Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-04-17

markably well, though still suffering some
what from his local complaint. lie seems IN
dependent of all assistance with the exception
of that afforded by a pair of crutcheS, aided
nv which. locomotion offers but little difficult
ty.''
THE ELECTION CASES.
The trial of the election cases was COM
menced in the United States Circuit Court at
Charleston, on Tuesday of last week, before
Judges Bond and Bryan. After the list OF Ju-
rors had been called, Gen. James Conner, one
of the leading counsel for the defence in sew
eral election cases, rose and said:
If this is the proper time in the practice of
the Court, we take exception to the entire pen
mel of grand and petit jurors. We have made
the objection in a single case only, viz: that
of the United States VS.. .Jno. J. Dargan, but 1t
will be found to be equally applicable to all the
cases which will come before the Court at the
present term. We, therefore, beg leave to sub
NIT our objection in writing as follows"
Mr.. Julian Mitchell, of counsel for the de-
fence here read the paper, which after pre-
amble sets forth the following objections
s'And hereupon the said John j. Dargan
challenges the array of the said panels, both
grand and petit jurors, because he saith that
the grand and petit jurors to serve at the pres
ent term of the United States Circuit Court
were not drawn in accordance with law in this:
s'I. That the said grand and petit jurors were
not selected and drawn in accordance with the
order of the Circuit Court, dated 23rd Decem-
ber, 1878. In this that all of the commission
ers designated by the Court did not attend to
perform the duty devolved upon them by the
Court, but that A. BLYTHE, one of the commits
sioners designated, did not attend or partlcl-
pate in the selection, and that the duty de-
volved upon him was performed OF attempted
to be performed by A. NJ. Boozer and }. E..
Hagood.
sII. That the said grand and petit jurors
were not selected and drawn in accordance
with the rules of the Circuit Court for this
District In this that the order OF the Court
should have provided for the selection OF
500 names, and that the box cannot, under the
rules, be filled up from time to time by partial
selections, but must be exhausted and then re-
filled.
'sIII. That the said grand and petit jurors
have not been legally served. That several of
the Jurors, grand and petit, who ate returned
by the marshal as personally served or served
by COPY left, were in fact served through the
postotfice, and that one of the petit jurors
Jordan was not served at all, and yet is re-
turnable on the veniIe as served by copy lett.
CIV. That one of the commissioners deslg-
mated by the said order of the 23d December,
1878, to wit: Absalom Blythe, was not per-
son residing in the Eastern District OF South
Carolina.
''V. That the citizens selected by the said
commissioners were not selected from the
several counties comprising the District OF
the State in which the trial is proposed to be
had, and in which the said John ). DaigaA
-, y1,sn nh hn oil
said to have been committed, viz: the Eastern
District of South Carolina, but portion of
the citizens so selected from counties within
the Western District Of said State
"And this he, the said John }. Dargan, IS
ready to verify wherefore he prays Judgment
that the said panels may be quashed"
After colloquy, participated in by Judge
Bond, District Attorney Northrop, and the
Counsel for the defence, time was granted to
the District Attorney until 10 O'Clock on We'd
nesday morning, in which to prepare an an
swer to the objections filed.
On Wednesday morning, Gen. Conner open
ed the discussion in support of the objections.
He was followed by Messrs. Mitchell and
Noise on the same side. District Attorney
Northrop, for the prosecution, followed MI
MOlSe. UuuSS SldSlQUl SlOoCu ViiS oSpoeN$
When the Court met on Thursday morning,
Judge Bond announced his readiness to de-
eide the motion challenging the array, but in
consequence of the indisposition of Judge Bry-
an, he concluded to postpone its promulgation
until Monday, to which time the court was
adjourned Immediately after it's assem- bling,
A dispatch to the Register, of Tuesday, says
that at the opening of the Court on Monday,
Judge Bond announced that he overruled the
challenges to the array of the grand and petit
jurors, on the ground that no improper con-
duct or fraud was complained Of on the part
of the officers who drew the juries, and the H.
regular drawing was, therefore, a matter OF
no consequence. Judge Bryan divided on this
point in an able opinion and the division was
certified. This prevents the Imprisonment or
other punishment of any one tried by these
juries until the Supreme Court of the United
States has decided the points upon which the
Judges divided.
The case of the United States IS. William
Kerrigan, for assaulting supervisor, was
then called, and Mackey claimed to examine
him upon his voir dire as to his participation
in the rebellion. Col. Edward McCrady, for
the defense argued, first, that the section OF
the revised statutes making this cause OF
challenge had been repealed, and, second, that
if now law, such participation must be proved,
and the witness could not be compelled to ac'
knowledge himself guilty of what was, ac'
cording to the statutes, treason. Judge Bond
overruled both points, and the court again di'
vided.
Mackey then applied the test oath, excluding
nine jurymen in this way, and challenging
three peremptorily. The defence challenged
three peremptorily, but refused to challenge
for participation in the rebellion. The follow
ing jury was empanelled: White-B. F. Hayes,
Philip Heller, w. A. Leslie, ]. II. Lindaman
Charles F. Osborn, L. H. Russell, N. K. Reed,
John R. Tolbert; colored-E. P. Wall, Jr., T.
F. Wall, J. P. Wragg, A. S. Nights.
Judge Magrath then moved to continue the
case, in strong argument to the discretion OF
the court, but Judge Bond refused the motion
The testimony was then taken, showing that
the supervisor was not in the performance OF
his duty.
Argument was had for the defense by j. w.
Barnwell and Julian Mitchell, Esqs. for the
government by G. Northrop ; and the case was
submitted to the jury. They brought in
L