The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1883-04-12

| but she is not cOmpellable. 1t would be
very harsh thing to imprison wife for
declining to testify against her husband.
1t had been for excellent reasons enacted
that defendant might testify in his own
| defence yet it "ould be monstrous to
| hold or enact that defendants should be
| forced to testify. In many cases limo.
cent persons had been convicted because
their mouths were sealed, and the Iegis.
lature had been wise enough 10 remove
that restriction. Yet defendants could
not be forced TO testify against their
| will These were analogous cases. lie
knew OF no common nor statute law
which directed him to say to the wife
'Thou shalt and on her refusal To i'm.
prison her. The Statute law did not
initiate against this doctrine. lie
would regret ITO see the day in south
Carolina when mothers snd wives could
be dragged TO court to testify against
their husbands because Of some outside
rumor. 1t would be terrible. II feel"
said Judge Hudson, "that in this decis.
ion take the cause of every mother and
wife in the land. Even in civil suits the
law goes great way when in such suits
the wife and husband may be compelled
to testify against each other That law
strikes very severe blow against the
domestic peace Of families. In the
absence Of statute in South Carolna
compelling wife to be IL witness against
her husband and, in my opinion, this
case Is not resting on the common law
am forced TO hold that this woman ia
not compellable to testify against her
husband. The code is not without am.
biguity, yet after examining it closely
last night ! am clearly of the opinion
that the Act Oh this subject 10 not Of
such an explicit nature as TO be contrary
to what have announced, nor TO over.
throw this great fundamental doctrine of
public policy and public welfare. In
face OF the protest of this wife, who
has condoned whatever offence there
may have been, canno. force her to
testify. l hold :ha: shs is {; competent:
witness, and one permitted to teniiiy,
but that she cannot be compelled to do
So"
Solicitor Bonham have no doubt
that the letter of the witness to the Court
Is authentic, but in view OF The fncts that
this case was begun in Aiken. that S;olic-
itor CAN'T, who Investigated all the cir.
cumstanCes thought it worthy of trial,
aud that the grand jury of Aiken County
returned o true bill bill against the pris.
oner, asa to place the witness on the
stand AMI let her say for herself that she
declines to testify.
Col. Abney We have no objection
but this can't avail anything. The
solicitor naturally desires TO do his full
duty, but this is outside of his duty.
The Court decided that the request OF
the solicitor was q proper one, and that
the witness should take tho stand. Mrs
Sims promptly walked TO the witness
stand, and, turning to tho Judge with
her veil lifted for the first time in Court
said rapidly and with grateful lcot
"iour Honor, decline to testify age. usi
my husband. ! thank your Honor &C
much for your liberalty" She then
left the court room.
Solicitor Bonham: After this | ask
your Honor to enter noNc prosequi in
the case of the State against w. S. Sims
In accordance with the suggestion OF
the Court the order Of release was made
out 80 rs to read that the prisoner "gc
hence without day, as If acquitted by the
verdict of jury" and when presented
at IL o'clock this order was signed, and
Dr. Sims WAS free man, secure from al
further prosecution on this charge.
Upon his release Dr. Sims went to the
boarding-house where his wife had
stayed while in Columbia and received g
message from her to the effect that she
had just gone to the Greenville depot
with her mother to take the up.train fol
her mothers home at Mccormick
Edgefield County. He got hack and
drove to the depot, where he met hit
wife, and before the train left conversed
with her, briefly thanking her for hel
magnanimity. The train left, and DR.
Sims returned. He was met by the cor.
respondent of the Gews and Courier in
the sheriff7s Office this evening, and saiG
that his future plans were undecided
he would go 10 Aiken tomorrow morn
ing on business and return TO Columbia
where he expected to remain for a weeh
longer. at the proper time he would
make a statement which would satisfy the
public az TO the character of the charge
made against him.