The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-11-13

preme court than ne has for the legls-
lature? When has any lawyer refused
to defend man because the law under
which he is being prosecuted is uncon-
stitutional2 I will tell you what has
brought about this change. They have
found that if the grand juries refuse to
give true bill and the petit juries re-
fuse to convict that the State will get a
change ifvenue. The fear of the law
is the very best thing in the world to
suppress crime. You can convict "a
poor man anywhere if he is unable to
employ counsel, but you cannot, as a
general rule, convict a man who is
able to employ lawyers and further
more to tamper with juries.
Mr.. Talbert-Don't you think that if
this provision obtains, and you drag
men from their homes, that you will
make enemies to the dispensary law2
Mr.. Bellinger replied by expressing
his confidence that th4power to change
the place of trial wonld be properly
used by the judges.
BARKER AND BELL1NGER.
Mr.. Barker-Do you believe that a
man carried from Charleston to Or
augsburg county would have a fair
trial in a dispensary case, where the
political sentiment is prejudiced in ia
vor of the dispensary2
Mr.. Bellinger-Do you mean by po-
litical sentiment a sentiment to enforce
the law at all hazards2
Mr.. Barker-Do you think it would
be fair to take man and carry him
from county which is in favor of
lynching and carry him to a county
where the political sense is against it2
Mr.. Bellinger-Do you not believe
that man carried from Charleston on
dispensary matter would have fair
trial in any other county of the State?
Mr.. Barker-I do not sir!
Senator Tillman Then is not that
a confession that he will not get justice
in Charleston2
Mr.. Barker-I am not making con-
fession, sir.
Mr.. Bowman-Can a violator of the
dispensary get a fair trial in Charles
ton2
Mr.. Barker-He may and he may
not. You have assumed that the sent
iment in Charleston is such that he
cannot get fair trial.
Mr.. Bowman-You have made the
same statement in regard to Orange.
burg.
Mr.. Barker-You have assumed that
he could notgeta conviction in Charles
ton and want to carry him to county
where on account ofpolitical prejudice
in favor of the law he can'tget justice.
Mr.. Bellinger-Do you mean to say
that man should be tried in his own
county even if it is known that on &C
count of prejudice he is not going to
be convicted.
Mr.. Barker-Better let him be ac-
Quilted then than to violate that fun
damental principle of American and
English liberty. You must not violate
the fundamental principles in order to
carry out the provisions of this law. l
tell you it will come back to you if you
do. I sympathize with the sentiment
that has been raised against barrooms,
and am insofar in sympathy with the
dispensary law, but I do not sympa-
thize with these provisions of that law
and the manner in which it is executed
in violating thefundamental principles
of American liberties in the matter OF
search.
Mr.. Bellinger wanted to remove the
impression that he and Senator Till
man had gotten together and concoct-
ed this scheme to facilitate the enforce
ment of the dispensary law.
Mr.. Barker had not intended to i'm
pugn any such motives to him.
THE AMENDMENT ADOPTED.
Mr.. Johnstone's amendment was
then adopted by vote of II to 81.
MORE CHANGES.
Mr.. Efrd offered an amendment
which would take away the right to
change the venue except in civil cases.
Tabled.
Mr.. Stanyarne Wilson moved to
amend by providing that "the State
shall have the same right to move for
a change of venue that a defendant
has for such offences as the general
assembly may prescribe"
Mr.. Wilson spoke vigorously on
this motion, after Mr.. Johnstone's
point of order that it was the same as
the proposition, stricken out was over
ruled.
Mr.. Wilson argued for the dispen-
sary law, speaking of the blind tiger
violations. This was simply to leave
the present act of the general assembly
of force. Character was not involved
in dispensary cases. This was simply
to allow the convention to say wheth-
er it would repeal the legislative act or
not.
Mr.. Johnstone stated that this was
simply threshing over old straw. he
was simply fighting for the general
principle in this matter. On his hon
or he had no fight to make on the dis
pensary law. He wanted no return
to the barroom system.
SENATOR TILLMAN SPEAKS.
Senator Tillman then took the floor
and after few preliminary remarks,
said:
Mr.. President-There is an evil we
will acknowledge, and that is that the
partisan or political feelings of men in
regard to this special law are such
that they will not abide by their oaths
and render verdict.
Mr.. Johnstone-Let me ask YOU
question in that connection. Would
you violate your solemn oath on ac-
count of political partisanshfp9
Mr.. Tillman-NO, sir.
Mr.. Johnstone-Why, then, would
you expect other people to do so9
Mr.. Tillman-I do not mean to ar