The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-12-19
Mccullough, W. h. Wallace and John Will

Bowen, Compton, Cooper, Featherston, Meetzs,
T. ]. Moore and R. NJ. Smith,.
Those who voted for Scott were Messrs.
Cochran, Hays, J. F. Myers, Rivers and Tate
IS.
Those who voted for Sawyer were Messrs.
Crittenden, Dusenbury, Goodwin, Rice and w.
w. Spencer-6.
The vote in the Senate was little closer.
The same candidates were nominated, and the
first ballot was held without result, the full
number of Senators voting. The vote vas as
follows
Those who voted for Patterson were Messrs.
Corwin, Ford Gaillard, Hollinshead, Hope,
Jamison, Jervey, JONES' Lee, Owens, Smalls, Q.
Smith, J. M. Smith, Swails, White, White
more-l6.
Those who voted for Elliott were Messrs.
Cain, Cardozo, Clinton, Hayne, johnson and
Nash-6.
Those who voted for Sawyer were Messrs.
Donaldson, Duncan and Dunn-3.
Those who voted for Scott were Messrs. Dick
son, Mcintyre and MAXWELL.
Those who voted for Graham were Messrs.
Duvall Keith and Wilson,.
Those who voted for Moses were Messrs.
Hocombe and Jeter-2.
A motion was then made to adjourn, but was
lost, and second ballot was held with the
same result. Before, however, the President
announced the count, Senator Maxwell
changed his vote from Scott to Patterson, thus
giving the latter majority.
Under the law the candidate was required on
the first days ballotiRg to receive majority
in each house. In the Senate the whole num-
Der of votes cast was 33. Necessary to choice
II. Patterson received II; Elliott 6 Judge
Graham 8; Sawyer 81 Scott 8; Moses 2.
In the House the whole number of votes cast
was 1874 Necessary to choice g. Patterson
received 70; Elliott q; Scott 5; Pointer 2;
Moses q Sawyer 5.
The Speaker announced that Mr.. j. j. Pat
terson, having received a majority of the whole
number of votes given, was elected as the
choice of the House of Representatives, and
the proceedings would be read in Joint Assem-
bly, TO o-morrow at IL m, and the result declared.
The Patterson men were naturally jubilant
over this result, and sported champagne and
segars in due proportion to the magnitude OF
their visitors, but the sequel showed that the
opposition had not yet given up the struggle;
About dusk this evening constable astonished
the new United States Senator by producing
warrant for his arrest on charge of attempting
to bribe a member of the Legislature, and
profered modest request that ne would ac-
company him, the said constable, to the office
of the Hon. r. H. Kirk, a Trial Justice in and
for, and so forth. The warrant was based upon
the following affidavit:
STATE OF SOUTH CAROLINA,
COUNTY OF RICHLAND.
Personally appeared before me, r. b. Kirk,
Trial Justice in and for said County and STATE,
NJ. S. Miller, of Fairfield County, member to
the South Carolina Legislature, who upon oath
deposes and says, that at Columbia, S. c., on
three different occasions, in the month of No
vember, 1872, one John j. Patterson, of said
County and State, did offer and deliver to me
money, amounting in the aggregate to sixty
FIVE dollars, (s65] for which he now holds a
due bill signed by me, and which money is now
in the hands of Trial Justice R. b. Kirk, of
said County and State.
Deponent further states that this money was
given him in part payment and in considera,
ton of deponent's casting his vote for the SAID
John J. Patterson, on Tuesday next, at the
election by the Legislature, of which deponent
is member, the said Patterson being candl-
date for the United States Senate.
Deponent further states that the said John j.
Patterson told him that if he would so cast his
vote. the said due bill would be returned to him,
and regarded as a cancellation of said claim.
N. S. MILLER.
Sworn to and subscribed before me, at Co
lumbia, S. c., this 9TH day of December, 1872.
R. KIRK,
TT Richland Co., S. c.
Nothing dlsmayed by this proceeding, Pat
terson proceeded to the Trial Justices office, a
little shanty in a back. street, and stated his
readiness to give bond for his appearance or go
into a trial of the case. From the evidence
subsequently produced, it appears that the
aforesaid Trial Justice became a little excited,
and sundry and divers pistols were thrust at
him, and grave doubts expressed at the respect
ability of some of his ancestors. Seeing which,
Patterson was told to go of and appear in the
morning to give bond to answer the charge
About eight o'clock in the evening, however,
II. w. Hendricks and Ben Hernandez again
arrested Patterson on commitment Tor con-
tempt of Court, and incontinently lugged the
Senator off to Jail. A petition was at once sent
to Judge T. J. Mackey, by Tim Hurley, pray
ing for writ of habess corpus, and t. the writ
was Immediately served upon the Sheriff.
Judge Mackey heard the cause at Chambers,
Mr.. Chamberlain appearing for Colonel Pat
terson. Before going into the evidence, Judge
Mackey sent note asking Kirk, the Trial JUS
tcc. to appear, and show cause why the prison.
er should not be discharged. Kirk, however,
refused to put in an appearance, and sent word
Inv the messenger that he wouldn't come for all
the Mackey family. Whercat the Judge pro-
ceeded to examine the evidence. Three wit
nesscs were examined, all of whom testified to
the facts as | have already stated. Judge
Mackey, after hearing the evidence, rendered
q decision holding that the power of Tra!
Justice to commit for contempt did not extend
beyond tho verge of his Court that it was lin
tied by the statutory enactment to commitment
for the observance of due order in his Court,
and that as the evidence adduced showed that
the prisoner had committed no contempt IN
open Court, the commitment was illegal
relieved from durance vile, and was again per-
mitted to inhale the frosty air, and gaze upon
the moonlit atmosphere. The case will proba-
bIy come up tomorrow, if it does at all, but
there are grave doubts whether the parties will
nress it. The Patterson men claim that they
can e prove the statement to be untrue, and
thn nrosecntors. finding that there are no va