The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-07-06

6ooISe JACKSON 0s witness, and it is
doubtful II he even took his testimony
down.
This, then, was the case made out by
tue government, and with which Mr.,
stone the District Attorney, was will
ing to rest. 1t will be seen at once that
80 1ar a6 the defendant is concerned,
there was an entire failure to show him
as peing connected with conspiracy of
any kind, aud 1t is singular fact in this
case that by the Government witnesses
he was not shown to have been in Ches-
ter on the night when he was actually
here. to wit: on Tuesday, 7th of March.
1871; but only sworn to have been here
on Monday night, while he was quietly
In the town of Charlotte. It is u very
good illustration of the value of the tes.
timony of the class of witnesses used by
the Government in prosecutions under
the late oppressive enactments of Con.
gress.
On the last day of the investigation
before Mr.. Commissioner Boozer, Fri
day iast,1 there occurred little episode
IN the proceedings. which would be ex-
ceedlngly ludicrous. but that it showed
now far we have drifted from the old
landmarks of civil liberty.
IL had been observed by the counsel
Tor the prisoner that Major Brown, the
commandant OF the post, had been tax
ing great Interest in the progress of the
case; was constantly in consultation with
the commissioner, and present almost
oil OF the time Of the examination of
witnesses. On the last day he took his
seat immediately in rear uf the Commits.
sioner. Mr.. ". H. Hardin was being
cross'eXamined by tho Commissioned.
1t was observed that the com mmandant
made frequent suggestions to the Com
missioner; examined affidavits and pa.
pcrs connected with the cause; and final
y suggested question for the witness
IN very audible voice. The following
colloquy between Mr.. Hamilton, one of
the counsel for the defence, and Mr..
Boozer, the United Suites Commissioner.
then occnrred
MIR. Hamilton-''Mr. Commissioner.
l do most seriously object to any inter
terence whatever on the part of the com
mandlng officer Of this post in the con-
duct of this case
Mr.. Boozer with great heat)-"You
ere very disrespectful to this court, sir.
and will not put up with it, sir, or al.
low myself to he interrupted in this
manner; Will have order, sir, in nv
court"
Mr.. Hacailton-"I do not see. MIR.
Commissioners, that I have been guilty
OF any diSrespect; it certainly is nv
right to make any objection in behalf OF
our client, provided it be respectfully
done"
Mr.. Boozer-"WelI, sir, with in
creased excitemenO If you ure Tot disre-
spectful to the court, you are very disre-
spectful and insulting to Major Brown"
Mr. Hamilton-'I would beg to say,
Mr. Commissioner, that am not disrc-
spectful or Insulting to Major Brown; he
has no business with this case, and this
is tho very ground of my objection to
you, which hope I can here respect
| fully urge
MIR. Boozer (uow at fever heat) )-"I
Will not be interrupted. sir; 1 will have
order in my court. sir. You are guilty
OF great disrespect to the court"
MIR. Hamilton-''I am guilty of no
disrespect to the court"
Mr. Boozer-''Mr. Marshal! Mr. Mar
shal! where is my Marshal?"
This call was for q Deputy Marshal Of
the United States, who this Commis-
sioner carries around with him, it is sup
posed, to inspire ave for the court and
eSiioi III SAo mluuS Oh Tue Innocent aud
timld. He was at last, after some time,
found by Mr.. Boozer, who flew out Of
the room i'll search of him.
Mr.. Boozer ION his return)-"Arr.
Marshal, 1 command you to keep order
in this court; if anybody interferes with
my court, do yonr duty"
Mr.. Marshal -"Give your orders, sir. I"
Mr.. Hamilton-"Mr. Commissioner, I
wish You to understand that knog what
my rights and what my clients rights
are before you, and do not purpose to
allow the slightest interference on the
part of the military with this cause"
Mr.. Boozer-"And I will tell you, sir.
that [ will not allow any interference
with the military by civilians. In great
temper.) Mr.. Marshal! Mr.. Marshall
keep order; do your duty"
Mr.. Marshal-'.GiveEy orders. and
will obey them"
Mr.. Hamilton-"Now, Mr.. Commits.
sioner, make your Marshal arrest me: I
am here; let him arrest me; 1 do not
know that I can successfully resist. as
you have within fifty yards of you two
companies of infantry and half COM
pany of cavalry"
At this point, Mr.. Ficklipg, the other