The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-05-02

Fields. -Cemeteries-Mrs Norton, Mrs.
Wariug. Temple-Mrs. G. r. Bryce.
This committee is requested to meet ut
Col. McMaster's residence, on Saturday
morning, May 2, at IL o'clock
JUDGE AND JURY.-The Augusta
Chronicle and Sentinel publishes tue fol.
lowing account of ''verdict uud what
became of it," A case of O somewhat
similar nature occurred before Judge
Carpenter, in this State:
Among the cases tried in the Superior
Court last Thursday. was that of T. L.
Dye cS Chas. j. Dsnham-being suit
brought by the plaintiff to recover da-
IMAGES for an alleged illegal distress war
rant levied upon a certain quantity of
corn belonging to the said plaintiff. at
the instance of the defendant. II. CIay
Foster, Esq, represented tho plaintiff,
and Jas. @. O. Black, Esq, the defend
ant The jury was composed of the
following gentlemen: S. W. Henry,
foreman; Z. II. Cunningham. Thomas
McDonough. D. Malone. f. Delherbe.
Own Donohoe. Samuel Tabb, Bartholo.
new Morris. JOS. ". Ramsey, J. J.
Clayton, M. g. Levy. james Lundy.
At the conclusion OF the argument,
Judge Gibson charged the jury upon
the law applicable to the case. by which
he said. together with the evidence nd
duccd. they were to be guided iu muking
up their verdict. The hour being late
the jury were instructed TO seal their
verdict and hand it into court tho next
morning. after which the court ud
iourned. On Friday morning, the jury
brought in verdict of $500 for the
pluintiff, with interest from the 1th of
December, 1872 When the verdict was
rend by the Clerk. Judge Gibson turned
10 the jury and said:
Mr.. Foreman-''UpoD what testimony
was your verdict predicnted?"
Foreman-"Upon the testimony of
Mr.. Dye"
Judge Gibson" There was no such
evidence before you. It is to be hoped
that when men take an outh to do Al
thing. they will respect that oath and do
1t. You have just put mo to the trou.
bic OF granting new trial, aud tho
County to the expense of trying the Case
over again"
His Honor then told Mr.. Black to
take an order setting aside the verdict
AIR. Black, howeyor. merely had mo
tion Tor new trial put on tho minutes
Judge Gibson then said: "Mr. Fore.
man, you and tho rest of the Jury are
discharged for tho balance of this term
and oil other terms which / shall hold
in this court. AR. Sheriff, take the
names OF this jury, and never summon
them again"
Friday afternoon, the jury sent in the
following note to Judge Gibson:
HoN. WILLIAM GIBSON: Feeling thut
your remarks with reference to tho un-
dersigned, upon returning their verdict
In the case of Dye rS. Denham, were
unjust aud calculated to reflect seriously
upon our integrity. and feeling con
Sclous OF the purity Of our motives, aud
that our verdict is fully justified by the
evidence in the oaae, we ask your Honor
to do us the justice to recall 80 much of
your remarks as reflect upon the finding
as being contrary to our ouths, and TO
give TO your retraction tho same pnb
llclty us characterized your denuncia.
ton. Very respectfully,
s. w. HENRY, Foremnn; T.. +. Gun.
NINdHAM. THOMAS McDoNoUuu. d.
MALONE. i. DELHEREE, OWEN DoNo.
HOE. SAMUEL TADD. Is. NORRIS. JOS
w. RAMSEY, j. J. CLAYTON, Nj. G..
LEvEY. JAMES LUNDY.
AUGUSTA, Ga, April q. 1874
We understand that Judge Gibson
wrote out an order, after receiving the
above note, imposing q fine of 31OO
upon Mr.. Henry. the foreman of the
jury. and imprisoning him for twenty
days for contempt of court. He after.
wards. however, by advice OF several
friends. destroyed the paper.
Statistics show O remarkable decline
in matrimony OF late years. Formerly
there waa one marriage q year to every
eighty-two OF population. Now it is ono
mArriaua to LIZ of the manhattan rha