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

effect that he had not been arrested md
wouldanot ailewshim,elf Ito be.arrcstc d
under or by VIRTUE ef any AUTHORITY Of
thiSs Court thersbysrublis hing Ito tho
lawsabiding citizenss of the State, his
utter disregards of law and good order
aud a placing hiinsolf in contcmpt of this
Court
81. The defendant having denied the
Jurisdiction Of this Court to either ar
rest or try him, should not be heard by
the Court through his attorneys, until
he is taken into custody, or appear in
person and purgcs himself Of said con
tempt. {EfaFF
That on the 19th inst, the Hon. D.
II Chamberlain and Hon. r. B. El.
liott appeared in open Court aud repro.
sonted themselves as the attorney of the
d"feudantsFJ. MosassJr., ;, and mo vel
this Court for two orders which fixed
this 29th day Of May as, the time, and
Oraaageburg as the plaae of tria for the
SAID defendant, the other was for an
order Tor the severance Of the .defou
dants on their trial The State objc cted
to the Court grahtin5 either Of the
above mentioned ortlers on the follow
n5 grounds: That the defehdant NJ,
scs was not In custody AMI hid not be IN
arrested and that the Court shouil moi
fix the day Of trial until after tn, St,to
was IN position to pro luce the ac :u;el
anu further that preliminary mo,io Is Of
this kind should not Be entcrt aimed
until after the arraihgpmcnt Of tn e
prisoner. In urging the Court to grant
the said motions, tho said attornevs r.p
resented to your Honor that they were
authorized by their client Moses to
assure the Court that he Moses recor
nlzed the full jurisdiction of. this Court
to arrest aud try him for the said of.
fence, and they further assured the
Court that the defendant :Mo;.s w,ull
be this day present for the trial, AMI
upon these assurances the Conrt gr,n.
ted said motious and suspended furth r
proceedings to cause the arrest of the
said Moses, since which TINA tho said
defendant in utter Disregard Of Law and
OF tho assurances made to this Coutt b v
the said attorneys. has ctlled out the
Militia Of the State for the purpose oil
preventing the execution of the process
Of this County thereby diSre 5ar,liny the
oath Of his Office which had been dul-
administered by the Chief Justice Of
the State to the effect that he would
execute the Laws aud noS violat. or
obstruct their enforcement.
9th. That in addition to the offence
for which the said dcfcn liant has been
indictci he has adleI the offence dc,
scrbcd in Scctioa T. tChaptcr 1872 OF tho
Rcvised Statues of the State which
imposes punishment Of both fine an |
l;nprlsopr; up3a any one (inclul
ing Moses aud the M,itii,) for hin lcr
iaS Oh obstructins an Iii :;rin cxe:lrin
the warrant Of this Curt. Tns l..
also makes i, tha duty Of TIC Sheriff to
prosecute said o.feld4rs ior sl.,,.
,cbstruc,ious. =,
These he rA4 -p.,p, r2,o til.
journtl oft'le C1lrt, b.;,us. h, w,,a,
to b; right in this ,tt.r Tt, p.,pl:
throu.5 5'iolt the co,rtry wsr, w..c',i II :,
It's progress vi h br,athl,a anilvi.t,.
ana he wanted to be prop .r!j uli.r.
stoad. Moses was in contempt. grossly,
of the Court, ind he could MT sec why
the Court shoull hesitate so to dc.i,io
Mr.. NJ Disc OF Sumter followed on he
side Of the Governor. lie was hato to
say that no true bill had bean foun d
against N nses, anl therefore no ben ch
warrant had been issuA aud could not
be issued. lie had great respect for,
law. lie could not live withoutit. Iii,
speech was high SCUM ling, but did not
contain much law.
The Court here took recess fol
dinner. At 3 o'clock p. NJ it again
convened. General Elliott who stated
that Mr.. Chamberlain would not spc,k
desired to know at this st ,se Of tha pro
coclings who had the reply. lIe s.i d
that until the Court decided rs to the
questian Of jurisdiction raised, motion
to continue could not be hoard.
Solicitor Buttz could not understand
the position of counsel. They wer,
only allowed to be heard through cour.
csy, as friends to the Court, ana coull
not understand how the Court eoulc
regard them as properly representing
a right to speak in defonso o.
Moses. The Julse had said that h
would hear Noise because he desired to