The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-11-25


policy of conciliating the respectable.
blacks, while avoiding all entangling al
liances with disreputable negro and car
pet-bag politicians, have won splendid
victory, which they evidently intend to
improve by judicious and conservative
use of its results. aa5: $50.
For tho Anderson IatcRiga,cer.
ANDERSON, s. c., Nov. q, 1875.
MEssRs. EDITORS: AS matter Of pub
lio interest, we respectfully ask space in
your valuable paper, to publish the fol-
lowing facts:
The undersigned were indicted, as they
are informed, by tho order Of o. H..P.
FAINT, ESQ.,, chairman Board Of County
Commissioners, before Johu @. White
field, Esq, one of the Trial Justices for
this County, upon the charge of refusing
to work the public road leading from
Little Beaver Dam Creek to George w.
Maret's, Esq. ALI the parties except j.
R. Callahan and J. A. P. Barton were
acquitted for the following reasons, viz:
]. M. Jolly and r. T. Barton because.
they had never been warned J. M. Her
ring because he had not the two days
notice, as required by law; j. 7. Comp
ton because Of his not being citizen of
the State at the time, and, further, on
account Of certificate from his physician
that he was sick and unable to perform
manual labor; T. s. Cole because of the
preaching of his sisters funeral, which
he desired to attend. It was proved that
Barton, one of the convicted, in accord.
ance with summons from the captain,
worked on, another road in the Same
township, which, with the exception oil
about one-half mile, was more conven-
lent for him to work than was the other
road. This, it seems to us, showed; I'd
disposition to shirk his duty as citizen,
nor to Intentionally violate the law, but
as the powers and discretion Of the over
seers in the different highway districtsin
arranging the companies and prescribing
the time each shall work is absolute, the
Court ruled that it was no justifsble
excuse. While it may violate the strict
letter of the law, we do not think it in
harmony with the spirit and humanity OF
the law. He worked the road as long
and faithfully as any other member Of
the company under the orders Of cap
tain appointed by the overseer, and as
matter of justice he should have been
excused. There is another reason. why
we should have been acquitted. After we
had diligently worked the road for three
days and one-hslf; and thought we had
completed all the repairs necessary, we
were told by the captain that should w'sbe
summoned again to work, MOTTO obey it,
but fight it out. This, we hold, amonn-
ted to no warning at all dnd If the Off
cial or officials who instigated this prose-
cution are SO exceedingly eager to dts
charge promptly and faithfully and i'm
partially the duties Of their Office, it
strikes our unsophisticated minds tha-
the above facts furnish ample material
for them to show 1t.
But, above all other things, land we
ask the Judgment of the people if we are
not right we denounce as an outrage the
bringing of us to Anderson Court House
to be tried when there were two other
Trial Justices near US who were qualified
in law to hear the case. The day before
the trial We left our homes, distant from
sixteen to seventeen miles, and camped
in the woods during the night, amidst an
incessant and pouring rain! Weare poor
boys, have to use every economy to make
ends meet, and were unable to go to a
hotel and get comfortable lodging; hence,
besides losing two days from our farms,
which is no small item OF this season OF
the year, our health was seriously endan-
gered by being subjected to a nights cold
and drenching rain. We thought, and
still think, that the object Of the law in
distributing the Trial Justices in the
different townships was for the conven-
ience of the people, and for that reason
we made an affidavit before Mr.. White
field to that effect, and also that we could
not get fair and unprejudiced trial be-
fore him. Therefore, we moved trans
fer of the case, which was refused. In
justice to Mr.. Whitefeld, we will state
that our fears as to him were mistaken.
We now think he tried to do his duty.
We now request our Senator and Rep
resentatives to introduce law removing
tie Objectionable features above mem
toned, and save their constituents from
being dragged fifteen or twenty miles to
| bo tried when charged with violating the
law. If not, let all tho Trial Justices
liYe at the Court House, and all crimi-
nals, or supposed criminals, be tried
there. We request them further to limit
the powers of overseers of highway dis
trlcts, In our case we wanted to prove
that the road was well worked, and that
it was not necessary for US to have been
recalled, but the Court refused 10 let us
introduce this evidence, as that matter
was left entirely in the discretion OF the
| oyerseer, who, by the way, can neither
read or write. Respectfully, &C.,
| j. r. CALLAHAN,
| J. A. P. BARTON,
J. NJ. JOLLY,
| r. T. BARTON,
j. NJ. HERRING,
T. s. COLE,
j. T. COMPTON.