The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1880-07-30
.sroKIss sufTs ioR ,DArAexs.

GREENvILLE, s. g., July 15.-The Court
OF Common Pleas for Greenville County be.
canon the 7th, the dockets being heavy on ac-
count of the great amount of time consumed
nt the last term of court in the trial Of the
Academy Of Music inceudiarics, four of
whom, under the respite Of the Governor,
are TO be hanged on the FIRST Friday in Au.
gust next. The most important cases that
have been tried during tho term were those
OF Edward +. Stokes against ex.Mayor
Mauldin for assault and battery, and the
same plaintiff against the City Of Greenville
for false arrest and Imprisonment.
In; the assault and battery case the plain.
tiff sued defendant for three hundred thous-
and dollars damages for striking him with
tho fist or open hand. The case was ably
managed on both sides, Gen. Il II. Hemp.
hill, of Abheyile, and Chas. NJ. Furman,
Esq, of GreeRville, appearing for the plain.
tiff, and Messrs. Cothran and Earle for
the defendant. A verdict Of one hundred
dollars damages was rendered forlthe plain.
tiff, who at once gave notice of motion
for new trial, not being satisfied with the
verdict rendered. Tho case against the
City of GreeDyile was about rs follows !:
On the 10Th day of May, 1873, the plaint-
iii, Edward y. Stokes, who was in tho habit
Of mnking prayers and speeches Oh the pub.
lie square in front of the courthouse, in
which he criticised aud denounced the
sheriff, clerk of court and other officers, was
arrested by one of the regular police force
aud taken to the guardhouse, where he was
tept over night and brought before the
mayor in tho morning, aud discharged
with the admonition that his conduct
on tho public streets must cease. Not
long afterwards MIR. Stokes brought suit
against the City of Grccnville for $780,.
600 damages for false arrest and imprison
ment. He claimed that he had violated
no law, that he was only exercising the
Constitutional right of free speech, his
right to criticisc all public officers, that
he was IN orator, n public speaker, a
lawyer and lay preacher of righteous
ness, and as such he claimed that the
Constitution of tho State and of the
United States gave him the right to speak
whom and whore he pleased on oil public
Questions IL his prayers, which were
offered in loud tones on the publis square
and il the presence of assembled crowds,
he bcsousht tho conversion of SherfA +. u.
Gilrcath, that he might be made to DO bis
duty or be reno led from the office which
he filled, by death, if necessary, In these
speeches and prayers various public officers
We're strongly condemned, including Presi-
dent Hayes aud Governor Hampton, whom
he predicted he would yet sec together in
the chaiu-gang. Every day for many days
his discourses, which were always preceded
by a long prayer and generally by the read
ing of some portion of the Scriptures, began
at II o'clock. He would 80 through the
regular programme every day, no matter
how small an assemblage he had, or whether
he had any au utieuce at all. At first very
few persons would assemble to hear him
through curiosity. but as his daily haran.
gues became pretty thoroughly advertised
the crowd began to swell in numbers, and
soon he commanded the attention of large
concourse of people. At first no exceptions
were taken by any of the officers who were
subjects of his critical deuunciations, but
as the exhibition continued from day to day.
the sheriff, whose Office was hard by and
who was more severely treated than the
others, became very much annoyed. The
daily scene was denOueced as disgraceful by
many persons, the mayor was applied 10,
th, city council petitioned, threats Of vic.
hnee were several timos made, and at last
Mr.. Stokes was arrested.
The case was tried at the last regular
term of Court, when after patient trial
tho jury returned verdict for the defend.
ant-the City Council. A motion for q
new trial was made, andit was obtained
The new trial was had at the present term
with tho same result, and notice given of
second appeal. In tho trial Just crded
the plaintiff was represented by Gen. Hemp
hill aud G. M. Furman, Esq, and the Coun.
Gil by Messrs. Cothran, Earle and Ansel.
The case was we'll managed on both sides,
and the speeches were very brilliant. Con
IIcmphiIl for the plaiBtiE, preceded by
NIessrs. Ansel and Cotbran for the defence,
and Mr.. Furman for the plaintiff, closed
the argument with speech Of powerful
cloqucnce-indeed splendid effort. Nei.
thre motion fOr g new trial has yet been heard
1t is tn ,ught to be the intention Of the plain
tiff to carry the cases TO the Supreme Court
Of the United states, if necessary, and there
to plead for the damages he demands.
The City Council based its defence upon
the ground that tho daily proceedings Of
the plaintiff had become nuisance, and
tended to disturb and lead to breach of
the peace; that in consequence ofthe assem-.
bled Commupistie crowds the public street
was blockaded, much to the inconvenience
Of the citizens; that the arrest and impris-
onmeDt was not unlawful, and that, in any
event, the city was not responsible to plaint-
iff for damages, the arrest having been made
by a policeman without tho authority of
City Council, and the action of the poIiee.
man in making said arrest not having been
ratified by the City Council. These cases
have excited much public interest, and dur
ing the trial the court. room was crowded