The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-03-06
AFFIDAVIT, OF N. 8. MILLER.

/
AFFIDAVIT OF N. 8. MILLER.
State of South Carolina, County of Richland
Personally appeared before me, r. b. Kirk
q trial justice In and for said county and State
N. 8. Miller, q member to the South Caroline
Legislature from the County of Fairfield, whe
upon oath deposeth end says that on or about
last Wednesday evening, December the 7th
1872, In the City OF Columbia, =; G., 10 com
paDy with James Batteas, of Fairfield County
Henry G. Worlhington, sometimes called
Harry G. WOrthington, called to me, saying
"that he wished to see me-" he took me
aside from said Bstteas, anu .old me that ke
was authorized to offer me four hundred dol
lars as consideration for my casting my vote
for John J. Patterson at the election fol
medately remarked to said Batteas that Pat
terson was Offering me, through said Worth.
ington, one hundred dollars more lor my vote
than Patterson did few days ego;
Sworn to and subscribed before me- at Co.
luubla, s. c., this seventh day of December,
eighteen hundred and seVenty-two.
3. d. KIRK,
Trial Justice, Rlchland County, 8. G.
Upon these and other similar af1davits, the
trial justice did not hesitate to Issue war.
rant for Patterson's arrest, and the events
which followed were related as follows In The
| NEWS OF the llth:
COLUMBIA, December lO-6P. NJ.
John j. Patterson, the senator elect, was
arrested at four o'clock this evening in the
| United States deputy marshal, deputized as q
constable for this occasion. The arrest was
made upon warrant Issued by Trial Justice
| 3. d. Kirk, upon the affidavit of n. g. Miller,
a member of the House of Representatives from
Fairfield, charging Patterson with brlbing
him 10 vote for Patterson for senator.
Patterson was taken to Kinks office, where
a crowd OF his friends gathered, and created
disturbance In the office which came near
resulting 10 a riot. Patterson INDUCED In
most abusive language toward Kirk, and, 1t is
| said, attempted to get pistol from Hurley,
| with the avowed i"tentlon of shooting Kirk.
Mnlon, colored adherent OF Patterson's,
| also drew pistol on Beatty, and attempted
| to get possession Of the warrant and de-
| strOy 1t. In the confusion Patterson walked
away.
Kirk has since, 1t Is said, Issued another
| warrant for the arrest of Patterson, which has
been placed in the hands OF Hendricks and
Hernandez, and which Is to be executed to-
aight.
COLUMBIA, December lO-9.30 P. N.
Patterson was re- arrested this evening upon
| another warrant from Kirk, by special con-
| stables Hendricks and Hernandez, who also
| had 10 their possession commitment to The
county jail for twelve hours, for his alleged
contempt of court this afternoon. Worthing-
| ton was also arrested upon warrant and am
| davit charging bribery. Both were taken to
Kinks office, which was found closed. Hem
drIcks then took Patterson, accompanied by q
| large concourse OF friends and spectators, TO
| the county jail. where he was turned over
| 10 the sheriff Of Rchland. Hardly had this
been done, however, when special constable
Canton appeared on the scene. with writ OF
habeas CORPUS, issued. by Judge Mackey at
chambers in the Columbia Hotel, and return
able at ten O'Clock this evening, before Judge
Mackey, at improv1sed chambers over the
Carolina National Bank. Patterson was,
therefore, released, and large crowd Is now
assembled over the room of the Carolina Bank
awaiting the proceedings upon the return to
the ha6eas corpus. Among. the crowd are
Bowen, Ed. Mackey, Chamberlain, White
more, and host of other Radical leaders and
| friends of The prisoner.
Judge Mackey sent notice 10 Kirk that the
return to the haoeas corpus would oe nearo
at ten o'clock tonight, 80 that he might al.
tend to show cause why The petitioner shoulo
not be released. Kirk sent word back that
| he wouldn't come for all the Mackeys 10 the
| country. Judge Mackey then proceeded to
| lry the contempt r"ee. Hurley, Patterson
and colored man ,estifed, all agreeing that
no disrespectful language was ueed until alter
| Kirk had adjourned his court. Patterson was
therefore released from the commitment Tor
contempt, and was carried out of the lmpro-
vised courtroom on the shoulders OF his
friends, singing, "When Johnny comes march
1 Ing home again" The action OF Judge Mackey
| has no reference 10 the charges OF bribery,
under which Patterson was originally arrest
ed. Olher warrants are out for his arrest,
] which may or may not be served tomorrow.
The next day the senator elect, who had
doubtless been advised that it would not do to
disregard all the forms of law, surrendered
himself to the trial justice, and was held 10
bail in the aggregate sum OF s26,6oO, 10 ap'
pear before The Court OF General Sessions for
| the County of Richland at the February term
and answer the charges OF bribery that had
been made against hlu. Patterson now began
to hnd himself getting deeply entangled 10
the tolls, and he had recourse to desperate
| remedy. The services Of one A. G. Richmond,
who was then q trial justice In Columbia,
| were obtained, and q sort Of examination OF
| the charges was had before him on Tuesday,
the 18th OF December. The Idea OF the case
OF q defendant who had just been held
to bail by one trial justice being carried
before another trial justice for review and
reversal was of course exquisltely absurd,
and 1t Is not pretended now by Patterson's
friends that the proceedings before Richmond
have any bearing whatever on the status oi
the case. A so-called examination was had
by Richmond, and that official took 1t upon
himself to discharge the defendant from bail.
This fact was then telegraphed all over the
| country with the evident Intention Of causing
the impression that the charges against Pat,
terson had been finally tried and dlsproven,
and the object of these proceedings before
Richmond was thereby accomplished. Al
about this same time Trial Justice Kirk was
deposed from Office by the same Senate that
had elected Patterson, and Captain q. W.
Hendricks, who had arrested Patterson on the
night of December 10th, was removed from
bis position as deputy United States marshal
In the meantime, Trial Justice Kirk hac
taken care that the papers and testimony 10
his possession, and upon which he had held
Patterson In bail for trial, should be preserved
and be In readiness for the next term OF tne
criminal court. To secure their safe-keeplng
he deposited them In the office of the secre
tary of Slate, taking that officers recelp
therefor, and he deposited that receipt IN the
0zt, hta n