The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, 1903-07-01
Judge Townsend Grants Change of
Venue from Columbia.
BUCHANAN ABUSES THE PRESS.
A Warm Debate Over the Selection
of the Place OF Trial. Lex
ingtOn County Finally
Chosen

Oiie OutIu MOuudy III ocpUeuDeT, uu-
less the defense obtains another con-
tinuance. The order for the change
of venue was made by Judge Town
send in the criminal court on Wednes-
day afternoon after the argument was
concluded and the place announced
Wednesday morning shortly after the
court convened. In making the an
nouncemcnt the court said that he
had given the matter much thought
and had finally determined that Lex
ington was the proper place to hold
the trial. The sheriff was ordered to
have the prisoner there by the second
week In September. Only the alidavitS
used In the change OF venue proceed
ingS were permitted to be filed, al
though the prosecution desired TO have
those filed also that were used i'm the
proceedings to obtain bail before Judge
Pope. We present below the argu-
mentS OF the attorneys in the case
after the atlidavits all had been read
JUDGE CRAwFORD'S ARGUMENT.
I'm the discussion of such Il case as
this the legal propositions should first
be given. This motion for change of
venue should not be granted unless the
showing is made very strong. Another
proposition is that the parties who
come asking for the change must have
the preponderance of the evidence; if
there be an equal balance then they
lose their case. The rule is that the
defence shall establish their point by
the prepOnderance of the evidence.
The question is, is the prisoner cnti-
tied to change of venue on account of
the local prejudice? And the defend
ant presents i'm Stereotyped forms aili-
davitS saying that Il fair trial could
not be had. The defence has presented
to you mass of atlidavitS, but there
are some among them who are people
of this county. The others belong to
the migratory class; that is, the mill
population. They are not people who
cannot speak for Richland County.
IIpon1ttihfitss line is the aae {saiSt iaS ias
defendant. Such atlidayitS declaring
nothing but the belief of the atlantis
have no weight in the determination
of the change of venue. The motion
must be accompanied by atlidavitS
based on facts, not beliefs; knowledge
not opinions.
Judge Crawford cited n number of
cases throughout the United States
showing that it is insufficient TO obtain
change on such opinions and beliefs
III such were the case a change could
be procured from one county to another.
and In this manner the case could be
carried on indefinitely. The law must
be resolved on principle and not mere
ly on the opinions OF everyone. Our
Supreme Court has repeatedly decided
that when a juror has been put on his
voir dire and declares that his mind is
unbiased that juror is perfectly compe-
tent to sit on the case.
1T was on account of these beliefs
and opinion atlidavitS that the Courts
of South Carolina in the case of the
State VS. Williams, declared, in 1923,
that change of venue can be granted
only when accompanied Oy ailidavitS
in which facts are given. Is the jury
of Richland County to he impeached
before they are put on their vOir dire?
Because Il few of the friends OF the vic
Tim subscribe to a monument fund
should it then be said that a fair trial
could not be gotten in Richand Coun-
ty? According TO the case reported in
Sth New Mexico the mere statements
OF the attorneys of the defendant
should have no weight with the Court.
That the venue Will not be changed
merely on the belief of the prisoner and
his friends that he can not get a fair
trial is specifically stated by Bishop.
We have shown to the Court by anida-
Wits that over one-half of the Jurors
drawn in this Court are from the
country districts of the county; there
fore, the articles published in the
Record could have no effect on them;
as this paper has no country circula-
tiOn. TIE accused has made objection
to the effect that the jury is made up
OF improper jurors. by the safeguards
OF the law this is eliminated in such a
manner that juror who is biased can
not sit on murder trial.
The aifidavitS of the prisoner relate
to the time when the blood of the vic
tim was still on the ground, but now,
after six months have elapsed, to say
that the people still harbor the malig-
nancy OF vengeanCe-ncVeri This peo-
pie in the rush of other occurrences
have almost forgotten this trial. They
bring extracts, written by a single cdi-
tor, and try to show that this indi-
yidual has influenced the jurors Of this
county. All of the witnesses for the
State say that fair and impartial trial
can be had. Four hundred and thirty
one atiidavtS have declared that if
there was any feeling against James III.
Tillman it has disappeared.
Mr.. Crawford then read the letter
from Col. Willie Jones, in which he
says that Tillman can get fair
trial. This is the only representative
citizen who has made an anidavit for
the defence" and he says that Tillman
can get a fair trial now. There has
been talk of violence to the accused.
Why, Col. Tillman walks in and out OF
this Court room with rs much safety
as in his mothers home. The sworn
statement of Senator j 9. Marshall
shows that there is as much feeling i'm
g.f l... IL.
county There was some feeling
against Col. Tillman at the time of the
killing, but this has subsidized now.
1t has been shown that nOtwith-
standing the fact that Mr.. n. G.. Con
Zales fought the accused in his race for
Governor last summer, Col. Tillman
received more votes than any other
candidate. The defence has presented
you about fifty afIidavits from citizens