The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-03-23
HABEAS CORPUS MACKEY.
THE LANCASTER CHARGES AGAINST GOV
ERNoR CHAMBEREAIN's FRIEND.

In the House of Representatives, on
Friday last, the following petition from
citizens of Lancaster County, asking an
investigation into the conduct of Judge
Mackey, was submitted:
To the Hon. r. B. Elliott, Speaker of the
House of Representatives Of the General
assembly of The State Of South Carolina,
and to the Members of said House:
The petition of the undersigned, COM
mittee appointed by public meeting of
the citizens of the County of Lancaster,
in the State of South Carolina, respect
fully represent, that at such public meet
ing the following resolutions were unani-
mously passed:
Resolued, 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 authority.
Resolved, 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
dignifed demeanor under the peculiarly
trying circumstances of their situation.
Resolved, That a committee of five be
appointed by the chairman of this meet-
ing to proceed to Columbia and lay this
matter of Judge Mackey's conduct in all
its details before the Governor and Leg
islature.
That the immediate cause of such ac-
ton on the part of the citizens of Ian
caster may be succinctly stated as fol-
lows:
One Richard Gardner was charged with
the offence of assault and battery with
intent to kill, and an Indictment was
given to Che grand jury by the solicitor
in his case. After hearing the testimony,
under the sanction of the the lawful Sc
crecy delegated to the grand jury, that
body, though their foreman, returned
said indictment into court with the en-
dorsement thereon "no 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, indie
cent and oppressive language, and in
contempt of the laws of the land and
of their rights and privileges as jurors
aforesaid; and in an angry and presump-
tuous manner ordered their discharge
before they had completed, or had time
to complete, the performance of the du-
ties devolving upon them, thus arbitrarily
obstructing the free course of the law to
the manifest injury and oppression of
all the citizens of the County of Lancas-
ter. That thereafter the said Hon. T. j.
Mackey, Judge of the Sixth Judicial Cir
cult, caused two of the witnesses who had
been sworn before said grand jury by
name VIM. Crockett and Joseph Nell
vain, to be produced in open court, and
then and there the said presiding judge,
in the presence of all the officers of the
court, the members of the bar, the petit
juries, and a large concourse of the citi-
zens of the County of Lancaster, proceed
ed to interrogate said witnesses as to all
matters they had testified to before the
grand jury, and by the power of the judi
cial office forced said witnesses to disclose
their testimony to the infinite scandal of
court of justice, and with intent to dis
grace and bring into contempt the power,
rights and authority of the grand jury of
the County of Lancaster.
And your petitioners further show that
the above mentioned action is not an iso-
lated instance of the tyranny and oppres-
sion of the said Hon. t. j. Mackey in
his administration of justice, but is only
one of series of arbitrary, violent and
illegal acts. For instance:
In the case of the State vs.. Lydia Mos
sey and Cephas Ryan, charged with arson
and tried at Court of General Sessions
for Lancaster County, sometime in the
year 1874, when the said presiding judge
threatened certain of the jury in that case
to send them to Jail if they did not find a
verdict as he directed, and coerced said
jury by such threats to find verdict as
directed by him. Also at the February
term, 1876, of the Court of General Ses-
sions, sending an innocent colored man,
Hiram MacGill, to Jail without warrant
or authority of law, and upon his own
motion.