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The Fairfield herald. (Winnsboro, S.C.) 1849-1876, March 22, 1876, Image 2

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026923/1876-03-22/ed-1/seq-2/

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WI~tln day alorntg. Ritrch ' 16, i8?7.
Moved to Tears.
Speaking of the trial of Judge
Montgomery Moses, the Nws and
Courier says . "Chif Justice
Moses was oil the stalid, acid %tipt
thoro bitterly. Likewii he wept
when he tvai elected judge by the
democrati legislature in 1866."
We never had an idea that the
Chief Justied was io tender-hearted.
his "only begotten son" (*e tise his
-own words) was indicted for larceny
and is hold in contempt by every
decent man in the country, thd yet
we have ne' r heard that the sir;
wopt for the iisdeeds of tho
offspring. ITt thon, yori know,
the "only begotten' never wan im
Very Bad Indood.
The Wostbril newspapers arm es
piocially outspoken off the subjont of
Blabouck's acquittal. They sal it
was to a groat exdnt fixed up fit
Washington, and that Judge Dillon,
the circuit judge before whom thy,
ease was tried, virtually inAtrneted
the jury to acquit. -Muich 66nnent
has also been elicited by the notion
of Attorney General Pierrouoit
in inst'ructing tho several dinbriet
attorneys that a man's turnin'g.s tuto's
evidenco should not pr~otect liin
from prosecubioi. '.1iri ill sali(d to
have had the effect of weakoning the
government's- evidenco in the whis.
key casos, and Mr. Pierrephn t, has
como( in for a fall sharo of abnse
The St. Louis 'l'imes says that the
secret service force was for sons
time trying to Alhu out. how tho at,
torney general's letter was made
Puimblic, itnctlth it hat been dis
dovered thauit Bb)0ock, having nccess
to the pre-ident's private papeors,
had fouhd the lettor,- made at copy of
it, and furn ished his couns(l with a
transcript. The foolin. of disgust
at this proceeding is' said' to h)
almost equal to that over' .3lkmp's
disgraceftd trnnsactions.
Ju'dge Montgomery Moses.
'.ito ipnpcuhmenit trial of Judge
MNon tg(iomery' Mloses, of tihe sevenIth
judicial circuiit, haus art last assumeid
a~ form from wich we may draw ai
conclusion b~asedl uponi the un
contradlicteod testimony of witnesses.
Thre charges preferred a anst 11im
are roducible to- two-neglect of
oflicil <hitly, ande c'Lrr'upt prac(t.ie(e
on the bench.- Thle first wa~s shown
by the evidloneAO of miiebor of thei
har aiinothers, who tostitied that.
tivhi tho several d1ockets were
c'nistantly full, there wahs sedreely
a single satisfactory 8ession of
court dluring Judge Moses' admain -
istratioan. Of 'ouirse, this~ gi-'s
neglect must hAve had1( a bad eilt'et
have oc'casioned nmhIh perIsonal inl
Ceunvenlience and1( perhaplls suiftheing.
