The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1874-02-04

Ine lact OF nlS having Decn' StrlcKcl
from the roll of attorneys. Judg
Mackcy then proceeded to discus
, tho case of contempt heard befor,
Judge Carpenter, promising by cx
pressing his indignation at the lat
tcr's presuming to grant permission
which could only be granted hy tho
presiding Judge, and that Mr.. You
mans would be permitted to appear
rs a counsellor in tho courts Of the
sixth jndicial circuit, not by the in
dulgcnce and permission Of Judge
Carpenter but in his right as u duly
qualified attorney in all the courts of
south Carolina. Ills honor remark.
ed that he was we'll aware that he
was in this action, laying hiu.sclf
liable to abuse and ill-fceling on the
part of many persons in the State,
and i'll justice to himself, aud in view
Of the magnitude Of the issue, involv.
ed, proceeded to express fully and
forcib!y his views in the premises.
Stating AT the beginning of the
case oi the Citizens Savings
Bunk, as instituted by Jno. L. Wat
son Of York County, aud following it
in the UIitcd States Courts District
and Circuit, he proceeded to show
the ialiacy Of the position main
tanned y Judge Carpenter iu claim.
ing for his court jurisdiction, in
matters of insolvency, superior to,
and exclusive of that Of the United
States court, citing many authorities
10 prove the correctness Of his views.
The leading oint cf his argument
was that the United States Court
in matters Of which it takes cogui-
zance, has supreme jurisdiction,
even though those i>sucs are in
course of adjudication in the State
court, especially in cases of Banli.
ruptcy, under which falls that of the
Citizens Savings Bank. lie held
that Watson, the original petitiou-
or against the banks had not compli.
cd with the law IN such case made
and provided and hence even were
the jurisdiction Of the United States
court not paramount in tho premi-
scs, yet the petitioner had not COM
piled with the rules Of the State
courts: as found in the C., de of Procc.
du:c, and was therefore not properly
q parry i'll Judge Carpenters Court.
II Honor held that, upon the very
authorities cited b. Judge Carpenter.
the llt,cr caDnot establish the legal. |
ty Of the position he has chosen to
take, III any Of the particulars max
ing up his derctal order. His Hon.
or concluded with au eloquent dis.
quisi,ion upon the rights Of attorneys
aud the duty Of courts to he slow in
dcpriving them Of the right to be
heard in the many issues brought into
the courts Of justice. Attorneys, he
holds, are essential parts of the ma.
chinery Of tho administration of jus-
ticc, for without their agency no eau
see can be presented for the consider.
alton of the courts. lie paid high
and graceful compliment 10 the abili-
ty and inttgri y Of the bar Of South
Carolina, and closed his remarks by
instruc,ing the Clerk to enter the
present proceedings upon the records
of the Court, and to state thcrcin that
tnI consideration Of the issues involv.
cd was made by the Court upon its
own motion. The remarks of the
Judge were throughout listened to
with marked attention and we're indi-
cativc of II close investigation Of the
MATTERS under consideration.
The Court then proceeded regular
ly with the case Of Mr.. Duncan, and
the indictment was read to the &C.
cuscd, he pleading "uot guilty."
The clerk then proceeded to empancl
the jury, and after several chllenge..,
the following jurors were sworn
JAS. Il. Aiken, Wm. Boyd, Jno. D.
Smart (colorcd), W. j. Crowder,
Geo. Is. McCants, j. y. McCrurry,
Dr., }. II. Cummings, Jno. d. ll.r.
ri Oh, Aquil]a Harrison (colored), ,
n ,ah Rhlnc, John McLurkin and
Rohc,t .. Clowncy. The solicitor
said but lii!lc in opening the case for
the State, believing the case of such
u nature rs TO be clearly presented to
the jn"y ty the testimony to be ad-
dneed, and simply asking the jury to
realize the Importance and 3lcmnity
o. the case, aud to give their earnest
and impartial attention to the facts
to be brought forward. The circum
stances OF the homicide being no
doubt fresh in the minds Of most Of
oar rellcrs, We deem it unnecessary
to G i've rccapi!ulAtion Of the tcsti
mony. 1T was substantially that
brou-ht out at the Coroncr's inquest
modified Of course by the cross cx-
animation, by that Of the defendant
and by the testimony irtro.
duccd respecting the character of the
deceased and the prisoner rospe, tive
:. ly, Mr.. Youmans opened the argu
mcnt for the defence in a speech oi
some length, replcto with logic, learn
ing and eloquence. lie was followed
| by Col. Rion in his usual terso and
forciblc style, and Solicitor Brawlcy
closed the case for tho State in a
strong and dispassionate reyieg Of