The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-09-29
Chr Merald aud MeltJT
rHB JUDGE IN TILLMAN'S CASE.
Chief Justice Pope Makes Public Certain
correspondence Oh the Much Dis
cuSSed Subject.

SuSSSS
There has been a great deal said
and written about the assignment of
Judge Townsend to hold the Licking
ton Court at the time be was to have
held Court at Winnsboro, under a
previous appointment. Chief JUS
tice Pope, who made the appoint
ment of Judge Townsend, has written
a letter about the matter 70 Mr.. A.
s. Douglass, the senior attorney at
the Winnsboro Bar, and Mr. Douglass
has given the letter to the press. 1t
reads as follows:
"Newberry, September %, 10O3.-
A. S. Douglass, Esq, Senior Member
of the Winnsboro Bar, Winnsboro,
S. C.-My Dear Sir: 10 allay all mis-
construction of the acts of two mem
bers of the Winnsboro Bar, | enclose
you copies Of the kilograms of Judge
Buchanan and Of the letter Of Joseph
+. Mcdonald, to wit: Copy Of tele-
gram Of Judge Buchanan, dated
Winnsboro, September ID:
"'Hon Y. j Pope, Spartanburg,
$. c., care T. II. Trmmier, Clerk Of
Court: j. f.. Mcdonald, Esq, wrote
you to Newberry Saturday, saying
unanimous desire of Winnsboro Bar
thft special term be held third Mon
day in October. Regular term be
called off. O. w. Buchanan
"This telegram I received on the
morning Of Monday, the 18th inst.
before 1 heard the argument of Solic-
itor Thurmond. A copy Of letter Of
Joseph e. Mcdonald, which / re-
ceived on the evening Of tho l4th
inst, on my return to Saluda, N. G.,
on the same day l received Judge
Buchnnan's telegram, TO wit:
"Winnsboro, September 13, 1903.
Hon Y. }. Pope, Chief Justice,
Supreme Court, S c., Newberry, S.
C.-Dear Judge: 1t has leen pub.
lished in the newspapers that Judge
ID. A. Townsend has been assigned
to hold the term of Court for Lex
ington County commencing on the
2lst inst, owing to the inability of
Judge Gage, who has been and still
is indisposed. Under the regular
assignment made last December,
Judge Townsend would have been
the presiding Judge at our term for
Fairfield, which also commences the
2lst inst, next Monday week. The
members Of our Bar are uncertain
in tho premises whether or not our
regular term will be held, inasmuch
as it has not been announced wheth
or not some one will be assigned to
hold our Court at the time mentioned.
We have full docket, and it will be
impossible to have all the cases dis
posed Of at the regular term. In this
condition OF uncertainty | think it is
the unanimous wish OF our Bar that
in the event Judge Townsend will
not be here, the regular term 90 by
default as it were, and that we be
allowed to have a special term for
four weeks, beginning the third Mon
day in October. Will you, therefore,
kindly let me know if any one will be
assigned to hold our regular term &?
We would prefer the special term.
Yours very truly,
"'J. E. McDonald.'
81 made or passed no order OIL the
18th inst, but did pass an order ON
the 18th inst, as | recall the date.
l may add that both Mr. Mcdonald
and Judge Buchanan desire that
make public the respective papers
addressed by them to me. Very re-
spectfully, your obedientservant,
"Y. j. Pope"
1t is to be noted that the order as
signing Judge Townsend, who was to
have held the Winnsboro Court, was
dated September | and that the mo.
tion objecting to his holding the Lex
ington Court, in view of his Winns
boro appointment, was argued at
Spartanburg, Monday, September ID,
after considerable publicity. The
following telegram WAS not incorpor
ated in the letter of Chief Justice
POna hnt Xupa foloororkol ro.s.