The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1878-09-19

State of South Carolina-County Of
Anderson-In the General Sessions.
The State VS.. Hugh P. Kane, William
Durham, Robert P. scrugss and G.
W. Moose-Indictment for murder.
The above stated case having been
transferred upon the motion Of the pris.
oners from Pickens to Anderson county
for trial, they applied for and obtoinrd
writ of habeas corpus cum. causa,
trom the clerk Of the Circuit Court Of
the United States for South Carolina,
directing the marshal of that Court to
take the bodies Of the prisoners into his
custody and bring them before that
Court with the cause of their detention,
and directing the clerk of this Court for
the County Of Anderson. to furnish q
certified transcript of the record of this
Court against the said prisoners.
Prisoners counsel have thereupon
produced Plea to the jurisdiction OF
this Court and now move that the same
be allowed, under the provisions of Sec
ton CAB of the Revised Statutes OF the
United States, and for an order that all
further proceedings be stayed, aud that
the sheriff of Greenville, who has refused
to surrender the prisoners to the custody
of the marshal, be ordered BY this Court
to forthwith surrender them in accord,
ance with the terms of said writ OF
habeas corpus from the Circuit Court.
The facts upon which this application
is based are to be derived from the re-
citals ofthe writ. (that being the only
paper produced by the prisoners couu-
sel, } and from the files of the case as OF
record in the Court. The wris reciting
that the prisoners, Uui''d States mar;
shals apd deputy collectors Of Internal
Revenue, who were in the discharge OF
their duty in the district of South Car:
lima are now held in the common Jail Of
Greenville county, together with G.
W. Moose. to answer before the Court
of G en- eral Sessions for Anderson county.
iu the State Of South Carolina, charged
with feloniously killing one Amos Ladd,
of the county of Pickens. and State Of
South Carolina. proceed thus, ''and where
as it is alleged that the killing ofthe said
Amos Ladd by the said Hugh P Kane
William Durham, Robert P Scrugg'
and G.. W. Moose, was done by then
while in the discharge of their duty
acting as posse aiding and assistlnf
the said G. w. Moose, deputy United
States marshal and deputy collector o
Ipternal Revenue, under orders and b!
authority Of him, the said G. W. Moose
deputy u.arshal and deputy collector a
afor ssaid, who bad warrant issued b!
United States commissioner Of the dis
trict aforesaid, for the arrest Of a part.
chart ed with violations Of the lnterna
Revenue laws, and in search Of illici
whiskey, and that all acts done b.
them we're in self.defence, the sai'
Amos Ladd having assaulted and re
sisted the said deputy marshal ant
deputy collector and his posse, while i!
the discharge Of their duty as sue
deputy United States marshal and depu
ty collector of internal Revenue" &c
Filed with the record in the Stat
Courts are affdavits Of the prisoners
stating the acts done by them, and tn
attendant circumstances, specifically an
in detail, prepared and used in the Stat
Court upon their application for ba
there. To these reference will hereafte
be bad.
I am to determine whether the pris
opers have entitled themselves to an ol
der here, staying the proceedings
this Court, and directing the sheriff
Greenville county to surrender the pri'
oners to the custody of the United STATE
marshal for South Carolina. If ii
prisoners are so entitled, it will be tt
duty Of this Court to grant the orde
If they are not 80 entitled, it is equal
, the duty of the Court to refuse II
order.
The right is claimed by the prisoDe
to remove the cause. by virtue of Il
provisions of Section 643 Of the Revis'
, Statutes Of the United States, und
: which the writ of habeas corpus issu