The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-01-09

his Honor Judge George s. Bryan pre-
siding.
+. W. Fiokling, Esq. submitted and
read u petition Of Robert Hayes Mitch.
ell, one Of the prisoners convicted under
the ku Kiux Act, praying for the writ OF
hd6eds corpus ip his behalf. Also, q po-
tition OF the same kind in behalf of J.
JEFFERSON Grier, who has been arrested
by the United States Marshal aud is in
confinement. but against whom no
charges have 90 yet been made.
The petition in the case of Robert
Hayes Mitchell is as follows:
THE UNITED STATES OF AMERICA.
DISTRICT OF SOUTH CAROLINA.
IN THE oIRoo1T ooURT-FOURTH CIRCUIT.
In re. Robert 81. Mitchell. Petition 6o,.
torA Of hdbeas corpus.
10 THE Hons. HUGH T.. BOND AND
GEORGE 8. BRYAN, JUDGES OF THE SAID
COURT. SITTING IN SAID Court IN AND FOE
SAID CIRCUIT AND DISTRICT: The humble
petition OF Robert Hayes Mitchell, of
the State and District aforesaid
showeth that your petitioner is restrained
IN the custody Of Il. e. johnson.
United States Marshal in and for the
District OF South Carolina aforesaid, in
Jail. by virtue OF the judgment and SEN
tenoe OF the said court. rendered and
pronounced after q verdict of guilty.
found against your petitioner on a Ger.
tain bill of indictment found against
your petitioner by tho grand Jury Of the
said court, for ''that he, (and divers
other persons in the said bill OF indict.
ment named, together with divers other
vil-disposed persons, to the jurors afore-
said as yet unknown, lnte OF York Ooun-
ty, in the State Of South Carolina. at
York County, in said District, and with.
In the jurisdiction Of this court, on the
9th day OF March, A. d. 1871, unlaw-
| fully did conspire together, with intent
to violate the first section Of the ACT en-
titled An Act to enforce the rights of
the citizens OF the United States to vote
in the several States OF this Union, and
for other purposes approved May 81,
1870, by uniswfully hindering, prevent
ing aud restraining divers male citi-
zens of the United States, of African de-
scent, above the age Of twenty -one yesrs.
qualified to vote at any election by the
people in said County. District and State
from exercising the right and privi-
lege of voting, and by other unlawful
means not allowing them, the said male
| citizens, to vote at an election by the
people, to be held on the third Wednes-
day in October, A. D. 1872, within the
County. State and District aforesaid,
contrary to the ACT of Congress in such
case made and provided, aud against the
peace and dignity of the United States.
And also for that he and the persons
above named, together with divers other
evil-disposed persons. to the jurors
| aforesaid as yet unknown, late of York
County, in the State of South Carolina,
nj = Il
within the jurisdiction Of the court, on
the 2lst day OF -. A. D. 1871, unlaw-
fully did conspire together to injure
zen of the United States, lawfully
entitled to vote in his person, on ac.
count Of his giving his support in
lawful manner, in favor OF the cleo
ton of A. 3. Wallace, u lawfully quail
lied person, as a member of the Con-
gress of the United States, contrary to
the Act OF Congress in such case made
and provided, and against the peace and
dignity OF the Uoited States. And your
petitioner further show, that the said
last recited count Of the said bill of in
dictment is for an alleged violation of an
Act OF the Congress of the United
States, entitled "An Act to enforce the
provisions of the fourteenth amendment
to the Constitution of the United States.
and for other purposes" approved April
~, 1871. Your petitioner further shows.
that he is advised by counsel learned in
the law, that he has been indicted, con-
victed and sentenced, and that he is re-.
strained of his liberty in violation of the
Constitution of the United States. Your
petitioner, therefore. humbly prays your
Honors to grant him writ of ha5eas
corpus, to bring your petitioner before
your Honors. that the cause of commit.
ment being known and seen, such fur.
sher proceedings may be had thereon as
are agreeable to law and justice.
Judge Bryan stated that he would hold
the petitions under advisement and hear
argument on the question tomorrow
morning.
MIR. Fickling, who is acting in consul
tation with Messrs. Stanbery and John
son, is to bring out three different kinds
of cases on hGbeas corpus, 30 as to take
the matter to the Supreme Court, by
cerii0rdri, and thus test the constitution
ality OF the Enforcement and Ku Klux
Acts. The first is case where the party
has been arrested. tried and convicted
The second. where the party has been
arrested and indicted but not tried, and
the third, where the petitioner has been
arrested aud held i'll confinement but not
indicted
The grand jury returned number OF
true bills. and the court adjourned at 2
L. NJ, till IL o'clock tomorrow.
The Boston Weekly Statesman, OF the
10th ult., says:
The facts in regard to the plundering
of South Carolina by the Radical Go
vernon and other officials are quite az
bad as has been charged. Tie ring
frauds in New York pale before this re-
velation Of what good and loyal men,
elected to bring the State out OF the
slough Of reconstruction into sound re.
lntions eth tha Govarnmant and 70 aat