The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-06-26

The preacher IS tharfor dinner. 1t can
all be fixed as soon as he can
shoot off the ceremony.
The old man was released. the cere-
mony was performed and the Miller
Blankership feud put to rest forever.
New York Dispatch.
A CHANGE OF VENUE GRANTED.
The DiSpcn>ary Cases Before Judge Euch-
anan in Charleston,
CHARLESTON, S. c., June 21.-I In
the Court of General Sessions yester-
day, Judge Buchanan presiding, the
chief matter Of interest was a motion
made by Assistant Attorney General
Townsend to remove the venue Of the
six cases for violation against the dis
pensary law, which were ignored by
the grand jury on Tuesday. The mo-
ton was made under Section 45 of the
dispensrry law, which provides: That
when any bill of Indictment shall have
been given out by the solicitor, or by
| the Attorney General, or an assistant
Attorney General. to any grand jury
in any county of this Stateat any term
of the Court of General Sessions there
in, charging any person or persons
with any violation Of any OF the pro
visions of the Statutes Of this State re-
lating to spirituous, alcoholic, malt or
intoxicating liquors, and such grand
| Jury shall, in the opinion of such pros
ecuting officer, from prejudice, caprice,
undue influence or other improper
cause, refuse to find a true bill there
on, it shall be then and there compe-
tent for such prosecuting officer to
| move for, and for the presiding Judge
70 grant. at his discretion, change of
Venue and place Of hearing and trial
at such stage of the proceedings when
such Judge is satisfied with the show
ing Of such prosecuting officer, to be
made on the minutes of the Court or
upon affidavit that a fair and impair
tial consideration cannot be had be-
fore such grand jury.
Messrs. Murphy, Farrow & Legare,
who represented one of the defendants
in the cases named, through Mr.. Far
row, resisted the motion for change of
venue. Mr. Farrow first made the
point that the State could not intro
duce affidavits Of witnesses as to facts
alleged to have occurred before the
grand jury. rs the proceedings of the
grand jury We're secret and inviolate.
Judge Buchanan held that the atli-
davits of what the witnesses had testl-
fled to before the grand jury were adj
missible, but that nothing said by the
grand jurors by way of question or
otherwise could be introduced.
Assistant Attorney General Town
send then made a number Of atlidavlts
from the witnesses who had appeared
before the grand jury, stating what
they had testified to in each case. The
witnesses were all members of the po-
lice force, who had acted in the capac.
ity of detectives, and testified that they
had obtained and paid for alcoholic
drinks at the saloons Of the parties In
dicted, or had seized alcoholic liquors
stored on the premises. The assistant
Attorney General also introduced an
affidavit of his own in which he stated
that in his opinion the testimony sub
mitted to the grand jury was ample to
warrant the finding of true bills III
each of the six cases selected and sub
mitted to them
Mr.. Farrow resisted the motion on
the ground that a motion for change
of venue could not be made by the
State until issue was joined. That the
ineuisition of the grand jury was no
part of the trial of a citizen, and that
the Constitution provided fora change
of venue only where it was made to
appear that fair trial could not be
Obtained. He said that he had been
unable to find a single case either
where State or the Crown had come
into Court and impeached the action
of its own grand jury, except in one
case in the dark days of Radical rule
in South Carolina, when such pro-
ceeding was had before Judge Moses,
and even then the motion was refused
on the ground that it was repugnant
to the letter and spirit Of the Constitu-
ton. The grand jury had ever stood
as bulwark between the subject and
the Crown and between the citizen
and the State.
Judge Buchanan, in ruling upon the
legal points made, expressed great
satisfaction that there was a Court of
review before whom all such questions
could be taken on appeal, and he ex-
pressed the hope that in a question of
so much importance as the present
one an appeal would be taken and a
decision by the Supreme Court OBJ
tained as soon as practicable. This
would be better for the State and bet
ter for the citizen. In ali cases where
the Circuit Court was asked to declare
an Act unconstitutional the Judge de-
clared that he was guided by the we'll
established rule that no Circuit Court
will lightly declare an Act unconsti-
tutioual, but will rather hold it con-
stitutional in order that an earl Y and
explicit declaration can be obtained
from the highest Court. He therefore
overruled the motion to declare an
Act unconstitutional and proceeded to
hear the argument and the facts.
After hearing argument from Mr..
Townsend in support of the motion
for change of venue on the facts
presented and from Mr. Farrow III re-
ply, the Judge granted the motion for
change of Venue of the six cases nam
ed and an order was taken transferring
them to Orangeburg County.
OfCourSe the Girls Won.
FOUNTAIN I'M. S. c.. June 1S.-Pro-
fessor Cox, who has taught the High
schools AT this place for the year end