The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-09-26

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the Judgment Of the lower court; and
thereby declaring the lew either one
nav or the other.
Now as to facts in the case they are
about these: l walked up street late
,l.at afternoon and was talking to Mr..
John Cru,ppton, near the public well,
when we kept hearing a loud noise in
the direction Of the dispensary and
walked over there together, and when
got there saw large crowd in the
s!ispenssry and they were noisy aid
isterou:, in fact | never have seen
Il crowd usking more demonstrations
under the same circumstances, and
vouag Mr.. Haynes was in charge and
Ergl SD Kemtert was assisting him.
Now, I looked over the mob and
looked at Mr.. Haynes, and hs sp-
peared to ME to be confI ed and hardly
knew what to do. | told the crowd
that Twas Hember of the board Of
control, and unless they kept quiet l
would put them out and close up the
dispensary, when they replied. "Let
us have the goods and we will keep
quiet. We are ready 10 pay for the
whiskey and must have it." | then
had a short consultation with Mr..
Higgins, and We decided to suspend
the request book and let them have the
whiskey in a hurry. The request
book is one Of techinaiities that at
taches to the law and my opinion is
that the board of control in an emc:S-
encv like that, has the discretionary
power to suspend the request book
and 90 even further if necessary, even
to the closing up Of the dlspensary, If
in their Judgment the pubic good &C.
mands it, fer they are the three men
who have absolute control OF the dis
pensaries, and much is entrusted to
their Judgment under the law:
AS to any member If the board Of
control assisting the dispenser or his
clerk in times Of a rush is very COM
! mon, and is a mere matter Of choice
with him. Let me add that nearly all
the crowd in the dispensary while l
l was there we're negroes, there being
very few white men present. | was
there about half an hour, not longer
than that, and as 20 wha' occurred
after lef, l don't know. | left Mr..
IIayncs ami MIR. r m5elt in charge as
| had found them.
So far as Mr.. Lewis being sick IN
b,d is concc! md. that has nothing 10
4, n iih tie raSe> aS hi+ dsp"hSa"r was
running prior t. I u say a'd :e slcS
and wa Iul If e: t!a' and he 81 | in
bed. His clerk rep. esri ell him, ana
| have no doubt he had all confidence
il Mr. Haynes or he c-lta!nly would
not have entrusted him Win his bu>l'
hess.
lam prepared TO make oath that 10
shortage occurred while was at the
dispensary, as no goods Went out
without the money, but after | left
don't know what occurred. How
ever, at the meeting OF the board OF
control Mr.. Lewis reported 10 US that
forty-eight dollars and some cents
were turned over to him as the pro-
ceeds of that hours sales, and I can
| assure you that the largest part Of the
sales was smsllS bottles of cheap
wbiskey, 50 proof stuff.
In conclusion let me add that it
seems somebody IS after my scalp
from the array Of witnesses against
me. 1t seems to me that they are de-
termined that | shall not get away.
Don't get uneasy, gentlemen, l have
no idea Of running; am settled IN
this country and propose to remain
here. If have violated the law, /
ought to be convicted, but will never
plead guilty to any such 8 silly charge
/ when Mas-sinanlH- -disch arceiEcf IA ):
! duties as a public servant as l saw
| them.
AS to the action of the grand jury
in regard 10 the dispensary law all the
way through, must say l fully under
stand the great discretionary power OF
that body; it is something on the
order of the board Of control. The
grand jury IS a body created for a
high and holy purpose, and no man
has greater respect for them than l
have, yet don't propose to put them
on plane above criticism, and must
say that in my judgment they have not
acted consistently, because whenever
| they got on trail of dispensary coon.
they surely tracked him to his lair,
but when they struck trail of blind
tiger they couldn't smell worth a
cent.
Now, as far as I am concerned,
personally and individually in this
! matter, my conscience is clear, and my
skirts are clean. I have violated none
of the laws of my country, and / am
satisfied that WREN the proper time
comes I will be vindicated. Very re-
spectfully,
S. r. Rutland.
Rockton, S. g., Sept. q, 1895.