The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-11-07
The Trial of Cardoza.
CRUSHING EVIDENCE OF HIS
GUILT AS A PUBLIC ROBBER.

Preliminary Fight Over the Jur.
Results III the Empanelllng Of Five
White aud Seven CoIOrcd Men.
Special Dispatch to the News and Courier
COLUMBIA, S. C., Thursday, Novcm'
Der l.--At the opening of the Court this
morning there were present the Attor
n~ey-general, Mr.. Solicitor Abney, anc
MeSsrs. Miles Youmans and l.eContc rep
reseuting the State, and Mr.. S. W. MeitoI
representing 1.-The accused" a generaliza
ton which in this instance means nearly
every Republican ex-oflicial OF the State,
Several of these were present in thu
courtroom. but occupied seats among
the spectators.
Gen. Conner addressed the Court, sta,
ting that he had intended to submit sew
eral new indictments to the grand jury
but owing to the absence of several wit
nesses he would ask that the grand jury
be held over until Monday next.
The Court then announced that tn,
next case to be tried was that Of the Stat,
against Cardozo, Gleaves, Woodruff anC
Lee, and asked If counsel were ready t,
proceed.
Counsel being ready-that is to say, Mr.
Melton being entrcnched behind u lont
table bearing eighteen ponderous vol
unles mounted en- bar6ette, ind the solicit
or, encouragement and Mr.. Miles Ui
his flank with their first parallel opened
and four other heavy guns, in the shape
of Ledgers rom the treasury, also IN Pc
sition-they stood ready 70 begin thu
fight as soon as the prisoner, who hat
been sent for should appear.
The Court stated that the jury ] n thi!
case would be jury No. l, as No. = hat
been used in the last U,se. lie asked
any of tho Jurors were objected to.
MI. Ahney challenged SILVER ant
Hunter, and a discussion ut once arose a!
to the true inwardness Of the jury laws
Thiswas amicahly adjusted by the decis'
ion Of the Judge, that when the State OBJ
iected to. two jurors Of the twelve frs
presented. and their places were filled by
two supernumeraries, these last TIVE
could not be objected to by the defendant
| MeSsrs. John s. Wiley and John Field
! were drawn and placed on the jury i'll
| stead OF the two above rejected.
! Mr.. Melton asked If he was 10 under
stand that under the decision Just made
the prisoner would not be allowed to Oh
ieet to Mr.. Willy or Mr.. Field. TAT thi
! point Cardoxo came into the courtroom
ny d paSh "oS, "'o WIN "e~' AVA A-
counSel.]
| The Court said that was certainly tin
meaning of its decision.
Mr.. Melton asked that al exception b.
! noted, which Was done. Mr.. Melton
then stated that he should require MI
Halcott Green TO be put upon his vOi
dire.
Gen. Conner objected that this was no
in order at this stage, nor until the pane
was exhausted. He quoted a decision Il
Judge Reed to the effect that the premp
tory challenges must be exhausted befor
the rOir dire Was reSorted to.
Mr.. Melton argued against this view
He did not think this Court should b
governed in its practice by that of Judg
Reed.
Judge Townsend decided that chal
lengeS for cause should preoede prempto
~ challenges, such having been his prac
tice heretofore and there appearing nj
good reason for change in this instance
MIR. Green was then subjected to tn
usual ordeal Of questions rs to whethe
he WAS a relative of the the prisoner, Wa
biased in bis favor, or prejudiced agains
him, all Of which questions being salts
factorily answered, the Judge, who hat
himself reserved the right to ask tn
questions, announced that the juror wa
acceptable to the Court.
Mr.. Melton said he would challenge tn
same juror 'tfor cause" and proceed T.
read the jury laws at length from a vol
unle of the Statutes at Large. He arguet
that the new law requiring a third com
partment in the jury box does not appl.
in those counties where the jury list
were properly prepared and drawn il
tho first instance. He@ncluded by say
ing. II submit that all the jurors wh'
havo been drawn at this term Of the cour
| hy the Jury commissioners are not prop
er and legal jurors, and that the Gauss
which / allege is sufficient cause to TAX
the juror from the panel aud from tn
list Of juaors in court.
A long argument followed on this point
the Acknowledgement %contending that THU
Jury, which has tried all other cases q
this term, was q legal one; that the State
had accepted it as it stands instead Of try
ing to have it changed by throwing GU
and substituting jurors, q proceeding
which, if the State had attempted it
would certainly have been hailed us ar
effort ~ pack the jury to secure convic
ton.
Mr.. Melton replied, and, at the conclu,
sion of his argument, the Court ruled
that, as the act 1877 repeats all other acts
providing for the mode of drawing juries
there ia lio other mode except that which
the act of 1877 provides, and under which
this jury was drawn.
Mr.. Melton again excepted to the rul'
ing. Mr.. Melton then challenged Mr..
Green peremptorily, and he was directed
to stand aside. -Four other white men
Of the jury were subjected to the same
process and ordered to stand aside.
These were Messrs. Crowley, English,
MartiuGale and Bynum-all good men
and true. The five cases thus vacated
were filled by three negroes and two
whites.
Mr.. Melton then proposed to question
one Of the jurors for cause, as having ex.
pressed al opinion, but objection being
made to this as irregular. He argued al
some length that counsel for defendenl
has the right to interogate the juror utter
the Court has done 30.
Gen. Conner replied that If 1t could
be proved that the juror had expressed
an opinion, we'll enough-"bring on the
cloud of witnessess'-bu that it would
be irregular for the counsel TO examine
the Juror himself. How could q juror
be made to criminate himself?
III tulS pollt LIE SouEt Iulcu euot SouH
sci had no right to cross-eXainine q ju'
rur, but that lie has the right to intro
duce any evidence showing him to b,
disqualified.
The jury was then sworn. 1t is com
posed Of tive white and seven coloret
men.
The Judge directed the indictment t.
be read.
Attorney-G General Conner, In opening
the case for the State, announced that h
had entered a mol PROF., as to this indict
ment, against Woodruff, Lee and Jones
and that, as Gleayes had not been unrest
ed, the only party now on trial would b.
+. l.. CardoZa. He then proceeded u
give a brief statement Of the case agains
(Cardozo. The hearing Of the evidence
was then begun.
The Testimony.
q. by Gen. Conner: Were you a membe
Of the Legislature In 1878 and ls74?-A. l WA
Q. In what capacity -: was speaker @
How long had you been II member Of tn
Legislatures-A. From July, ISIS, to October
3. When you left the LEGISLATURE to whu
whatever. In 1874 / { didn't rum.
Q. Have you since held any Office "a.
have since held the office OF SOLICITOR of tn
seventh Circuit.
@. Elected when "A. At the general cleo
tI0n on the 9TH Of November lust.
@. Handing q paper to witnes>.l Examin
that paper; DO you recognize it:-A. ! do sil
Gen. Gunner: read 1t 10 the jury.
Witness: The entire paper7-Gen. Conner
Witness reads: Senate and House OF REF
re~sentatives, November, 1873. The Stat
treasurer will pay u order &. L. Frankfor
$1,000 on account legislative expenses. (Sl,N
is in fipures.l Signed by ], W, Woodruff, 4