Davis v. State of South Carolina

• Decision Date: 23 April 1883
• Citation: 107 U.S. 597,2 S.Ct. 636,27 L.Ed. 574
• Parties: DAVIS and others v. STATE OF SOUTH CAROLINA
• Court: U.S. Supreme Court

107 U.S. 597

2 S.Ct. 636

27 L.Ed. 574

DAVIS and others v. STATE OF SOUTH CAROLINA.

April 23, 1883.

Sol. Gen. Phillips, for plaintiff in error.

Ch. Richardson Miles, Atty. Gen. of South Carolina, for defendant in error.

MATTHEWS, J.

Lemuel Davis was indicted for the murder of one Hall in the court of general sessions for the county of Spartanburg, in South Carolina, in July, 1876; and, being in custody, it was ordered by the court that he be enlarged on giving bail for his appearance at the next term of the court, it being required that the bond should contain a condition that it should be forfeited in case the prisoner should be ordered beyond the limits of the state by the proper authority of the army of the United States. He entered into a recognizance accordingly, the other plaintiffs in error being his sureties. The prisoner thereafter presented to the circuit court of the United States for the district of South Carolina a petition, which is set out in the record, as follows:

'(United States of America, District of South Carolina, Fourth Circuit.)

'To the Judges of the Circuit Court:

'The petition of Lemuel J. Davis, corporal of Company K, Eighteenth United States infantry, shows:

'That some time in February, 1876, he was detailed to serve as one of a guard of United States soldiers to aid Deputy Marshal James Jarrett in making the arrest of one Brandy Hall, under a warrant issued by a United States commissioner for violation of internal-revenue laws as a distiller.

'That said guard of United States soldiers consisted of two men under the command of First Lieut. W. A. Miller, Eighteenth United States infantry. That said guard, under command of said Lieut. Miller, proceeded with Deputy Marshal James Jarrett to the house of said Brandy Hall, for the purpose of arresting him. That for the purpose of making the arrest, the house of said Hall was surrounded. This petitioner was stationed at the back door of the house for the purpose of guarding the same, and preventing the escape of said Hall. That the deputy marshal, Jarrett, went to the front of the house for the purpose of effecting an entrance and arresting said Hall. That at the time he did so, and while your petitioner was guarding the back door, said Hall made his escape through a hole in the side of the house near where petitioner was standing, sprang past him, frightening his horse and accidentally discharging his piece.

'That by the discharge of his said piece the said Hall was shot and mortally wounded, and subsequently died of said wound. Your petitioner shows that at the time of said accident he was in the discharge of his duty, and that said shooting of said Hall was purely accidental, and your petitioner is in no way responsible therefor. Your petitioner shows that he has been arrested and bound over for trial in the circuit court of the state of South Carolina for Spartanburg county, for the murder of said Hall.

'That an indictment by the grand jury of that county for the murder was found at the August term of said court against your petitioner, and your petitioner was put upon his trial thereon; that the jury before whom he was tried found your petitioner guilty of manslaughter; that the court thereupon set aside said verdict and granted a new trial. Your petitioner shows that he is illegally and unlawfully held for trial under the order of said court, and prays your honor to grant a writ to remove said cause for trial in the circuit courts of the United States for the district of South Carolina, now being held at Columbia, in said state.

[Signed] 'LEMUEL J. DAVIS.

'Personally appears before me Corporal Lemuel J. Davis, who, being duly sworn, deposes and says the above petition is true of his own knowledge.

'LEMUEL J. DAVIS.

'Sworn and subscribed before me the second day of December, A. D. 1876.

'J. E. HAGOOD,

'[Seal of Court.]

C. C. C. U. S., Dist. of S. C '(United States of America, District of South Carolina, Fourth circuit.)

'Ex parte LEMUEL J. DAVIS, Eighteenth U. S. Infantry.

'Petition for habeas corpus.

'I certify that I represented the petitioner upon his trial at Spartanburg; that I have examined the proceedings against him; and have carefully inquired into all the matters set forth in the petition of the said Davis, and believe them to be true.

WM. E. EARLE.'

On the hearing of this petition, December 4, 1876, it was ordered by the court that a writ of habeas corpus cum causa do issue, to be served according to law on the clerk of the circuit court for Spartanburg county, and that the marshal do take said Corporal Lemuel J. Davis into his custody, to be dealt with according to law.

On March 12, 1877, an order was made by the circuit judge for the county of Spartanburg in the court of general sessions, reciting that the said Lemuel J. Davis had failed to answer when...