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Story
April 11, 1882
The Watchman And Southron
Sumter, Sumter County, South Carolina
What is this article about?
U.S. Circuit Court in Charleston, S.C., on April 8, overrules motions in political election prosecutions against Richland defendants like Bates; denies adding conspiracy charges, adjourns to Monday; defense waives jury objection for this case.
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The Political Prosecutions.
CHARLESTON, S. C., April 8.-In the United States Circuit Court to-day, Judge Bond presiding, the Court overruled the motion to quash the informations filed by the District Attorney in the election cases, holding that the offenses with which the parties are charged are not infamous, consequently not to be proceeded against by indictment only.
The District Attorney then moved to be allowed to amend the information in the Richland cases by adding the charge of conspiracy under Section 5 10 of the United States Revised Statutes.
The Court overruled this motion, holding that the District Attorney is not entitled to add counts charging the accused with conspiracy with others not named in the original affidavit nor in the information already filed to do acts for which they are now to be tried. The information for the warrant of the Commissioner's Court held nor any part of the record gives the accused notice of any such offense. It is entirely a new crime, not an amendment in any sense of the word. It must be considered new information and cannot be filed except upon affidavit and new proceedings. The Court added that this would work a continuance of the Richland cases, or at least postpone them until late in the trial.
The District Attorney stated that he would announce on Monday whether or not he would proceed with the trial of the Richland cases on the original information or ask leave to file a new one.
Counsel for the accused said they would make no objection to the array of grand and petit jurors in this case. as they had proposed, but would reserve the right to argue the question in other cases when they are called.
The Court then adjourned until Monday morning at 10 A. M.
The Columbia Register of the 11th inst. says: The case of Bates and others from Richland was taken up in the United States Court at Charleston yesterday. The defense waived the objection to the array of the jury in the case, reserving the question in the other cases which may come up, and a jury was empaneled. and witnesses required to be in Court this morning, when the case will proceed.
CHARLESTON, S. C., April 8.-In the United States Circuit Court to-day, Judge Bond presiding, the Court overruled the motion to quash the informations filed by the District Attorney in the election cases, holding that the offenses with which the parties are charged are not infamous, consequently not to be proceeded against by indictment only.
The District Attorney then moved to be allowed to amend the information in the Richland cases by adding the charge of conspiracy under Section 5 10 of the United States Revised Statutes.
The Court overruled this motion, holding that the District Attorney is not entitled to add counts charging the accused with conspiracy with others not named in the original affidavit nor in the information already filed to do acts for which they are now to be tried. The information for the warrant of the Commissioner's Court held nor any part of the record gives the accused notice of any such offense. It is entirely a new crime, not an amendment in any sense of the word. It must be considered new information and cannot be filed except upon affidavit and new proceedings. The Court added that this would work a continuance of the Richland cases, or at least postpone them until late in the trial.
The District Attorney stated that he would announce on Monday whether or not he would proceed with the trial of the Richland cases on the original information or ask leave to file a new one.
Counsel for the accused said they would make no objection to the array of grand and petit jurors in this case. as they had proposed, but would reserve the right to argue the question in other cases when they are called.
The Court then adjourned until Monday morning at 10 A. M.
The Columbia Register of the 11th inst. says: The case of Bates and others from Richland was taken up in the United States Court at Charleston yesterday. The defense waived the objection to the array of the jury in the case, reserving the question in the other cases which may come up, and a jury was empaneled. and witnesses required to be in Court this morning, when the case will proceed.
What sub-type of article is it?
Crime Story
Historical Event
What themes does it cover?
Crime Punishment
Justice
What keywords are associated?
Political Prosecutions
Election Cases
Richland Cases
Court Rulings
Jury Array
What entities or persons were involved?
Judge Bond
District Attorney
Bates And Others
Where did it happen?
Charleston, S. C.
Story Details
Key Persons
Judge Bond
District Attorney
Bates And Others
Location
Charleston, S. C.
Event Date
April 8
Story Details
The U.S. Circuit Court overruled a motion to quash informations in election cases, holding offenses not infamous. Denied amendment to add conspiracy charge in Richland cases. District Attorney to decide on proceeding. Defense waived jury objection for this case. Adjourned to Monday. Columbia Register reports case taken up, jury empaneled.