W hat te Jdgems. defenl(ce to this
cha rgeomght' havo Ik~en wo are ad
'bloss~ to kno'?w, andri wet are eq~uially
at a 1oss to conce'iveI wh'at excuse
he could hav*e presenQ~t.ali. So much
for theu c'harga ~of n'Oglet, of oOiciarl
duty. T1he other' i.s far niore
serious, anmd if' truo far miore
dIAmnlinlg. Many' wUitnesP,- county
oflicials, ( estikd bezfore' the court of
imrpeaclunaonu that Judtoge Moses
more tan On(o re'quested of I he!1n
loanis of muonoy. S. T.1. Poinier,
enunty t reasurer of Spar tanburg,
testitied that Judge Moses hadl
asked him, in 1875, for a loan ol
$250 that lhe refused on th(
gronund that he hia only $750 01i
o.fi ial fuhds, an did u-ot rogard
that sum'sumAllnt for L(Ao expensoE
of tile cott -then in Bessio ; thai
the Judgio inWistod, sayinig that ii
would be amplo ; that ho fina.1
raiaed $250) and leni, it: as desi rait
Johnt (I. Cairrinigtoni, -shmerA' o
Newborry cotunty, testitied thai
Jud(ge~ M~oses fretpiently horrrron
mioney from himii. Oni (one ttcaisior
the Judgo told1 himi tha', lhe' musi18
hav'e money, andb on the nri~esr
insisting that ho( luid -n none, his
Honor replied that ho' knuew th<
sherifi mu~ist havo solae, froun
decrees he himself had just maiide
Upon Carringtlon's saying t hat theat
woroO oflicial funds andb 'onid nol
be touched, the Judge- said thri
the money was subjet to tiho ordem
of the court and tihe -cour't wantor
it, andl that lhe would phs no ordlora
for the shierjifto pY ayiit the- nronae
in question until the court had pait
it back. Just at this timo am
attorney proposed an order, b~
onmsent of partier directing thu
diislhareerec of 1 .. ci. i
tion, but the Judge refused to sign
the order, and at once adjourned
the court. He afterwards said to
Sheriff Carrington : "I hav? refri ed
the order. Now lot mo have the
money." The money was bit. 16d
had on two other occasioins lint
the Judge motuty in a shmilar way
and his Honor had always pteted
him. When le da "ralod" abuut
the anonog h &udtion hb atiswered,
"The money is subject to the order
of court; and the court has the
money." He had nover heard' any
thing further of the rule. Johm W,
Rico, clerk of court for Laurens
county, stated that the Jud o ap
plied to him for a loan of money,
'>nit he refnsed bn the gronm that1
all the naihy in him hani.s was of
his official deposit. The Judge
then insisted on having a certain
sum, saying that he would pro
teet the clerk by passhig io orders
for the disbursoment of the funds
till the borrowed sum should he
i'oturncd, This witnoss also statod
that in a certain transaction the
idge bArowed $200, but witness
helhimjz acconu'tab~lo for but *175.1
Ho went on to say that the J udgo
having statel that thero were some
overcharges in the his nicunt as
clerk, lie "gane the .Jdje the $25 to
lrt the matter stan l" Jesse C.
Smith, treasuror of Newberry, made
a similar statonient about the
JTudge's request for a luau, accotm
panied with the asirarnen that no
order should he passed fr the pay
ing ont, of the funds till tho debt
was paid. Other witnossos testi
lied to similar transactions. Upon
the elone of the evidenco on the pltlrt
of the managers the accused asked
time to preparo his defence, and
upon the refusal of that request, his
counsel retired--as will be notic'ed
in our synopsis of legislative pro.
coedings. This leaves the snato to
act upon the evidenco as preselte.l
by the managers otly.
It is very unfortunate that a trial
of so much gravity should bo per
mitted to go by default on the part
of the defeneo. Judgo Moses will
of course maintain that he has not
had a fair trial, -and that he could
have proven his innocence. This is
the view taken by his counsel .when
they witllrew from the court,. But
shell a iplea, however strong fron it
teclical standpoint. will not avail
Judgl Moses before the bar of pub
lie opinion. The statements of the
several witnesses, roimlmningr unconu -
tradicted, nmust Ie taken as conclu
siv'e evidenceof his guilty piarticipa
tion in thet acts describoud. We can
not believe that 1 numuber of men
wtuld combine to injure the Judge,
would combine to make false state
monts, similar in their general scope.
and would coniiunit wiilful perury.
Yet we musttt, beClieve all this to hold
Judge Moses innioconit. TIho chai
ges aire too) sp)eiie, too miante in
their dletails, *+wo consistent in their
parts, for us -to supposo that, the
atccused hats been the v'ictim of a
conispirac(y. Trhey all have thle im
press of truth. The courso of
Judge Moses mnust auso a blush oni
the check of overy' honest mian who
aided by his vote to elevate him to
the bench. How ho coml have
imipressed any sensibldo man tau pos-.
