The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-05-31
In Rc moaca.

| In Ke Moses.
There seems to have been change
OF tactics on the part of the COUNSEL
for Governor Moses, before the court
at Orangeburg. on Friday. 1t is
stated in the report OF the matter pub.
lished in the Orangeburg Ners, OF
yesterday, that Mr.. Chamberlain was
engaged all the. morning in getting up
afidavits to show that the Governor
could not get fair trial there. This
could only have been in accordance
with the purpose of moving for change
OF venue. When the case was called
and the Governor did not respond, the
Solicitor moved that a bench warrant
be forthwith issued to compel his at.
tendance, Judge; c .aham did not
grant the order, which woG{d have
been in keeping with the proceedings
of Last week. He desired to hear the
defendants counsel, and Mr.. Noise.
Of Sumter; who had been entered as
one of his counsel, urged upon the
codtt that no true bill had been
fon nd, aud therefore no benoh warrant
had been issued. or could be issued.
This was q new line of defence alto
getheru ,,Whereupon the Judge stated
that he was' "im pressed. aud was now
troubled with 'dpptss as 20 :whe,her
the court had juri!diction or bot. He
was even more impressed by the views
OF Elliott, who contended that u Go
vernon could not be arrested until
after he was impeached. Tue upstart
of it all was that his Honor the Judge
reserved his decision as to- Jurisdiction,
and d'continued the case till next court.
The Solicitor stated that the Go
verhor's counsel had pledged that he
would attend for. trinl. He and the
court had acted upon that understand
ing. In urging upon the court to fix
upon the 29th as the day for trial, and
to sever the cases. Elliott and Cham
berlain had represented that they were
authorized by their client to assure the
court shat he (Moses) recognized the
full Jurisdiction OF the court to arrest
and try him for the said offence; and
they further assured the court that the
defendant Moses would be this day
present for the trial; and upon thess
assurances the court granted said mo-
tious and suspended further proceed
ings to canae the arrest Of the said
Moses. J.isI II. i.
We do not undertake TO judge, the
points OF law raised on either side.
The court msy or may not have had
jurisdiction, the Governor may or may
not have beed liable to arrest. No
doubt good Arguments could be CON
stxneted on either side. But no lawyer
or Judge can mako good defence Of
breach Of faith. Moses and his
oonnael we're pledged to stand the
trial. One Of them took pains to deny
that he advised his client to refuse to
accept service OF the writ. We sup-
pose he did. But i; would have been
better to have 30 advised him than to
have agreed to the trial, to have fixed
the day. aud then not kept faith with
the court and country. Tn,s new tack,
it is true, WAS initiated by new man,
but the counsel first engaged we're pre-
sent and assisting. aud consenting at
least GUrd morals were violated in
the Introduction of new proposition,
and in the Efforts of u new counsellor.
who had such tremendous power in
impressiDg the court with his views.
The New York Herald recently asked
if we could not do something To relieve
the burdens of the Suuth-''somethin
more than to sing hymns and strew
flowers over Confederate graves on
Deoorat on DA,?' 70 this question,
the BurIii gton Gazette, of Iowa, nu-
swers that to do this we must change
the policy Of the Guvernuent; "by
throwing out OF power the corrupt
men now ruling. the affairs of the
South would ut once begin to
brighten"