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

pliment to Major Gary and then wen
on to say that they were rot discus
sing the Jones case.
Mr.. Haynsworth was declaring tha
it was an important principle they ar
about to fix, when Mr.. Patton asket
him if he would haze il if this princi
pie had been applied to the ku klu
trials and the defendants had beer
tried in West Virginia.
He went on to argue that the Stat'
should be given justice. The question
of the hour was how can we secnr
convictions and stop crime.
AN EX-SOLICITOR.
Mr.. Gilland, who had been a solic
itor for four years, thought he hat
done his duty in trying the prisoner
by the form of law. He had to come
here to learn that it was the duty o
the solicitor to secure convictions
The solicitor had the whole power O
the State in his hand. If a man trans
ferred to another county coult
any one say he was able to reject hi
Jurors to the advantage of fairness
The prisoner was the man entitled tt
protection under the States power
Senator Tillman-Doesn't the very
fact that he rejects jurors show thai
he would get fairer trial in another
county where he knew no one2
Mr.. Gilland-If the change were
not made to secure conviction.
Senator Tillman tried to make 1t ap
pear that it was to secure a fair trial
Mr.. Gilland said that the advocate!
of the proposition had said it was "tt
secure a conviction" He took the
words out of their own mouths.
Mr.. Haynsworth asked him If i
were not the purpose of a solicitor tt
convict a man whom he believed gull
ty.
He said it was not a question of be
lief. .
Mr.. Bellinger asked him if he didn'
know that the Constitution allowed
Judges to grant changes of venue.
Mr.. Gilland replied that the ques
ton had never presented itself to him
Mr.. Bellinger-But dom you know
Mr.. Gilland--I do not. Do you
Mr.. Bellinger-The judge in the
Jones case so construed it.
MI. Gilland-Well whats the use tc
put it in here? :,
MIR. Bellinger said he would tell
him; that there were two clauses in
the article on the bill Of rights which
were evidently placed there in conse'
uuence of the action in placing a GER
tain man in the penitentiary, and q
like case about the right of trial by
Jury, etc. He wished to negative
these.
Mr.. Gilland-and that is exactly
what I'm objecting to.
FURTHER DEBATE.
Mr.. Prince spoke in favor OF the
Johnstone amendment.
Mr.. Connor moved to table the mo
ton of Mr.. Johnstone with a view to
cutting off all debate; There was a
chorus of requests to withdraw.
He refushed to do so until Senator
Tillman finally requested him to do so.
Several members were asking the con
vention to vote down his motion.
Mr.. Bellinger called the previous
question on the section.
Mr.. MCGOWAN then took the floor 10
minutes against Mr.. Bellinger's propo'
sition. He denied that there was any
danger of the dispensary offenders be-
ing acquitted in his county. In his
county it was enforced. He said that
even under the Constitution of 1868 nc
case had ever gone to the supreme
court to test this question of the
change of venue. The present system
had lasted for 700 years.
Mr.. Haynsworth wanted to know
how the people were tried before the
United States Constitution came in.
Mr.. Johnstone-They were tried by
the Indians. Uaughtet)
Mr.. Ragsdale said that blood was
thicker than water" and they should
remember that they were legislating
for their decentralization poor and
friendless sons perhaps. 1t were well
to weave solid fabric here-one that
cannot be broken.
Col. John T. Sloan wanted to enter
his protest against the reflection made
by the gentleman from Barnwell on
the honest jurors of South Carolina to
say that after they had been sworn on
the Bible, they would not bring in
verdict in accordance with the oaths
they had taken. Col. Sloan closed
with a vigorous, well-timed arraign.
ment of the bad features and effects OF
Mr.. Bellinger's scheme.
The convention then at II o'clock
adjourned until 10 o'clock this morn
ing.
COL. ALDRICH
The first speaker this morning was
Col. Robert Aldrich, who said that he
would do nothing to violate the rights
given under magma charta. Ordinarl'
" those accused of crime are tried in
the counties where they commit the
offenses, but sometimes public senti,
ment arises for or against the prisoner
or for or against the law. Then one
or two things have to be done. Either
to acknowledge that justice cannot be
had or to remove it to more serene
atmosphere. This was what is called
a change of venue.
Justice means one measure for all
that the scales must be held with an
even hand. This provision would be
unnecessary if we did not find such
instances that required the transfer.
We know that occasions doarise when
changes of venue are necessary, and
the committee did this with an inten.
ton of perfect equality. Il is only to
be had when the facts that make the
change necessary are supported by
affidavits.
Xn,, do not hnaak down ANYTHING