Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-03-16

copies of which we're also placed on the desks
of members of the Legislature:
CIRCULAR.
The following charges against the Honorable T..
J. Mackey, Judge Of the sixth circuit, will be pre-
sented to the general assembly:
For that the said T. J. Mackey, judge of the
sixth circuit of the State Of South Carolina, is
charged with the following high crimes and mis-
demeanors, to wit:
Charge l. Prosttuting the judicial office in po-
litical ends, conventions for personal ends, and
especially at convention of the republican party
held at Chester, in the county OF Chester and
State of South Carolina, in the summer or fall OF
1874 by threatening to send persons who opposed
his will to jail
2. Prostituting the judicial Office at York at last
spring term, by reviving prosecutions against GER
tain persons known as ku-klux, for the purpose
Of enriching his nephew, Arthur Mackey, by
forcing money contribution from said persons
and, by an order of court cOrruptly permitting
and authorizing such compromise.
8. Prostituting the judicial office by borrowing
money from officers of the court and county Off
in the sixth judicial circuit, without any abl-
ity or intention to repay the same; and, by the
terror of his official power, precluding the said
officers from demanding payment.
4. Tyrannically threatening to send Colonel w.
A. Walker, q member Of the bar at Chester, to
Jail without any cause, and without authority so
to do.
D.
court of sessions for Lancaster county, at Feb
ruary term, 1876 dismssing them from their du.
ties, and usurping the authority alone possessed
by that body.
6. Corruptly and tyrannicaly causing the pros
ecution of Dublin j. Walker, senator in the gen.
eral assembly from Chester county, from person
al enmity, and in effect conducting the prosecu-
ton and procuring conviction by intimidating
and seducing the jury.
7. Corruptly and tyrannically prosecuting b.
o.
ing him for twelve months to the penitentiarY,
from personal enmity.
8. Corruptly procuring the prosecution OF John
Lilly in the court of sessions for Chester county,
September term, 1872, having himself drawn the
affidavit before the trial justice, and afterwards
tried the case as Judge of the court OF sessions.
8. Corruptly causing the arraignment, trial and
conviction of John Lilly, at Chester, on the -
day of February, 1876 for grand larceny, before
a court and jury which had no legal authority TO
either sit or try his case.
TO- Corruptly procuring the prosecution OF
Pleasant Nowland, in the county Of Chester, on
the 25th of February, for conspiracy to defraud
certain teachers pay certificates of that county,
with intent to screen his brother-in-law, F. B.
Lloyd, school commissioner for Chester county,
from prosecution for like offense.
II. Corruptly visiting the county Jail OF Ches-
ter county, and having secret interview with
B. F. Michael, convicted felon awaiting sem
tence, with intent to screen his hrother-inlaw, F.
B. Lloyd, school commissioner, from prosecution.
IL. Inhumanly permitting the execution of
Stephen Young, for murder, at Chester, on the
18th Of January, 1875, he having been tried be-
fore the court of sessions for Chester county, at
the January term 1876, when before said execu-
ton he was notified that the jury which tried him
was wholly illegal.
of $1,000 from the Chester and Lenoir narrow
gauge railroad for his decision made in the case
Of Glenn and others vs.. the county commission
ers of York county.
of Mahaley beGratfsnreid, M in the city Of Coluni-
bia, upon his own warrant and out OF his own
circuit, and by force carrying her to Chester
county and imprisoning her in the county Jail
for man days, she, the said Mahaley DeGraften-
reid, being innocent of any charge whatever.
Is. Attempting to suborn Mahaley DeGraffen-
reid to commit perjury, to-wit, at Columbia, on
or about the 18th Of February, 1876, as appears
by her affidavit
The above charges, after their PRONUNCIATION
in Columbia, created considerable degree of
excitement and the editor of the Union-Her-
aid having learned that Governor Chamber
lain had given his attention to the subject,
asked for his views upon it, which are given at
length in that paper of Friday last, and
which we copy entire:
We called on the Governor yesterday, and
drew his attention to the charges which had
been circulated in handbill against Judge
Mackey. The Governor said he had seen
them, and we then asked the Governor if he
had any objection to giving his views of these
charges. He replied that he had not, mas
much as he had no function in connection
with the impeachment of public officer and,
while after impeachment had taken place, it
might not be proper for him to express opin-
ions, yet before impeachment he had as much
right to hold and express opinions as any one
else.
The Governor then said the whole move
ment against Judge Mackey appeared to him
to be prompted by personal and interested
motives on the part of two or three persons.
"Look at the way" said he, Gin which this
thing is started and worked up-a secret eau
GUS incessant buttonholing Of individuals,
lobbying in all the bar-rooms of the city, and,
finally, this issuing of an anonymous hand
bill. What does all this look like2 Does it
look like the work of men who are trying to
serve the public? or like plot hatched up to
overthrow a man who is dreaded for some
good reason ?
If these enemies of Judge Mackey have
well.founded charges to make against him,
why do they resort to all these devices to fore
stall public opinion and prejudice the minds
of the members ofthe general assembly in ad-
vance of any movement or action in or by the
general assembly? The air has been filled
for DAYS with accounts of terrible disclosures
to be made, and now we have this circular,
which seems to proclaim little but the COM
bined malignity and cowardice of its authors
an anonymous, irresponsible attack on high
judicial officer. Every public man ought to
regard such an attack with the gravest suspi.
cion. But look at the charges themselves.
No less than seven of these charges in this
handbill relate to criminal trials or proceed
ings in Chester county, and the judge is
charged with grave violations of law, and yet
in no one of these cases have the defendants
taken an appeal from Judge Mackey's rulings.
One charge is that Judge Mackey permitted
the execution of Stephen Young "when he
was notified that the jury which tried him was
wholly illegal" would like to know who
notified him? One would suppose from the
style of the handbill that Judge Mackey must
have been notified" by some court or higher
judicial power which could not err. Stephen
Young had able and Jealous counsel, who
knew his rights and duties. That counsel,
Mr.. Brice, an able and unspotted gentleman,
and a political opponent of Judge Mackey,
told me to-day that he, counsel for Young,
examined the whole question of the alleged
ilegality of the jury, and was so satisfied that
it had no foundation of law or fact that he
declined to even make motion in arrest of
Judgment or as the basis of an appeal to the
snnreme conrt, He further states that no man