sessting the nece.ssalry quineai icltons01,
we' ar1e t a1 loss to iceoi vo. ButI lie
wtas eleeted berfans o hpofossed to
ho0 a1 republth~ican. P'olit ical (on
&idertions tand pl)Oiticald intluences
had a chief part in imamking Mont
gomtery MUoses judlge. Tht he0 has
turined out no wvorse than the im
peacthmtI~t tiail shoews him to I be,
must, he matt ributted to good foratne
andl not to atny pwrer dliscimintion
shown by the legislature in raising
him to thte bench. i s fall sh ouhd
be a lesson to all future legislatures,
serving to show thema that integrity
and talent aro indispenstable in a
dispensor. of juticet, andi that where
these arc waniting in an aspiranmt of
one( plolitical creetd, t hey s.hould he
sought in tho individwihs of aniother.
A ponlitical judgo is a dlaugorouis
Th eult of tho election in New
Htuapshire was looked for with con.
sidlerabile intetrest.. it was thet fi rst
issuec of thle graind struggle of 1 87;,
anld upon01 it a great deal wats thought
to dlepenid.'.'ooneti th
state has for somne years been a veryv
ckaso one1. In 1iss the sttaf e ce
t ion resuilted in a mlajor1ity for the
rdpliicans of 2,523, a1nd the presi.
dentinal one of .%7. The1 demo11
ori a a luranlity of 807 in '1871,
and a m~ajority ofj1 ,465 in 18~74. In
187r), the reimbdlican1s lad a phttralit y
of 17J. In all the othr elections
Ssiitco'18M7, s9een in nmhiher, the re
publicans carrVied the state by ma12
jririties vatrying frouif226 to 6,9c27.
ho -th avairage .najority bleing 2.8~42.
Tefl'ofliblicat aijority ,.t the elece
tion hld a f&t' daya ag6 'cms abi~it
1,b800 . .heing lossq thawi the av'er
age irajority in thto plreceding
l yvam in which the pat
victorious. Of courso the republi
c:ns all over the Union are jig
bilant, and are especially w. as ita:
was expected by sone that the Bel
kiap scandal would turn a close
election into a democratic triumph. 1
As tor the effect of that mat
Ltr on the pooplo in New
Hampshire, we must mlpposo t
that they were either indifferent
to its real charactor, or they fought
the election on non-national and to
some 4xtont non political ins. It
.the first x) true, their course is only
.a further proof of the general cor
ruption of the republican party, and
if the latter, they Lave won no great
trinampli aftor all. There are man c
thiingH t1 o be ccoinlish'o1d by the
republican party, before the Novem
ber election, t,-) enable themuii to Carry
the country at that time. The demo-!
crats have no reason for desponden
cy over the resilt in Now Hlamp
- 1*1
Ju.fo Mackoy's Vindication.
In the house of representativs,
when the rosolution looking to an
investigation of the olijeial cond'U1t
of Judge Mackey was offered, Mr.
Crittondon made a long and forcible
speec(h in opposition to the move
mont inaugurated--by Yocumn, the
sheriff of Chester, it is supposed3-.
against Judge Mackey. He stated
it to be his honest Conviction that
the moveuent against the Judge was
prompfud 1)'y the worst of motives,
and that to lecoirage it would be
to leMd aid to a defeat of justice.
He gfnoted from soveral prominent.
gentlemen in the sixth judicial
circuit, to Show that the it'npeach
mient, of Judge Mackey would am
colplish no good whatever. h'le'
vote was taken 11)o11 at motion tot
lay the reso~lution of investigatio~n !
upon the table-, and that k m ot was
carriedl by aL deciided iomj ority
all the conservativen excelt 01ne1
voting ilk the atlirmiative. Jtudge
Mackey has1: icteived l mnlly con
pliment's since his selection to the'
bencih, but, thme highest enewoiiin
with w1hich he has yet been honored
is found ill this action of the conser
vative meltlbers of the hou1.e. We t
take for granted that tleks.e who
thuns Look the side of thke Jud~ge i
the very serious charges brought.]
against lill, pilrsuied that coIse
ad/visedly, witit a fuil knowledge of
the fwt.si of the ca'se auel with ak fill]
realization of its great ilportance.
