New-York tribune., 1879-04-29
INSTRUCTIONS TO JUSTICE
upruons usrD IN SOUTH CAROLINA.


FX-GoyvENOR CHAMBERLAIN WILL FINALLY BE
pRopPED-THE ELECTION CASES PUT OVER I'LL
NJ yEMBRR.
lFRoM AN OCCASIONAL CORRESPONDENT or THE TRIBUNE
CHARLESTON, :. c., April 24.-The United States
Court for this District suddenly adjourned Tuesday
morning after session of two weeks. The adjourn
ment was surprise to every one, and the causes
which led TO IT can only be undt rstood by brief
history of the term during which tho Democracy
of South Carolina through its legal representatives,
developed as much energy in obstrueting hlndering
and impeding tho due administration of justice III
the United States Court as they have always
shown in obstructing and hindering Republicans IN
the South from exercising their right to vote
Previous to the beginning of the term, extraoTdl-
nary preparations were made by the Democrats to
fight the prosecution of the election cases inch by
inch Subscriptions were taken up all over the
State to defray the expenses OF the defence in these
trials. Senator Butler aud Congressman (by virtue
of tissue baIlots OConnor came to Charleston to
attend he Court, and the most prominent lawyers
in the State were engaged to defend the persons ac-
cused. In fact, the whole Democratic bar OF the
State was enlisted in the of defending ballot
box suffers and Ted-shrt disturbers OF Republican
meetings Knowing that it was impossible 10
rely upon the innocence Of the accused
as tho suIest means of obtaining their
acquittal they determined to obstruct,
hinder and harass the prosecution in every way i'm
aginable and to fight each step by step, and #
they could succeed in nothing else. to prevent any
large number of cases from beng tried. On the first
day of The Court, soon as the jures were called
Messrs. James Conner. formerly Attorney General
under Hampton, a. q. Magrath, United States Dis
trict Judge before the war, L. ". Noise, Adjutant
and INSPECTOR General of the State, and Julian
III -, anf tha atp
fled in behalf of the defendants in these cases a
challenge to the array of jurors, both grand aud
petit. As the Dstrict-Attorney had had no notice
of the motion, the Court adjourned until
tine next day in order to afford him an
opportunity to answer the causes of the chal-
lenge made. The whole of the next day was con-
sumod IN hearing five speeches on behalf Of the de-
fence and one from the Government in this matter,
after which the Court again adjourned. The next
day, although Judge Bond ready to render his
decision, Judge Bryan, the other member OF tie
Count was not ready, and as the day following was
Good Friday the Court adjourned until Monday,
when the challenge to the array of jurors was over
ruled-,Judge Bond rendering the decision OF the
Court ana Judge Bryan dissenting, as MAS expected
This division of the Court upon this question gave
TO the defendants in every case the right to take
their cases to the Supreme Court Of the United
consumed without single case being tried
As soon as the decision overrulng the challenge
to the array of jurors was rendered, the District
Attorney announced that the Government was
ready 20 proceed in the case OF BrOcky Kerrigan in
dicted for assautng the Republican supervisor at
the Palmetto Engine House, Ward Three OF this city
1t will be remembered that during the melee
caused BY that assault the poll-ist of the super
visor was stolen which enabled the Democratic
managers to stuff the ballOt-bOX and thereby return
as the result Of the voting at that poll Democratic
majority Of 2, 700. In empanelng jury for the
trial of this cause, certain jurors were challenged
by the Government for voluntary participation
in the rebellion. under the provisions OF
Section $50 of the United States Revised Statutes.
Upon this point two or three Democratic lawyers
engaged in the defence addressed the Court, and
consumed several hours III discussing a matter
which had been decided two years before III the
Elenton. trials. Finally a jury OF eight white and
four eolOrcd men was obtained, and the evidence
for the prosecution being uncOntradicted, the ac-
cused was convicted. The next day Quesday, the
18Th INST the case of Liebenrood policeman Of
the city, indicted for assaulting Green, deputy
marshal at the same poll, during the assault made
by KerIigan upon the supervisor, was tired. Again
the lawyers for the defence attempted to consume
time by discussing the question Of challenges under
Section $50, until Judge Bond was forced to re-
mark that he had heard the subject discussed ad
nauseam, and that lie would hear no further argu-
ment thereon. The plea made for Liebenrood was
that he did not know Green to be deputy marshal,
and as the evidence was not clear this point he
was acquitted.
JJpon the first day of the term the Distrlct-At-
torney issued subpoena duces tecum for the Secre-
ary of State requiring him to bring into Court the
po-list and returns of certain polls, the managers
of which had been indicted. The Secretary of State,
being Democrat, failed to respond 10 the subpoena,
and as the cases OF ballOt-bOX stulng could not be
tried without the original pol-ists and returns,
| rule WAS issued against him to show cause why he
should not be attached for contempt. While
awaiting the service of the rule aud the answer
thereto, which could not be made for several days,
as the Office of Secretary of State was in Columbia,
the District-Atorney proceeded with the case of c.
| A. Levy for voting twice. Although two witnesses
syore positively TO his voting ut poll and three
other witnesses to his voting another poll the jury
were out thrtysix hours before rendering verdict
of guilty-the Democrats the jury seeming to act
| in concert with their friends outside i'll delaying
matters so as obsruct the progress OF these trlas
| FRED. NIXs CASE
On last Friday the trial OF the Barnwell case be-
| gan. As already telegraphed, the Defendants tif-
| teen in number were all Democrats and red SHIRT
| riders They were brought to trial upon an intor-
nation filed by the Disrct-Attorney, the 6rst four
| counts of which charged that the defendants and
| other persons unknown c0nspired to prevent Fred
| Nix Ia leading Republican of that county, and
Others from meeting peaceably for consultation IN
| respect to public affairs, an immunity and right
| guaranteed to them by the Constitution OF the
United States The fifth and last count charged the
defendants with conspirDg to ntimidate, injure and
oppress Fred. Nix in the free exercise OF
the right to vote at Federal election
on account of his race and color. Eight witnesses
for the prosecution fully established the fact that
| LII inn