The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1890-03-13
LIVELY SENSATIONS IN EDGEFIELD.
The Grand Jury Arraicns the Supreme
Court and Circuit Judges for Delays
and Innovations in the Administra-
ton of the Laws and the Sheriff
for Criminal Negligence.
Especial to Columb;a Register


EDGEF1ELD, S. c., March 6.-Tht
grand jury selected to serve for thi:
year have been in session here since
Monday last.
For-the past three days they have
been investigating the Norris-Gardnel
affair, in which it was reported that a
challenge had passed between the par
ties. The matter Of the recent escape
Of prisoners from the County Jail has
also beep thoroughly looked into by
the grand jury, and to-day they made
their report to the court. AS was eX-
pected, their presentnent has created
quite a sensation. They dismiss the
Norris Gardner affair, attack the duel
ling law, rap the Supreme Court over
the head, call upon the Circuit Judges
to stop ''continuances" Of cases, sug-
gest a change Of venue in the Jones
case, accuse the Sheriff Of criminal
negligence and prefer eleven charges
against him.
The following extract from their pre-
sentiment covers the result Of their in
vestigation referred to-:
General rumor and newspaper state
ments having induced us to believe
that the statute prohibiting duelling in
this State has been violated, in that a
challenge to fights duel had been sent
by one of our citizens and accepted by
another, we have thought it proper to
investigate the charge, in view that
the parties might be dealt with as the
law directs; but after diligent inquiry
and careful examination we failed to
find evidence sufficient to warrant
judicial proceedings. Preliminary cor
respondence only passed, and the
prompt action of the officials prevented
any act coming under the statutes. In
deed, we find the statutes so defective
that nothing short of a duel, actually
fought, is ever likely to be brought to
the test of a trial.
eve find in our Jail prisoner in
dicted for murder [Jones], who has
been there for most part Of four and a
half years. He has been tried five
times. The expense Of keeping him
and having these, trials has been a
heavy tax upon our county. The fail
ure of the law to punish him, if guilty,
reflects upon the administration Of JUS
tice. The failure of the law to give
him his freedom, if innocent, is an out
rage On the liberty Of the citizen.
"The fimsy pretexts upon which the
Supreme Court grants new trials, q
thing unheard of before the war, an in
novation which We firmly believe is
the source of all lynching which has
occurred in our State, cannot be too
strongly condsmned.
"The long Incarceration Of this pris-
oner eNcites sympathy for him; the
failure of the law to vindicate itself
casts obloquy upon its administration;
the prisoner gains at the States ex-
pense, and justice is weakened by
every continuance. Continuance after
continuance mas been granted upon
trivial pretenSes, and we feel that We
voice the sentiment Of an overwhelnl-
ing majority Of our people when we
ask that this thing shall stop. We
want this man released if innocent, we
want him punished if guilty.
an view of the fact that he has bad
five trials in this court, and that mis-
trials have resulted four times, we be-
lieve that justice can be better sub
served by change Of Venue, and We
recommend such action if it is allowed
by law.
1.-The Solicitor having desired an in
vestigation into the matter of the re-
cent escapes from the jail Of prisoners,
two Of whom We're under sentence for
capital ofense, and strong public
sentiment urging the same, we have
given the matter patient, searching
and thorough Investigation. We re-
gret to present that we find the Sheriff
and his assistants have been culpably
negligence of their duty, and they are
undoubtedly responsible for the escape
of the aforesaid prisoners. We reach
this conclusion from sworn evidence
before us, and from a thorough inspec-
ton of the Jail. The evidence thus
elected shows general looseness in the
management of the Jail. disregard of
the statutes for its government and
criminal carelessneSs on the night that
Murrell and Carpenter escaped, TO wit,
in the following particulars:
~. There is no legal iailer, inasmuch
as the law requires his appointment in
writing to be deposited i'll the Clerks
office, The Sherif's son, Joseph
QUITS, only acts as jailer.
49, The prisoners Murreil and Car,
penter were not closely confined, as re,
ouircd by the sentence Of the court
They We're allowed the liberty Of the
entire second floor, ana were not con.
fined to cell on the nighr Of the
escape.
"3. Prisoners Were allowed :'rce ccm
munication with outsiders by means
ofstrings through the windows.
-. \ prisoner, Jones, under indict
nent for murder, has been allowed tt
have the Jail keys and to lock up othei
prisoners by the S!lerit,'s and jailcr',
consent.
IS. An irresponsible assistant, wh'
himself had other employment outsd,
the Jail occupying much Of his time
was entrusted with the care of thes;
prisoners.