Viewinlg their action thun-, we are
IlOro than cvmr con11vinicou th at, at
1(east tile malljor pau- of the accusa.
tionis ma:de agakinkst the Judge were
balsed upon)1 weak groun11ds, and
were nlot such as cou1ld haive been1
proVf venwt~h sutflict ertainty to
j ustify a4 conitiont inl aI courit of
1l)impechment11. Snkekh being the Icase8
it is as5 well tih'it his case( wasl so0
sp)eedily dlisposed( of by~ tile hous1e.
0 :or, as5 r'Ce(eding ilk any1 degrec; fro a
11h0 position4 we halve taken~f withI
regard to 1.1he. -ludge'skti i n~
L.ancalste3r for their failure to thul
a1 true h-ill in a~ certalin case. Fr-om
jct, it seems possible1 thait thue grnd(
jur y commit ted anuu error of judg
of1 the righlt of ai jiuge torerian
and1( dischar-ge ai grandl jury for a4
failhIre to1 fin d a true 1hil1 in a cas
pres0ilm (ed for tir-4 invigain
'.I'hat (quesi on we' woulld like to see
form. Th le sononer thle relatIive
judigies andi gr-mia 4 jaies are
linally' Osbilished' thle better for. the
enlforcemient. of law~% 101d the full1
pUrtcion of theo life, libierty andil
property of the' citizen. lua
Judge Alac1key's chieffals s
aL j4udlge are two-his fondness08 for
polities andio hlis occasIiinal
irritaibility. The nest (does not
enter into hlis diMcharge of hlis
judicial dlut~ies, bu~it it has thefcfect. '
of caulsing peCop)le to look 11pon1
him Imore as a) politician thn .n a]
judge. Th'ius should nuot be0. Oif
a1 jukdge s1(ht Ji hve' no( pl)itical
views and pol iticall prefieees of
is own1, but11 tihese'i shol 1be kept
(couenled4 from1. publie1 ICView. Thle
loss a j tlial )ticer ha4 'lo o withi
po 4hticl-parties and14 pol'i tical con.1
flcts. 11he be(tter for his (llhiil
\ickeyV 1. 11ipatienlce and14 ocasionlll
sev*iity towardsl partie s t hrown inl
contant. with h11 i'n111 da1te court house,
are0 due1 to4 two (1au1< P, 11he one4 ireeas
ing thle forwee of tile ofthnr -a naltural
qfiilensa of action and1( infar
(1nce, somlet.ime runnogk iiV3 into14 imi
pien iice, andl~ ls!essi ve work inl the
'ourt-ho141se. TheA<~ ennses8( can be
daily sessionfl5 of c4ourt, - and thuis
affording opportunity for that.
relaxrkfion avhich is really" essential
al ike to the0 persona1l com1)fort atud
the fnl1 efliien of b oth juge 111
awyors. It cannot be denied tha
udge Mackoy's practico of holdin
tight scssiosi has done muc
owardsl relieving the courts of lout
cctnulated business, but now tha
he dockots aro not so soriousl
micnmbored, it would be as well t
idhero stridtly to tho old plan
Jaily sessions of from six to eigh
lottrs encalh Slneh an arrtngemcn
vould really, in many cases, bo :
)ositiVe furtheraco of justieo
Vitnesoe and intors who are kepi
n the courturoon daily from ten ii
,he morning till twelve at night
vith only a, short intermission fm
neals, cannot do that justico to a
as1oon trial which can be 10reiveC
rlo11 mnh who enjoy all necessar;
est and relaxatioi1 Judg
(lackey's industry and <eid'urane,
mf the bench have been a subjec
>f general remark, and he deserve:
reat credit for thum ; but we ar<
ouvined that a istun to the oh
>lan would be better for all par
A CentennialOfficial.
ijor Lewis Merrill lts been ias
igied to duty 'i.der the Centenni
,1 Commission. Major Merrill i
iot unknown to the people of Soutl
Carolina. Ho was post command.
