The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-04-13

wees, however, Will PROBABLY be held
at the Virginia home Of his son. The
interment will be at Arlington. Con-
federate veterans will act as pail
bearers.
Thomas Jefferson Mackey was born
in Charleston on the 23rd day Of
April, 1880, and was in some respects
one of the most interesting characters
who ever lived in this State. In every
county of South Carolina good
stories are still told over and over
again of his saysings or doings il the
days when he was one Of the Cir
cult Judges, some twenty-five years
ago.
Judge Mackey, as a boy, first at
tended the Citadel Academy, in this
city, and was afterwards graduated
from the Harvard University law
school. He took part in the war with
Mexico, and at the battle of Chapul-
tepec received a wound from which
he never fully recovered. For gal
lantry during this conflict he was
awarded medals by the Legislature
Of the State Of South Carolina and by
the City Of Charleston. He Joined
the command Of William Walker, the
American adventurer, who in 1855
and 1856 seized the Government Of
Nicaragua, but whose plans failed be-
cause the United States Government
refused to recognize him, and he was
one Of Walkers captains in that un-
dertaking.
In the War between the States
Judge Macke- served throughout the
conflict unde; Gen. Sterling Price, Of
the Confederate army, and was chief
of engineers of the district Of Arkan-
,sas. Whatever other charges were
brought against him, he was never
accused Of lacking bravery.
After the war Judge Mackey, de-
spite the fact that he had been lde':-
titled with the fortunes Of the Con-
federacy throughout that struggle,
went in with the carpetbag crowd. Tie
was elected Judge Of the 9Th Judicial
district of South Carolina, and served
three terms in that capacity. He was
a man of uncommon ability, in man
ner sententious and ponderous, yet
epigramaatic also, and many Of his
witty remarks still survive. He it was
who said of Wright, the negro Judge
on the Supreme Bench at that time,
that "Wright is like necessity, be-
cause he knows no law" His IN
genius mind could always devise some
means for acquitting the prisoners
whom he wished to acquit and Of con-
vieting those whom he wished to
convict, or for settling civil causes
as he might desire. One Of the So
hcitors of that time has told this
writer of the manner in which Judge
Mackey turned loose one after an
another of batch Of negroes who
were clearly guilty, but whom Mac
KEY did not want to convict. lie IN
structed the jury to acqult the tlrSt,
because the solicitor had failed to
prove that the gun was loaded. The
solicitor in the next case proved that
the gun was loaded, but Judge Mac
key got around that by telling the
jury that they must acquit since 1t
had not been shown that the powder
was put into the gun before the bull
let. In the next case he charged
that as it had not been proved that
the gun-muzzle leaders were then
used-had been properly primed, an
acquittal must follow, and so on.
Elsewhere is printed an interesting
story Of one of his charges, which
admirably illustrates this trait.
When the revolution Of 1876 took
nloca in South Carolina, judge Mac