The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-12-07
DECENER7
STATE CAPITAL CORRESPONDENCE
The Story of a Mule That has Won
Fame and Caused the Courts
Much Trouble and the liti-
qants more Than many
Mules are Worth.
By W. H. McCaw.

BY W. II. McCaw.
Columbia, Dec LIN the opinion
just handed down here in the case of
1.-THE State, eX rel, j. K. Kirven,
plaintiff respondent, against r. j.
Scarborough, respondent, appellant"
there is thrilling account of the
| ligh tning-ljke transfer of possession
of lone brown mare mule Of the
value of $780," This mule should
have name to assist her in carrying
the great amount of legal trouble she
has been through the past twelve
months in the shape of magistrates
orders, mandamus proceedings, con-
tempt orders, warrants for larceny,
supreme court appeals and the like
that is, if she is still in existence, of or
| according to the record there is
strong intimation that she has passed
out of her turbulent career in the
form of thin air. Kirven is the man
from whom Scarborough, a Magis-
trate's constable, seized the mule un-
der an order from Magistrate John
Floyd Of Darlington on an affidavit
from F. T. Odom charging Kirven
with larceny. The case was transfer
red TO another magistrate, who decid-
ed Chat there were no facts On which
to base charge of theft against Kir-
venz and ordered the constable to re-
turn the mule to him. But in the
meantime Scarborough had turned the
mule over to Odem, who passed it on
W. B. Erunson, "the man from whom
he had purchased it, Brunson had
turned it over to N. r. ...Harrel, part
ner Of John K. Kirven in the firm Of
Harrell & Kirven, who told the con :
stable when he came for it that it
had been disposed Of. The curious
upshot of the whole business is that
Kirven is out mule, which the courts
decided was wrongfnlly seized from
him and Odom was given mule which
evidently did not belong to him. The
constable had to resort to & technl-
cality to escape term in Jail for con-
tempt of court, the contempt proceed
iugs against him being dismissed by
| the supreme court because Judge
Watts who ordered him to spend sixty
DAYS in Jail for failing to restore the
mule, which it was physical impos-
sibility to do. signed the contempt or
der outside of the county in which the
case arose, and because "a judge at
chambers has no Jurisdiction to pass
Judgment or sentence for criminal con-
| tempt, except such as may be commit
| ted in the immediate presence of the
conrt.' -
The story of the constable's curious,
and at times apparently serious, trou-
bles with the mule, is best told in the
language of the opinion:
'fUpon failure or refusal Of Scar
borough to obey the order Of Magis-
trate Sanders, Judge Watts at Cham
bers issued an alternative writ OF
mandamus commanding Scarborough b
to deliver the mule as required by or
der of Magistrate Sanders, or show
cause at Cheraw why he did not obey
said order. In his return Scarborough
claimed that it was matter of pbysl-
cal impossibility for him to comply,
inasmuch as the mule having been
| turned over to the prosecutor Odem
under the order of the original magis-
trate it was no longer IL the consta-
ble's control Judge Watts held the
l "a
January issued a peremptory writ OF
mandamus commanding Scarborough
to forthwith deliver the property to
Kirven. From this order Scarborough
appealed on the ground that Judge
Watts had no authority to hear the
matter outside the county in whiel
the respondent lived On the 22d OF
January Judge Watts issued another
order requiring Scarborough to show
cause at Cheraw why he should not
be adjudged in contempt of court. Tc
this the constable made return and ex-
planned how it was impossible for hi N
to obey the writ of mandamus, x
y that he, Scarborough, had made'dili-
gent inquiry as to the whereabouts OF
the property without being able to find
ii. that he intended no disrespect to
the orders of the court and would
willingly comply if possible. A
counter affidavit by Magistrate Floyd
was submitted to the effect that Scar
borough did not apply to him either
before or after the case was heard by
Magistrate Sanders as to what disposi-
tion to make of the mule
Judge Watts then signed an order
giving Scarborough Twelve Gays ~
which to either produce the mule and
turn it over to Kirven or pay fine OF
$3.50 ''to be held by the sad clerk OF
court subject to the further order OF
this court or "be committed to the
common Jail of Darlington county
and there kept in close confinement
without bail for the term of sixty
days.
After reading the opinion repeatedly
until one is bordering on a case OF
blind staggers he is still left wonder
ing what became of the mule,
whether Odom, Bruuson and Rarrell
did not each get S15O worth of mule
for no consideration, and where the
Justice comes in for Kirven from
whom the mule was wrongfully taken
with a vicious affidavit, until in terror
| ne Stnmh)ino into contempt of the SQ-