Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1877-11-15
Congressman Sn,alls.

Congressman Smalls.
Up to the rendering of the verdict Of guilty
against Cardozo, Smalls was dancing attend,
anco on tho court, ready. anxious and await
ing for his turn to DO acquitted or get mis-
trial His case had been set down for
Monday, the 5th instant, without opposition
and without any indication that ho would seek
to avoid his trial or procure delay. When
the verdict Of the jury was made public then
began q shifting and sliding to get, what
perhaps would bo least beneficial to him,
fair trial and just verdict. The first step was
tho fling petition which ho based the
right to transfer his case to the United Stntcs
Circuit Court, on the ground that he had
rights secured to him by laws providing for
theequal civil rights of citizens of the United
= Statss, and that those rights are denied him
in tlldnStatc Courts If tho facts exist. he
could have tho transfer, but in Radical ridden,
negro governed South Carolina, tho colorcd
race have enjoyed higher rights than tho
whites, while the law secures them equal
rights by the Constitution and tho most
stringent legislation The Judge took up the
pctitisD .!aad showed that it contained not
single fact which would entitlc tho defendant
to tho transfers. The petition contains four
points: lst. That>hc is q person Of color
and formerly slave, >and that ho has been a
captain and pilot in the United States
army. Cd. That his case has been much
commented on in private conversation and in
the newspapers and he cannot gcta fair trial
bn n ,l,ar M Gan
and conspiracy exists to deprive him of the !
right to the enjoyment of his Office, and hc,ofpce
he should have the transfer. .4lll,,. That he
cannot get fair trial befU. , udgc Townsend
his rulings in the Corlozo case being uniformly
against the defendant. The judge held that
tho thDee first contained no element Of the
| cn.sses which entitled the defendant to a
transfer, and the fourth, (which assails the
fairness and integrity Of the court, deserves
no further consideration than the remark that
it would be as conspicuonsly unbccoming in
the court to notice it as it was discourteous and
unwarrantca in the counsel who presented
it," Gen. Conner offered to continue the case
if the counsel objected to having it heard by
Judge Townsend, but the counsel for the
defendant stated his was not a personal
objection to Judge T., but to all South Caro-
lima judges and jurors growing out Of the
relations OF the races, &C., ut this time.
Ills CONSTITUENTS SUFFER.
When the petition was oycrrued an afli-
davit was read setting out his election to
in Congress, and but for tho proceedings and
prosecutions in this case, he would now be
in Washington attending to his duties rs such
officer, SC; that the present charge is mis-,
dcmeanor, other than q breach Of the pea CO,
and by the United States Constitution he is
not liable to arrest, &C., and pays to DO hence
discharged. This was also oycrruled and tho
casc proceeded with.
Woodruff testified that he arranged with
joint resolution approp-iatns large sum for
printing and Smalls, as Chairman of the
Committee on Printing, was to get 5000 if
the resolution passed. The resolution passed,
md Woodruff. about tho 18th of January,
1873, gave to Smals check on Hardy Solos
mons bank for SIS .000 Tho check was given
to Smalls for his aid in securing tho desired
joint resolution. Smalls voted for it. Xcaly,
,
the book keeper Of tho bank, has sworn and
proven the payment Of tho money to Smalls.
On Saturday morning tho counsel for the
defence announced that tho defence would
rest their case without offering any testimony.
thereby securing the opening and reply in tho
argument. Judge Carpenter opened for the
defence and was followed by Mr.. Youmans
,xand General Conner for tho State when Judge
Melton closed for tho Defence Tho jury
which stood seven whites and five colorcd
rendered verdict Sunday morning before
breakfast. An exception was taken to the
verdict rs boing rendered on Sunday. Tho
noxt case tried will DO that Of L.. Cass Carpen
tor, cx- Congressman and cx-cditor Of the
Union Herald, for forgery.