The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-23
TRIAL OFMR. ~JOHNRODGER.

man IN suspense. PALMETTO.
TRIAL OFMR. JOHNRODGER.
T:e Murder Charge Abandoned by the
Government-Feur Witnesses Testify
TO Their Participation I'm the Union
VILE Murders-The Case to be Con-
tinued To-Day.
The United States Circuit Court met at the
usu hour yesterday morning, Judges Bond and
Bryan presiding. and District Attorney Corbin
and Assistant District Attorney Earle represent.
Ing the government.
The district attorney called uo the case OF
Robert Riggln, indicted fol conspiracy and muir
der OF Jim Williams, IN YORK County. He said
that 1t had been called on Saturday, but post.
poued on account OF the absence Of the counsel
for the defence, and, as the counsel was still alb.
sent, he did not want 1t postponed any longer.
Colonel McMaster said that the prisoner had
communicated with him, and tod him that his
counsel would be here in a few days, and he re.
quested, therefore, that the case might be con.
tinued q few days longer.
Judge Bond said that no legal reason had been
shown for the exercise Of clemency. The ao-
Bence OF counsel was no excuse, but the court
had no desire to press q murder case, and would
Set 1t Town for trial on Wednesday next.
Colonel McMaster. That time Will be scarcely
long enough to permit them to get their witnesses
here.
Judge Bond. The prisoner must either be tiled
during this week or else remain 10 jai! until the
: next term.
Colonel McMaster. The prisoner would Ger
tainiy rather remain In jail than to risk q triel
without witnesses.
Judge Pond. Set the case dow for Thursday,
peremptorily, and let the witnesses be sent for by
thsgovernment.
The case Of John Rodger, OF Union;County was
then called by the district attorney, and Major
@. Lamb Buist, Of this city, and Colonel F W.
McMaster. Of Columbia, appeared as his counsel.
Major Bulst stated that the case OF his client
had been set for trial on that day, and they were
ready for trial with the exception that one wit
ness was absent. he had, however, prepared an
af1daylt showing what they expected to prove
by the witness, and had no doubt that the dis.
trict attorney would consent to the admission of
the statement as evidence. The affidavit WAS read,
and was to the effect that Samuel Littleiohn had
been subpen&l as q witness and had not obeyed
the Summons. The witness was expected to prove
that the defendant had sold him a gun, which ne
had a'terward returned to the defendant and
begged him to keep. as he was afraid some white
man would take It. away from him. The state.
ment was admitted by the district ateorne'.
Mr. Corbin said that the Indictment charged
the defendant with the murder OF several tndi.
vlduals, bnt the governmen t had concluded not
to press that charge, and he would enter a nolle
pross' qui as to that portion OF the case. The In
dictmaut contained seven counts, and OF these
the first charged q general conspiracy on the Atm
OF January, 1871; the second and third counts
charged the murder Of Alexander Walker and
Charles Gordon; the fourth count charged a gen.
eral conspiracy on the 18th Of February, 1871;
and the other three counts charged the murder OF
three other individuals. ALI OF these counts
were stricken out on motion Of the district at
torneE except the first.
Major Bu!st requested q ruling Of the court
uApn the question as to whether the dlstric' at.
= torney wouli be allowed to Introduce evidence
tendingso crminate the prisoner In any trans
action subsequent to the date named In the In.
dlctment. He said that they were prepared to
prove the complete innocence Of the prisoner OF
any crime on o. before that date. but had not
prepared for the trial OF any matters subsequent
to that date, and II such matters were to be In
quirel into they would like to be informed OF II,
80 as to send for other witnesses.
Mr.. Corbiu thought tn. defence ha l better walt
until lie point had been raised Ia the rr.gress OF
the case, AMI Judge Bord decided that the court
could lot determine q Hypothetical case, and
would not make q ruling upon 1t.
Mr.. Bui4t then d ed a formal plea objectlng to
the Jurisdiction OF the court upon the same
grounds that had been stated in previous cases,
and overiuled by the court. He also made the
following motion to quash the whole array OF
jurors:
UNITED STATES OF AMERICA, SOUTH CAROLINA Dis
TRICr.
Urtted States against John Roger. Indictment
And oW at this day, to wilt: on the z2d day OF
April, 1872, comes the Aforesaid John Roger. by
hts attorneys, and the jury afore aid OF the jury
hereupon the salt John Roger challe1geth the
array or the said panel, because he says that the
said United states marsl al was not indifferent
and impartial as to the summop:cs OF the addi-
tional panel " thirty jirors ordered by the BAD
court, because the SAID additional jurors were not
se.eciel from the bystandera, but did, upon con.
~sul;atlon with others, and specially with refer
ence to the p:ejud'ce against The said John Roger,
make up q li.t OF jurors 30 understood by said
Eelted States marshal 10 be preludlced against
tie said John Roger; and s this heis 1 EeaSy s TO verify
G. L. BUST, for Defendant.
In support Of this motion Major Buist read an
affidavit by James Francis, a colored man sixty
three years old. q barber BY occupation, living
on King street, Charleston, In which he sWore
that a short time before the present session or
the court he had Q ,led upon United States Mar
shall Wallace and asked to be. placed upon The
Jury. The marsh II said he did not know the de-
ponent, and the deponcnt referred him to several
Rentlem n, but the marshal said that would not
do, but II he could refer to Mr.. Mackey or Mr..
Corbiu 1t would be all right.
Major Butst siia that he did not mean that the
defendant knew anything personally against any
one Of the jury, nor that he could prove With his
present knowledge anything against The mar.
shal, but he thought that, under the law in all the
works of crIminsl authority, they should be per.
United to put the m .rshal and other persons on
the stand and put questions to them 80 as to as.
certain II these charges were true or not BE
began to quote from Sd Blackstone, page 35s, but
WIS interrupted by Jud 'e Bond, who Said that he
did not believe the counsel could quote law
enough to convince the court OF the justice OF
his position. The marshal did not summon the
iurors de circumstsntious because the act dis
tinctly said he shouldn't. The d%eponent who hat