The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1881-03-03
Tho Circuit Court.

Tho Circuit Court.
The February term OF the Court OF 1en-
cral Sessions for Anderson county convened
on last Monday morning Mt len O'Clock g.
m., lis Honor Judge J. B. Kershaw pres'd-
ing, and Mr.. Thomas P. Cothran acting Us
Solicitor. The Grand Jury was organized
with thirteen members, Mr.. Peter Il. Brown
being appointed foreman. His Honor IN
ouired if the Solicitor had any bills of in
dictment to send to the Grand Jury, in
response to which Mr.. Cothran handed up
several indictments, and his Honor said:
Mr. Foreman and Gentlemen Of the Grand
J,ry: At the commencement of your term
of service 1 should give you some instruc'
ton as to the scope of you: duty. You
will serve as the grand inquest for your
county during the present year, and will
from, term to term receive additional IN
structions from my SUCCESSORS OH the Bench,
but I should at this term give you some
general instructions, which may not be re
peated hereafter. have no special matters
tbnt I deem necessary to bring to your at
tention. The Legislature at its recent ses-
sion enacted some very wholesome laws
which will probably remove many OF the
causes of crimes the commission OF which
in our midst tended to bring reproach upon
the fair name of our State. There IS no
matter of special local Importance TOR me 10
call to your attention. Your county has
established a name for good order and thrift
that is highly creditable to you. This rep
utation extends over the State, and perhaps
beyond its limits into other States. You
have enjoyed immunity all along from those
frauds in your local affairs which have in
volved other communities so heavily IN
debt, thereby imposing upon them very
great burdens. 1t is, therefore, unnecessary
for me to direct your attention to any OF
these things. congratulate you upon such
q condition of prosperity and upon the law
\ abiding disposition Of the citizens IN your
county. AS the grand inquest OF the county
Won have q general supervision OF the ad-
ministrution of the laws in Anderson coun-
ty. and upon the iudicious exercise OF your
powers will depend in a large measure the
continuation oil the wholesome condition OF
affairs to which have alluded. You should
! examine into the manner in which the laws
are executed in your county, and report any
obstruction which tends to prevent justice
or interfere with the public welfare. You
have q supervision OF the police OF your
county. of the public officers and the mail
ner in which they discharge their trusts.
| You should look into these things, not be-
! cause YOU expect to find anything wrong,
but because this care and precaution on your
part is the best guarantee that errors, unin-
| tentional and otherwise, shall not creep into
the administration of your county affairs:
You will examine the public buildings and
suggest any changes or alterations necessary
tU promote the public interests. Visit the
Jail and see that the prisoners are properly
cared for; that they have sufficient food ana
clothing for their health and comfortCthat
j., such as is reasonable for their condition
according to the provisions which the law
| has made for them. do not mean luxury.
| You will also visit, either in body or by
committee, the poor house and report as TO
| the condition of the inmates. This unfor-
| tcnate class of our citizens demand public
sympathy, and should be supplied ny the
| county with substantial comforts. In some
counties they have farm attached TO the
4 poor house, which is run by the labor OF
the inmates, and in considerable degree
| paws the expenses of the institution. This
1 is. / think, the most desirable system where
| it is possible, for suitable labor i'll moder-
ate degree is promUtive both to the health
and cOntentment of the inmates, anu reil-
ders the burden of the county as light as
possible. As the Grand Jury, in obedience
10 sound provision OF our constitution,
| Inherited from our British ancestors, 1t is
| Your province to investigate and pass upon
all questions of prosecution to be presented
To the Court, except in some small offences
l ~ f,o,,, i,,fo C,urtS knV Dpr.
son has the right to begin prosecution be-
fore all inferior Court, and the Justice may
send the case up to this Court, but before 1t
can be investigated here you have to pass
upon the charge so as to say whether there
is enough in the case to afford sufficient
probability of the truth OF tho charge made
by the State to warrant a trial IN this Court.
IF upon its investigation you are OF the
opinion that the charge is not well founded,
ur is too frivolous to occupy the time OF the
Court, you will find no bill, and thus ter
inmate the case The witnesses will be
sworn in open Court, and you will call aid
examine witnesses IN each case uitll you
obtain evidence sufficient TO satisfy twelve
men on your panel that the case should be
brought to trial. Ifafter you have exani'
ed all of the State witnesses twelveof your
number do not agree to true Dill, You
will return no bill.
The first indictment submitted to you by
the State is for resisting all officer. To
make out this charge the State must prove
that the person resisted was an officer OF the
peace that the party charged with resisting
! him knew or had reasonable ground to
know him to be an officer, and that at the
time the offense charged was committed
the officer resisted was acting in all official
cal,acity. Ifyou do not find all three of
these requisites you will find no bill as to
the ehar-e OF resisting an officer. You will
also investigate the charge Of assault and
batter with intent to kill, and if you come
i to the conclusion that the offence was om-
mitted under circumstances which would
have made it murder il the party assaulted
had been killed, you will lind true bill,
if not you will return no bill. In the case
for riot you will, in order to find true bill,
have to find the disturbance to have been Il
tunu!tuous disturbance Of the public peace
| by three or more persons With tile Intent 10
assist one another in the execution of some
private purpose, and afterwards executing
| il in tumutuous manner to the terror Of
the inhabitants, whether the purpose be
lawful or not. The case of grand larcy will
require that the goods taken amount to more
than twenty dollars. You. will also exam.
inc the offices Vi the Clerk of Court, Sheriff
and Probate Judge.
The commissions of the Judge, the Sheriff
and the Clerk were then read and spread on
the minutes of the Court, and MIR. R. l..
Moorhead was appointed deputy Clerk.
The case of the State VS.. Sloan Williams
for resisting an officer and assault and bat
terry with intent to to kill, resulted in u
verdict of guilty of resisting an officer.
Mr.. T. P. Cothran appeared for the State
and Messrs. Whitfield and Kennedy for the
defence. Sentence 8 months in Jail and
SIS fine.
State vs.. Seawright, Paul Rutledge and
Others, assault and battery with intent to
kill verdict guilty of an aggravated assault
and battery. Mr.. T. P. Cothran represent
ed the State and Messrs. H. G. Scudday and
Id. h. McGill the defence. Sentence, Sea-
wright months in JUL, Paul Ru'ledge
,,ontl,o or 2J5 Ene Pickpns Rutlpt1yt