
.,on 10 the Commissioner, suggesting
!ne lmpropriety of such II place for the
lnvestlgatlon OF matter purely civil,
ana respectfully requesting that some
other locality be chosen, naming the
Court House. 10 this having received
no answer, the counsel. per force re.
paired to the military headuunrters. and
found the United Suites Commissioners
located in the Office of the commanding
officer of the post, the Inter being him.
self then and there present. The coun-
sci for Mr.. Trezevant then in form laid
their objection to going on with the
case at Major Browns Office before the
Commissioners, stating that it did not
need argument to show that it was m
entirely improper place for such q pur.
pose' and particularly urged that the
mere presence of the military, and espe-
cluliy OF the commanding officer thereof,
had very Injurious influence on the
minds OF certain class of witnesses.
who would be called on to testify in this
case. Mr.. Boozer. the Commissioner,
replying to the objections as urged by
Mr. Hamilton, eaid that he thought that
gentleman very hasty aud his remarks
very unnecessary aud uncalled for"
Major Brown, the commandant, took
part IN the discussion, and stated that
lar from seeing any impropriety in the
matter. he considered the Headquarters
the most proper Of all places" TO
this the counsel replied that the fact of
the commanding officer of the troops
making any remark whatever I'd inHu-
ence the action Of q civil tribunal was
the highest evidence they could offer of
the Justice of their objection. At this,
the court adjourned for the day, and the
counsel for Mr.. Trezevant had reason to
hope that Mr.. Commissioner Boozer
would grant their reasonable request in
this behalf. The next morning. these
gentlemen received letter from him
stating that the case would go on at
my Office, and strnightway they made
diligent search for such place, but dis
covered that "my Office" meant the Office
OF MHjor W. H. Brown, 18th United
States Infantry, commanding the post
at Chester. South Carolina, Which said
my Office" is surrounded on every side
by the camps of two companies of infun-
try and part of a company of cavalry.
At this suitable place. then, the Commits
sloner insisted on proceeding with the
case, to which determination the coun-
sci filed written protest. The iuvesti.
CATION then proceeded.
AT Columbia some testimony had been
taken, which it was agreed should form
part of the case. The only witnesses
there who pretended to connect the de-
fendant with any act at Chester in March,
1871, were George Westbrook, colored,
and one Goodman, white. The former
swore that he saw the defendant in Ches.
ter on the night of the 9th of March,
1871. and that he, with others, was en-
gagged in the disturbances, and took from
the witness his militia gun. The bag
gage manifest of the Charlotte. Colum-
bia and Augusta Railroad, signed by the
defendant as conductor, showed it to be
an impossibiity for the defendant to
have been in Chester on Monday night.
and therefore the testimony of West
brook to be deliberate piece of perjury.
Goodman, the other witness, OF equal
speed with his colored brother, testified
that he came up from Winnsboro on the
train and arrived at Chester at 10 o'clock
on the evening of Tuesday. the 7th of
March, and saw the defendant at the
house of one Peter Agurs, colored, en-
gagged. with others. in raid on said
Agurs' house. The schedules of the
company showed the arrival of the train
at Chester to have occurred on that date
at o'clock in the morning, another in
stance OF perjury most bare-faced. The
only other witness for the Government
who pretended to connect Mr.. Trezevant
with the occurrences in the town of
Chester on the night OF the 9th of March,
1871, was the veracious and well-known
Ben. Michael. colored, or rather coal
black politician of this town. He swore
that ha knew Mr. Tro1ayopt waiI. tL,t