Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-04-05
FOR THE ADVERTISER.
Division of Edgefield,-Mo. v.


lar circumference and non-ccnral Court House,
there are at lcas, one thousand men, not women
and children, in Edgetirld, who live SO remote
from the Court House, that some of them acsu-
ally refuse to redress themselves by law, in
very many cases where it should be DONE
Many more who institute proper suits, now AND
tnen discontinue them. or fail to be present ut
the trial. to aid their counsel owing to the inhe-
rent difficulties which beset the path of justice
in such District rs ours. Witnesses not un-
frequently reside 80 far away, that they either
decline 10 attend or fail to do so punctually,
and thus trial is often, either forced OH, III Tie
absence of important testimony. or wholly aoan-
doned. Who has not time and again seen JUST
causes discontinued or lost, both at Edgetied
and Barnwell, mostly because aparty or his
Witnesses. or both were not present! No man
can know positively when his case will be called
for trial, which compels both himself and wit
nesses to be in almost constant attendance du-
ring the whole term of Court. own that some
Attorneys sndeavor to prevent this, by naming
a particular day fur the appearance OF their
clients and witnesses, but such y course is sell
dom pursued without regret 10 The lawyer and
perhaps injury to the client. Every such case
must run the double risk Of being pressed to
trial uuprepared, or of having 10 be continued
N Il last resort 10 save it from being stricken
off the docket verify believe that the rep
rehensil,lc practice, 40 common IN our District,
OF continuing cases to the next term, has It's
origin in this. !" naming day" ofiener than Is
supposed. If certain and fixed periods were
assigned for calling the various buckets, or for
hesring particular class of cases. day might
be named for the trial of given cause, but the
.prosent organization of our Circuit Courts al
lows Judge, at any time within the term, 10
take up case indiffrrenlly from the Process,
Issue. or Criminal Dockels, rs well rs Appeals,
or Suggestions from the Courts below.
This confusion or indiscriminatc blending of
several Jurisdictions is 4 grievOu> wrong 10 the
people Of the State, and especially to those of
EdGcfield, because our District is so large that
its litigation now occupies the Law Courts for
= fortnight, and parties to suits are forced 10
paw witnesses for attending Court t'no 1cseks
instead of one, as in the smaller Districts. Every
one must grant that witnesses are generally the
largest item 6f exrcnse in litigation, and that if
the District were divided those citizens who live
ut or near the Ccurt House would be rs much
benefited rs the inhabitants of our remote
frontier in the dimimished expense of procuring
evidence. But the cost of litigation is still more
Increased in respect to distant parties by the
long mileage allowed the Sheriff for serving pa
pers. In addition to this, about one-llaf of our
numerous population are unable to visit their
homes in The evening and return in time for
for Court next morning. Hence, when attend
ing Court, rs parties witnesses, they must
remain at the Village for perhaps fortnight, on
expenses for both themselves and horses, as
w." as endure the anxiety and suffer The depri-
1(r.., of being absent from their families and
80, erintendauce of their business. The
, oarty to a suit must also frequently
.,,. % the Court Huusc prerious 10 the sit
Court, in order to confer with his Coun-
prepare his case for trial, which greatly
rcS the price of justice. witness in 4
.e,i,n is paid only Sl,00 per day, which
49,: reimburse half his expenses for attend
r.t; while the poor fellow from abroa',
Is } unfortunate rs to be i STATE witness,
no compensation whatever. This Is
. - indurcment 10 make many witnesses
.r.t they know anything about u civil case,
,.z, to attend Court if they do; and who
5H- 10 appear rs 4 prosecutor or witness
81 . criminal when his public spirit is taxed
-.ly! THUS lying is stimulated evidence
: ! rSsed, crime goes unpunlsted, and a
.,asihe reluctance to attend Court, that
% ay be done their neghbors, pervades our
E arpu alton on the borders of the District.
oam.fnl disregard of the law is often prac-
I'D whenever outraged justice does pur-
:.rders whether in civil or criminal pros
but imperfect testimony is obtained or
hole truth comes ont, it causes great
of time, money and feeling.
rs, whocnns,i,u,e the hulk of our popu-
rmphalically domestic men, and there
III absent ut Court, us suitorS or wit
hey are forever oppressed with tor
xietv tor their distant families and bu-
10 allay this anxiety and escape from
,tonnus, but turbuiently thronged Vii
frequently steal home as il We're, de-
errors of 4 Subpoena or the danger of
lance, and bv the lime they can return
s,ded continuance has bcc"me fixed
Ise of their long absence. Numerous
.onlmuauces occur in our Courts from this
calse, even after many witnesses have been in
attendance for several days, thereby delaying
and increasing the expense of justice. If Il
Rule be sent after distant witness, two or
three days mus, elapse before it can be answered
and Il continuance of the case is almost una
yoidablc. It's unif"rm custom for the Sheriff
OF Edg. field, during the whole two weeks of
our Court 10 have a battalion of deputies, armed
with Rules and Attachments, riding night and
day, in the pursuit of absent and distant wit
ne>ses,-but even these attractions ut times are
TOO feeble TO bring the witnesses into Court,
aud = continuance" follows as an inevitable
result The expense of serving these Rules
and Attachments must also be pald by liligants.
Suppose however. that successful action for
damages be brought against distant witness for
his non-atiendance-or suppose that Rule or
Attachment always produce he desired evidence,
does il not also produce rebcllious or "narchical
spri, in the witness! DOES it not make him
feel, that he is oppressed by the strong arm of
the giant who inhabi;s the distant Court House.
in being obliged to neglect his affairs, rriie him.
self from his wife and children, and travel u
fatirunr journey, ~ well Tighten his own
purse, that defective justice may be done IL
others.
Furthermore, our domestic farmers from the
frontier, while attending Court, are hourly max.
inc eager enquiries about " Sweet Home" from
which they are Janished for the time being. OF
all men one of this class, is the best prepared
TO believe evl lidings of what is near and dear
to him. A harmless incident at his plantation
spreads on every tongue and groves in every
ear. until it reaches his, inagnfcd into an awful
catastrophe. He hastcns away in painful sus
pense 10 find that he has been deceived by q
false alarul,-but before he can return, the dila.
tory and fatal word, continued" or "discon.
inued" has been recorded by the Judge. op'
posite the case. il which he was Suitor or wit.
ness mn not without suspicion but that
much diplomacy iA used in Edgcfcld to have
cases from 4 distance con!in ed, by inventng
circulating and ESTABLISHING rumors. This OF