Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-03-20

He was arrested in the first instance, on war
rant issued by magistrate Of Chesterfield
county properly executed. There was nothing
irregular in the issuing of the original warrant
or in its execution. There was nothing illegal in
either. The magistrate on the evidence present
ed was bound to issue it, and Timmons the
Timmons stepped beyond his duties when he
brought his prisoner beyond the limits of Ches-
terfield county. 1t is said that this was done by
order of the Governor. l do not know that If
he had brought his prisoner beyond the limits
Of Chesterfield his holding him on the way would
have been illegal. 1t is claimed that it was lille
gal because the act was done by order of the
Governor. l dol no not feel it my dutyto pass on
its legality, or illegality but | must say IN
vindicatiOn Of the Governor, that / see moth
ing wrong in what he has done. He has acted
with great care throughout the case, and If
to his mind it was necessary to bring the accus,
ed to Columbia, although there was no special
law authorizing it, cannot say that his action
in this special case was illegal. Suppose that
the Governor had information that conspiracy
existed to attack the Newberry Jail tonight
and rescue the prisoners, would 1t not be ms
duty to take steps to frustrate IT 6y the te re-
means? The powers of the Governor are lett
vague by the Constitution. He is the highest
peace officer of the Stale and is bound by his
oath and the best interests Of South Carolina
to see that the laws are enforced. If the life of
the accused should be threatened under pop
ular clamor and irritation by mob it would be
no tinle for him to inquire as to the law, but to
act at once to prevent lawlessness. SO II ne
found Jail insecure, in the exercise of his high
power, and not for oppression, be could order
prisoner taken elsewhere, for the best interest
of the State If he errs, he errs on the safe side,
for the good order, the peace Of the country.
What is my duty in this case? What is the
duty of magistrate or trial justice in similar
cases TO secure arrest. If the arrest IN Ches-
tertield was void ,!,c endorsement by Trial JUS
tice Tickling, of this county, on the warrant
males it legal. Justice Ficklings endorsement
makes it his warrant. am bound to hold that
the accused is in legal custody and cannot be dis
charged on the ground of illegal arrest or deten-
ton. He is held foran offence which all agreei is
punishable.
The only question really involved is the amount
of BAIL But it is argued OH the part OF the State
that ! may go back behind the commitment, and
hold him under a charge not expressed III the
warrant as accessory before the fact. Counsel for
the State present singularly strong expressions
from judges of other States to justify this action
do not know how far my rights 60. My powers
are prescribed by the Constitution. How far |
may be committing magistrate am not called
on to determine. The Constitution says that no
citizen shall be deprived of liberty unless upon
oath and affidavit. Whether or not if an aftida-
Wit were issued before me I could hold tho ac-
cused do not know. The Constitution says
that all Judges are conservators OF the peace. II
/ had the power the question would be as TO the
amount Of proof necessary to convict. Ihere
was PROOF eHOuSu plODdDls VI tllo -.
an accessory before the fact to have authorized
an arresting magistrate to issue warrant, but
do not feel authorized to do so.
After consideration of all the facts decide to
pass an order allowing the accused bail to appear
at Chesterfield Courthouse at the next term OF
court to answer the charges against him. Ihe
amount Of bail I would like to hear suggestions
on.
Mr.. Pope suggested five hundred dollars.
Solicitor Newton said that as the bond was
peace bond as we'll as bail bond he trusted ii
would be made sufficient to give the protection
the State was entitled to.
The Chief Justice said that the only provision
was that the bail should not be excessive. What
might be excessive to one man might not be to
| another.
The Attorney General said that he had in his
| mind bond in zen times the sum suggested.
The Chief Justice said that he would require
a bond for twenty-five hundred dollars with
| from one to five securities. He thought the ac-
cused would be able to furnish this. The bond
was drawn up and the Court adjourned at
o'clock, having been in session six hours.
The bond was signed by +. B. c. Cash, W. ).
DeBruhl and John Agnew.