The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1874-05-23

tho principal felon has not been con
victed, or isor is not amenahle to jus.
tice,. aud, ii the last ulentioaed case,
may be punished in the same manner
Us if convicted of being an accessory
before tho fact.
SEC 3. A person charged with tho
ofense mentioned IN the preceding Sec.
ton may be indicted, tried aud punished
in the Same Court and County where
the principal folou might be Indicted
and tried, although tho offenso of ooun.
selling, hiring or procuring tho com.
mission Of such felony is committed on
the high seas, or on land either withia
or without the limits of this State.
A true bill having been found, Solici-
tor Buttz moved that bench warrant
be issued for the arrest of Governor
Moses.
Jude Graham remarked that he was
not sure that his Court had the power.
to make auy such order that Moses
was Goyernor of the State, and in his
opinion the Legislature was tho only
body that could proceed in the matter,
and that would be by impeachment.
Mr.. Buttz replied that ho had not in
dicted him MS Governor, but simply as
Franklin j. Noses, Jr.; that he had
committed tho offence alleged against
him, and was just as amenable to the
laws as tho poorest citizen in the State,
that he knew of no law to prevent his
arrest, while on tho Other han |, there
was an abundance which provided for
the appre hension and punishment of all
criminals; that no official position could
shield p man from that rosponsi-
bility, an d that his Honor's Court had
Jurisdiction Of the case.
Judge Graham said that it was rather
novel Thing to arrest Governor for
stealing, and would take the matter un-
der advisemcnt In the aftern 90 n ,
however, he granted the motion. and
bench warrant was Issued. Sheriff
Cain proceeded to Columbia th,t night,
went to the Governor place Of residon.e %
for the purpose Of carrying out his lu'y>
and requested to see him. He was met
by Gcncfpl Dennis, who com nun icate |
to him the Governors int,n ion, as is
shown inJthc following return, made By
the sEsrfR upon the warrant Of arrest
OnAEGE3rRG, s. c.,
May Goth, 1874.
In oil cdicnce 10 Tic within warrant 7
proceeded to Columbia OH the 10Th
lust; called at the r.si lcac, Of +. j.
Moses, Jr., defendant and ma dc an
effort to execute this warrant. was
informed by John B. Dennis that said
Moses refused to be arrested, under any
circumstances. | also learned that
Mos cs had called out the militia to
resist the execution of this warrant.
(Signcd) Il. L. CAIN, S. O.C
While all this was going on in
Columbia, Hons. D. H. Chamberlain
and r. B. Elliott were here playing
their cards in quite different manner
They arrived here on tho morning
train and proceeded at oucc to tho Court
House, and asked leave to make n
motion. The first was for scveranc.
Mr.. Chamberlain urged that Gov crnor
Moses should be permitted to stand
upon his own merits; that the parties
inuicted had different counsel; that the
state of facts, in relation to each ono,
was dissimilar, aud ho thought it no
more than just, at that stage of the
proceedings, to insist that his motion be
granted.
Solicitor Buttz, for the State, replied
in opposition to the motion. Hc
thousht there was too much haste mani
Tested, on the part of Counsel, for the
Governor, Moses, the defendant, had
not surrendered himself, or hees sr-
rested, and was not In position to
,,o;,,, -, .;s,. 49,.