The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-04-26
POLITICAL PROSECUTIONS.
THE SOUTH CAROLINA ELECTION CASES
REMARKABLE DISCLOSURES.

PHILADELPHIA. April ga special
from Charleston, : c, SAYS; District At
,orney Melton and his assistant in the pros
Of the election fraud cases, Dallas
Sanders, ofPhiladelphia, achieved a notable
victory IN the United States Court this
morning. The Board OF County Canvass
ers of Sumter county pleaded guilty to
neglecung and refusing TO count the votes
Of three election precincts in that county.
District Attorney did not press the
other couut in the Indictment After q
statement by Gen. L. W. Noise. their
counsel, in explanation Of their action.
Judge Bond stated that all the Government
wanted was a vindication Of the law, and
allowed them to 50 without sentence.
II PIE OF THE ACCUsED AND II
PROCEEDINGS WHICH FOLLOWED.
CHARLESTON. April 22-The District
Attorney called the attention of the court
TO two cases against David James VIM and
Henry J. McLaurin, Commissioners Of
Election for Sumter county, charged with q
refusing to count certain polls. Z. w.
Noise, counsel for accused, then came for
ward and read the following affidavit:
"UNTTEp STATES OF AMERICA,
District Of South Carolina.
United States ys. James VIM and Hen
~ McLaurin, the same vs.. Henry J. Nc
Laurin. Aud now at this day came into
court these defendants ana say, that they
are charged with having failed and refused
to count and send up 10 the Board of State
Canyassers the votes cast az Sumter Precinct
No. l, Carriers Crossiug and Rating Greek,
all in the county OF Sumter, and for election
of1SSl.
They admit the truth OF the charge and
in excuse thereof, now on oath, say that
they were for the first time acting as COM
missioners, and afterwards as canvassers of
the election Of 1850 in the county of Sum
ter that certain questions were raised be-
fore them as 10 the legality of certain boxes
in said election that they did not know
what to do, having received no instruction
on that matter, and not being lawyers or
conversaut with tie law Of elections. That
they called on three lawyers of good stand
ing TO advise them that they took and fol-
lowed the advice given them as they would
have done IN their private affairs, and by
such advice failed and refused to send up
IL or count votes in such boxes. They solemn
e " swear that they did not do this ~corruptly
L or with intent 10 change the result of the
election. They did what, with the light before
them, they believed to be their duty, but now
they are informed that in calling in and fol
: lowing such advice they violated the law
Z They are told that they were merely minis
terial officers, without any discretionary OF
. judicial powers. Ii this be the correct yer.
sion of the law, the defendants have un
knowingly and unintentionally violated it,
and they regret that they should have even
unwittingly done so.
. "Wheretore, respondents ask that they
may hence be discharged.
I'D. JAMES WYNN,
. Cherry ID. MCLAURIN."
District Attorney Melton said upon the
, reading Of this affidavit 4 propose, by an
j understanding with counsel on the Other
side, to discontinue counts /, Band 6 of thC
e indictment, as well as the same counts il
9 the information against these parties. In
accordance with this arrangement, /, there
fore, move to discontinue the case againsI
e Henry J. McLaurin alone and nolle pros
counts l, . and 6 of the Indictment agains.
. both Of these parties, these being the counts
a charging conspiracy. Counts ,, 8 and 4 ar,
Y admitted by defendants to be true. and upoI
these counts they enter their formal plea o
guilty. In the case now disposed of / be.
5 came persuaded that defendants had yield
d ed to the advice of counsel learned in the
| law, distinguished and having the conf
dence ofthe publie-gentlemen upon who's
Judgment they might rightly rely, and tina.
Is they followed that advice, honestly beliey
ing it to be right. | am persuaded that tn,
affidavit that they make truthfully repre-.
ID sents their case, and that their ofIense i
purely of a technical character. They have
come forward with the utmost frankness ant
/, admit what they did.
They state why they did it and propos
n 10 submit themselves to the court. Tn,
lie Government Of the United States is no
~ seeking to punish. Ii is seeking to achiey,
the great purpose of viBdicating the integ
rity of the ballot box. Enough has beef
n done IN this case |, therefore, move tina
M the case be transferred to the c0ntingen
docket and ask that the judgment Of tn
" court be suspended indefinitely, and / hay
I'd made an agreement under the sanction {
my office that | shall move that this case
:. not to be called up for judgment unlei
- hereafter these people shall be convicted i
3. this court Of crimes against the electio
laws"
i'm Judge Bond then said '.The court take
pleasure in saying that this is the prope
III termination Of this case. / hope that ever
IS citizen in the United States knows that th
United States Government has no maliC
against its citizens, and that the sole obies
" OF the Governmental to vindicate the purit
y. of the ballot box. | nave been looking
is the statute to see whether there could n,
be some nominal fine imposed, but / fin
. that the costs will be too much. The coul
III will accept your suggestion, and if it is d
sired the court will take pleasure in signir
an application to the Executive for a pa
don altogether"