CASES AT LAW ARGUED AND DETERMINED IN THE COURT OF APPEALS OF SOUTH CAROLINA. At Columbia-November and December Term, 1866. JUSTICES PRESENT. HON. BENJAMIN F. DUNKIN, Chief Justice. EX PARTE JAMES BELL. Appeal-District Judge-Power to Supervise Prosecutions. From the refusal of a District Judge to "direct the discontinuance" of a prosecution for a misdemeanor, as he is authorized to do by the seventh section of the Act of September, 1866, no appeal lies. The authority of the District Judge is to examine into the merits of the prosecution and not of the case, and in doing so he should not only inquire whether there is probable or sufficient cause, but also whether the public interest, the peace and good order of society, require that the case should go on. He is not to try the case upon its merits, nor is he responsible to the accused for his judgment, and it is wholly discretionary with him whether or not to direct a discontinuance. BEFORE E. A. LAW, ESQ., DISTRICT JUDGE, DARLINGTON, NOVEMBER 16, 1866. This case will be sufficiently understood from the opinion delivered in the Court of Appeals. VOL. XIV.-2 Spain, for appellant. Ex parte James Bell. No counsel appeared for the State. The opinion of the Court was delivered by INGLIS, J. The seventh section of the Act of September 21, 1866-" To amend an Act entitled 'An Act to establish District Courts'"-provides that the District Judge "shall be invested with power to examine and supervise all prosecutions, commitments and warrants of arrest commenced before or issued by any magistrate within his District, for any misdemeanor; and it shall be his duty, upon application made to him, to examine into the merits of the same at any time before trial, and to direct the discontinuance thereof, on such terms and conditions as may seem to him most conducive to the ends of justice; and for this purpose he is authorized to summon before him the parties and such witnesses as may be necessary." James Bell, having been arrested under a warrant, issued by one of the magistrates for Darlington District, charging him with a misdemeanor, and having entered into a recognizance for his appearance to answer, applied by petition to E. A. Law, Esq., the District Judge, for an examination by the latter into the merits of the charge under the authority of this section. In conformity with the prayer of the petition in this behalf, witnesses were summoned, and the prosecutor and petitioner, with counsel on either side, attended for the purpose of the examination. In entering upon the proceeding, the Judge announced his understanding of the extent of power and authority conferred upon him by the Act in this particular, and the principles by which he would be governed in its exercise. "He would not look with favor on such applications, unless the evidence was very satisfactory, and sufficient to remove from his mind every reasonable suspicion |