The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1896-12-30
Seven COnstables in Jail for Murder
ask for Bail.

| very unusual lOT ulSEeus6iy ConSIoDieS
to be implicated in killing affairs. 1t is
natural sequence, it would appear, Of
the enforcement of the dispensary law by
a constabulary force. 1t is, however,
somewhat noteworthy that two contin-
gents of constables and their posses are
now in Jail in different sections of the
State, and that they are both anxious to
get out on bail to spend the Christmas
holidays. The day also developed anoth-
er curious fact in connection with these
killing affairs, the result of the enforce
ment of the dispensary law. The execu-
tive department telegraphed three of the
constables in Jail in Spartanburg to en-
ploy counsel and apply to the Supreme
Court for bail, while in Columbia Mr..
Townsend, in behalf of Solicitor Johnson,
was resisting motion for bail.
The facts of the killing of Kelly in
Chesterfield County are familiar to the
readers of the News and Courier. Under
the finding of the coroner's jury w. P.
Swinnie was charged with the killing,
and .Constables Geo. Just Brown, D.
Preston Douglass and J. H. Chapman
are held on the charge Of being accesso-
ries before and after the fact of the homi-
eide.
Solicitor ] ,hnsou asked Assistant At
torney General Townsend to appear for
him in the case, and Mr.. Townsend in his
argument presented positions that will
certainly be ofinterest. He said that the
evidence offered all showed that Consta-
BILE Brown did not take out warrant
and that he summoned posse to assist
him in the seizure of the contraband
goods Kelly was suspected of having in
his possession. Mr.. Townsend took the
position, and cited authorities and argu-
ment, that constable has no right what
ever to summon a posse 10 assist in the
seizure of contraband or other liquors,
especially when he has no warrant. If
| Constable Brown had had warrant Tor
the arrest of Kelly, then he would have
had the right to summon posse but he
certainly had no right to summon aposse
for the seizure of contraband goods, and
on this line he argued that the members
OF the posse were volunteers and respon.
sible for their actions. He argued that it
was not shown by the testimony that the
dead man had drawn weapon or that be
had any intention of using pistol. Mr..
Townsend said that Constable Brown
seemed to have known that Kelly was
coming with the contraband goods, and
he should have gotten out warrant, be-
fore attempting to do what he did, but on
the other hand he gets three volunteers
and stations himself along the road, and,
80 to speak, holds up Kelly.
Mr.. Kennedy, who appeared for the
parties soliciting bail, said that the con-
stables had common law right to sum-
mon the posse, and that as to the war
rant, that had Brown spent time trying
to get the warrant, Kelley and his liquor
would have escaped. The warrant, he
said, was gotten out as soon as possible.
He said that az soon as the men told Kelly
to stop that he, reached down to draw his
pistol, and that had the posse not shot
when it did some of them would certain
" have been killed, as Kelly was dan
gerous man, and had given warning that
he would kill the first constable or any
one else who intcrfered with him.
| The arguments We're longer than GUS
tomary, and at the conclusion Of the
speaking the Chief Justice announced
that the Court would take brief recess,
after which it would announce its decis-
ion, which was that each of the defendants
was entitled to bond in the sum of 81 500
| EACH
The other case Of constables wanting
to get out was from Spartanburg. Cons'a-
BILE J. A. May telegraphed Governor Ev-
ans to this effect:
"Crswford, Buice and myself in Jail in
Spartanburg. Please have us carried to
Columbia
The constables were telegraphed to EN-
ploy counsel and have him apply to the
Supreme Court for bail. The constables
are connected with the killing Of Simms,
| in the Ozark Corner" section Of the
State
The "great step toward prohibition"
commonly and more popularity known as
the dispersary, has been shipping out
from one thousand to fifteen hundred
cases OF liquor every day to supply the
Christmas trade. A large portion Of this
daily sale is to the dispensaries in Colum.
| bia.-Ne,US end Courier.