The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-09-30
Juggling With the Courts.

The State printed yesterday COM
munication to A. S. Douglass. Esq,
of Winnsboro from Chief Justice Y.
j. Pope, embracing a telegram from
Former Judge o. W. Buchanan and a
letter from J. E. Mcdonald Esq.
The publication of those communica-
tions was to explain why, when such
was not the fact, Justice Pope made
the official announcement at Spartan
burg on Sept. Il, to q reporter that
s.the entire bar of Winnsboro has join
ed in the petition requesting the an
nulment of the regular term Of
court for Fairfeld-which would have
left Judge Townsend free TO bold court
at Lexington. Ten days go The State
alluded to this whole proceeding as
iugglery''-and the additional light
confirms that diagnosis. We then said ::
'Of course the chief justice is inno,
cent of q participation in q conspiracy
to defeat justice. We believe he has
been deceived, grossly deceived; vic
timized by those who, in desperate
fear of twelve honest men, will at
tempt to undermine the very founda-
tions of the State.''
We fear that the chief justice has
beer betrayed by a more cunning
hand than appears On the surface !;
there being double purpose-the first
to defeat justice, the second that Judge
Pope should be impaled on the spikes
in the pitfall as a punishment for a
former conscientious act.
Chief Justice Pope, on the first day
of September, signed an order assign
ing Judge D. A. Townsend to assume
the duties of Judge Gage, disqualified
by illness, and to hold the regular
terms of court in Kershaw and Lex
inton. At the Lexington term the trial
of j. II. Tillman for murder was to be
held. Judge Townsend presided at the
last term of court for Richland when
that case was last called and he
granted the change of venue asked for
By the defense.
The regular term of court for Lexing-
ton was to begin Sept 81, and the
regular term of court for Fairfield was
also to be opened on that date. In
December of each year the supreme
court assigns the circuit judges to
hold certain courts at certain places at
fixed times. They cannot be relieved
of an assignment so made except for
disability. If q judge is from any
cause disabled, the chief justice ap-
points "any other circuit Judge
DISENGAGED" to hold such
court; s'in the event that there
be no other circuit judge OLSEN
GAGGED" then there shall be ap-
pointed a special judge. a person
learned in the law. We have quoted
from the codifed laws of South Caro-
lima.
Now, besides, other courts to which
Judge Townsend was last winter as
signed, was that opening in Winnsboro
Sept. 81; therefore his assignment to
hold court at Lexington on the same
day that his duty required him in
Winusboro was ILLEGAL because he
was NOT DISENGAGED. Any con-
victions at Lexington would have been
invalid and the bar of Winnsboro were
of the opinion that proceedings at their
regular term, if not presided over by
the legally assigned Judge, Townsend,
would be void.
The State of South Carolina, through
the solicitor of the Fifth circuit, on
the ground OF illegality, protested
against Judge Townsend sitting at
Lexington. Counsel for the defense
assumed the opposite position. Why
was it desired that the clear, unmis-
taxable mandate of the law should be
violated?
= On September II Justice Pope wrote
the governor that he had excused
Judge Townsend from presiding at the
Kershaw court, recommending IN his
stead the appointm Of Judge Benet.
Sept. IA at hearing arranged IN
Spartanburg by the chief justice for
the attorneys for the defense not one
appeared. Solicitor Thurmond was
present in behalf of the commonwealth
and there we for the first time hear of
a proposition to obtain the presence Of
Judge Townsend at Lexington even if
to- secure his leisure the regular term
for Fairfield is moved out of the way
Justice Pope's authority for the state
ment that the lawyers of Winnsboro
were unanimous for calling of the
regular term was contained in an
eleventh hour telegram from O. ".
Buchanan, brother-inElaw of j. H.
Tillman, and, when the case had last
been called in court, active counsel
for the defense! -,n
Here is the Buchanan telegram to
the chief justice.
"a. E. Mcdonald. wrote you to
NeWberry Saturday. saying unani-.
nous desire Of Winnsbero bar special
term be held third Monday Oct.
Regular be called off.
Mr.. Mcdonald, after noting the re-
port that Judge Townsend had been
assigned to the Lexington court, wrote
to Chief Justice Pope:
"Under the regular assignment
made last December, Judge Townsend
would have been the presiding Judge
at our term for Fairfield, which 5 also
commences the 2lst instant-next Mon
day week. The memhers of our ar
are uncertain In the premises whether
or not our regular term will be held,
inasmuch as it has not been announced
whether or not some one will be as
signed to hold our court at the time
mentioned We have p full docket and