The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-07-10
A New Departure in Law.
Judge Townsend's Ruling as
to Jurymen.
No Man Opposed to the Enactment
of Law to be Trusted With
the Trial Of Offenders Against
the Law.

the Law
COLUMBIA, July s.-The dispen-
sary law has brought forth some Gu
rious law and rare judicial holding.
Some of the views of the new judi
ciary have, to say the least, been
orthodox, but of the new members OF
the Bench Judge Townsend stands
high on account of his independent
course While connected with the
Administration To-day he took a
position in regard to the competency
of Jurors that is something unusual at
this Court, and one which, if continu-
ed. will have considerable effect on
certain lines In word, jurors who
were opposed to the dispensary law,
but who we're not opposed to it's
enforcement, were stood aside by the
order of the Caurt.
The Court stenographer was asked
for some of the instances to indicate
the policy OF the Court
rs. G. McQuarters. opposed to The
law; not opposed to the enforcement
of the dispensary law. With his
opposition to the law could go on
ury and give verdict accord ing to
the law and evidence, and was able
to give the prisoner any reasonable
doubt.
Mr.. McMaster submitted that the
juror was competent.
The Court: II do not think he is
disinterested," and ordered the juror
to stand aside
ID. Frost, H Joyner, J. F Will
liars and Messrs. Livingston and
Fraylick were stood aside on the
same grounds,
Mr. Milton Levert, who is quite an
old man. "was opposed to the man
ner in which the dispensary law was
being enforced, but could give ver-
dict according to the law and evil
dence aud would not allow mis- oppo-
sition to the dispensary law to
actuate him in his consideration Of
the case y
Stood aside by the Court.
This was the course of the State in
the case of Bill Beatie. who was
charged with selling liquor in viola
ton to the dispensary law. Beatie
was tried once before and the jury
after being out all night was unable
to come to any conclusion.
The opposition of the jurors to the
law, more expressed by some than
by others, prevented a jury being
drawn from the first panel. so an
extra venire had to be drawn and the
Court took recess until 3 clock TO
get jury to try poor negro.
1t will be noted that the run of
convictions have been Of poor color
ed men
Assistant Attorney General Town
send was iu Court for the purpose Of
cooperating with Solicitor Nelson in
the prosecution Of the case. He
says that he is after bigger game,
and it might be noted that some
other cases like that against Bowen
are likely tc be heard from if certain
whisperings are to be counted.
Mr.. McMaster. who is :he counsel
for the colored man, has had ob]ec-
ton noted to the rulings of Judge
Townsend, and if there should be
need for it expects to appeal from the
decision of the Court.
At the afternoon session OF the
Court the extra venire tina. had been
summoned to try the negro, Bill
Beatie appeared John L Casey,
Chris Jacobs, 7. B Aughtry, Don
Harrison, E. E Calvo, W n. Abbot,
Jeff Espotono, Harry Wallace. s I.
Hendrix and j klinebeck were stood
aside on the grounds of their Oh
lection 10 lilS Id" III WV S'"
another. Mr.. Shuler was accepted.
After Alderman Trump had been OBJ
iected to on the ground that he was
opposed to the law, and the venlre
was exhausted, the State announced
that it would accept Mr.. Trump
rather than have to summon another
venire ,lr McMaster objected to
Trump on the ground that he had
been presented and was made to
stand aside on the very ground that
others had been made to stand aside,
and that he could not be recalled.
The objection was overruled aad Mr.
Trump was made foreman of the jury.
In the argument Mr.. McMaster
called attention to the undue efforts
made to convict in such cases That
in the ordinary run of cases the State
did not appear, but in this case tue