Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-01-18
CIRCUIT COURT.

- CIRCUIT COURT. aFGs
The January Term Of the Court Of, Com.
mon Pleas and General Sessions-his Honor
Judge T. J. Mackey presiding convened at
10 o'clock last Tuesday morning. The ejurors
were called and answered to their names. ,t.
DR.. William M. Walker was appointed
foreman of the grand jury, when his Honor
proceeded to deliver the following charge:
Mr.. Foreman and Gsntlemea Of the Grand
Jury:-Your body having just been empan.
nelled, and as for the first time you are enter.
ing upon the discharge of your duties as grand
Jurors, it is proper that the Court should in.
struct you upon your duties. s'H ="
Your first special duty is to act upon all
bills that may be laid before you. These
bills are but accusations, made in solemn form
by the officers of the law against the parties
charged therein with violations of the law.
If the testimony makes it appear that the
parties are probably guilty, you will find .
true bill. Where party is charged With
murder, even though there may be extsnua.
ting circumstances. or it may even be known
to you that the killing was done by an insane
persou-known to you to be insane-it is your
duty to find true bill. Only public trial
can absolve the accused from the imputed
guilt. But if on investigation, you find no
probable cause of guilt, you will endorse upon
the indictment "no bill"
If any person, to your knowledge, is com.
mitting = public nuisance, by obstructing
roads, &C., or by buying agricultural pro-
ducts at night, it is your duty to present such
persons, whether formal indictment is laid
before you by the Solicitor or not. The pur.
chasing of any agricultural products at night
will not be permitted within the limits Of
York county. Those who wish to test the
law on this subject can do so BY persisting in
the traffic of agricultural products after night,
and if convicted therefor in this Court, let
them appeal to the Supreme Court.
You will also examine and investigate the
public Offices of this county. If any person
holding Office in this county is found to be in.
competent-shsul there be any, for instance,
who cannot write, or who is incompetent to
properly keep the books or records Of his of.
ice-he may be indicted for nonfeasance in
Office. Not that it is crime to be unable to
read and write, but for presuming to discharge
the duties of an Office for which he is incom-
petent. T
You will also inquire, whether in the re.
cent election, any voter was intimidated by
force or armed violence and thereby prevent.
ed from casting his ballot according to his
own FREQ will and desire. And also whether
or not any voter has been discharged by bis
employer on account of the manner in which
be voted. If man may be discharged BY
his employer on account of the manner in
which he voted, or if he voted according to
the desire of his employer under threats from
the employer, it follows that be did not exer.
else the full rights of free citizen, but voted
according to the will Of another-thereby
destroying the sanctity Of the ballot. You
will also inquire as to the general peace OF the
county during the election, and whether or
not the election was conducted in pescea-
BILE manner.
The Court would call the attention of the
foreman and gentlemen of the grand jury to
the fact that there are now two persons at the
Capital, each claiming to be the lawful Gov.
ernor of the State of South Carolina. This
claim of each of these persons is calculated
to disturb the public mind. 1t is the duty OF
those who administer the law to determine
for themselves who is the lawful Governor OF
this State. The question cannot be finally
determined except by tho Supreme Court.
This Court recognizes only Wade Hampton
as the lawful Governor of South Carolina.
IF his warrant for the release or discharge of
q prisoner is presented in this Court by the
Sheriff it must be obeyed, while any warrant
or other paper signed by D. II. Chamberlain
as Governor subsequent to the 18th day of
December last, shall not be recognized on
this Judicial Circuit. All commissions Of
Wade Hampton vii! be respected.
The Court would also instruct the foreman
and gentlemen of the grand jury, that the pre-
tended tax levy of the so-called General As"
sembly which recently assembled in the State
capitol, is not legal tax levy. On this sub.
iect the Court speaks most positively. The
Court of last resort in this State has decided
that the House which levied this tax is not q
constitutional body. This decision of the
State Supreme Court binds even the Supreme
Court of the United States, as by the decision
of the United States Supreme Court, that tri-
bunsl is bound to respect the decisions of State
Supreme Courts where no federal issue is In
volved. The decision of our State Supreme
Court also binds all the Circuit Courts ofthis
State. Hence this Court will permit the col.
lection of no tax, levied by the pretended au'
thority of the Chamberlain government, to be
enforced by execution and aale.. Should the
County Treasurer, acting under the direction
of Chamberlain, even advertise the property
Of a tax.payar for sale. to satisfy an execution