The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-01-03

been found against Rev. r. e. Cooper,
Mr.. Avery and Louisa ChambeyS, for
intimidating the witness. Isaac tie Apos.
tie.
The testimony In the case was closed
here, and the counsel went 70 the jury.
Col. F. W. McMaster had but Just
commenced his argument, reverting to
the original purity and excellence of the
trial BY jury, as established in England,
it's subsequent corruption by O partisan
Government afterwards, az witnessed in
the case Of O'Oonnell, tho Irish patriot,
&c.. when Mr.. Corbin requested permits
sion TO interrupt the counsel. He stated
that he did not observe the prisoner in
tho court room; that he had inquired OF
the counsel where the prisoner was, and
was answered that it was for him to find
out.
Col. MchIaster-That is so, and I re-
peat my reply.
Judge Bond-Oun the counsel for the
defence give us any information OF the
prisoner?
Col. Wilson, WIS Informed yester.
day, may it please your Honors, that the
prisoner left. on Saturday evening, to
visit his family, and understood that he
would return by the next train; but I
had no interview with him before he left.
Judge Bond-Col. McMaster, have
you any information as to tho where
abouts Of your client?
Col. McMaster-I hope the court will
excuse me from answering that question.
Judge Bond-Col. McMaster, will you
inform the court if you had any commu-
nioation with the prisoner in regard to
hia absence?
(yOl MCkIoofor Looo A.. NzA 80.
excuse my not replying to that question,
also.
Judge Bond-Mr. Clerk, you VII serve
a rule Immediately upon Col. NcMaster,
to show cause why his name should not
be stricken from the roll of ATTORNEYS OF
this court for contempt.
Col. McMaster-I trust that the Cont
will allow me reasonable time to consult
counsel upon question OF some i'm.
portance to myself, at least.
| The rule was accordingly prepared and
the time for Col. McMaster to answer
fixed for Wednesday next, January 3.
An order was signed by the Court de.
claring the bond of tho prisoner for his
appearance forfeited, aud ordering that
the writ Of scire fdcids do issue against
the rriecner aud his hontlsmap. j. r.
Lowry. Esq, returnable in two days.
MIR. Corbin stated to the Court that he
was under the impression that the trial
could not be continued in the absence oi
the defendant, but would be glad to have
until to- morrow morning to consider the
question. -.if IL,
The Court, rt,'accordingly, adjourned un.
til tomorrow, at IL A. M.
TUESDAYS PROCEEDINGS, January 2,
1o72.-The court met Mt IL A. NJ, Judges
Bond and Bryan on the bench.
Mr.. w. B. Wilson stated to the court
that the Rev. II. T.. Cooper had beon or.
rested under bench warrant this morn.
ing, and was now i'll confinement; that
Mr.. Cooper had previously been arrest.
ed, and required to give bail to appear
and answer tho snme charge at Yorkville,
and he moved, therefore, that he be re.
leased from the custody Of the Marshal.
The court 30 ordered
MIR. Chamberlain announced to the
court, that since the adjournment yes
terday, ho, together with the District
Attorney, had been Investigating the
question which arose from the fact ol
the absence OF the prisoner on trial,
whether or not, under tho circumstances.
the trial could proceed on to the rendi-
ton of o verdict for or against DR..
Avery. AS to the general rule in cases
OF felony and treason-that the prisone,
should be present to cross-examine wit.
nesses, &c., he said he had no doubt but
the question here was, whether the pri.
soner. after appearing and pleading,
could absent himself of his own free will,
and by taking advantage of his own
wrong, defeat the ends of justice; that
the right to be present was privilege
granted to the defendant. and if, of his
own accord, he failed to take advantage
OF it. it seems absurd that for that rea-
son justice could be cheated of her vic.
tim. He stated that, after long and
careful examination of authorities, NO
case had been found exactly parallel, ex-
cept in an Ohio case, where, Just as here,
a prisoner, after having been arraigned
on charge of felony, made his escape,
and left the court in a similar dilem ma
as that in which We find ourselves.
Col. McMaster was then instructed to
proceed to address the jury. After q
short review OF his argument yesterday
in regard to the nature and intention OF
the trial by jury, its pristine purity and
final deoadence, the speaker went on to
show, that in this court, the jury had
been formed in a way that tended far
more to defeat the true purposes of such
q tribunal than even the memorable Jury
that sat upon the trial of the Irish pa
triot, Charles 0 Council, aud which drew
forth the sternest condemnation of the
illustrious historian. Maoaulay. In that
instance, the great injustice rested in the
fact OF O'Connell being Catholic and
the jury being composed entirely of his
religious tagonists-Protestnnts But
here, in South CuroIinu, in the Circuit
Conrt Of the United States, what do we
seeP The collectors of internal revenue
furnish to the Clerk of the Court o GER
tain number Of names. from which the
Jurors are drawn. Those collectors, in
the first place, are tile political enemies
of the parties arrested under these ku
kiux Acts, and the complexion of the
juries manifests the fact that they have
allowed their On nrtisan preindiona to Hind