The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1893-05-09
GOV. TILLMAN'S COUP.
HE STARTLES THE STATE WITH a
SENSATIONAL MOVE
In the Noted Denmark Case-SolicitOr Servey
Made a Sensational Speech Against the
Governor and Now he Is Prosecutor.

Columbia, S. c., May f. (Specal.) 1.-The
aftermath of the Denmark lynching grows
interesting Today's developments are racy
and those of the near future will probably
be more so.
From the published utterances of Gov
ernOr Tilman on the subject the general
impression has been that he would take
no action against the lynchers, but ne
took the preliminary steps today ana III
q way that is unexpected, bold and start
ling.
At the mass meeting of citizens Ill TINS
county recently TO express themselves on
Governor Tillman's course in sending the
negro Peterson before the lynchers, 80
icitor Jervey, of Charleston, happened TO
be present and on being called upon to
speak, made use of these remarks: III
were the solicitor in BarnWell count! L
should indict every man who took part IN
that murder and | should name as accessory
before the act i. Il. Tillman-- loud applause
and in my argument before the jury
! am very much mistaken II ! would noe
show that he was more Responsible th'h any
of them" loud applause) ,
Today the governor made pubic lelier
written to him yesterday by Solicitor bei-
linger, of the Barnwell circuit, IN whlch
he says: a;o;.u,
Il desire TO call your attention 0ilclaily
TO the recent lynching at Denmark III con-
nection with the following statemeht: 30
far no warrants have been sworn OUT p9'
any one against any person supposed 10
he connected with the affair and the pro-
ceedincs and verdict of the jury OF
inonest gave no information upon
which the prosecution can ne pe-un'
Under these circumstances. II the case Is
to receive that investigation winch us
~cravttv seems TO REQUIRE. it becomes the
d,rty of the executive officer to institute
proceedings in the premises lnaSnuch us
q violation of law was comrlitted Ill Il
community in which | nave reiauNts anu
connections. if is not impossible that some
of them were implicated especially when
1t is stated that the entire comnliiht! was
engaged in the enterprise. Such Delhs the
case any effort on my part to prlls the
rarnetratorS to Justice would be embarraS-
sin!r TO me- and probably lay me open to
the charge of Partially and lnslncerlty.,
would. therefore. respectfully request that
vour cxcellency would charge the solicitor
of one of the adjoining circuits to take
charge of the case, and would suggest
Solicitor Jervey whose circuit adJOlnS this
county. and who probably better under
stands the situation, and could give the
matter satisfactory attention.
Herein comes the interesting part VI
To-day Governor Timan wrote a letter
70 Solicitor Jcrvey. in which he notifies
him of Bellingers letter. and says; L
therefore direct you to proceed TO Den
mark at your earliest convenience for the
purpose of thoroughly investigating the out
break and taking the necessary steps to
vindcate the law and punish the lynch
The conclusion of the governors letter
illustrates the gerry refinement of sarcasm.
He says:
comply with Mr.. Bellingers request the
more readily because your well-known zeal
and ability give assurance that you Will do
Nour duty. Yours very respectfully,
f. II. TlLlMAN, Governor.
will of taE 20
your place in any work in your own circuit.
which may interfere with your compliance
with this order.
Jervey Makes Reply.
Charleston, S. c., May 6.-tSpecial.)-
The following is copy of the letter sent
by Solicitor Jervey to Governor 11llman
today in reply to 1'illman's letter instruct
ing him 10 prosecute the Denmark lynch
prS:
beg to acknowledge your letter Of the 4th
instant wherein YOU direct me ITO proceed to
Denmark At your tmy} earliest convenience
for the purpose of thoroughly Investigating
the outbreak and taking the necessary steps
10 vindcat the laws and punish the lynchers'
All lawful directions emanatlng from the cX-
ecutive shall be fully and earnestly carried
out by me. but in matter of Such Importance
ST Is best that your directions conform strict
liz to law. There is no provision OF the law
which would authorize me with, or without,
your sanction, as solicitor. to go into another
circuit and assume the enforcement OF the
criminal law there Section OIL OF the general
statutes under which ! assume You act In
this matter authorizes the governor to direct
the solicitors TO assist the attorney general
or each other in all suits or prosecutions In
behalf of the state. The section clearly con
templates that Il solicitor SO directed must be
associated with. not SuDcrSede. the conStltu-
ted representative of the state in the circuit in
some suit prosecution there pending. | am
satisfied that under this section he would not
he authorized 10 tan" original proceedings.
and that an Indictment presented by him
would lot be valid. Whenever the solicitor Of
the second circuit shall have performed his
tI,,rfG of tlI la 81
been begun in Barnwcll county. should you
think that the interests of the state would ne
subservcd by my presence l shall promptly
obey the direction of your cXceilency; Ihe
duty is of grave responsibility. neither to
be sought evaded. and shall devote to
its proper execution all the ability ana earn
'estneSS at my command.
The Governors Rejoinder.
Columbia. 5. c., May G.-tSpcial.) Gov
ernor Gilman today replied to the letter of
Solicitor Jervcy, in winch the latter refer
ring 10 the governor Instructions to pros
ecute the Denmark lynchcrS. held that the
law only directed him To assist another so
lcitor, and not to take charge himself The
governor says: While it may be presump
lion III me, layman. 10 conStrue law differ
pntly from SO distinguished an ornament Of
the bar as yourself, ! insist that you are
Splitting hair, So to speak You will not
assert thar the disability of the solicitor of
the second circuit paralyZrS the law, or
deny that the judge can appoint Il solicitor
pro TEN, and the technical language to as
SiSt the attorney general or each other, can
not he construed to forbid an interchange
of work or swapping places by the solicitor
even to take original precedence / still
hope that v"u will waive your own con-
Etruction and leave it to the court to pass
the legality of such proceedings as you
NAV take III prosecuting the Denmark
iynchers. Of course. | have no power to
force you to perform the duty. which ]
thought would be pleasant to YOU. If YOU
still refuse the matter must be left with the
Sudge when court cOnVeneS"
DEPEw ON CLEVELAND.
He Says tho President Is Not Good FL
nancier
New York May 1.-THE Herald saws.