Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1882-04-20
TIE ELECTION CASES.

IEE ELECl1VN .CdoGos
The case of the United States vs.. Bates and
others, accused of obstructnga a United States
Supervisor in the discharge Of his duty, and
of stuftng ballot-box, or allowing it to be
stuffed, at Acton precinct, in Richland county,
at the general election in 1880, after consum-
ing the time of the United States Circuit
Court at Charleston for more than week,
was given to the jury last Friday. At S
O'Clock P. NJ, next day they announced that
they had agreed to a verdict, but as the Court
was not in session at that hour, they were
instructed to return sealed verdict OH the
convening of Court at 1925 O'Clock A. M. last
Monday.
When the Court convened, ut 1922 on Mon
day morning and the clerk had called over the
names of the jury charged with the case, and
announced that all were present, he asked {:
"Gentlemen of the jury, have you agreed up
on verdict p
Mr.. Tindall, the foreman of the jury, pulled
document from his pocket and handed it to
the Judge.
Just at this point Mr.. Fountain, one of the
jurors, rose in his seat and said "May it
please your Honor, we have not agreed upon a
verdict. That is not my verdict. l signed
that verdict under a misapprehensiOn, and
since signed it have thought over it, and
find l was misled"
Judge Bond "Oh, we can't hear that sort
of an excuse. You have been discharged, and
that's the end of it,
Mr. Fountain ''I signed the verdict with
out knowing what it meant, and I have told
the foreman that that was not my verdict.
was sick and was misled when signed it. !"
Judge Bond: "You wanted too long to
think over it. You thought over it after you
were discharged. A juror may find out after
wards" ...-.-... ....- -.... ,.
Mr.. Strom, another member of the jury,
here rose and interrupted the Judge by say
ing /" ''May it please your Honor, 1 signed
that verdict in mistake. I was in pain and I
went to the foreman for relief, and he couldn't
| give it to me. 1t was not my conclusion, but
l had to sign it. l don't think had right
to sign it.''
Mr.. Abney: ''Is it not the practice, may it
please the Court, under such circumstances,
to send the case back to the jury %
Judge Bond: mo sir, these gentlemen are
not jurymen in this case. They have been dis
charged" ..
Mr.. Haskell: "Will your Honor hear us on
this point2' p ..o .-....
Judge Bond: "Not now we won't. After
the verdict is published and recorded we can
fix time for hearing the argument on mo-
tion to set aside the verdict.''
The counsel for the defence excepted.
The clerk then read the verdict as follows
THE VERDICT.
We find the defendants, Joseph Bates, John
B. James and John E. Gayden, guilty as to first
count, and not guilty, as to second and third
and all other counts on the information, and
would respectfully recommend them to the
mercy Of the Court. "
JOHN M. TINDALL, Foreman.
The defendants excepted and gave notice of
trial, which the court will decide later in the
term. ..,.... ........ r.s-.
Judge Bond then announced the decision OF
the Court and overruled the motion made by
the defendants on Saturday to quash the array
Of grand jurors on the ground that the panel
had been illegally drawn. District Judge Bry-
an filed a dissenting opinion. The grand jury
was then sworn as follows: . .. s.--
A. C. Schaffer (w); Morgan H. Bryce (w) ;
W. B. Pool (w) ID. Marlborough (w);J Rick
enbacker (w); r. K. Washington (c) H. M.
Stackhouse (w); Nelson Davies 10y; Colin
Byrd (c.); George Vanguard IVY; Frank Car
ter (c); Pratt S. Suber (c); R. NJ. Burris ivy
Blake L. White ivy; J. B. Mushingham (c);
Thos. Agnew ivy; E. Bardieu (w);P. M.
Pepper (w.) J. o. Bampfield icy; j. w.
Smith (w). a. la.....
Judge Bond briefly charged the grand jury
as to their duties. He called to their atten-
tion the words of the oath they had taken, and
continuing said: ''The United States fur
nishes the evidence, and if upon the examina-
tion of these witnesses you think the parties
are guilty, and if you think that if you were
on petit jury and that was all the evidence
you would convict them, then you will present
them. You hear only one side. If you think
otherwise you will not find true bill. 1t
takes twelve of the grand jurors to agreee to
| find q trna hill ,, ........ ....