The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1890-03-12
'OLD BDGBFIELD WAKES UP.
A GRAND JURY DOES ITS DUTY FEAR
LEssLY AND CoNsCIENTIoUsLY

TIC SHERIFF and His Assistants are
Presented for CarcleSSn nrSa---Bo0ih
and Powell. arc Already in Jail
Gnslcr Charge of Assisting the Es-
cape Of Prisoners ..- Thc Courts
Come in for u Full Share Of Cen
surc.-Co!onel Jones is the Subject
OF HcmarIs.
EpGErIELD, s. c., March G.-Thc grand jury
selected To serve for this year have been In scs-
sion here since Monday last.
For the past three days they have been in
vcstigating the NorriS-jardner affair.", IN
which it was reported that challenge had
passed between the parties. The matterol INC
recent escape Of prisoners from the county
Jail has also been thoroughly looked into by
The grand jury, and to-day they made their
report to the court. As was expected, their
has created quite q sensation.
They dismiss the Norris. Gardner affair, attack
the dueling law, rap the Supreme Court over
the head, call upon the Circuit Judges TO stop
"conlinuances OF cases, suggest a chanGe OF l
venue in the jones case accuse the Shcrltl OF
criminal negligence ana prefer eleven charges
against him.
Tile following extract from their present
ment covers The result of their investigation
touching tho matters referred to:
General rumOr and newspaper statements
havir" induced us to believe that the statute
prohibiting tluelling in this State has been
Violated IN that Il challenge TO fight q duel
had been sent by one Of our citizens ana ac-
crp:cd by another, We have thought II proper
to investigate the charge, in view that the
parties might be dealt with as the law directs !;
but after dligcnt inquiry and careful exami-
nation we tailed to find evidence sufficient 10
warrant judicial proce' dinSN. Preliminary
correspondence only passed, and the prompt
Ing under the statutes. Indeed, we find the
statutes sn defective that nothing short OF n
duel, actually fought. is ever likely to be
brought TO the test Of q trial.
1--WE find in our Jail prisoner indicted for
murder Jones, who has been there for most
part uf iour and Il half years. He has been
tried five times. The expense of Keeping him
and having these trials has been heavy tax
upon our county. The failure Uf the law TO
punish him, if gnilty, reflects upon the ad-
ministraton Of justice. The failure of the
law 10 give him his freedom. If innocent, is an
outrage ON the liberty of the citizen;
"The 1imsy prctcXts upon which the Su.
premc Court grants new trials, 4 thing un-
heard OF before the war, an innovation which
we firmly believe is tile source OF all lynchilg
which has occurred In our state, cannot be 100
strongly condemned.
The long Incarceration of this prisoner en-
cites sympathy for him; the failure Of the law
TO vindcate itself casts Obl0Quy upon its a'-
mlnistration; the prisoner ga ms at the States
expense, and justice Is weakened 10y every
continuance. Continuance after CONTINUANCE
has been granted upon trivial pretcnscS, and
We feel that we voice the sentiment OF an
overwhelming majority Of our people when
we ask that this thing shall stop. We want
this man released If innocent, we want him
punished II guilty.
''In view OF the fact that he has had five
trials in this court and that msIrials have re-
suited four times, we believe that justice can
be better subscrvcd by change nf venue, and
We recommend such action if ii is allowed by
law.
"The solicitor having desired an invcstiga-
ton into the matter of the recent escapes
from the Jail of prisoners, Two of when were
under sentence for capital offence, ana Il
strong public sentiment urging the same, VIC
have given the matter patient, searching
and thorough investigation. We regret to
present that we find tie Sheriff and his as.
SiStan!S have been cul pably negligent Of their
duty, and they are undoubtedly Responsible
for the escape Of the aforesaid prisoners. We
reach this conclusion from sworn evidence be.
fore us. and from Thorough inspection Of the
Jail. Thc evidence thus elected shows "cncr-
al loosencss in the management OF the jail,
disregard OF the statutes for its government
and criminal carccSsness on the night that
Murrcll and Carpenter escaped, TO wit, IN the
following particulars:
a. Thcic is no legal jaiicr, inasmuch as the
law requires his appointment in writing TO hc
DEPOSITED in the Clerks Office. The Sheriff :
son, Joseph OnZts, only acts as jailer
.2. The prisoners MurreIl and Carpenter
were not closely confined, as required by the
sentence Of the court. They were allowed the
liberty Of the entire Se"Ond floor, and were
not confined To Il cell on the night Of the es~
cape. .r.,
~. PRISONERS were alioWcu Tree c,nnluhl-
through the windows.
81. prisoner, Jones, nnHcr Indictment lor
murder, mas Dcen iiIioWcd 10 nave inc JAN
Keys ana 10 iock UP othrr PRISONERS Dy the
Shriiii'S and jailer'S consent.
~. An irresponsible assistant, who himself
had olhef c'npioSihcn' ouLSlHe Lhe JAN occu-
pTinG mucn cl Ills Iili"' WAS entrusted Win
the care ni lhcSc pr!sohciS.
ID. lrlSoneTS uilueT SENTENCE were noL kep
separate from other prisoners.
-. On the evening before The escape friend
and ncigihor OF Mu!rr'l ahd Carpenter was
confined by ihe town marshal with them on
the second floor of The jail for about three
hours. When released ai dark he did not
leave the Jail. but slept W!th Jones In room
adjoining hat occupied hy the acting jailcr
and lii> a.Si ,iant VIII" hG!h had Keys in their
pockets TO ING iron u,nr leading up 20 the sec
0nd fuur. Ihcsc lnihGS were allowed, not
withsti ndirg the Sh"rilf had been twice
warned th;it pref ;iralionS were being made 10
VI! 'hI,r ,Srnlr' ,,,,,,,,o ,,.,ro ,,,,o,r,,,
IS: PRISONERS un"cr sentence were allowed
to Visit ihc'r lainiil'S. a'!'i "thcrs nave Deeh
cmplored III llauilli- wO'd.
''9. The jail, contrary 10 laW has Dcen USED
as al boarding nnuiG, ,o. ,o,,, oou,,.., +,
"lO. Di%cllmlnallon mas been exercised III
TIL" treatment OF plEoHrS.
I'll. Within week alcr Mnrrcll anu Car
pcntcr got out another prisoner, under ind!ct-
ment or burglary, escaped III Inc day time In
the Scicsa'nG way, ana through The Seiisamc
hole through WHEN Ma'Teii ana carpenter
are alleged 10 nave escaped, showing that
warning. escape OF Mulrcll and Earpcn ter,
and nothing else seemed TO have impressed
the Sheriff with his lack OF caution and the
Importance Of his !GuSi.
"ln view OF these itriS, we present Sheriff
Ouzis and Joseph QUITS for criminal nCgli
gcncc ANA ask inc Soliriinr 10 institute Judi
cial prGcrrGlnSS against thein. Ana mat Mar
ION ijO"tA anu i'ooclt io"cil DC inulcI"'i loT
aiding ana aOetllhS the escape OF taeSc prls-
ohcrS.
we desire 10 say, IN lhlS connection. II J.:
with sorrow and pain that 4 sense OF duty