National Republican., 1882-04-25
Tbc sonth Carolina Prosecutions.

In the United States Circuit Court to-day, before
proceeding with the trial ofanother case the dis
trict attorney called the attention of the Court to
the two cases against David Wynn and Henry J.
McLaurin, commissioners Of election for Sumter
County charged with refusing to count certain
polls. r. w. Noise, counsel for the accused per-
sons, then read an affidavit by the prisoners, in
which they admit the truth Of the charge against
them In excuse for their action they stated that
certain questions were made before them as TO the
legality Of certain boxes in the election, that they
did not know what 20 do, having received no In
stiuclions on that matter and not being lawyers OF
conversant with the law Of elections; that they
called in three lawyers Of good standing to advise
them; that they took and followed the ad-
vice given them as they would have
done in their private affairs, and by such ad.
vice they failed and refused 10 send up
or count the votes in such boxes. District AttOr-
ney Melton then moved to discontinue the case
against Henry J. McLnurin alone, and nollc pros
equi counts one, five, and six of the indictment
against both Of the persons these being the counts
charging conspiracy. Counts two, three, aud four,
he said were admitted by the defendants TO be
| true, and upon these counts they entered their
| formal plea of guilty. lie said he was persuaded
that the affidavit that they made truthfully repre-.
scutcd their case, and that their ocnse was purely
Of n technical character lie then asked that the
IN ,ment Of the Court he suspended indefinitely.
ia 60 Bond said that the Government had no
malice against ts citizens and It's sole object was
to vindicate the purity Of the balot-bOx lie said
he would take pleasure in signing an application
for pardon. Charleston Is. ca Dispatch, AprH2
From the foregoing it will be seen that
the South Carolina Bourbons are vindi-
eating themselves in the most character
stic manner. The prosecutions of their
election fraud agents are not yielding
much else than evidence that the modes
for escaping conviction are fully equal in
| boldness to the modes of committing the
crimes. The county election commits
sioners of Sumter County calmly admit
all the facts set forth in the indictment
against them of having suppressed a
large number of votes-between three
and four thousand we believe-but swear
| that they committed this crime against
the election laws under He ddrice of IdlU-
gers. That settles it. What more complete
defense can be made by an accused
person than to prove the absence of
criminal intent? What more natural for
a Bourbon election officer to do than to
question the legality of the votes of the
opposite party? What better method OF
satisfying himself than by consulting a
Bourbon lawyer? What more easy than
for such counsel to advise that only Bour-
bon votes be counted? The innocent
criminals who had so guilelessly stuffed
the Republican votes oW of the ballot
boxes in Sumter County under legal adj
vice plead guilty to their innocence, and
Judge Bond cheerfully soothed their
feelings by Offering from his seat
on the bench to sign a petition
to the President for their pardon. We
rejoice at this solution of a perpleXing
problem. We knew the laws had been
violated in South Carolina, for the Bour-
bons admitted that. The only question
which troubled us was as to how the law
and the law-breakers could be vindi'
Gated. Tranquility now possesses oul
soul. The crimes were committed under
legal advice, and any man has righ
to do whatever a lawyer can be found tc
advise This substitutes the will of {
mans lawyer for the law. 1t is new
F departure. To the criminal of all grade
it says: "Though thy sins be as scarlet
they shall be as white as snow" if they
were committed under the advice of |
lawyer.
Henceforward all indicted person
should go free who will file a writer
opinion of lawyer advising the com
mission of the ofense charged, togethe
with an admission that there WAS M
criminal intent. AS was remarked b.
Judge Bond, "the Government has NJ
malice toward its citizens" He nigh
have added: "Unless they are the vic
Tins instead ofthe perpetrators of crime.
Those who think there is no preceden
for thus allowing accused persons to bc
discharged at their own pleasure have
overlooked the following eminent au
thority:
Dogberry-You are thought here to be the mos
senscless and fit man for the constable Of tn,
watch therefore, bear you the lantern. This i
your charge. You shall comprehend all vagron
men you are to bid any man stand in the prince
name.
Second Watch-How II he win not stand7
DoGbGrry-Why, then, take no note of him, bu
let him go aud presently call the rest of the wucl
together and thank God you are rid of knave
Ifyou meet thief you may suspect him
by virtue of your oflce, to be no true man, and 70
such kind of men the less you NEEDLE or maxi
with them why, the more is for your honesty.
Second Watch-If we know him to be THE
shall we not lay hands on him?
Dogberry-Truly by your Office you may; bu
| think they that touch pitch will be dehled Tn
most peaccable way for you, if you do take thiei
is to let him show himself what he is aud steal ou
of your company. Ifyou meet the prime
In the night you may slay him. MARI.
not without the prince be willing for indeed tn,
watch ought to offend 10 man; and it is an of
iense to stay man against his will.-Mueh Ad
About NOthiR0-Ad III, scenes
The True VS.. The False.
The Star of yesterday says: