The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1898-01-26
The ConstabuIary Pistol.


bold of any degree of crime in the
killing of Mr.. Tnrner naturally oc-
casiors some small surprise. despite
the rule that has obtained in such
cases, but he was tried by regular
Court and the verdict was that OF
twelve sworn jurors. and public COM
ment on the case is neither proper
nor profitable
Something may still be said, how
ever. regarding the deplorable trage
dy in which he bore so prominent a
part He claimed that the killing
was accidental. and was acquitted
accordingly. 1t is not improper to
suggest that such accidents" should
be made impossible hereafter under
like conditions.
The circumstances of the killing
are still fresh in the public mind and
need not be detailed at length. They
were. in brief, that Newbold and a
fellow constable were lying In wait
by the roadside, at night, for any sus
pected vioiators of the dispeusary
law who might pass their way. Mr
Turner passed with his driver, in a
buggy, was ordered to halt by the
two men, who were strangers to him,
and upon failing to comply with the
order was shot and kiIled-by acci,
dent The shooting iteelf was claim
ed tc be accidental. The constable,
standing in the read in front of the
running team, fred his pistol cover
the head' of the mule "to stop him, "
iuficiiog fatal wound on Mr. Tur-
ner, sitting in the buggy behind the
animal The line cf fire can be in
ferred from the course Of the ball, but
the accidental character Of the shot
has baen accepted by the jury.
The point we wish to make is sim
ply that it is not desirable condition
Of things when peaceable and law.
abiding citizen, travelling quietly
along the public highway on lawful
business, can be dealt with in this
strictly highwayman's fashion, by any
kind of Official. Every citizen is
assumed by the law to be innocent
of offence against the law until he
gives occasion for suspicion to the
contrary. He is assumed to be in.
nocent. indeed, even when be is
charged with an offence. on evidence,
until he is proved guilty. 1t is not
too much to require that even dis
pensary constables-with all the lat
itude that is allowed to them-shall
have some more definite cause of
suspicion against man, before inter.
fering with his liberty, than that he
is travelling the road which possible
law breakers would travel in pursuit
of their ends
The conditions in this State are not
such as to warrant so extreme mea-
sures in the enforcement of any
ordinary law. They are not such as
to warrant such proceedings as New.
bold and his companion resorted to
with Mr. Turner They are such as
to have impelled many men in his
place to have fred upon the two un-
known scouts at their first challenge
from the darkness of the woods
Their conduct was that of men bent
on mischief, or robbery, and timid
man, if not prudent one. would give
himself the benefit of doubt in the
circumstances. The constables, We
believe, proclaimed themselves as
such. Worse men, in their place,
intent on crime, could make the same
proclamation to further their evil pur,
pose. The average citizen cannot
distinguish between constables and
thugs in the night, nor even by day
light, when assaulted suddenly by
unknown men in an out of the way
place. If Mr.. Turner had killed both
the constables when they hailed and
halted him, there is not q, jury in the
State that would not have rendered
verdict of justi6able homicide.
AS it happened, one of them killed
bin, The one tragedy or the other
is liable to happen on every occasion
of the same kind We submit to the
1ou,okore that this ia not
desirable state OF things. and
that an end should be put to it at
once Constable Newbold has been
aquitted. 1t is to be hoped at least
that some effective steps will be
taken TO remove the occasion for
any mare such acquittals in future
We have had too many already
News aud Courier
The Philadelphia Press calls timely