Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1874-07-23

murder, however clear the proofs are against
him, he cannot be tried by court of justice
until after he shall beimpeached and removed,
is erroneous, and on this point he deemed it
proper to instruct the grand jury specially.
The constitution of the State provides that
the Governor or other executive officer shall
be liable to impeachment for crime, which
impeachment shall extend no further than
removal from Office but he shall, neverthe.
less be liable to indictment and prosecution
in the courts of the State. AS the law pro-
vides that no person can be twice put in
jeopardy for the same offense, the language of
the constitution is so guarded as to prevent
the plea of impeachment, in case Of indict-
ment. The office of Governor is classed with
executive officers, as are trial justices and
constables, and if Governor cannot be tried
before conviction and impeachment, no other
executive officer can be arraigned for viola
tion of the laws. The consequence would be
the granting of license to all manner of exc.
cutive officers to commit such excesses as they
might choose, and the hand of the law could
not restrain them. These points the Court
deemed it necessary to explain, so that the
grand jury might know their duty, in case
charges against any executive officer should
be presented before them.
Leander Dixon, young freedman, who
at the January term was convicted Of petit
larceny, and for whom sealed sentence had
been lodged with the clerk, the prisoner hav-
ing absented himself, was brought before the
court to hear his sentence. His Honor re-
marked that inasmuch as the culprit had been
in jail since last April, and this being his first
ofense, he would modify the sentence from
what he had originally intended. II could"
said the Court, "send you to the peuitentiary
for several months; but were | to do so, you
would be in bad company, and besides, the
Governor might possibly pardon you in few
weeks, and that would disgrace you. will
put you in better company than you would
find in the penitentiary, by sending you to
the county Jail for one day; and let this be
warning to you, for should you again be con-
victed of similar oAense you will 60 to the
penitentiary and have to remain, as we will
then have Governor who may not so freely
exercise the pardoning power"
The answer of M. L. Owens to show cause
why he should not be indicted for alleged
misrepresentation of the Catawba Indian fund,
for which be was agent to disburse, was pre-
sented to the Court. The answer of the
agent appeared to be an abstract of account,
purporting to show to whom, and in what
amounts the funds had been paid. The Court
declined to receive the paper, remarking that
it contained no legal evidence; that it did
not signify any thing as to the true disposi-
ton of the funds; and that it went no further
toward exculpating the agent of the charges
against him than if he were to produce before
the Court an Indians bow and arrow, a string
of wampum, or even scalp. The Solicitor
was instructed to investigate the matter, and
if, in his opinion, the circumstances warrant
it, to send the case before the grand jury.
Walker Smith, accused of the murder Of a
negro named John Sanders, alleged to have
been committed on the 9th of April last, was
arraigned for trial. The case was concluded
Tuesday night, the jury returning verdict
of not guilty. The jury in this case consisted
of three blacks and nine whites. The plea
set up by the defense was insanity at the time
the deed is alleged to have been committed,
and the evidence at the trial was substanti-
ally, the same elected before the jury Of in
quest, which we published at the time Of the
occurrence. The prosecution was conducted
by Mr.. Solicitor Brawley; and I. D. Wither-
spoon and T. j. Bell, Esqs., appeared for the
prisoner.
An application for license to retail liquor
at Smiths Turnout, though approved by the
grand jury, was disapproved by the Court
his Honor taking strong ground against the
granting of license, especially to men of good
character, for the sale of intoxicating liquor.
The cases set for trial at the time we 60 to
press are the three indictments against Uni
ted States Deputy Marshal j. B. Hubbard -
charging him, respectively, with malicious mis-
chief, petit larceny and false imprisonment.