Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-11-15
iect of comment both in the newspapers and IN
ynriuata nom varsatian In the county from which

private conversation in the county from which
the Jury is summoned.
That great prejudice exists against him on &C.
Ecount-of race, color .snd previous condition OF
seryitude so that he cannot have fair trial IN
the court on account Of political excitement, ana
on account Of articles published In the neWsPa-
pers of the county q: IL l.
That at the general election held on the 7th Of
November, 1876, he was elected representative
of the 5th District of South Carolina to the Uni
ted States Congress, and that he has been admit
ted to seat in said Congress, but that ms as
lieves that this prosecution is brought against
him by a conspiracy to intimidater him from
holding an Office under the United istaies and to
hinder him in the discharge Of his duties, and TO
deprive him of the rights secured him by the
laws of the United States; and he believes that
by reason of the said contest fr his seat there Is
a prejudice against him on the part or "a large 1g
fer with him in political opinion.
That he believes that the mind of Judge Town
send is prejudiced against him: on account Of his
race, color and previous condition or servitude.
and that his opinion is founded on the rulings OF
the Judge in the case of Cardozo. .a..
And he further shows that he Is denied In this
part of the State the rights secured to him by the
laws of the United States securing equal civil
Wherefore, he files this petition, verified by bis
oath, and prays to have the case removed to the
United States Circuit Court for the District of
South Carolina. ......, ..ag.4,.s
Lengthy arguments we're made by counsel
on either side, in support Of and in opposition
to the motion to transfer the case to another
forum, and on Friday the Judge read bis
written opinion, which was adverse to the
motion, and directed counsel to proceed with
the case. NJ ..-~ t-'...
The principal witness in support Of the
charge was Josephus Woodruff, who testified
that he was Clerk of the Senate from 1868 to
this time; was member of the Republican
Printing Company, and that company did
the public printing be was deeply interested
in the joint resolution to pay for public print
ing; Jones and witness m .de an agreement
that Jones should consult the members of the
House and witness should consult the Sena-
tors witness produced check on the South
Carolina Bank and Trust Company for
$4,000, dated January 18th, 1878. given to
Mr.. Smalls, Senator from Beaufort county,
and Chairman of the Committee on Printing,
in accordance with bis promise made previous
to the passage of the resolution in the Senate,
and after it had passed the House, that if the
resolution passed he would give Smalls S..
900; he got this check from the bank after it
was paid; this agreement was made in bis
office at the State House. Witness referred
to his memorandum book to refresh bis mem
ory as to when he gave the check to Smalls.
Mr.. Melton objected to reading from this
book, which motion was overruled by the
Court. Witness then read from the book,
and said he gave the check: on tie 18th of
January, 1875, to Smalfs, and that he dated
the check ahead. Smalls rendered him Off
cial services for the check. The 18th was
Sunday; gave several checks on the same day;
gave one to Ransier for $500; one, to Hol-
combe for $3.50; one to Hollinshead for S100;
one to johnson for $500. - ~. .sass,
Objections were again made to these state
ments but witness went on to say that he
paid Snalls the 5000 for his vote, and that
he did vote in favor of the resolution, and
gave it bis whole favor during its progress.
He thinks the joint resolution passed the Sem
ate without report from the Committee
Mr.. L. N. Zealy was next sworn for the
State. He testified that he was book: keeper
for the South Carolina Bank and Trust Com
pany in 1873, and produced the bank book
In court. He traced the course Of the cheek
through the books, and said the check in
question was charged to j. Woodruff. amount
$4,000; same day placed to credit Of Hon.
Robert Smalls; that was the 18th oflJanuary,
1878; on the check is memorandum show.
ing the page, 584 of the ledger; those 6gdres
we're placed there by me. THE; books were
then exhibited to the jury.] Witness contiu-
ued: On the same day there are charged to
Woodruff two entries, one of $500 and one, Of
$50. These checks were produced, and held
by the Court to be competent to verifytthe
entry of the s., 900 check. Other corrobora-
tive testimony was given by Zesly, when the
State closed, and the defence Offering no tes-
timony, on Saturday the case was argued by
counsel, and in the afternoon of that day
given to. the jury. ,..r su,,1 5sisa slta bssad
At 5 O'clock OH Sunday morning, the,jnr
sent for Judge Townsend, and on his. arrival
at the courtroom announced that they were
ready with verdict. Two hours we're ICON.
sumed in waking the clerk and Counsel, Then
the court was opened and the. foreman Of the
jury handed in verdict of guilty. ~; asdi
Mr.. Melton, of counsel for the accused,
fled an exception on the ground that ver-
dict could not be rendered on Sunday. The
Jury was then dismissed. Smalb was not or
dered to Jail at that time, but held over for
one day under his bond. rsi. i .tAai
It is claimed that Mr.. Melton's exception
will not hold-6rst, because the court did not
adjourn on Saturday, nor on Sunday morn.
ing, after the verdict was rendered; and be-.
sides, the court is sustained on the question:
of receiving q verdict on Sunday BY several
authorities which were closely consulted, be-
forehand, iD the event the jury should agree
before Monday. - -. -. D.. t,:Ja - .saam
Correspondence of the Yorkville Enquirer.
,,Dnrr = .ts, Fo.J