Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1902-07-19
THE UNWRITTEN LAW.

Solicitor Henry is nothing if not con-
sistent, and he Is as steadfast as he Is
consistent. That Is the opinion which
the York county people who have been
watching him during the last half doz-
en- years have formed Of him, and there
are not q few who claim that he Is, un-
questionably, the ablest and most ef-
fective prosecuting officer in the state.
But Mr. Henry has his troubles. and
not the least Of them has risen out OF
a long, steady effort to get the people
of his circuit, and especially Of York
county, out of certain traditional SEN
timents with regard to what Is popu-
larly known as the unwrItten law. He
has had two or three notable fights
along this line, and on more than one
occasion his nerve and moral courage
has been tested to the uttermost with
out suffering any from the test. And
he Is making some headway. The
court Of general sessions just adjourn
ed, furnishing a striking illustration.
There were two "unwritten law"
cases before the court, and by pecu-
liar co-incident one defendant was 4
man and the other was woman. Both
were Negroes. A Negro man invaded
the home of another Negro and was
shot by the injured husband. In the
other case, a Negro woman shot rival
who was supplanting her in her hus-
bands affections. Both were charged
with assault and battery with intent to
kill.
In the case of the man, the jury re-
turned a verdict Of mot guilty." There
was no confusion surrounding the fact
of the assault, however, or Of the in
tent. The defendant admitted that he
did the shooting and explained what
he did it for. Mr.. Henry made strong
appeal to the jury for conviction, but
without success, and the result stirred
him up to unusual earnestness In the
second case. In his speech to the jury,
he referred to the verdict that had just
been rendered, and denounced 1t as
miscarriage of justice. THAT jury" he
said, was sworn to bring in q verdict
not in accordance with sentiment or the
'unwritten law but in accordance with
the written law. The evidence was
plain, unmistakable, and in its failure
it proved it's unfitness to try such
case. We are here not to carry out any
10, hut n
sworn duty, and your oath requires
that you find your verdict in accord
ance with the evidence. If, after you
have done your duty you think this de-
fendant ought not to be punished, sign
a petition to the governor asking for
her pardon; but whatever you do, don't
violate your OATH"
1t was a powerful appeal and sting
ing one, and 1t evidently had it's effect.
The natural inclination of the second
jury was to bring in a verdict of not
guilty, as the first had done. Instead
Of that, however, the jury went into
the room during the afternoon, and
sweltered in the heat all through the
night until next morning, when it re-
ported it's inability to agree. and the
Judge ordered a mistrial.
There was some consolation In
that" said Mr.. Henry, speaking of the
matter afterward. THE jury has my
sympathy in both cases. would not
want to see either one of those defend
,,,, ,,o;etad opd IN oaSe Of their con-
viction, I would have gladly joined In
a petition to the governor for their par
don. But we are not here to try cases
on sentiment. That Negro man was
guilty and should have been convicted.
The woman is guilty also, and she
should be convicted. The only remedy
we have in cases like this, Is to appeal
to the governor for mercy"