,nt at Yorkville in 18i1, and wai
he chief agent of the governiciai
n the ku-k1ux prosecutions. H'
:opt entirely concealed for somt
ime his real feelings and intention
,id the good people of the towi
ad really persuaded ih.omselve,
hat he was a gou tlemian, when hi
haractor wait snddeuly shown np
t its truo i, ght. To say that
Iajo'r MIorrill disgraced the n'iiite
tates uniform fin lis actions it1
'orkvillo is to express most mildl'
he character of his courso at thal
glace. The writer of this artile
Sprepae'ud to provo. by unim
>oacli lu testiimoniy, more than oi e
ase in which his course wais briital
owardly and tyramtuical. ie wauv
lie prosentor in aln.ost every rast
ried by Judge Iiond, ;mid in al
itst on of ths ho e h u in st hav<
'1en most strangely' ignorant, ('2
,ots not to have knowi
liht the nWu'11c'l was in
ocent. W1"o allude t..' t he cast of
)r. ]1 T. vvey, who was c;yivicted
y a iivy-pialpatbly andii notomriously
acked--of anl outrtagec up1on i
egro lrche('bir ill York comity.
'he defendait established as eleam
L1 (1di/, ns Was ev el' shiowin in 11
oiuit hiouis. Bu~t of c'ourso5 thti
ury 'onlvicted. Dr. Avery, seein'4
lie lhpele5ssness of a1 justX verdict.
hod during thie progress otf thL
rial. Heo was aift er warid pardon
d, it being clegrly shown that hr
nals innhocen)t. We believe tli
Eajor Merrilil kniew lie was1 no(t
uilty-ini factlif weoare not mb.L
iken, it was stated to htim biefore Dr.
Ley' ar.V ra ignment that he wam
u the wrong t rack. But t h<
(efendan t was a respetalo gin tie
11n1 < f York 'oluntyV and1. it was5 it:
or'tant to timake anl exaple (f snel~
me r. Aini, besides, . thle een it
i011 Was worth just two lmadirel
b ilaors to the astute( an14 t ar-s eingJ
1fajor1. WEI mnighit ment1Iion 1imnii
ther acts o f Maijor' Milli'h t hal
houlnd brwing on himi the contermpl
ho, lbut we forbear11. His orowninf
lisgrevwe of the uniform of ouir airnn
ias his re4ce iving fromi the legisla
lllrx fr th le arre.st of pe'rsomn
ha4rgedI w ithI ku kiru offences'. Hb I
obbyling sucmes to procurer thil
1um1, and his ready' necfptance o]
1., $1how1. plainly wha~t wvas the causll
i thie zeal he ld'lisplayed as pocis
lie ku khix were such as n
'enWsonable man will attempt t'
>xcuse. But as they were outragel
e(tainst law and order, so) wOe
Jerriil'sdoings offencees agains
Iecencmy, truth and justiec. Hil
oursee in Louisiana was even mior
onls(picu~onsf for cowvardieco, (lupllicit;
md1( tyranni1'y than in this sta1te, amu
mc was very pr'operly rebukred b;
loinrpl- Emoy h eate
omnuu I e i 'rder.l111
11he app~joinitmlent of? s4uch a un
o a leading positioni at thew nationa
'xpositieso is ani inlsult to hios,
lOW initedhio, for' the~ 8;ako of peneo'
mdt fra4terizationi., lo I ake aL palt i
Ihe Centeniajl. Hadl thle whtoh
rmyi~ lborn searched fo r onle n114r1
listasteful t.o thjo Soit herin 'e.1ph
lere conhul niot Ihave been f'omo
.heneral P' HI. Shei~ri, th. hnuni
iho wasil ''no t a1 frid"l when.bake
>y thie whole p'~oo of tihe I1i natin
overnmen1i(ltt, lhe m al igned and14 inl
ulled the oIppressed'( .people 0
3hjr Merrill wvt a proin i ted a fey
veeks ago, by the thitn Seerelar;
somuethjing very appiroprint he ahm(t
his. .Jnkt at tho' timo .wheni ti
rallan t.t ~a ior wa 1l~iiQ t,,:..i
t the most corrupt legislatlro over
assembled in So:utlh C rolina a bill
to pay him for his services in
capturing alleged ku-klux, tho
L socrotary was receiving from Mrs
( Marsh annual payments for a pos(t.
