The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-05-30
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ednesday. May 80, 1877.
Adjournment of Court.

lets were brought into the Court
to receive their several sentences.
e first prisoners that were disposed
ere the Winbushcs who had been
d guilty of assault and battery in
ting an officer. This case had excl
considerable interest and the able
sci on both sides acquitted them
es up to their usual high standard in
conduct of their legal cases. The
wa represented by Solicitor Goth
and the defence by MeSSrS. Burt d
Edon, and Il. Noble, Jr. His E0n-
uuge j. p. Reed was respectfully re-
! $ted by defendants counsel to charge
Jury as follows;
rst-That Henry u. Young was not
ial Justice, and had no authority to
e q warrant because he did not sub
be and file with the Clerk Of the Court
bre entering upon the duties of his
be, the oath required to he taken on
E 1914, section 6, of the Revised Stat
5, which is a prerequisite to his eX-
sing the duties of such office.
econd-That, assuming Young to be n
not a legal officer. because he was
her a regularly elected bonded Con-
BILE, nor specially appointed in writing
llAtb S<lSS 90 ASIliiSN ~ -,
e 205, Of the Revised Statutes.
h~ird-That, assuming Young to be a
al Trial Justice, and Bell to be q legal
~ stable, there was no certain definite
brmation on which to issue a search
rrant.
~F0urth-That the warrant is q general
rich warrant, and is therefore prOhibi-
by the Bill of Rights. Search war
can only issue upon information on
b that certain specific property has
en stolen, and that it is concealed in a
ticular place named in the affidavit !;
b the affidavit must set forth reason for
suspicion that the property IS in n Il
ice.
Sifth-That in order to constitute a
bt three or more persons must have
sembled to commit an unlawful act,
d must have actually committed some
lawful act.
This His Honor refused to do except
to No. 5. The defendants counsel eX-
pied to the Judges charge OF the
Found that His Honor said i'll his
}arge:
1.-The validity of the commission and
% legality Of the proceedings are only
Materially involved, and in the interests
the public justice and the public
face I shall override them all.
"Whether the process was void or not,
e defendants did not know it and there
re could not avail themselves of it,
We omit any synopsis of his charge.
he jury after an absence of a few min
es, returned u verdict against Jesse,
Erus and Callie Winbush, which con-
kuded the business of this Term. The
8efence gave notice of appeal.
The Judge in his remarks to the priso-
ers said: Jessey and Cyrus Winbush,
lou have been found guilty Of assault
hid battery in resisting an officer, and
|allie, you have been found guilty Of as
built and battery. You no doubt think
IN equally certain that others think that
|ou have been lightly dealt with. There
Jas probably been error on both sides.
While you have been guilty of a breach
# the peace, there has been irregulari-
les in the legal proceedings against you.
These irregularities which have been so
shown by your council will teach
Ulcers to be more careful as to the prep
of their papers, while the punish
lent which I shall inhict, l hope, will
each YOU a wholesome lesson as to the
majesty Of the law. You have already
,cen il. Jail a month. This of itself is 4
evere punishment on an honest man.
You were also indicted for riot, but the
ury have very properly acquitted YOU
N hat charge. l can't send you to the
,enitcntiary, and wouldn't if / could. l
only send you to Jail. suppose you
pay a fine. [Mr. Burt here said
hey have some propcrty-a small tract
# land Then I shall put the SEN
ence in the alternative. You mast take
We are going to have good
government in South Carolina, and shall
punish lawlessness with rigor, but l tx
use you in this case very much on ac-
of the excitement, and uncertainty
$ to who was really the Governor at that
ime. The sentence of the Court is, that
IesSe and Cyrus Winbush each pay 500.
nto the County Treasury, or go to Jail
or three months. Caroline, the sentence
# the Court is, that you pay a fine of $40
II go to jail Tor n month. The money
II Caroline's case was paid Immediately
nd she was set at liberty. Pending the
ppeal, the Court ordered hat Jessy and
;yrus be allowed to give bond in the
um of $500, for their appearance at tho
Court.
Isaiah McCoppin next came forward to
his share of justice. Isaiah for
ONE months ago, made a brother laborer
target for pistol practice, and it was
h0wp to the satisfaction of the Court
nd Jury that he was q pretty good
narksman. Isaiah and his target were
ut blowing in the fields, when he con-
luded to unlimber his battery and fire
lpon the enemy. The ball went through
he body of the man and brother, but by
ONE mysterious dispcnsation of Provi-
the shot did not prove fatal. Isaiah
like he had a good opinion of HIM
elf and has his long kinkly hair twisted
md tied up in cotton strings. He is as
as the hinges of TIades, but sue
eeded in finding a white woman low
nough to marry him. She hung about
he Court room with the negroes to learn
he fate of her leige Lord. Mr.. Thomson
the Court to be as light with him
$ was consistent with justice. The pris-
'ner is q poor man and will lose his crop
f sent to Jail" His Honor in his re-
marks to the prisoner, lectured him
oundly upon the practice of carrying
and regretted that he could not
end him to the p~enitentiary, as it was
lear that he had intended to kill his vic
i'm. The sentence of the Court was, that
10 be Sent, to the county Jail for twelve
months, with the privilege Of paying 500
t the end of six months, and then Of
,eing released from further imprison-
nent He will likely he a guest OF the
:ounty until the moon shall have waxed
md waned thirteen times.
Harry Hampton, the banioist was
ound guilty of betting ten dollars with
gentlemen Of African descent.
t appears that Harry slipped the other
pistol, then grabbed the Stakes"
md run, regardless of any entreaty to
The Judge delivered to this priso-
Ter an original lecture on the subject
If honesty and the necessity Of earn
ng his bread by the sweat Of his
,row. [Here Harry, spoke up, and
aid that he was scroffulous and could
rot work. The Judge then admonished
lin to commence getting ready at once
o meet the. Judge of a higher Court than
his and whose punishment were much
and much more certain than any
ne could infict. The sentence of the
Court was two years for Harry in
he peniteutiary at hard labor. He will
all probability take a contract for
a portion of the Greenwood and
Augusta Railroad.
Barney Fenteroy had pleaded guilty of
bacon. He, urged in extenua-
ton Of his offence that he had been
Subscribed" a~nd..couldn't get work he
was hungry and was obliged to have
oxa;- > nof, NJ pannnff Pny