The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-09-23

tate the attendance OF GneSe WITNESSES
for ten days or two weeks at the coun-
tvs expense and that therefore the
reason was urgent that they be first
tried. This was fortified by petition
to Judge Gary of the same purport
signed by the county's fiscal officers.
Mr.. Sharpe of counsel for the de-
Tense followed with an argument on
the same line, declaring that he was
speaking not in the interest of the
Tillman case but in the interest Of the
county. He was associated, he said,
with Mr.. Earle in the Doyle case and
at the proper time would move for
continuance in that case. He was in
terested Professionally in nearly every
criminal case before the court and ne
knew the mind of the people-they
wanted those cases disposed OF.
Mr.. George T. Graham, also of the
prisoners Lexington counsel, argued
in similar vein, declaring that little
business had been done at the febru-
ary term while no court had been held
in June.
Solicitor Thurmond replied briefly.
He would be the last to impose a bur
den on Lexington county but to take
up the Tillman case Thursday would
impose no burden, for the witnesses IN
county cases would be excused for the
time an could draw no per diem and
mileage. It would be simple matter
to discharge them, for example, until
Monday, one week. The grand jury
and the fiscal officers were evidently
under a misapprehension of the facts,
though he did not doubt the genuine
ness of their solicitude for the coun-
ty's interests. Mr.. Earles' letter indl-
Gated, not that he wished his cases
continued, but merely postponed until
he could attend court next week. AS
to the undercurent of excitement men
toned by counsel, if it existed that
fact was an argument for the trial OF
the case causing it and so relieve the
tension.
"How many days do you expect the
Tillman trial to consume, Mr: Solici-
tori, INQUIRED Mr.. P. Fl. Nelson.
ssEihgt or nine,'' Mr.. Thurmond re-
piled.
Speaking for counsel for the de-
fense not members of the Lexington
bar" Mr.. Nelson continued, eve
have nothing to do with the differences
of opinion between the solicitor and
the Lexington lawyers. We are not
here toymake dilatory motions and we
are quite as anxious to go to trial, II
| not more so in this case, than the
prosecution. The main question is
| that next Monday morning another
panel of 36 jurors will be here drawing
pay at the ccunty's expense, with
nothing to do il. the Tillamn trial be-
gins this week. In addition to this,
the jury in the Tillman case might
perhaps be confined by his honor dur,
ing Sunday, and this also would add
| to the county's expense.
"We do not wish to be placed in
the attitude Mr. George Johnstone
said, "of interfering in this contro
versy between the solicitor and the
bar, the grand jury and fiscal officers
of Lexington county, Mr.. Nelson,
he added, had omitted to point out
that were the Tillman case commenc-
ed this week 12 Jurors who had served
from today would be compelled to
serve throughout the greater part OF
next week, and they were reasonably
entitled to expect their discharge from
duty at the end of the week. He COM
mented on the busy season Of the year,
declaring that two weeks absence
from private business was too much to
ask of the same jurors and that new
jury would be in service next week.
If commenced next week he hoped
and believed that the case could oe
concluded by Friday, at least with the
end of the week. Again suggesting
that the nonresident lawyers had
nothing to say in a matter between
the solicitor and Lexington lawyers,
he described the former as, speaking
for the Tillman case, in sense ''per-
soma non grata" to the Lexington
court, so long as Lexington interests
were at stake.
Promptly deciding the question, the
acting judge said Substantially I:
"There is nothing in the position
that outside lawyers or an outside case
are persona non grata' here. They are
properly and legally here and have the
same rights as other litigants When
case is reached for trial it should be
tried, in its proper place. However,
cannot ignore those considerations
brought to my attention solemnly in a
special presentment Of the grand jury
and in the request of the county's
fiscal officers, and I feel it my duty
to carry out their suggestions. Be-
sides, I cannot see that harm can be
involved in this course -
Mr. Efird arose and said that next
Monday would suit the local bar for
| the trial to begin.
Mr. Croft for the defense stated
that Monday would be satisfactory and
to this the solicitor assented. No
formal order fixing the day for trial,
however, was passed, and the court
adjourned merely with the under
standing that the trial would be un-
dertaken on the day named.
Few if any of the more important
witnesses either for the State or the
defense we're present yesterday. Ap-
parently, the crowd in town was not
| especially large and at no time was the