The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1878-04-24
he Press and Banner.
Wednesday, April "a, 1878.

B~S ~~
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Wednesday, April "a, 1878.
Court.
Last Monday the Court of General Sessions
hvened In the Court Room; His Honor IT,.
3ckey presiding.
here were at the beginning OF the Court
bre han twenty prisoners In jail waiting to.
tried. The immense cost In maintaining
q trying prisoners for petty Offences may lie
idly seen from reading the following notes
! he cases. Judge Mackey Is O good worker.
ere Is no disputing that fact. He Is q man
and noted for the energy with
ich he dispatches business.
b the matter of Trial Justice McCaslan we
heve the Court was un~precedentedly severe,
q the act a dangerous assumption OF power.
brs OF the present sentence, McCaslan
likely appeal to the Supreme Court. II
hld seem that 1t was no fault of McCaslan's,
II the prisoner had not been tried In Janu-
|. Certainly he Is not chargeable with
brit and the General Assembly. If the
ige's order should be sustained In part, the
by In holding Court cannot rightfully be
Urged to the Trial Justice.
}n arrested unde a charge OF trafhicking
heed cotton, punishable by the Act Of Gen.
Assembly passed In June, 1877, IN a PEN
) OF so fine, and 30 days Imprisonment, or
slons, or Trial Justice, The Trial Justice
l. the case up to the higher Court. Here the
endant excepted to the jurisdiction OF the
IT, on the ground that the offence chargcd
alJustice. His Honor sustained the OBJ
ion. holding that the Act In question was
constitutions. But he went q step 1mrther
imposed uponsa judicial officer O penalty
a mere error Of Judgment In q mater
Flyers; particularly as 1t was a late Act
ich had not received judicial construc;
al. But even If II had been O ministerial
which would have subjected an officer to
censure OF the Court, the offender was Ger
Its Of making his defence. But In this
E, the fine was summarily Imposed In the
hence OF the Trial Justice, and without any
ification. his. proceeding Is ceralnIy
Il that due PROCESS OF law" which the con-
3ution guarantee to the humblest Of her
LIENS.
bitrary Rule Of the Contributing
q Trial Justice into Trouble.
appeared that Abram Gown, colored-
been arrested and lodged In jail for trad,
In seed cotton between Sun set and sum
}. The degree OF the offence in this In,
ice being Within the jurisdiction Of Trial
:: on motion OF the defendants
nsel, Messrs. Burt 4 Croydon. the
J was dismissed from this court.
] prisoner had been In Jail seven months.
en the penalty II convicted before the pro
tribunal could not have exceeded thirty
he; court-wha. Trial Justice sent thispri
3oIicitorMA, L. McCaSlan. |
he Court-It Is ordered that the cost of
4 l., che all m fhn
ID six months be chargedto the TRIAL JUS
who committed him. This course. is
Iessary to protect the people OF the county
to Insure o faithful performance OF Official
be discounted by the County. Commits
srs In their future settlements with him.
. Clerk, you will inform the County Com
ksioners Of this order. The prisoner Will 60
bee without day.
Mot Burglary nt Grand Larceny.
he next case was that OF the. State against
5nry Smith. colored. who had beenindicted
burglary and grand larceny In entering
store house of w d. Mars, ut Calhoun's
lis, aud stealing therefroni fify dollars
18th OF goods Henry Is a Ill latto and came
b court with his arm In o sling. Adcress-
The Court sald-Have you an Attorney
risoncr-Yes, sir; Mr.. Thomson. ga
Ihe Court-Mr. Thomson Is no practicingl
8y. You must select another attorney.
b must go to trial. This Is not q capital Of
lee. the Court therefore will appoint an at
hey only TO help you draw jury. Mr..
will yon please aid the prisoner In SC
Hing jury? II any juror Is related to the
endnnt or to the prosecutor he Will not serve
he trial OF this case 49,
I. McCclveS and w. D. Mars were the
IN witnesses for the state. The defense Of
&d no testimony From the evidence 1t
Seared that Mr.. McCelvey was sleeping In
: upper room. of the store Us u guard for the
IDS. McCelyey one night about the middle
october was walked up by II noise In the
Re when a light was madea and the building
! searched. Discovering the form OF some
in the distance, Mr.. McCeivey fired his
tol two or three Gimes-two shots taking ef
!. but mol, seriously disabling the prisoner,
10 ran to the window, jumpedout n made
escape. leaving the goods which he had put
sacks for transp ortstio1 ~ next
! confessedtow w. D. Mar THAT he committed
! crime, The prosecution failed to prove
1.-THE window had been closed the night
Ibre, and hence the Court charged that the
could not ind b prisoner guilty OF bur-
Ery. hi Court charged that breaking o
:, the raising OF allatch, or doing anything
Itch defeated the usual means OF protection
y burglary, and: 1t must be positively
wen that the window was broken to make
fglary in this case. AS to the larceny, ii
IDS are merely lifted and put back, or
Syed from one shelf TO another, completes
crime Of stealing and carrying away. AS
The con fession 1t Is O Question oflaw, and
] a matter for the consideration OF the
Efter retiring a few minutes the jury re-
med a verdict OF guilty OF grand iarceny.
hat the Stealing Of Ten DOiiars'l