The news and herald. (Winnsboro, S.C.) 1877-1900, 1883-12-04

lGngCu inc WnOlC array or pCtlt jurors,
on tho ground that they had not been
summoned from the district in which
tho offences arc alleged to have been
committed. Judge Bond announced
that fic had previously passed upon
this question.
The defence next intcrposcd a gen
cral demurrer to the indictment on
several grounds, the chief being that !
those provisions Of the United States /
Statutes under which these prosccu- !;
tons arc had, arc unconstitutional. I
The demurrer was Oycrrulcd.
Court then adjourned till Saturday !;
morning.
On Saturday morning the drawing
Of the jury to try the case against
Mitchell, the colorcd Democrat from
| Charleston, was drawn. The first
| Juror drawn was Charles Grassland, Of
Marlboro, Democrat. "Stand aside"
said Mr.. Melton; and Mr.. Bryan said,
"Wc object TO the exercise Of this right
us to the jury in this case, and at this
time; and we ask the formal ruling Of
the Court" Judge Bond gave per-
mission for Colonel Haskell and Col
oncl Youmans to speak each ono hour
on this question.
The question was then fully argued
by Col. Jno. G.. Haskell and Colonel
Youmans for the defence, and by Mr..
Melton for the government. The clos
ing argument was made by Colonel
Youmans, and il is said to have been
one of the most mastery efforts Of his
life.
Judge Bond then dclivcroL Il writ
ten opinion (sccmingly prepared in
advance Of the argument) which was
merely TO the effect that Inc would con-
slider about making rule later in the
term TO apply to tho succeeding term.
The case must 20 Oh under the present
rule allowing Tic practice.
Judge Bryan disscntcd strongly in
about the same words as he previously
used; saying further that he regarded
il utterly pcrclnptory and binding
upon him uudcr the decisions Of the
= Chief Justice and Of Mr.. Justice Bond
in former cases, to sec that no citizen
:. should now be tried in this State
, under jury subject to the right OF
"stnnding usitlc". This dissent makes
e it certain that the defendant cannot bt
e imprisoned, even if found guilty, I'M
!. ill the United States Supreme Cour
4 shall decide the question of "standins
c ,lSidc".
$ The drawing Of names was the,
u ltE1hIiElltcN. WI. ClCCI Sui W MI
: Melton and actively aided him in sug
gcsting whom he should stand aside
Il rs the names were called.
G The government did not challenge
/. any jurors, but every ono not to Mr.
S Mclton'S liking was told to "stan'
If asidc". The defence pcremptoril.
n challenged the following: g. &. Turn
|, cr, Spartanburg; j. W. Rector, Green
Z vile; W. W. Russell, Anderson. Th
g jury, as finally made up, consisted O
a the tollowing-namcd persons, all re
d publcans or Grccnbackcrs: T.. l.
II Arthur, Orangcburg; Joscpa Bush
|, colorcd, Georgetown; Fuller Prickctt
y Orangcburg; j. II. Johnson, Clarcn
don; Cullen Lark, Laurcms; Il. II
st l}olgcr, Charleston; j. G. Long, Union
i. d. &. Wolfe, Lancaster; lIczckia
&c Ellis, KcrShaw; Jeremiah Loopcr
j., pickcns; Middleton Roy, Splrtanburg
i'll John Agmcw, ST., Columbia. NJ,
i Agncw was appointed foreman, ant
st after being instructed by Judge Bon
ld not TO allow anyone TO approach thcl
O. about the case pending, the jury VIC,
Of discharged till Monday morning, d.
II rrrnbrr ;