The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1874-05-30

bound to fake cognizance of the fact.
sThatSthe Solicitor contended the court
5coulds,not.do With any proper respect 4
for itself. To show that the defendant
is Governor, the counsel would havo to
prove it. That they could not do, until
they were properly before Court. Tho
records didn't show that the defend mt
was Governor Of the State; ther, is not
one line of proof to that effect He is
indicted as a private citizon and should
stand his trial. : z .'e@
If he is above the power of the law
then he can do what he pleascs, and no
one dare to nolest him. Didn't so
how his Honor could hear any argu
mcnt on this point until after the ar
raignmcnt of NJ oses; certainly he could
not hear testimony unless it WIS proved
that he was Governor.
Court - do know that Moses is.
Governor. know this julicially be
cause the law tells mo so.
Sol. Buttz Don't SEQ how your
Honor can know that, for if the trut Ii
was known, there may turn out to be
one thousand Frankli J. Moses, Jr., in
this State. lie did not think til 1t the
person named in the in lictmcnt could be
Franklin j. NJ oses Jr., Governor Of tn
State, because it is unrcason ,blc to sun
pose that The chief Executive of the
State ooui 30 far forget hi n..lr a, to
commit grand larceny. 1t would take
bold man to say that tho Gofcruo +
would steal $4,000.
Court 81 have sufficient knowlcd-o
of the fact that the +. J. Moses mcu.
tiouo1 in tho /, l;,tn.,:. i, the Gov cr
ncr OF the State aal therefore ,st again
whether he C ~ b, arrest: ,r n,t.
Solicitor BUTTE They claim tha,
this CO. 1t has no jurishic,ion.s Noise
claimed that the wheels of G ,ver,i.l, ent
would stop it Moses were arrested
Such wcald not be the cis,. As n
Democract, of c,u:se he, Moi,., would
advise a lirpuhl!cau /, set Mt d.iance
tho l.'Ts Of. Republican Government.
Such vas wrons. He sa u in open Court,
that in answer to II tel .gr IN h. advised
the defendant TO resist the warrant Of
arrest. That he did 5, as sworn
Attorney, after careful labor and study :.
IL loses were to take the advice of
Democrats, liz would not only resist t.,
law: but 80 and Voluntarily ly:!l hims ,if
up in the Pcnitontiary. AS Solicitor he
had taken his oath OF OIL sc in earnest
and neaut to prosecute cycry muu wh O
did wrong who wa, ut t . age Of lis.
crctiou. II Moses friends desired to
make political capital out OF the matter,
lie had no stoc! in its He was simply
doing his duty. lis imprisonment in
jail would not iucapacita.e hi Il f.on
performing the duties of G ,vcrnor. His
ability TO act as such would be the sIui,.
Inability Only follows imp Zach II ,nt,
therefore the argument of Moses Coun.
sci must fall to tho grolnl vs. hlve
on office that is almost above the Cover.
nor. lie is the peace officer in eycry
county. lie eau call Il posse whenever
he deems it proper That officer is the
Sheriff. The executive is limitel in
his power Hero Solicitor b ,ttz real
a paper which was full Of law and good
sound reasoning, sho*ing that the czo-
cutivc can be arrested The court had
issued all the papers in the case, and it
would look rather strange to refus, to
enforce an order, after delivering it to
the Sheriff. @
Court Since hearing Solicitor Buttz
was impressed much more SO than when
Mr. Noise quit.
Sol. Buttz-on which side your
Honor?