The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-04-24
THE POLLUTION OF JUSTICE.

THE POLLUTION OF JUSTICE.
As an evidence of the manner in which
the political trials now progressing in
Charleston are conducted and gotten up,
we quote below little episode in the
testimony of Fred II. Nix, colored, of
Barnwell, one of the witnesses upon
whose affidavit citizens of Barnwell have
been arrested and placed on trial upon
the charge of interfering with elections !:
Mr.. Robt. Aldrich, the counsel for the
defence, asked the witness if he had not
sworn he had seen Osceola CAN'T aim a
pistol at Smalls to shoot him. The wit
ness replied that he could not remember
all that he had sworn to. He had made
general affidavit, but could not say
what he had sworn to. The counsel
then read the affidavit made by Nix be-
fore the United States Commissioner, in
which he had sworn that he had seen
CAN'T level pistol at Gen. Smalls, and
would have shot him if a Republican
had not knocked his hand down and
caused the load to be discharged into the
ground. The witness then made the
very extraordinary statement in explana-
tion of this affidavit that he had furnish
ed the Commissioner with the names of
the persons to be arrested, and had signed
the affidavit in blank to be filled ont by the
Commissioner.
The District Attorney here interposed
with the announcement that there was
nothing strange in this, as the affidavit
had been made out in precisely the same
way as thousands of others.
Mr.. Aldrich: have no doubt that it
was the practice of the Commissioners to
manufacture their affidavits in this way.
The witness, he said, had admitted that
he had signed an affidavit in blank and
was prepared to swear to anything that
the Commissioner chose to put down.
The witness went on to say that he had
not even heard the affidavit read over by
the Commissioner after it had been
drawn out. He had seen CAN'T, White,
Bennett, Williams and Walker there, the
other defendants he did not know
whether they were there or not. He had
sworn in his affidavit that all the defen-
dants were present. When he had said
that he would not have dared to call a
meeting he meant q mass-meeting. He
had called private meetings subsequent
to the meeting on the llth of October.
The Republican ticket was made up of
Democrats with Smalls, (Rep.) for Con-
gress. The Republicans did this as q
blind, however. as they did not intend to
vote for the Democrats. A meeting of
the executive committee of the Republi-
can party was held subsequent to the
convention and full Republican ticket
was put in the field.
The witness was asked if he had been
assaulted subsequent to the meeting on
the 11th of October, and began to tell
how Mr.. Luther Williams had come
down to his house on the night after the
meeting, and had a pistol in his hand
and was going to shoot and kill and mur-
der, &C., &C., but the Court cut the mar
rative short by asking the witness a few
pointed questions, in which he admitted
that Williams had not shot him, not shot
at him, not fired his pistol at all, and had
not even threatened to shoot him.
By the Court: Well, what did he do ?
Witness: He came there for water.
Laughter.l
The facts elected in this case carry
their own comment. When afIidavits
are signed in blank and filled out to suit
the wishes of those who are engineering
the cases, no language is necessary to
portray the iniquity of the proceeding.
When witnesses are reckless enough to
swear in blank, and officers are unprin-
cipled enough to fill out affidavits thus
made and to arrest citizens upon them, it
is high time to have a change. Justice
under such management is but name
for the blackest of villanies. The people
of the United States can well see that 4
conviction of men tried by packed jury
on the testimony of witnesses who, in
their anxiety to procure conviction are
willing to swear to anything, even max
ing out their aflidavits in blank that
whatever is necessary may be put in, is
no true test of guilt or innocence. The
great shame, however, is that the Repub-
lican party should keep men in positions
connected with the administration of JUS
tice who are unprincipled enough to do
such things. If this of itself does not
condemn the Republican party, then it
may as well be admitted that justice
sleeps in America, and that the death of
liberty itself is near at hand.