Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-03-02
lUESDAY, FEpIuHry ~. "a
Neither House was in session. !,

tai" ~ g. "WEDNESDAY, February %;
In the Senate Chamber at 1 o'clock, p. rs.a,s
the impeachment trial of Judge Montgomery
Moses of the seventh circuit began. Notice
was sent him to appear and answer the
charges Elliott, the chairman Of the board
of managers of the House, presented an adj
ditional article of impeachment, charging
Moses with having wilfully dismissed and die.
taaassusl- a-gurJ-"s-s'Fs,oerousS "
June, 1876, in order to prevent the epresent9
ment and indictment Of certain public oficers
of said county for official misconduct. 5f9it
Swails moved that the consideration Of
these charges be deferred until the arrival Of
the accused, and while the discussion on this
point was going on, Moses appeared With his
counsel, the Hon. j. B. Campbell, ,of Charles
ton; Col. j. H. Rion, of Winnsboro, snd
Messrs. j. M. Baxter, Silas Johnston and Y.
J. Pope, of Newberry. The accused was in.s
formed by President Gleaves Of his impeach.
ment, and MIR. Campbell announced that the
defence was ready to answer, and that he
would be represented by counsel. The mar-
ayers, Messrs. Elliott, Couch, Bamp6elds
Wallace, Meetze and Barnwell, announced
that they would conduct the case in person.
The articles were read, and Elliott announced
his readiness to read the additional articles.
These were read, and Mr.. Campbell said that
the accused was not ready TO answer these.
Mr.. Y. J. Pope then read the answer to the
original articles, as follows: & 5ij is$iy8
Article l. Not guilty. !. 5si.s. Jag..
Article 2. Unable properly to answer until
the accused can be informed Of the names Of
the public officers and litigants, and the ma
ture of the accounts referred to-, the datetin
1874, &C., and the accused asks that he he.so
informed before being required to answer. !.ii4
Article 8. Unable to answer for similar l
reasons. ...... .ts,,.,f, ,,,i,o., N
Article 4. Not guilty. ..,,.Is d.
Article 5. Unable to answer until informed
when he refused to pass the orders referred
Article 6. Unable to answer until informed
of the names Of the public officers and eeyi-
dences of Indebtedness referred to, ,.,.,,,,
Article 7. Not guilty to so much as relates
to an order passed in 1873, and Is unable nm
til informed of the names Of the parties to
answer so much as relates to the order passed
in 1874 .... ." ..a9Jei ~.s' s4!f'; 49,
The president called for vote on the ques-
ton whether the answer should be fled.
Swails said the Senate could not vote in-
telligently on the matter. 1t was the prov
ince of the managers and counsel for the de-
fence to consider whether sufficient answer
had been made. ags ;,7 5ssi1tssq ri tt-ssl .s.l
Major Baxter, for Moses, argued that the
articles were too vague and indefinite. and
that it was impossible to make proper answer:
that unless the accused was allowed the pro-
lection usually given to accused persons in or
binary courts and he was convicted, that con-
viction would be no disgrace. From this
court there was no appeal, and it was all the
more important, therefore, that no injustice
should here be done. f54;,rfi.-
Elliott made long and able answer, argu-
ing that the practice and precedents sustained
the course taken by the managers! go spt Sn
At the conclusion, Swails said that the Sem
ators needed time for consideration Of the On
guments, and the court adjourned to LIP. m.
tomorrow. .,1, - .,.z4;.stsss, ~. ),
No business Of Importance Was was transacted
in either House Of the General Assembly sto-
day. aa.,. y. .s'iit
.r.. i,.. THURSDAY, February a. II,
In THE SENATE, at p. M, the considerar
ton Of the question was resumed whether the
answer made by the counsel Of Judge N. Mo
ses should be received as such and filed. Whit
temore moved that the rules governing the
Senate in its legislative capacity be adopted
to govern that body in the capacity Of . court
of impeachment. Adopted. Under this ar
rangement the Senate went into secret session
to discuss the question under conside deratisn.
After about an hours absence, the Sanatsre
turned with the following decision: & ~
Ordered. That the answer made To- tie artS
cles Of Impeachment, exhibited BY the House
of Representatives against Montgomery Mo-
ses, judge of the seventh judicial circuit, BY
the respondent, l. insufficient. and that the
prayer Of the respondent for more specific:
charges be not granted, and that he be fequir-.
ed to plead OF answer to all the srticlesof I'M.
peachment, With the exception of Articles i
and 4, to which he has already pleaded not
guilty. ,is. d, o.. .t5
A vote was then taken on this. decision,
which was adopted BY vote Of % to 1.