Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1919-10-03


or agree to bring in their verdict, wht
have not the law produced by which
they should measure the, truth of thi'
indictment and the guilt or contrary
Of my fact?
The court-You are saucy fellow
speak to the indictment. The question
is whether you are guilty of this in
dictment?
Penn-The question is not whether
am guilty of this indictment, but
whether the indictment is legal.
The court-Youl are an impertinent
fellow. Will you teach the court what
4 the law is? 1t is lex non scripta, that
Z which many have studied 80 or AZ
years to know, and would you have
me tell you in moment?
Penn-Ccrtainly IL the common law
be so hard understood, it's far from
being very common.
The court-Sir, you are troublesome
fellow, and ff is not for the honor of
the court to suffer you to go on.
i Penn-I have asked but one question
and you have not answered me, though
the rights and privileges Of every Eng
llishman be concerned in it.
The court-If / should suffer you to
ask questions till tomorrow morning,
you would never be the wiser. Take
him away. My lord (to the lord may
orr. IL you take not some source with
this pestilent fellow to stop his mouth
we shall not be able to do anything to-
night 80
The mayor-Take him away, take
him away, turn him into the Bale
dock
So Penn was ,"rudely hailed into the
Baledock," the trial was proceeded
with in his absence and the jury
charged. On his being brought back
into court Penn again protested:
Penn-I appeal to the jury. who are
my judges, whether the proceedings OF
tho court are not most arbitrary and
void of all law in Offering to give the
Jury their charge in the absence of the
prisoners.
The court-Why, yc are present ye
hear, do yc' not?
f. PennZNo thanks to the court that
commanded me into the Baledock; and
! you the jury take notice, that l have
not been heard, neither can you legally
dc part the court before 1 have been
fully heard, having at least ten or IL
points to offer In order to invalid their
indictment, s.
The court Pull that fclloY down,
lpulI linn downs. ;s,-slt s s.s !
lst The aonstabies pulled him down"
and the jury then commanded to retire
and agree upon their verdict, the pris-
oners remaining in the sinking hole
After an hour and a yhalf's time, eight
of the jurymen came down, four re-
naming above" The court sent an
officer after them and they were
brought in. The court singled out Nj.
Bushcl as the "jury hanger" and said.
The court-You are the cause Of this
disturbance and manifcstly show your
self an abettor of faction; shall set
a mark on you, sir"
| Alderman Robinson-Mr. Bushel, l
have known you near this II years;
you have thrust yourself upon this
Jury, because you think there is some
service for you. I tell you, you de-
serve to be indicted more than any
man that hath been brought to the bar
this day.
Then, says the record, the members
| bf the court FUSED much menacing
language and behaved themselves very
imper:ously before the jury, as per-
sons not more void of justice than edu-
cation" The jury was sent back to
consider their verdict. In few min
utes they returned with a verdict
Guilty of speaking in Grace Church
Street"
The court--Is that all?
Foreman-That is all have in COM
mission.
TIL court-You had as good say moth
ling.
Again the jury was sent back after
/. the court had "vilificd them in most
opprolrious language" They returned
written verdict to the same effect,
signed by oil the jurymen. This both
the mayor and the recorder resented at
SC high a rate that they exceeded the
bounds of reason and civility."
Tho court-Gentlemen YOU shall not
be dismissed till we have verdict
that the court will accept, and you
shall be locked up without meat, drink,
fire or tobacco: you shall not think
thus to abuse the court; we shall have
a verdict, by the help of God, or you
shall starve for it.
Pcnn-My jury, who arc my judges
ought not to be thus mcnaced; their
verdict should be free and not COM
pelled: the bench ought to wait upon
them, but not forestall them. ! do de-
sire that justice may be done and that
the arbitrary resolves Of the bench
may not be made the measure of my
jury's verdict.
The court-Stop that prating fell
lows mouth, or put him out Of court
"Not Guilty"
And therecpon the jury took the bul