Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-03-23
The Mprkrille Gnanirer.
YORKVILLE, S. c.:
THURSDAY MORNING, MARCH %, 1876
THE CHARGES AGAINST JUDGE MACKEY.

An attempt to obtain an investigation Of
the conduct of Judge Mackey at the last term
of Lancaster Court, was made in the House
of Representatives on Friday last, by the pre-
sentation to that body Of the following petit
ton:
The petition of the undersigned, a committee
appointed by public meeting Of the citizens OF
the county Of Lancaster, in the Senate of South
Carolina, respectfully represent, that at such a
meeting the following resolutions were unani-
mously passed:
Resclved, That it is the sense of this meeting
that the action of his Honor, Judge T. J. Mackey,
in his treatment of the grand jury at the last term
of the court, was contrary to all law, subversive
of civil liberty, and fragrant usurpation OF au-
thority.
Resolued, That we have the greatest confidence
in the integrity, intelligence and moral worth OF
the members Of the grand jury, and we view with
pride their dignified demeanor under the pecu-
fiarly trying circumstances oftheir situation.
ResolUed, That committee of five be appoint
ed by the chairman of this meeting to proceed to
Columbia and lay this matter Of Judge Mackey's
conduct in all its details before the Governor and
Legislature.
That the immediate cause of such action on the
part of the citizens of Lancaster may be succinct-
ly stated as follows:
One Richard Gardner was charged with the o.
fence of assault and battery with intent to kill,
andan indictment was given to the grand jury by
the solicitor in his case After hearing the testl-
mony, under the sanction of the lawful secrecy
delegated to the grand jury, that body, through
their foreman, returned said indictment into
court with the endorsement thereon mo bill"
whereupon the Hon. T. J. Mackey, presiding
Judge Of the Court of Sessions for Lancaster
county, became intensely enraged and assailed
the grand Jury with rude indecent and oppressive
language, and in contempt of the laws Of the land
and Of their rights and privileges as jurors afore-
- roYHfr1 mo- m
ner Ss ordered der their discharge Before they had COM
pleted, or had time to complete, the performance
of .ha duties devolving upon them, thus arbitra-
rly obstruoting the free course Of the law to the
ofthe county of Lancaster. That thereafter the said
Hon. r. J. Mackey, Judge Of the Sixth Judicial
Circuit, caused two Of the witnesses who had
been sworn before said grand jury, by name VIM:
in open court, and then and there the said presi.
ding Judge, in the presence of all the officers of
the court the members Of the BAR the petit juries
and large concourse of the citizens OF the county
of Lancaster proceeded to interrogates said wit VT
fore the grand jury, and by the power of the jo-
dicial office forced said witnesses to disclose their
testimony to the infinite scandal of court of JUS
tice, and with intent to disgrace and bring into
contempt the power, rights and authority OF the
grand jury Of the county Of Lancaster.
The petition, signed by John B. Erwin, N.
G. B. Chafee, T. F. Clyburn and j. M. Cas-
key, also cites other cases of alleged arbitrary,
violent and illegal acts. After the petition
was presented, an argument followed, consum-
ing the whole session, which, with the subse-
quent disposal of the petition, is thus reported
by the correspondent Of the News and Courier:
Ferguson, Con, Davis, (Rep,) Hamilton,
pointing committee of investigation, and Couch
against it. The vote was taken just at three
o'clock, and resulted in victory for Mackey the
vote standing 46 against the investigation and 81
forit. Only fourteen Conservatives voted for the
Investigation, and more than twice the number OF
Conservatives that it would have taken to pass the
resolution for the investigation, voted against It,
The Conservatives give as their reasons FOR votlng
as they did that they were shut of from DEBATE;
that it would be impossible to have trial this
session if the committee reported in favor OF i'm
peachment that the investigation would protect
number of corrupt men that were opposed to
Mackey exceeded the number of good ones, and
lastly that Judge Mackey had expressed himself
as being willing for investigation II he could ne
heard before the committee. The truth OF the
whole matter is that both Conservatives and Re-
publicans are afraid of being kept here to try
another impeachment, and they shirk the thing
in this way. Notice was given by the Conserva-
tives that they would move to reconsider the mo-
ton on Monday. tits very evident that tt TINS 81 is
done to pass the resolution, if they can, at that
time, when it will be too late for committee to
report this term, as concurrent resolution passed
both Houses to-day that the General Assembly
adjourn sine die on Thursday night, the 23d in
slant.