The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-11-13

man has higher respect for the SUI
preme court than he has for the legis
lature! When has any lawyer refused
to defend man because the law under
which he is being prosecuted is uncon
stitutional? I will tell you what has
brought about this change. They have
found that if the grand juries refuse tc
give true bill and the petit iuries re-
fuse to convict that the State will get a
change ifvenue The fear of the law
is the very best thing in the world tc
suppress crime. You can convict a
poor man anywhere if he is unable to
employ counsel, but you cannot, as a
general rule, convict a man who IS
able to employ lawyers and further
more to tamper with juries.
Mr.. Talbert-Don't you think that II
this provision obtains, and you drag
men from their homes, that you will
make enemies to the dispensary law?
Mr.. Bellinger replied by expressing
his confidence that theipower to change
the place of trial wonld be properly
used by the judges.
BARKER AND BELLINGER.
Mr.. Barker-Do you believe that a
man carried from Charleston to Or
augsburg county would have fai1
trial in a dispensary case, where the
political sentiment is prejudiced in ia
vor of the dispensary?
Mr.. Bellinger-Do you mean By po
| 1,+;oo 4i,oo,o4 tn fn~pe
the law at all hazards?
Mr.. Barker-Do you think it would
be fair to take man and carry him
from county which is in favor OF
lynching and carry him to county
where the political sense is against it
Mr.. Bellinger-Do you not believe
that man carried from Charleston on
a dispensary matter would have fair
trial in any other county OF the State:
Mr.. Barker do not sir.
Senator Tillman Then is not that
aconfession that he will not get justice
in Charleston2
Mr.. Barker-I am not making con
fession. sir.
Mr.. Bowman-Can a violator of the
dispensary gets fair trial in Charles
ton?
Mr.. Barker-He may and he may
not. You have assumed that the sent,
iment in Charleston is such that he
cannot get fair trial.
Mr.. Bowman-You have made the
same statementin in regard to Orange
burg.
Mr.. Barker-You have assumed that
he could notgeta a conviction in Charles
ton and want to carry him to a county
where on account of political prejudice
in favor of the law he can't get justice.
Mr.. Bellinger--Do you mean to say
that a man should be tried in his own
county even if it is known that on ac-
count of prejudice he is not going to
be convicted.
Mr.. Barker-Better let him be ac-
quilted then than to violate that fun
damental principle of American and
English liberty. You must not violate
the fundamental principles in order to
carry out the provisions of this law. ]
tell you it will come back to you if you
do. I sympathize with the sentiment
that has been raised against barrooms,
and am insofar in sympathy with the
dispensary law, but I DO not sympa,
thize with these provisions of that law
and the manner in which it is executed
in violating the fundamental principles
of American liberties in the matter OF
search.
Mr.. Bellmger wanted to remove the
impression that he and Senator Till,
man had gotten together and concoct,
ed this scheme to facilitate the enforce.
ment of the dispensary law.
Mr.. Barker had not intended to i'm.
pugn any such motives to him.
THE AMENDMENT ADOPTED.
Mr.. Johnstone's amendment was
then adopted by vote of II to 81.
MORE CHANGES.
Mr.. Efrd offered an amendment
which would take away the right to
change the venue except in civil cases.
Tabled.
Mr.. Stanyarne Wilson moved to
amend by providing that "the State
shall have the same right to move for
change of venue that defendant
has for such offences as the general
assembly may prescribe"
Mr.. Wilson spoke vigorously on
this motion, after Mr.. Johnstone's
point of order that it was the same as
the proposition stricken out was over,
ruled.
Mr.. Wilson argued for the dispen-
sary law, speaking of the blind tiger
violations. This was simply to leave
the present act of the general assembly
of force. Character was not involved
in dispensary cases. This was simply
to allow the convention to say wheth-
er it would repeal the legislative act or
not.
Mr.. Johnstone stated that this was
simply threshing over old straw. he
was simply fighting for the general
principle in this matter. On his hon
or he had no fight to make on the dis
pensary law. He wanted no return
to the barroom system.
SENATOR TILLMAN SPEAKS.
Senator Tillman then took the floor
and after few preliminary remarks,
said:
Mr.. President-There is an evil we
will acknowledge, and that is that the
partisan orpolitical feelings of men in
regard to this special law are such
that they will not abide by their oaths
and render verdict.
Mr.. Johnstone-Let ME ask you a
question in that connection. Would
you violate your solemn oath on &C
count of political partisanship?
Mr.. Tillman-No, sir.
Mr.. Johnstone-Why, then, would
you expect other people to do so?
Mr.. Tllman-I do not mean to ar
ray myself as better than anybody else,
but the proof is that the political feel
ing in Charleston County is such that
iuries- whether drawn honestly or
not-I think thew are cooked bv the