Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-04-25

DuC HOW uOW Uuey are informed tnaG
in calling for and following such adj
vice they violated the law, and are
told that they were merely ministerial
officers without any discretionary or
judicial powers. If this be correct
version of the law, the defen-
dants huve unknowingly and
unintentionaly violated it, and
they regret that they should have
even unwittingly done so. Where
fore, the respondents ask that they
may hence be discharged.
(Signed) D. JAMES WNN,
(Signe0 HENRY D. McLAwREN.
District Attorney Melton then
said, upon the reading of this aft
davit:
Il propose, by an understanding
with the counsel on the other side,
to discon inue the counts, one, five
and six, of the Indictment, as well as
the same counts in the information
against these parties. In accordance
with this arrangement, 1 there
fore move to discontinue the case
against Henry J. McLawren alone,
and the mol. pros. counts /, 5 and
6 of the indictment against both of
the parties, there being counts charg
ing conspiracy. Counts 2, 3 and 4
are admitted by the defendants to
be true, and upon these counts they
enter their formal plea Of guilty in
the cases now disposed of. Ibecame
pursuaded that the defendants had
given themselves to the advice of
counsel learned in the law-diss
tipguished, and having the conf
dence of the public, and gentlemen
upon whose judgment they might
rightly rely, and that they follow
ed that advice honestly,
believing it to be right. I am per-
suaded that the affdavits that they
make truthfully represent their case
and their offence is purely of a tech.
nical character, they having come
forward with the utmost frankness
and admitted what they dld, and
why they did it, and propose to SUBJ
NIT themselves to Court. The gov
ernment of the United States is not
seeking to achievs the great purpose
of vindicating the integrity of the
bailot-box-enough has been done
in this czse. 1 therefore
move that the case be transferred to
the contingent docket, and ask that
the judgment of the court be sus>
pended indefinitely; and have made
agreement, under sanction of my
office, that l shall move that this
case is not to be called up for judg-
ment unless hereafter these people
shall be convicted in this court OF
crimes against the election laws.
Judge Bond then said "The court
takes pleasure in saying that
this is the proper termination
of this case. [ hope that every
citizen in tke United States know
that the United States Government
has no malice against it's citizens and
that the sole object of the goyern7
ment is to vindicate the purity OF
the ballot> box. 1 have been looking
at the statute to see whether there
could not be some nominal fine i'm
posed, but I find that the costs will
be too much. The court will accept
your suggestion, and if it is de~
sired, the court will take pleasure il
signing an application to the execn
tive for pardon altogether. Judge
Bryan said, it is customary under
such circumstances to suspend
Judgment in order that executiv,
clemency may be invoked.
Judge Bond: There can be ne
judgement in this case unless the
District Attorney calls for iudg
ment, which he Is not going to do
Melton said: The statement which
I have made will, of course, govern
my successor in Office. Under tn
circumstances I will discontinu
further proceedings against the man
l ayers at Rafting Greek and Carter
Crossing precincts in Sumpter Coun
5 ty, and the witnesses in the Sumpte
cases are discharged.
The court then took up the cas-
t against Joseph B. Bates
D charged with voting more thai
}. once in Barnwell County. Five negr
witnesses for the government swor
f positively that the defendant ha
g voted at Millet, had then taken th
} train for Boldock, voted there, an
t then had gone to Allendale, vote
0 there, returned to Boldock and vote
). there again.
# The witnesses swore that they ha
y known the defendant for years, an
o that they followed him from poll [
S poll, to see if he would vote mo,
= than once.
+ The defense proved by fifteen +,
o spectacle citizens that the defend
,, ant acted as chairman of the boar
!. of managers at Milet & Hoods, an
= remained there all day. The pro
for the defense was overwhelmin
It and upon the suggestion of JUDI
d Bond the case was submitted to Il
}, jury without argument, and the jul
; consisting of eleven white men al
e one negro. rendered verdict of Ii
y guilty in few minutes.
g The jury charged with the cal
d against the Mayesville managers
s still out and have not agreed upon
It verdict
= Fire
" Inrr C1nu Mr,n nril % &