The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-06-22

recommending Mr.. Caughman, their
agent, aud the cause he advocates, tothe
favorAble NOTICE of the people. Papers
in above blAssaEil please copy.
-
The STATE Ys. ARTHUR A. GLOVER
AprI1oA3ioN, FOR BAI1.-Jndge Oarpen-
ter, in chambers, yesterday. heard ap-
plication for bail of accused on above
charge. The circumstances OF this ira
gedy having been already narrated in
the public Journals. renders ecossary
an enumeration OF the details. Nume-
rous aftidavits were produced by the de-
fence. establishing the facts of threats
by the Gomilions against the life of
Gfover-threats of q character which, it
is submitted, amply warranted che de-
fendant in taking any and every measure
for his protection. Affidavits, in addi-
ton. were shown by the defence, e1hi-
biting character Of violence marking
the Gomilions as assailants whom every
precaution should be maintained against
The case was ably argued by the counsel
Of Mr., Glover--Judge Bacon as expo.
nent. Of the law and Generals Butler
and Gary arguing on fact; the Solicitor,
MIR, Rppkle, and colleague, Mr.. Dunbar,
d9clining. argument rs to the application
FOR. bail in the count Of the killing OF
William Gomillion. save that they
urged that the af1idavits were in
suhioient to- reduce the killing be-
low the degtee of murder, and render
it bailablef offence under the statute;
but insisting upon the issue of bench
warrant for the arrest of Glover, to
abide the result Of the elder Gomilion's
injuries. His Honor ruled that in the
homicide of Wm. Gomilion, the offence
was bailable, and fixed the amount OF the
sum OF $4,000. This question being
settled, the Solicitor and colleague, MIR.
Dunbar, made application for bench
warrant against the prisoner, as above
stated-the charge being assault and bat
Gomillion; the grounds taken by the
not warrant the assault; that the threats
referred to above wore made only by the
younger Gomilion. and did not emanate
from tho father, and that tho elder Go
million fell an innocent victim in this
feud. Judge Bacon argued that only q
court in term time could issue such o
warrant as marked citizen with felon's
badge. consigning him to felon's cell.
Gen. Butler recited the circumstances
supported by the affidavits. both as to
the threats Of the Gomilions against
Glover, the relative positions Of the par
ties in the fray and the popular opinion
OF the turbulent character of the Gomi-
lions, nnd drew the deduction that MIR.
Glover simply acted as prudent man,
who, fearing violence and bodily harm.
used such measures rs discretion would
teach to protect his life. Gen. Gary in
sisted that the deceased Gomilion WAS,
to the day of his death, under indict.
ment for raaoherously shooting -
Posey in the back; that his father had
been conspicuous on the criminal dockets
for twenty years; that the son had been
carefully educated by the sire, in O code
of blood; that corps OF native bullics
were enlisted in the contemplated attack
upon Glover, and submitted that the de.
fendant only acted, in view OF attendant
circumstances, as q discreet and prudent
man would do.
His Honor declined the application
for the bonch warrant, but ordered the
prisoner to be remanded to the custody
oi :hs Shos;G os EiSeae!a County,
pending the critical condition Of I,ovett
Gomilion. 10 grant bail in the major
offence and to remand to custody in the
minor was an obvious inoongruity which
challenged criticism. One opinion
amongst the lawyers seemed to prevail
relating to this startling phenomenon.
In the eloquent language of Gen. Gary,
it appeared ITO grant right with one
hand and withdraw it with the other"
a minority representation which savors
acItely of some political motive. X.
The PHGNIx still continues as true
exponent OF public sentiment and O
faith f,1 oopfipa1 IN fbo xpofoh korro.