The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1899-04-12
CHANGE OF VENUE.

Not Safe for Crawford to 60 to Tria
in City Where Opposition to In.
Dispensary IL SO Strong Court.
Ineffective Where Liquor Con
stables are Concerned.
Special to the Greenville Daily News.
Columbia, s. c., April 10-Judge Watts to
day, after argument, granted Constable Craw
ford, who killed Mrs. Stuart here, change
Of venue and let the case go to Kershaw coun
ty. The defence alleged that 1t cou Id not gel
affldavits to the effect that a fair trial could
not be had here.
The aftidavits were from Walter N. Kirk
land. Secretary of State Cooper, Com omission
tentiary Guard Westheld, John b. Lack
shipping clerk of the dispensary, M. Stevens
of Gafney, j. g. Cooley and j. G. Dorm, who
we're under indictment with Crawford, John
7. Duncan, II. z. Harris and Sheriff McCravy
The whole OF Crawford's case is act forth IN
his affidavit which was in substance that be
doesn I believe that he can get a fair and i'm.
partial trial and asks that the case be sent to
another county. But tor the protection given
him and the other constables by the sheriff
and bis deputies, the mayor and the police.
men and the ilitary, he believes he would
have been lynched. The shooting Of Mrs
Stuart has greatly intensified the deep feel
ing heretofore existing against the constables.
The feeling had been further intensified by
the publication Of the articles In The State
and the Southern Christian Advocate. The
people generally in sympathy with the viola
tion OF law and he alleges that defendants In
dispensary cases have been acquitted, not
withstandlng the positive evidence OF their
guilt given against them by the constables.
Cases have been disposed OF even when de-
PENDANTS themselves admitted facts which
were In violation of the law. Merchants and
reputable citizens had admitted also, he was
Informed, that the constables could not get q
fli ir GnlnnohiQ thew 6acltnad
make affidavits because they feared 1t would
injure tn m In their business. Finally he
alleges that II he should return TO Colu mbia
his life would be In jeopardy even though he
came to stand trial.
This completes the afidavits of the side OF
the defendant, but Mr.. Thomas read extracts
from the local and editorial columns OF The
State which he held were calculated to
prejudice public sentiment against the con.
stables in this particular case. He also read
an extract from the Christian advocate To
show the same thing.
Sheriff McCravy testlfies that he had been
here frequently and OF his own knowledge
knew there were daily and open violations OF
the dispensary law as In no other place in the
State
The State offered thirty-six afidavits from
citizens that the constaoles could get fair
trial here and that there was no reason for
q change OF venue.
an off hand manner. He said that this was q
very delicate matter for him to decide. Be-
cause of It's delicacy it was all the more Inn.
portaut that the issue should be squarely met
and IL was his duty TO decide the issue with all
Of the information he had.
The motion for change Of venue was asked
for, he said, on two main grounds. II was
a very serious thing to change the venue on q
case. 1t INVOLVED great deal OF trouble and
great deal of expense On the other hand,
the constitution guaranteed TO every man
a fair and impartial trial, and ifit has been
shown that such cannot be secured in this
10 n
II the contrary has been shown the motion
should be denied. In the first place 1t Is
alleged that prejudice in this county Is 80
strong that a fair and impartial cannot be
that this spirit OF bitterness and violence was
shown by mobs which gathered In front of
the magistrates office on the night OF the Kill
ling And kept the prisoners there confined
from or 8 O. clock next morning.
In reference 10 the sentiment here In regard
to constables he. said that he had been here
two years ago and that his recollection was
that onvictlons had been secured In dispen-
sary cases. He said that he supposed there
were here, like in pretty much every CON-
munity, some few men who were opposed to
any and everything connected with the dis
pensary. Then there Is another class which
stable searching mans private residen ce for
LIQUOR and In this case IL is alleged that Craw-
ford and his fellow constables searched or
tried To search the house of citizen-a dwell.
that woman had been killed while this was
going on and, people, some Of them. went
wild, SO to speak. with indignation and
lynching.
This, Judge Watts thought, was not surprls-
Ing and had II not been in city with mill.
tary company and with policemen and de
officers he had no doubt that there
would have been lynchlng. He went on to
say that every man Is presumed to be In
nocent Of crime until he be proved guilty and
In the eyes of the law Crawford was innocent
and If there we're threats against him as alleg.
ed and the feeling was intense against ~ hi9. II
as q Judge to protect him and see that he had
4 fair and impartial trial. II he. as Judge, ran
Crawford into danger that should not be
incurred he would feel himself guilty and he
felt satisfied that all the people wanted justice
and justice alone. This Is a city OF some 25.OOO
or 10000 people and the fact that only rs or 80
affidaYits we're presented by the prosecution
TO show that fair trial could be secured here
aid not indicate any unanimity Of feeling,
and the sheriff and magistrate In front OF
whose office the mobs congregated have no
affidavits, and altogether 1t appears that as IT
was only a month ago that there was mob
be dangerous to have the trial here, and no
sufficient showing had been made that there
had been such decided change In months
time. He therefore granted change OF
venue and the case is set for Kershaw county.
The court meets in Kershaw on the first
Monday in June The necessary orders for
the change OF venue were prepared.
At the conclusion OF the hearing on the mo-
ton for q change Of venue Mr.. Nelson moved
that Thursday OF the present week be set for
the trial of the Meetze murder case in which a
mistrial was entered Sunday morning.
Solicitor Thurmond said that he had great
many other cases that he wished to dispose OF
at this term OF court. Otherwise he would
have no objection to taking up the case at this
term. Judge Watts replied that he would
not have a second hearing Of the case at this
term of the term court.