The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-02-22
THE PRELIMINARY INVESTIGATION.
Testimony OF the Witnesses...Acffon
OF Judge Calvert.


Halfpast one o'clock, Tuesday, February
Of the case case OF Of the io State against Charles
NcClung, charged with larceny of 1.-Two stock.
There was q full hours delay II; getting
ready for the, commencement OF tho triai,
which was to be conducted by Trlal Justice
Calvert In the office OF Trial Justice Wardlaw
at Abbevillo Court House.
The Office was we'll filled with curious peo'
Pile who were anxious to hear the testimony
Judge Wardlaw was requested to take notes
of tho testimony for the Court. while Judge
Calvert conducted tho case and propounuea
Stenographer G. B. Lythgoe was present Mt
the reporters desk 10 take notes for the I7css
and Banner.
from the spectators the most strict observance
Of the rules of decorum, while Judge Calvert
presided with dignity, evincipg familiarity
with the practices and rules ~ examining exam, nm
not willing to be treated with contempt, we
might mention that when Mr.. Farr's time
came to be sworn. he reached out his hand for
the book which Constable Allen held, and
proposed to be sworn, and to give testimony
sitting down-as he was tired. Judge calvert
ordered him TO stand up before admitting MIN
to be sworn, and when at near the close OF ms
testimony he put on his hat Constable Allen
instantly ordered him to removelt:
Tho prisoner was brought from the jail un-
der guard OF Constables Allen and D. g; Cal.
a. n. DuPre Trial Justice Calvert asked him
if he WAS ready to proceed.
Captain ,McClung asked that counsel be
sent fol. Colonel Gary was named. ana ne
be reported that Colonel Gary had declined to
accede to the request. Then Captain McClung
asked that Mr.. Benet be sent for. He was IN.
formed that Mr.. Benet was not In town. but
when Captain McClung said:
'There is q mistake about this thing IN this
way. Mr.. Gary was to come here and state
my case and waive preliminary sTiai o1d S5d
away with 1t, until Court. My understandingg e
was with you, addressing the Court that II
would be waived until that day. MI, MI Gafy Gar
the first Of June. have sent for no Witness
eR and haveidone nothing at all"
The Court. Under this indictment. Mr..
McClung, you have no right TO put up VIII,
ness. The State Is now to make out only
Captain McOlung. understood this. l ad.
mitted that the mule was in my possession.
Now. the question is, to prove where l got 1t.
don't see any use In bringing me here, except
to commit me again. don't propose to say
anything at all until prove what want TO.
The Court. will read the indictment:
THE STATE OF SOUTH CAROLINA.
ABBEvILLE COUNTY.
By A. F. Calvert, Trial Justice in and for the
State and county.
TO the Sheriff or any lawful constable:
Whereas, complaint under oath having
been made unto me by Thos. 8. Anderson
that at Abbevile, in the County and State
aforesaid, on the 9Th day OF February A. D.
1888, one Charles A. McClung, did take, steal
and carry away out OF the possession or w;
Pete, Of the value OF one hundred and twenty.
FIVE dollars. These are therefore to command
yon forthwith TO apprehend the said Charles
dealt with according TO law. Given under my
hand and seal this 18th day OF Feb A. ID. lHo6.
a. F. CALVERT, [L.S.l
Trial Justice A. G.
THE STATE OF SOUTH CAROLINA,
ABBEvILLE COUNTY.
Personally appeared before me. A. F: Cal
vert, q Trial Justice Of said State, Thos S: An
derson. who being duly sworn, says: That
| rom Information received he believes that on
the 9th day OF Feb. A: d. 1885, one Charles A;
lMcClung did take, steal and carry away out OF
the possession OF w. P. Anderson, one sorrel
horse mule (Petel OF the value OF one hundred
the General Assembly made and provided
and ofthe peace and dignity Of the State SfSre'
said. T. s. ANDERSON.
Sworn to before me 18th Feb. 1883.
A. F. CALVERT, T. j. A. G.
Continuing, the said: Upon that indict-
ment issued tho warrant for your arrest.
When we proceed further, / will tell you
more.
T. s. ANDERSON: sworn;
| right to ask any question, all,
Turning to tho witness the Court saiu
Where do you live, Mr.. Anderson? Answer
Abbcyile County.
@. Now, sir, state this case as nearly as you
| can T How came you 10 swear q Warrant
against Captain McClung? A. We'll, SIR. !
| drew q warrant on the Information that had
received, that Mr.. McClung was in possession
| OF the mule aud had traded H. off, went 70
Anderson Court House, where heard tnat
Mr.. McClung had traded 1t off, and gave des'
cription of the mule that / had lost, ana IL
filled the description OF mule that Captain
McClung had eold In that town. it was sent
for mt HartwelI, Georgia. and tho mule was
brought back to Anderson, and Identified II.
Court. Just tell what you know ol your
own knowledge.
O.. Is that ali that you know of your own
knowledge about the muller a. Yes, SIR; l
only know that was along when he was or
rested IN reference to this mule.
@. Was there any force or violence useu IN
making the arrest? A. O., no: none az an.
Well, sir when we went Into Dir. McCiuns 8
house, that is his mother-in.law, Mrs. Miller 9
house, we went into the parlor: He asked
what the mule was worth. We told him sl2o.
He asked II sl25 and all the costs would conf
promise it. We told him II was out of our
power to compromise 1t. He thought IL wns
Mr. Calvert's Inule-that Is what he said. ne
said that he was under the impression that IL
was Mr.. Calvert's mule. We him told 1t was not
Mr., u, G.. Calvert's mule.
q. He wanted TO compromise 1t when