The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1896-07-29
The Governor Above the Law.

FLORENCE, July 25.-The pugilistic en-
counter between Judge Joaeph II. Earle
and Governor John Gary Evans before
an audience of Florence people, and 10
fact on the rostrum, where the Circuit
Judge, as it were, sits upon the Bench tn
hold the scales Of justice, has been the
topic of conversation from one end Of our
city to the other to-day.
It was a discraceful scene and Florence
will, ofcourse, be made to suffer for John
GARY Evans face being punched by
Judge Earle's left hand.
The row was started at Lancaster and
Lancaster is the place where the fisticuh
should have been "pulled off,"
Regarding the arrest of Judge Earle
and the attempt to arrest Governor Evans
the Florence Times Of to-day publishes
the following interview between Mayor
w. II. Uay and Chief of Police George 8.
Turbeville:
Yesterday afternoon upon an affidavit
signed by Chief of Police G. S. Turbevilie,
q warrant was issued sgainst Governor
Evans and Judge Earle, the partici pants
in the fracas at the Court House. Judge
Earle was found in his room at the Cen.
rral Hotel, the warrant was served, and
he deposited $40 for his appearance this
morning.
There was some question as to the right
of the town to arrest the Governor, but
acting under the advice of the city attor-
ney the mayor instructed the chief of
police to serve the warrant. The service
was made, hut the Governor treated II
with contempt and refused to be arrested.
He went to the depot to take the afternoon
train for Columbia, and there had sn
interview with Mayor W. II. Day. The
matter was not urged and Governor
Evans boarded the train.
Capt Day and Chief Turbeville were
seen this morning, and, as a result, exact.
| ly what passed between esch OF them and
| the Governor is given below:
Chief Turbevile said:
IT served the warrant on tho Governor
| and he refused to be arrested. He de-
| clined to recognize the warrant and gave
as bis reasons for 80 doing that he was
| the Chief Executive officer Of the State,
that I was State officer acting under
him as much 80 as any of his constables,
and that the only way to reach him Would
be through impeachment. He said that
he considered it great insult, and toio
me to take the warrant back and tell
| Capt. Day that be would take charge Of
hiln and the town. Others were present
and heard what passed"
| Capt. Day said:
"I told Governor Evans that I was
| sorry that it had become necessary to
issue the warraDt; that was acting un.
| der the advice of our city counsel, and
that there was no spite on the part of any
| of the CITY officials. G rvernor Evans said
that under the law ! had no power to ar.
rest him, and that if the lawyers 80 sd.
vissd it they know very little about the
law on this subject. or words 10 that effect
He said that he supposed 1t was spite
work, told him 1t was not; that we
were doing our duty and that nobody
had any spite against him
Capt. Day said furthermore: II did moi
urge the arrest because wsnted to ac'
as copservatively as possible. did no.
want the citizens to suffer from any In
discreet action on my part. The Cover
nor said that had no legal right to arres
him, and he, bTing lawyer, some doubl
WAS created in my mind. did not knc"
exactly where 1 stood. Though I was
advised by the city attorney l thought
that possibly he, having made, hasty
examination and naturally under some
excitement, may have been mistaken.
was in great doubt and preferred to erl
on the side of prudence"
Capt. Day, when asked what would be
done. said "If there is any chance under
the law to bring him to justice as any
other offender we will do it."
Capt. Day said in addition that he was
asked by citizens of Florence to withdraw
the warrant, but he did not do it.
Capt Day said furthermore that be
made no apology to the Governor, as has
been enormously reported.
Chief Turbeville said in connection with
Judge Earle's arrest:
II went to his room at the hotel. BE
said: 4 give up, am guilty before
had shown him the warrant. I told hin
he would have to put up $40 for his ap
pearance before the mayor. He said: i
do not appear, what thenr' I told hiu
his $40 would be ferfeited. AL right,
said he"
Last night Judge Earle's $40 was offered
to him, but he refused to take 1t saying
that he WAS guilty.
People from the country have express
ed themselves freely on the subjec'. One
farmer said that both should BIZ arrested
that he would have nothing more to d,
with the town II something were not done
in this case-Ne,pS and Courier.