The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-18

In case of a decision favorable to the petition
tie court will then have to meet the othel
question. PALMETTO.
THE FIRST FIZZLE.
-
Failure OF the Jury to Agree in t
Murder Case-A New Trial Ordered
Another Charge OF Murder abandoned
by the Government.
At the hour of assembling of the United
States Circuit Court yesterday morning, the
Jury in the case OF William Smith and Leander
Spencer, who had been out since 800 the pre-
vious evening, had not yet returned, and a
long Interval of waiting for the verdict re-
suited. Neither OF the judges were present,
and the court was at q stand-still, until at II
O'Clock Judge Bryan took his seat upon the
bench, and announced that he was prepared
to hear any motions that the gentlemen at the
bar might desire to make in either the Dis.
tIiet or Circuit Court.
Major G. Lamb Buist as counsel for Mr..
John Rodgers, Of Union County, said that he
had q motion to make for a continuance of the
case of his client until the next term of court.
The indictment, he said, contained three
counts charging conspiracy and murder. and
had only just been furnished to the defendant.
He read an affidavit by Mr.. Rodgers, In which
he deposed that he could not safely go to
trial in the absence of Miss Ida Glst, who was
q material witness for the defence; that she
had been q guest at his house at the time of
the first raid on Union jail, and could prove
that he was In the house during that raid; that
the affidavit was not made for the purpose of
delay, but because the testimony of the wit
ness was material to the defence, and that the
point could not be proved by any other com
peAnt witness. Major Buist stated that the
defendant was under $4,000 bail, with good
securities, for his appearance whenever ,7ant-
ed by the court; he had written to the witness
and done all in his power to secure her pres
ence, but she was in Arkansas, not within the
Jurisdiction of the court, and had been detain-
ed away from the State by the serious illress
OF her father. If they had had the Indictment
six months before they would have been pre-
pared, but the Indictment had only been fur
nlshed to them on Saturday night.
9kE. SOIUlu lCp1Cu, WILL WOL0l Aoh ~ uouoA
petulance, that the application was an extra
ordinary one. The defendant said he could
not go to trial without this witness, but had
not invoked the process of the court to- get
her here, and had not shown any diligence at
all. The witness did not amount to anything
anyway, and the government would admit
that her statement as contained In the afida-
Wit was all true. The defence might have the
full benefit of that. The government pro-
posed to discontinue the charge OF murder
anyway.
Major Buist said that he had never known a
case where more substantial grounds had
been presented for asking the indulgence of
the court. The point at issue was of the ut
most Importance as to the charge of murder,
that ~charge-the most serious charge In the
indictment-was going to be suddenly aban-
doned by the prosecution. The witness that
they desired would, however, be important to
them In their defence upon the other charges,
as she could prove that the witnesses for the
government had perjured themselves IN the
afidavits they had made.
Judge Bond, (who had by this time arrived
in COURT asked the district attorney when the
Indictment had been found.
Mr.. Corbin replied that it had been found at
the November term Of the court.
Judge Bryan remarked that the affidavit did
not state that the witness would have been
useful to the defendant upon any other than
the charge of murder. If 1t had stated that
her testimony was essential to the defence
upon the other charges, to contradict the wit
nesses for the prosecution or to neutrallze
their testimony, he should have decided that
1t was a case demanding the exercise of the
discretion of the court In granting the indul-
gence asked for.
Major BUST said that they had had no init
nation that the murder charge was to be with
drawn, and had drawn their affidavit to apply
to that charge. They could, however, pre-
pare another affidavit, embodylng the facts
that he had stated to the court.
The district attorney again objected, how
ever, and after some further argument, Judge
Bond decided that the case must come to trial
on Monday next.
MIR. Corbin then called up the cases of Cor.
ton Moss and Adolphus Smith. He said that
these defendants had been indicted for murder,
but That subsequent investigation had satisfied
the government that there was a great preba-
.bility that the charges were not true. He
then moved that the defendant be released on
their own recognizance In one thousand dol
lars each, which was accordingly ordered.
George Sylvester Wright and John G. Robin
son were next arraigned, aud pleaded guilty
to an indictment for conspiracy against Har-
dy Cook, in York County, March Z, 1871.
The case of Elijah Ross sapaugh, of York
County, Indicted at the last term of the court
for conspiracy against Thomas Roundtree. and
murder, was called, and John F. Ficken, Esq,
assigned 10 the defence of the prisoner.
Upon the application Of Mr.. Ficken, the case
was set down for trial tomorrow.