Orangeburg news and times. [volume] (Orangeburg, S.C.) 1875-1877, 1877-03-17
Hampton Recognized in this
Circuit.

On Tuesday morning last too ca.
scs, touching the question, Who is
Governor, came up before Judge
Reed in Charleston. One was brought
by Il Hampton Trial Justice, to de-
eide his title to flee, as his prisoner
| had been refused admission into Jail
| by the jailor. The other was n writ
ofhaJcos corpus, to release prisoner
from Jail, sentenced by Chamber
lain Trial Justice.
At the opening of the court Judge
Reed announced tha' he would en-
| tcrtain the case Off. Flanagan first,
that is the ore brought by Trial JUS
ticc Chisolm in which the jailor re-
fused to receive the prisoner. Flani-
gan was sentenced to five days i'm
prisonmcnt. The Judge ordered
the petition in this case to be read,
which was done by w. james Nha-
ley, Esq. After hearing the petition
read Judge Reed said, that since the
filing Of the petition he had consid-
crca the matter at his leisure und
that his Judgment in this matter had
already been made up, that he did
not wish to hear any argument, but
would draw up his decision us fast as
he could write i, and read and file
itat once. Judge Reed then pro-
cccGcd to write his decision and in a
few minutes it wis announced as
follows:
The State VS.. G G. Bowen, Sheriff,
and j. II. Symmcs; Jailor, rule to
show cause.
The petitioner in this case, at whose
instance thcrulc was Issued, sets forth
that he is a Trial Justice duly ap-
pointed and commissioned under the
laws of this State. That us such
Justice he issued his warrant and
had one p. Flanagan, who was char
ged with assault and battery, brought
before him for trial That lie heard
| the case, convicted the defendant and
sentenced him to pay q fine offs $40
or be imprisoned five days. That
failing to pay the fine he sent the
said Z. Flanagan to the Jail under
commitment in due form Of law, and
that the Jailor refused TO receive and
hold said prisoner, us in law he WAS
bound to do. This petition is sign-
ed by Chisolm and Whalcy, attorneys
and sworn to by Robert Chisolm, Jr.,
the petitioner and its prayer is that
Il rule be issued directed to the sail
Jailor requiring linn to show cause
why he does not foilhwi Ii receive
and hold said prisoner. 4 rule was
accordingly issued directed to the
Sheriff, copy Of which was
afterwards ordered TO bc served on
the Jailor. The latter makes rctnrn
that he did, rs Jailor, refuse Tie
prisoner into custody, because lie was
so instructed by the Sheriff, who is
absent from the county.
have no official information that
the petitioner is trial justice, other
than is furnished hy his sworn pcti
ton, and the implied admission Of
The answer that lie is acting in that
capacity, and sent the prisoner to
| Jail with 81 formal warrant of com
mitmcnt. This / think is sufficient
for the purpose Of the case under cx-
isting circumstances, for I know Of
no rule that requires or authorizes
therS hcrif, or his jailor, to question
i'll this way the validity Of tie peti-
toner's commission, holding that cvi-
dencc of title. He is de facto
if not dc jure trial justice, and in
either case, until the question Of right
is determined, his warrant must be
respected. 1t is therefore, ordered
that writ be issued commanding
! the Sheriff and Jailor to forthwith
receive the prisoner into custody and
dctuin him according to the sentence
j. +. REED.
March 13, 1876,