The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-03-29

ssBs present. tenn If ssfSa' Court having
been questioned, an6 having heretofore
heard argument upon the question, 1T IS
ordered that. thesjurorS be- discharged,
and it is further. ordered that the Clerk
of the Court make sGit out the necessary ceri
tifcates to enable them to be paid.
NEhesJndge sstssed Sthats CHS eldsr dld
not meet bis approval, and Mr.. Smythe
then read the order he had prepared, as
tSst0fs The sac sMa 6arolsaaaa,, :, Charleston,
Cosnty-ln the Ssssions--Fsbruay 7srm,
Ssisssis Rlessisy, Hayne andIsmsthe,
attorneys recommended by the grand jury
and Solicitor, and appointed by the Court
to representsimpertant CRIMINAL cases now
pending IN this Court, have made objec4
ton to the legality of the grand and petit
Jurors drawn for this term, upon the
gfouhd{ {among others, that tGaHet Byrns,
who took part Ein drawing. the said jurors,
claims to be jury commissioner for this
county under an appointment from d.
81. Chamberlain as Governor of this State.
After due and. full consideration oflsaid
objection, I am of opinion that the COM
mission Of the said Garrett Byrns as jury
commissioner is;not legal OF valid; there
fore, slie -.
Ordered, That the said grand and petit
jurors be forthwith discharged from fnrth-
attendance upon this Court; but ihas-
muck as their attendancei heretofore has
been compelled by the process of this
Courts that the Clerk do, issue to them
.ths customary pay certificates fof the
number of days which they have an
swered to their names when called.
Further ordered, That the jury list pre-
pared in-Japuary; last, ,bothy grand, and
petit, beSek aside}as irregular and void.
Judge Reed asked if the commission
had been issued to Garrett Byrns before
6yafef thesla Inauguration of D. 81.
,GhansberlaiR. Mr.. PRESLEY said he could
only say that it had been admitted by
acting Solicitor TaftitfIab :Gar1et Byrns'
commission was dated since the late in
.augurstieps sef Chamber berlaipaasWg-s
{ SoMsisot Butt said that athere5 was no
question: tsthat, ant that shef salso
admitted that Garrett Byrns had been
commissioned by Chamberlain after he
had gone through the form of an inau-
guration, and after he had attempted TO
qualify. ,,.,g-zya
neither, of the orders -presentedTessctly
met his appreciation, and that he would
prepare an order himself, in the course
of, auyhour; or9two, covering the<whole
ground. The Judge then finally. dis dis
missed the jurors-grand and pctit-and
ordered a recess until II m.
At IL m. Judge Reed reconvened the
Court, and announced the following Or
der: ,s4. ~! - :~sEolas
State of South. Carolina, Charleston County
III the Court Of General Sessions, Feb
8 :ruary Term, 1877. i. .s ssoas
Messrs. Presley, Hayne. and ,Smythe,
attorneys, recommended by the Grand
.Jary,and the,Solicitof, and.appdintea by
the Court, to represent the, State in i'm
portant criminal matters pending in this
Court, having raised objection to The 'le-
gality of the jury list as prepared in jan
uary last, and also to the array of jurors,
grand grand and petit, that have been drawn,
and summoned to attend at the present
term: 5D.,y "a .ey ,,jl;ies. 3!e,,a . .I'',,,
. After hearing argument and giving the
matter due consideration, it is adjudged
that the objections are we'll taken, there
'0te toerasaa aR5 tie 9jury & iis9s @ paFfsapared in
January last be set aside, and the persons
summoned to attend at this term Of the
CourtDjuEors grauta and petit, Sbe dis
charged hence withontday. Also
ordered, that, the, Clerk deliver pay GER
tificates to the said persons for the time
they have attended upon the Court 81
D -. Il ..s>,t J. P. REED.
March 20, 1876. = = -a'3Y..6. - . :.
Ths Court Of Sessions was WIS then ad-
iournea sine, die, and Judge Reed, after
NOTIFYING, ,Mr. A. T. Smythe, the attorney
of james Flynn; and Attorney-General
Connsfe1reads his ,dectee in the habeas
corpus case ofsJames Flynn, inyolying
the question of the legality of D. II.
Chamberlaia, anG ef The persons acting
as trial justices under his appointment.
The decreeisoasS follows. alsG J. i
EelPa1ge} james fFzynn-Habeas Corpus.
The relator states that che. is illegally
detained in the, custody Of one VIM. F:
Dover. of9the CisyG IF Charleston, and
nrays! that q writ of habeas corpus be
granted to bring him .beforeIthe Court,
thSfthe cause of his detention being seen
and known, such proceedings may be had
therein as are agreeable to Jaw and JUS
tice" The Wit was accordingly granted,
but,before itwas delivered, W. +. Dover
Appeared and stated that the relator was
not in his custody, but had been commit
ted by him to the Jail of Charleston
County. Whereapon itWas ordered that
the writ be directed to. JrfH. Symmes a
deputy. of the7Sherif, and the Sheriff
himself being absent from the State. and
keeper Of the, Jail, who made the follow
ing return: ri hold the prisoner by COM
mitment of w. F. Dover, trial justice,
charging hifa7with assaultSMith a deadly
weapon, which commitment Is herewith
submitted. Signed, G. O. aBowen, S!G.
C.nd The relatorj by his counsel, insists
that he is illegally detained because 'W.
F Dover. upon whose warrant he was
arrested and bywhoin' he vas committed,
is not and was not, at the date OF the ar
rest.na /, trial justice, and had no Lawful
authority to order his capture OF deten=
tion.4l Tie object of this proceeding ls to
induce a recognition Of one ofathe two
persons claiming to be Governor of the
State. and is the first. case involving di--
rectIytthe question as to who is Governor
thathas arisen or been argued on this
Circuit. Hitherto the opinion has been
held By thelg Court; acquieseed in by the
Barsand. the practice as far as practicable
conforned thereto, that the public veal
wou1a. be best conserved in this jurisdic;,;
don by preserving the stats1s quo until uni,
dsceissionnf should be made by some author,
ity that would be generally recognized
throughout the country as settling the
..sss;on Rnt nendinp such ANTICIPATED