The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-11-13
CHANGE OF VENUE.
ANIMATED DISCUSSION ON THE
JURISPRUDENCE ARTICLE.

Differing Views of Differing Delegates AZ
othe Place of Trial of Cases In Court.
COLUMBIA. Nov. THE session of
the Convention to day was consumed
in the discussion of parts of the article
on jurisprudence.
The article as reported by the com
mittee contained, as a part OF section
2. these words: The State shall
have the same right to move Tor a
change OF venue that detenaant
has,"
Mr.. Geo. Johnstone moved to
strike out these words. Mr.. John.
stone went on to explain the scope OF
his amendment and he insisted that
he was merely trying TO preserve
right as old as the magma Charter.
This is great general principle that
ought not be avoided for special cases.
It will be contended that in certain
cases of homicdes orriots or lynchlngs
there should be a modification OF the
fixed principle of thousand years.
He said that perhaps the course of a
solicitor had been impeded by public
sentiment in a county, but even IN
view of this the old and settled rule
was still best.
He contended that under this change
there would be more miscarriages OF
Justice than under the present system.
He went on to urge to remove the
case would not give as much ease in
getting witnesses as now. He contend
ed that public sentiment was public
opinion and amounted to something.
Mr.. Jobnstone was making strong
and able argument in favor of his
position when the hour for taking a
recess arrived, and the Convention
took recess until tonight at 7:3O
o'clock.
At the night session Mr.. Johnstone
resumed his speech, showing how the
existing law as to changing the place
of trial protected all interests, and urg-
ing that so revolutionary an alteration
should not be contemplated. 1t was
his solemn conviction from his large
practice that all the trouble arose on
The witness stand. Public sintlment
sometimes influences juries, but it
was better that it should be so than
have a man made a martyr to the
States machinery. There was no
need to desert the principle when the
civilized world is taking it up. We
are asked now for the first time in our
entire history to make this change.
The ordinance as to the bonds for
Chesterfield and the article on suffrage
were reported as engrossed. -.
Mr.. Bellinger, of Barnwell, said he
felt it unnecessary to speak in favor
of the report as it stood, as it had been
passed by large vote to third read
ing. He spoke glowingly of the abil
ity and force OF Mr.. Johnstone, but
he would say that Mr.. Johnstone
reads history wrong as bearing on
this matter. He gave an extended re-
view of the jury system. He insisted
that the State ought to have the same
right as the defendant in the matter
of change of venue.
MIR. Geo. D. Tillman asked how
many changes of venue were granted
before the days of degenerate Radical
rule.
Mr.. Bellinger said he would reach
this later on. He said he never saw
LAWYER representing the defense who
did not think his client improperly
convicted.
Mr.. Bellinger then referred to the
division of the people over the dispen-
sary law. :.
didn't believe that the people would
be one on the dispensary system when
it went out in the Constitution.
Mr.. Bellinger said that he did not.
There was one county In his district
where certain men could never be
convicted of selling liquor under the
dispensary law.
Mr.. Beilinger then went on to say
that Mr.. Jervey had impressed him
that he believed that dispensary con-
viction could not be secured IN
Charleston county.
Strong speeches in favor OF Mr..
Johnstone's amendment were made
by Messrs. Geo. D. Tillman, Burn and
Farrow.
AN INTERESTING CoLLoQUY.
Mr.. Haynsworth then took the floor
and said the law gave the criminals all
the protection and that was the reason
for so much crime. Every time the
attempt was made to put the State on
a footing with the criminal these elo::
quent gentlemen got up and entered
their protest.
The proposition simply meant that
this was merely scheme to put the
State on footing with the criminal.
Mr.. G. D. Tillman-Do you think
that the State ought to have the same
opportunity as a poor. friendless man
charged with an offense-the State
with its unbounded wealth and in
fluence?
Mr.. Haynsworth said that the legis.
lature could and would look to pay
the poor mans trial expenses. Mr..
tombstone wanted to know how it
would pay all these necessary expen-
ses of the defendant.
Mr.. Haynsworth said the poor man
got too much justice, if anything.
MIR. G.. D. Tillman-I will remind
the gentleman that Jones of Edgefeld,
whose trial was changed to Lexington,
and who was finally convicted ofman-
slaughter, was very poor man.
B.R. Tillman. If the gentlemen
will allow me, l will help him by
saving that Mr.. Jones had some of
the richest men in Edefield county be-
hind him.
CD. Tillman-I can say that l
know that Mai. w. T. Gary from
Augusta, who defended him, has never