The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-14

rellglOn, lie ana properly IS al
optical delusion and disappears
as a mist before the Sun. If the
credibility of a witness can be
attack for the way he votes, il
will not need much stretching tc
extend it further. and attack his
credibility if he votes for a man
VINO mas opposed the Judge: Il
a citizen is not to be believed be.
cause he votes against the party
in power, the result will be, that
only the elect and their sup.
porters have rights which a
court of law is bound to respect
and protect. According to that
ruling a man who votes for an
opposition political party cannot
give testimony to protect his OF
any body else's rights, and such
a man might as well come for.
ward with all he has, and say Il
have sinned against thee, King,
take what I possess and spare
my life"
The constitution of the United
States was framed by patriots
who shook off tyranny, and
wrote in blood pledge to main
tain the act; that glorious docu.
ment beloved by every true
American citizen guarantees the
right to every citizen, without
abridgement, and without moles.
tation, to enjoy religious and
political freedom, and wherever
the flag Of this Nation is flung tc
the breeze, it is an emblem OF
freedom and shelter-where
every man has equal rights, an
is a man as long as he conducts
himself as such; when in 1895
the people of South Carolina,
adopted a Constitution that
document makes the very same
guarantees, and in it's opening
lines says: 1--WE, the people of the
State of South Carolina, in Con
vention assembled, grateful tc
God for our liberties, do ordain
and establish this Convention
for the, preservation and perpe.
tuation of the same"
Mr.. Livingston was asked by
Mr.. Nelson, Of Counsel for the
defense, if he did not vote for a
Republican, obi lection was
promptly made by the State, and
in arguing to the court Mr.. Mel
son gave as a reason for the
question, that he wanted to
show the witness was a Repub-
lican. or as Counsel put it,
s:whether he is a white man liv,
ing in a white community back,
ing a white man or a black
man. +" The court ruled the
question competent. The testi,
mony shows Livingston had
voted for Tom Johnson, a white
Republican of Sumter: and those
who knew johnson in his life
time, remember that while all OF
JUS disagreed with his political
views, he was held in high esteem
in business and social circles and
had the friendship of his neigh
bors, but it matters not who
Tom Johnson was, the dragging
of his name into the trial of
James II. Tillman charged with
a crime committed long after
johnson had departed this life
was a desecration of the dead.
and clearly Irrelevant to the
issue, and only for the purpose
of creating political bias in the
defendants favor, which we
doubt if an experienced Judge
would have permitted; but when
Judge Gary ruled it competent
and made the statement "under
our peculiar conditions down here
it may affect mans character. >
he virtually instructed the jury
not to credit the witness because
he is a Republican, ruling con.
trary to our conception of the
meaning of the Constitution OF
the United States, and of the
State of South Carolina, which
Judge Gary helped to make, and
which he swore to abey when he
assumed the robe of Office.
The effect of such ruling up
on the jury could only prejudice
the case of the State in favor OF
the defendant; it-was virtually
an order to the jury to discredit
the testimony of Livingston be-
cause he is a Republican, and it
would have been just as legal,
and equally as just, had he ruled
that 'sunder our peculiar condi-
tions down here it may affect a
mans character" because he is a
Jew. and thereby discredit the
testimony of August Kohn, and
as the defendant claims to be a
Presbyterian, all testimony Civ
en- by Methodists, Baptists and
Lutherans for the State, might
also be discredited on the same
line of reasoning.
It will be a solemn day in this
State when a man is excluded
from the rights guaranteed him
in the fundamental laW-to pray
and vote as his conscience die
tates. 1t is we'll known that in
South Carolina there are num-
bers of gentlemen who are ma