The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1877-05-04
stNIoN O.. H., SOUTH CARoEaNA, NAY !. 1877
JUDGE MAeKEY's CHARGE.

JUDGE MAcKEY's CHARGE.
AT the opening of the April term of tn,
Chester County Court, Judge Mackey dc
livered, in substance, the following charac
teristic charge to the Grand Jury, in which
truth, logic and humorous satire are admir-
ably blended:
Gentlen,en Of The Grand Jury: AS thi.
is the first time you have served in the i'm
portant position to which you have been
called, it is proper that you should be in.
struoted in regard to your duties and pow.
ers.
Your first duty will be to act upon all
bills laid before you by the Solcitor-these
bills are accusations, in solemn form, against
some one charged with crime In acting
upon these bills, you will examine only
witnesses for the State In all cases Of
'ialnsiciS,c ehs fas9Ss. killisis isproseas sths
gratd jury must find a true BILL The find.
ing of a bill is no proof of guilt.
The grand jury may act without assis-
tance from the Solicitor in cases Of nuisance,
such as buying cotton, or other agricultural
products at night, whether from the lawful
owner or not. To conduct lawful busi-
ness in such way as to endanger the prop
crty of others, or to cause feeling of inse.
curity, subjects the person thus conducting
his business to indictment. Since this con-
struction Of the law has been applied. this
business of trading at night has fallen off
ninety per cent within the bounds of this
circuit
Your attention is called to matter of
general concern-thc fence law The crimi-
nal docket of the court is crowded year
alter year with cases arising from cattle
breaking into fields where there are grow
ing crops. Persons shoot down cattle
brcaking into their fields, and tn court SEN,
tenccs those who thus kill the cattle of their
neighbors. Still this thing will be DONE,
while human nature remains as it is men
will not stand by and sec the fruits of their
labor thus destroyed. 1t is proper for this
grand jury to mcmorialize the Legislature,
at its session to begin this week, to repca!
the fence law. Carefully prepared stats.
tics show that twenty dollars is expended in
fences to keep out one dollars worth of cat
tic. Chester county contains smaller
quantity of timber than any county of equal
area in the State Much Of this timber has
recently been used and is Still to be used in
building Sur railroads. The people of the
county must rely ppoSi Seir timber for fuel
TO needlessly destroy this supply of fuel in
the construction of fences is to visit upon
the people great calamity TO enclose
enc acre of land worth FIVE dollars requires
tXs|xesde||osS worth Of fepeipS, Often:
dollars to keep ontione poor starving COW
worth fifteen dollars. This is an absurdity
it is more than that, it is a barbarism, and
should not be allowed in civilized State
You may say, in your memorial to the Leg
islature, that the farmers of the county will
act in self-dcfense they will give three
months notice, and at the end of that time
will drop all their fences, protect their crops
and test the constitutionality of the present
fence law.
The fence law was enacted in 1904. 1t
Disseminated against the farmers of that.
day, who were spoken of, in the. preamble
Of the law, as "cvil minded" and as ontic-
ing horses and cattle into.their fields The
farmers formed but small population at
that time. The fence law, kept in force
from that day to this, still discriminates
very harshly against the farmers. The own
-er.lfa cow is not required ito pen the cow
in order to milk her, but the owner of a
crop is compelled to pen up that crop in or
der to enjoy its benefits and reap its fruits
A man may be prosecuted in an action for
damages, for milking his neighbor's unpcn-
ned COW, yet he cannot recover for damages
committed by that rowing COW upon his un-
pcnned or unencloscd crop. AS said before,
the law is barbarism, and should at once be
abolished.
The attention of the Court has beer call.
cd to the fact that at point eight miles
north Of Chester is wood pile, owned By
the Charlotte Columbia& & Augusta Railroad.
and that in the winter Of 1875 this wood
pile was incorporated by an act Of the Leg
islature under the name of the "town of
Chestnut Grove" Laughtcr.1 The pop
ulation of. this wood pile, so called town,
consists Of five whites audi eleven colorcd.
[ Renewed lauehter.] The' corperators of
this. so called town pay no taxes, and yet one
ofsssehe - this-so, called
town government was to levy tax of fif.
teen mills. The very first act Of the so call.
cd incorporation was to license two bar
rooms. Cato Porter, one of the incorpora-
tors. said that the principal object in having
the wood pile incorporated was that grog-
shop might be opened there. At the Janu.
AIRY term Of this court, this same Cato Por-
ter was convicted of violation of the Ii.
censc laws of the State. The so called town
OF Chestnut Grove consists mainly, as the
Court is informed, of large wood pile,
which always grows smaller after dark
night. Loud laughter This wood pile
is the property of the Charlotte Columbia
q Augusta Railroad, and the road can no
doubt, protect its property without an act