Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-10-09
character, and I take it that the re.
cords of this court are not to be trif1ed


not only reflect upon US as officers and
attorneys of this court, but there are
charges in this bill that are damaging
to us as individuals. The charge con-
tanned in the allegation marked 20"
"And your orators further show that
protection of your orators in the prem
ises at law involves a multiplicity of
suits against all said defendants, and
that all of said defendants are fuan-
cially irresponsible, totally insolvent
and unable to respond to any damages
whatsoever against them, or either OF
them, or any of them," etc.
May it please your honor, that bill
of complaint stands sworn to by MIR.
Bickart, who swears to the facts of his
own knowledge. Can we stand it ?
You have issued a rule returnable on
the 18th day of this month. cannot
permit, and I will not permit, allega-
tions of this character to stand un-
challenged against my colleagues and
myself for a single day. The allega.
tions of conspiracy is slanderous and
false and the allegations as to financial
responsibility is, as to some of us
at least, as false as can be, and it is as
damaging as it is false.
What I ask, may it please your hon
or, is that we shall not stand for days
before this court with a record like
this charging us with an offense, with
which if we be guilty I should not be
heard to open my mouth in this court,
and if my colleagues be guilty they
should not administer the Offices in the
state of South Carolina which they
hold.
When I read the bill of complaint
yesterday, feeling the outrage that
had been perpetrated upon US, feeling
it as keenly as I can express to your
honor, sent a telegram to his excel,
lency the governor and the state COM
missioner for authority to denounce
the charges as false and untrue, and
speak for my colleagues as we'll as
myself, that the charges of conspira-
cy between the officers of the state OF
South Carolina are absolutely and un-
qualifedly false.
I state to your honor now, as have
always stated, that the officers of the
state have endeavored in every in
stance in these proceedings to obey
every order issued by this honorable
court, and if this man who makes the
charge against us of conspiracy and
financial responsibility, to which he
swears, if he has in his possession any
proof, ask your honor to force him
to produce it at once in open court, or
hereafter stand the consequences of
false swearing.
On behalf of myself and the other
gentlemen who stand before this cours,
ask permission to make an imme-
date return, and at the earliest posi-
BILE moment, and that your honor will
at once grant to US right to clear
ourselves of the charges that reflect
against all of US as officers and as in
dividual citizens of the state.
Now I have naught to say which I
trust the facts would not entirely sus-
tain, nor would l state anything upon
mere suspicion but there is now
pending a proceeding in the United
States court of Georgia, instituted by
the same complainants as in this case,
in which it is sworn that there is a
conspiracy between the governor of
the state of South Carolina and the
Southern railway to suppress what
they say is their legal business. l
think they magnify their Importance
when they suppose that the state of
South Carolina is aiming all its guns
at their rum business in Atlanta. This
bill cannot, with my consent, stand
upon this record, and together with
the rule issued thereon possibly be
used in the hearing before Judge New
man, the district judge in Atlanta,
upon hearing there fixed for the 9th
instant. I earnestly ask your honCr
to hear our testimony in open court,
and am ready to testify, and my as
sistant on my left and the two gentle
men on my right, who are parties to
this bill, stand ready to testify. We
take this bill to be insulting and ab-
solutely untrue, and the oath thereto
is false. We ask your honor not to
have us forced to submit to these
things.
Those who heard General Barber's
speech, say it was an able effort. Every
sentence was delivered with telling
effect, and at the conclusion of his re-
marks, Mr.. Gadsden, of the firm of
Mordecai & Gadsden, who had made
the charge, explained that the bill had
been drawn up by his partner yaiust
his advice. Further, he went on to
say that he was sure that there was no
ground for the charge against the at
torney general and other state officers,
and be would take it upon himself to
withdraw the bill. The bill was &C.
cordingly Withdrawn and the trouble
was settled.