The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-07-16

pus.
Mr.. Corbin, In reply, said that there was
distinction between cases OF contempt winch
The solicitor had lost sight OF. In the case ol
an act of discourtesy or dlsobedience, amount,
inp to contempt, committed In the presence
of the court, when sitting as court, no one
would question the right of the Judge 10 seno
the offender to prison; but In the case Oh Q
commitment for dlsobeylng an order Issued
from the Judge, sent to party beyond the
preseuce of the court, 1t became necessary TO
inouire whether the court had acted within Its
E,urisdlction. He claimed that the order in
question was entirely beyond the jurisdiction
of Judge Lee; that the arrest was lawless
act, and that Judge Lee had no more right IN
| that case to arrest Mr.. Mclaughlin and thrust
him into prison than he, Mr.. Corbln, would
have to 20 out into the street, catch any ctli-
zen by the neck, and drag him 10 jail for con-
tempt of him.
Chief Justice Moses decided that he must
hear the cause Of detention, and SOLICITOR
Whipper, after giving notice Of an appee' rom
| the decision, produced the presentment Z. the
grand Jury, The affidavit of Mr. Mclaughlin
and the order of Judge Lee, all OF which have
| been reported from time to time In The NEWS.
Chief Justice Moses remarked that all the
orders appeared to have been issued by Judge
Lee sitting in chambers, and that the powers
of Judge OF an Inferior court sitting at cham
bers we're very different from his powers
when holding a court. He inquired If the
solicitor were prepared to argue upon that
point, and the solicitor not being 30 prepared,
the case was adjourned until this afternoon at
four o'clock.
United States District Court-In Bank.
ruptcy.
This court was opened OF the usual hour
Yesterday morning by Judge Bryan.
Upon the petition of involuntary bankruptcy
by the Dickson Fertilizer Company, In re
George H. Lownsbury, debtor, the debtor was
adjudged q bankrupt, !snd the Judge signed
the customary warrant of seizure, directed TO
the United States marshal.
Upon the petition of D. B. Glliland, credit
or. la tho case or Robert Martin, bankrupt. to
set aside sale made by the treasurer OF
Barnwell County, 1t was ordered that the sale
petually debarring the purchaser from claim
Inp possession under the said sale; also, that
the assignee proceed to advertise the lands for
sale in an Augusta paper, Charleston paper
and the county paper of Barnwell, and that
from the proceeds of that sale the sum OF
$57s so be paid TO the purchaser above en-
Joined, &c.
The case of the Greenvllle and Columbia
Railroad was then taken up. This was upon
the petition OF Daniel E. Scanned, of New
York, for adjudglng the GreenVllle and Colum-
bla Railroad Company an involuntary bank
rupt, under the seth section of the bankrupt
law. The case has attracted much attention,
and q large number of counsel were present to
represent different interests involved In the
proceedings. Messrs. Corbin and Stone and
George D. Bryan appeared for the petitioner,
Attorney General Chamberlain appeared for
the State of South Carolina, Messrs. A. J.
Magrath, of Charleston, and G. D. Melton and
John T. Rhett of Columbia, for the railroad
company, James NJ. Baxter, Esq, for the
second mortgage bondholders, and Messrs.
Porter and O'Connor, simonton and Barker, and
J. D. Pope, ESQ.,, for other bondholders and
creditors. The petition of Mr.. Scanned having
been read, the counsel for the company fled
plea objecting to the Jurisdiction Of the court,
and Attorney General Chamberlain, who was
about to leave the city, was heard In defence of
that plea and In behalf of the interests OF
the State, aud occupied the rest Of the
nf fhn hr nharlo In
argusd that the company could not be ad-
judged bankrupt under the 9th clause of the
seth section of the bankrupt law, which was
the clause under which the proceedings were
brought, and which provided that when
manufacturer or trader suspends the payment
of commercial paper for fourteen days he
shall be adjudged bankrupt. he argued
that the company was neither manufacturer
nor trader within the meaning of the law,
and that the coupons of the bonds of which
payment had been suspended were not COM
mercial paper. He also argued that the court
could not at this time, and in view of the ma
ture and position of the suit now pending In
State courts, assume Jurisdiction of the case
and entertain the petition for involuntary
Bankruptcy.
At the conclusion Of Mr.. Chamberlain's ar
gument the court adjourned until ten O'Clock
this morning.
The Criminal Court
was opened by Judge Lee at ten A. NJ. yester-
day.
Edward Ray was found guilty of assault and
battery.
In the case of Joseph Wilson, charged with
robbery, the jury having failedto agree, were
ordered by thejudge to retire second time.
In the case of Henry Wilson, charged with
grand larceny, the jury retired with instruc-
tions to render sealed verdict at nine o'clock
this morning.
The grand jury returned no bills In the fol-
lowing cases:
The State VS.. Cyrus Mitchell, assault and
battery.
The. State va. John Perry, grand larceny.
The coart then adjourned until this morning.
ARREST OF A SUPPOSED THIEF.-Eliza Will
liams, alias Mary Hall, was arrested by officer
Nlpson on Sunday, on the charge of having
stolen some jewelry and clothing from resi-
dence in Trumbo's court. She was turned
over to Trial Justice Levy.