The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-05-28
The 0rangeburg Indictment against Gov
Moses.

The 0rangeburg Indictment against Gov
The Orangeburg Mtms (Rcpublican) publish
es full and complete account of the proceed
ings in the Circuit Court last week, wherein
the Governor Of the State was indicted for
breach Of trust and grand larceny. Solicitor
Buttz framed the Indictment against Humbert
and Moses, upon which the grand jury returned
"true bill' The indictment alleges that
John L. Humbert, County Treasurer Of Or
angeburg, on the 18th day of February, 1874,
fraudulently, unlawfuly and feloniously did
take sc, 900 national currency, commonly called
greenbacks, the said money being the proper
ty of the State of South Carolina, collected
from the taxpayers Of Orangeburg County,
and did pay and deliver the said $4,000 to
Thaddeus G. Andrews, for the use and benefit
of Franklin j. Moses, jr, who did wilfully,
unlawfully and feoniously counsel and advise
the said Humbert to commit the said breach
of trust with a fraudulent intention, to the
great damage Of the said State, and to the evil
EXAMPLE of all others in like manner so offend
ing. This is the substance of the allegations
made in the Indictment, and Solicitor Buttz
has informed the Mews that the indictment is
founded upon the following sections Of the Re-
vised Statutes:
Chapter CXXIX, section II, reads as fol-
lows: "Any person committing breach OF
trust with a fraudulent intention, shall be held
guilty of larceny; and so shall any person who
shall hire or counsel any other person to COM
nit breach of trust with fraudulent inten-
tion."
CHAPTER CXXXVII, sections and 3, are as
follows, under which the Solicitor claims the
right to indict the Governor:
Sec. 2. Whoever counsels, hires, or otherwise
procures felony to be committed, may be in
dicted and convicted as an accessory before
the fact, either with the principal feon or after
his conviction, or may be indicted and convlc-
ted of substantive felony, whether the prin-
not amenable to Justice, and, in the last men
toned case. may be punished in the same
manner as if convicted of being an accessory
before the fact.
SEC. 3. A person charged with the offense
mentioned in the preceding section may be in
dicted, tried and punished in the same Court
and county where the principal felon might
be indicted and tried, although the offense OF
counselling, hiring or procuring the commits
sion of such felony is committed on the high
seas or on land either within or without the
limits of this State.
When the grand jury returned true bill,
Solicitor Buttz moved that bench warrant be
issued for the arrest of Gov Moses.
Judge Graham remarked that he was not
sure that his Court had the power to make any
such order; that Moses was Governor of the
State and in his opinion the Legislature was
the only body that could proceed in the matter,
and that would be by Impeachment. Mr.
Buttz replied that he had not indicted him as
Governor, but simply as Franklin j. Moses
| ir.: that he had committed the ohense alleged
against him, and was just as amenable to the
laws as the poorest citizen in the State, that he
knew of no law to prevent his arrest, while on
the other hand there was an abundance which
provided for the apprehension and punishmen!
of all criminals; that no official position could
shield man from that responsibility, and that
his Honors Court had jurisdiction of the case
Judge Graham said that it was rather
novel thing to arrest Governor tor stealing
and would take the matter under advisement
In the afternoon, however, he granted the mo
ton, and bench warrant was issued. Sheriff
Cain proceeded to Columbia that night, went
to the Governors place of residence for the
purpose of carrying out his duty, and requested
to see him. He was met by General Dennis
who communicated to him the Governors in
tention. as is shown in the following return
made by the Sheriff, upon the warrant of ar
rest
ORANGEBURG, S. c., May 90 1874.
In obedience to the within warrant, l pro
ceeded to Columbia on the 18th instant, called
at the residence of F. J. Moses, jr., defendant
and made an effort to execute this warraLt
was informed by John B. Dennis that sale
Moses refused to be arrested under any circum
stances l also learned that Moses had callee
out the militia to resist the execution Of thi:
warrant.
(Signed) +. l. CAIN, ;. w. y.
while all this was going on in Columbia
Hons. D. Fl. Chamberlain and R. B. Elllo
were here playing their cards in quite differ
ent manner. They arrived here on the morn
ing train and proceeded at once to the cour
house, and asked leave to make motion. Iht
first was for a severance. Mr.. Chamberlain
urged that Governor Moses should be permitted
to stand upon his own merits; that the parties
indicted had different counsel that the state
of facts, in relation to each one, was dlsslmlar
and he thought it no more than just, at tha
stage of the proceedings, to insist that I'll!
motion be granted.
Solicitor Buttz, for the State, replied in op
position to the motion. He thought there was
too much haste manifested on the part o
counsel for the Governor. Moses, the defend
ant, had not surrendered himself or been ar
rested and was not in position to claim as
right that he should be tried separate from
Humbert. The motion was one addressed te
his Honor's sound discretion, and the defend
ants attorneys ought not to be allowed the
benefit of it until he, the solicitor, had had "a
reasonable opportunity" to satisfy himself that
the right of the people would not be Jeoopar
died by granting the same. He had no objec
ton to an order to the effect that, when the