The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1894-10-10
The COLOR LINE CRAWN.
An Unususl Ioc1dent IN The Court
of Sessions.

COLUMBIA, s. c., OFT. An Incl
de.is much out of the ordinary occur
rrd n the Court OF General Sessions
Yesterday. 1t was while the case Of
Ell. Green AID John Brown, colored
charged with breaking into and robbing
railroad car, was being tried. The de
PENDANTS were represented by John Nc
Master. The testimony Wes that the
stolen goods had been found IN the pos
session of the pcisooere, but Green
proved an al bi bJ three witnesses.
The jury III charge Of the case had
for its foremsn j. Frank Smith and
there was one colored Juror, Tobias
Dsrrick. The jury was In Its room for
some time and inally reported that 1t
was unaola to agree upon verdict
Judge BeneS asked the foreman of the
jury what was the trouble that yer.
dict could no5 be arrived at. Mr.. Smith
stated that the colored member of the
Jury had drawn the color line and was
the only Juror who stood Tor the acquit'
tai Of the prisoners, all the others being
in favor Of verdict OF guilty.
Judge Benet became somewhat
aroused at this and made q few remarks
the substance of which were as folio rs:
IF such conduct is INDUCED 10 Is
will necessarily iead to the Jury Com.
missioners excluding colored people
from acting as jurors, which they have
perfec, rlshs to do under the law.
rha law requires that the names 10 a
j2ry poX Shall be OF men qualified to
serve as jurors No colored man Is
qualified TO serve as a Juror who will
allow himself to decide a case on q
color line. Without saying word az
to the guilt or innocence OF the parties
in this case, 1t Is great misfortune,
especially in the interest Of colored peo.
pie, that colored msn should refuse to
agree to a verdict because the party IS
a negro and be is one himself. There
is no principle of justice In a matter
like that and such action would justify
Commissioners in excluding all co!ored
mems from the box. can assure the
colored people on my own responsible
lity that in my long residence Of twen-
ty six years in this State and my expert.
ence as a lawyer and ajudge, white
men 999 cases out Of ], 900 give colored
prisoners full justice"
Juage Bsnet went on to say that be
had known Of lawyers paying the ex-
pense5 Of cases for negroes and spend
Ing hundreds of dollars for poor color
ed men and that there was not shade "
of reason for the action of the colOred
Juror. He said that there were oolored
men on the panel who where capable
of acting as jurors and who had acted
fairly and without. prejudice.
In conclusion he said: "Mr. Clerk,
you will excuse the juror and strike
his name from the roll"
Attorney McMss5er stated to the
court that so far as the testimony was
concerned be thought Derrick had actec
right. He did not know what had oc-
Cured in the jury room.
Later in the day Derrick went to
Judge Benet and said that he had not
raised the color line in the jury room.
He had simply insisted upon the &C.
quittal of Green, who, he felt satisfied
was innocent. He had voted, he said,
for the conviction of Brown. udge
Benet accepted the statement, remark
ing that Derrick was apparently sincere
in what he said.
Judge Benet stated that If he had
known that Foreman Smith was going
TO speak of the color line be would not
have allowed him to talk.
A missrial was ordered In the case
and Judge Benet ordered that 1t be
tried again today. Attorney McMas~
ter had bench warrents, taken ouI for
William Sheppard, W. Fl. Richter,
George Cannon and Frank Robinson,
witnesses the defense, who had not
appeared at the trial.