New-York tribune., 1879-03-24
PENDERGRASS, THE c0L0EED NAN

TIE EXTRAORDINARY HASTE AND UNFAIRNES'
WITH WHICH HE WAS RUSHED INTO PRISON IN
SOUTH CARDIL>A FOR OPINIONS SAKE.
GFRoM TIE REGULAR CORRESPONDENT OF THE TMBUNE.l
WAsmNGroN March 21.-Sauatrr Teller has re-
ccved in repy 10 letter written by him to Il prom
iDent lawyer in South Carolina an account of the
trial Of John II. Pcndergass colored, of kmgsrcc,
who was recently sentenced to two years mprlson-
mcnt at hard labor ortopay fine of $500 and costs
of trial for libel The act of oel consisted in writing
a letter Mr. Swails, last Fall. giving an account
of the frand and violence of which Mr. Pendergrass
was a witness during the last election This letter
Mr. Swails allowed TO he published and mmcdi-
ately afterward tho writer arrested and in
dicted for libel, as also many Others who had
made rcDorts Of the same character. The matt ter
ahout which PendeTgTaNS wrote was investigated
by the Teller Committee when in South Carolina.
According to the belief of the members OF the com
mittce the facts were fully proved to be Pendcr-
grass reported them. Tho correspondent ol Senator
Teller writes:
Mr. PenderGrass, some others. seems to have Ia
bored under the apprehension that 10 bill would be
sent the Grand jury the March term OF the court
nor until me June tIn, uhde as nc
tnat these cases we're ~ obedience 10 the lex tat0-
MS ned I'm tcrrOrem to abide the development or tile
United STATES Court in April He was surrendered by
Ina bah some time before court ana the grrat mistake
the poor fellow made was IN making no effort towards
lie had TO money and but little it true. bu
had he advised me as Mr.. - did who came down and
would have volunteered 10 drfenu MN,
invariably done. HIS case was utterly beyond tue
reach the Federal ANA process. lie was put upon
his trial by the presiding Judge, the lOn T. j. Mdckcy
without counsel having no means TO employ one Ills
only defence was his unsupported evidence IN
the stand. The newspaper with the letter In
print was produced. and one Montgomery, black man.
his personal aud political friend, turned states evidence
AGAINST hlm to escape p own trial learned that the
Judge charged the jury t6at tine nang Of tue letter
containing hDclUus matter was sufficient pubhcatun
and that The intent question oi fact for the jury
the burden of proof Ia sow the absence o malice having
been shifted TO the shoulders OF the defence by legal
presumption.
need not weary you with the law. although have
carefully stndd the ease and all The latest authorizes
and reported eases. cannot say what fetch Jury will
do Neither prophet nor the son OF prophet can do
that and thai Jury might have convicted him III any
event. but with the information The poor fellow gave
me ai he could have had that verdict written
up against him. The Supreme Court woud have sci II
aside my opinion. He was convicted aud sentenced
years The pcnitcntiary or 5000 hne and costs
When reached Kmgstree called at once at the jail
and saw him. The Sessions had adjourned, the term
and legal avenue was barred against the
optniug Of the i had long interviews with the
Judge and Solicitor and others asked the Judge and
solicitor II they would sign an application for
pardon but they refused to do so rs 1t was too
the next morning and made the best appeal could,
moving the Court to instruct the Sheriff not to send
him to the pententary. fearful place IN Winter here
for twenty days that lie might have that time 10 raise
the fac among his friends. Tbs request was
refused | then went out and summoned TO my
room all the negroes who had propertv ana whom
could rcach and they said they willing pledge
their little all. and were sure tho money could be easily
the certificate Of sentence the provsO OF ms instant r.
lease up0n payment Of the fine and, urging the people 10
compelled 70 return on account OF the exceeding
press public business. The fellow seemed Ol-
pressed with strange appronen>ion, kind Of present.
ment az he told when the doors OF the prnitcntdry
closed upon HIM they would close forever, but dd my
best 10 dlsabusc h.s mind OF that idea aud left hun.
do not believe that Pcndergrass knows what libel