The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-11-13
CHANGE OF VENUE.
ANIMATED DISCUSSION ON THE
JURISPRUDENCE ARTICLE.

ANIMATED DISCUSSION ON THE
JURISPRUDENCE ARTICLE.
Differing Views of Differing Delegates as
to the Place of Trial of Cases in Court.
COLUMBIA, Nov. THE session OF
;he Convention to day was consumed
m the discussion of parts of the article
on jurisprudence.
The article as reported by the COM
nittee contained, as part of section
3 these words: The State shall
lave the same right 10 move for a
change of venue that defendant
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 a
right as old as the magma Charter.
This is a great general principle that
oueht not be avoided for special cases.
It will be contended that in certain
cases of homicdes orriotsor lyncnlngs
there should be a modification OF the
fixed principle OF a thousand years.
He said that perhaps the course OF a
solicitor had been impeded by public
sentiment in 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 miscarrlages OF
iostice 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 pubic
oninion and amounted to something.
Nr ,Jobnstone was making strong
and able argument IN favor OF MS
position when the hour for taxing a
recess arrived, and the Convention
took a recess until tonight at 7:SO
o'clock. ~
1t 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-
ine that so revolutionary an alteration
should not be contemplated It was
his solemn conviction from his large
nractice that all the trouble arose on
the witness stand. Public sintment
sometimes influences juries, but 1t
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 tne
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 Tor
Chesterfield and the article on suffrage
were reported as engrossed.
Mr.. Bellinger, of Barnwel, SAID ne
felt it unnecessary to speak IN 1svor
of the report as it stood, as it had been
,assed by a large vote to a third read
inr. He spoke glowingly OF the aolI.
i;y and force OF Mr.. JohnsIoqe, ous
he you'd say that ~hr. Johnstone
reads history wrong as bearing on
this matter. He gave an extended re,
view of the jury system. He INSISTED
.hat the State ought to have the same
rioht as the defendant in the matter
of change of venue: -,
Mr. Geo. D. Tillman asked now
MANY changes of venue were granted
before the days of degenerate Radical
rule.
Mr.. Bellinger said he would reach
,b;s later on He said he never saw
Iawyer representing the defense who
did not think his client improperly
Mr.. Bellinger then referred to the
division of the people over the dlspen-
sary law. IL: g ba
didn't believe that the people woulo
he one on the dispensary system When
II went out in the Constitution.
Mr.. Bellinger said that be old not;
There was one county in his district
where certain men cculd never oe
convicted of selling liquor under the
slispensary law.
Mr. Bellinger then went on to say
that Mr.. Jervey had impressed HIM
that he believed that dispensary con-
vict;on could not be secured IN
Charleston county. >,
Strong speeches in favor OF Mr..
Johnstone's amendment We're mace
bv 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 pat the State on
footing with the criminal these elo,
ouent gentlemen got up and entered
their protest. 49,.
- The proposition simply meant that
this was merely a scheme to put the
State on footing with the criminal.
Mr. 6. D. Tillman-Do you think
that the State ought to have the same
opportunity as poor, friendless man
CHARGED with an offense-the state
With its unbounded wealth and IN
fuence2
Mr. Haynsworth said that the legis-
,ature could and would look to pay
the poor mans trial expenses. Mr..
tombstone wanted to know how 1t
would pay all these necessary eSpen-
sss of the defendant.
Mr.. Baynsworth said the poor man
so. TO much justice, if anything. !,
SIr. G. D. Tillman-l will remind
the gentleman that Jones of Ed geheld,
whose trial was changed to Lexington,
and who was finally convicted Of man
slaughter, was very poor man:
B r. Tillman. If the gentlemen
will allow me, I will help him by
saving that MIR. Jones had some OF
The richest men in Edefield county be-