tradership purchased at the sagges.
tion of Mrs. Belknap. It is quito
L natural that a man who wo'uld thus
t degrado one of the highest posi
t tions in the government for selfish
. ends :should confer an honor upon
oneo who hadu played detective for
twenty tholOsand dollars anl his
usiail l'y as an ollicer. WO have
no doubt that M(njor Lewis Merrill
Was, ill the eyes of the sccret:'ry of
war, a most eflicieut and ontorpris
illg oflicer--Cllicient in doing the
dirty work assign4'd him and
en1terprin mg ini geting extra pay
for his services.
IL.agc Rags 8
1 A iV your fei ' t ton I lin 1 Iiin re'
1. 4f l do crn1 ltsaC , and we will bny
IItei tromp you.
WVrnpping pper for sale at inanfac
iurors' prices.
nela 21 lfAS'ilt & JIRICE.
A TT E I\'I T10N!
am now receiving, and intend to
keep onl hand,
sToor ox
.l E largd L STOK to be found
in th is.
Also, a complete stock of
Ladyi es,'
IM isses,'
Such gods ais [ can warrant.
2D ~E. ~- C- C C) n- P:.
mar 14
in every vaiety for salo nt the
Draug Sti or-e, by W. .E. A.!N E N.
I g ram Ge rmanc C.l]ogn e, fo r saleh
jan Ji W. JE. A IK(EN.
1 EIA NS by thue pprgrtr
pk.We have Early T \ahm'i ine,
Mohaw~k. Yellow Six Weeks, (Ger
aannu )warf Wex, Ea:rly (hina Re
Eye, Whit orn1)l ill'al Newl
~ing (ton Womler1, Lre MWit' Lima-~Of10
andi Lodo 1 Ho~s~ Wrtintural en s.ipiar
-A [LSO,
fOr sJix hr sppely nfCahar.ee
mar I Mo MASu-r k~ & lhIer.
NTieIS Te! Tes
r ma.ot r ferd s o dijssve
I.a hon phosh~nte or 11.i. pbpht
Bnootars (hanoid Eura i n~
A t V yofwats okT
At eryLowPrices,
Ftt 1 1 -A (destruictiv e fire oe'lirred at
Ninot- siix, S. C., Dtv.inbs'r list~, by
which four sitoreu valued at A20,000) were
Ins~iste. Th'le fuirtheIr spreaoud of theo con
IfiutriuI iou, with proluihlo ilest 14111ion of'
tlle whole town and at lis of severail hun..
drudl thousan111d dlollalrs' worth of proplerty,
anid Raiiny lives:, W1'FO jWIelitI'4 by~ thei
arrival ofit G(reat American Fire *Extinu
gish8er, ani Agenlt hiappenintg to comie ini
town ait tho niek cof time. For full part1 icu
lars, see tiut, Abb'viih. Meditui and New
berry I II'i2111 of the following w~eckc.
Mr 1. '.'[os off(1 rctn Si. (', 1.4
Alueicii Iire J'~1tiiiwish4ler, anid will
aniswer all inquj~i ris ill regard to the status;,
At J. 0, BOAG'S
Iflmy '.;OO1)S 1,1;ml] OO
)%ItO no0w 11te ii first .liesl. I 87'1 Milli
ULn~~ IlilII:1CiiV latst si VP v1+, i ht
anti ltoiu 41.1. 1 jlioit'.. Ilow''rs, Lestatlue
of' sill hinds. vti hI. ill tsills. 113112, 11(1ts
vel vets, straps,, urn1I:u4u- x
Consising in 1'sl iit of IIlaek 411111 COaflI'rs
uf 1 sa s lilf.u 'iassor t '' ll I l f ii 2.'. 11214kiss Is4,
of li oi 1i i a li (I2, at11 .I21at4'I 1 411411 liii -
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