The Union times. [volume] (Union, S.C.) 1894-1918, 1905-10-27
IN THE MAYORS COURT.
Strange Proceedings Caused
indignation Among the
Citizens and Jurors.

Vic MAYOR court Tor the past week
have been for violations of the ordi-
nances prohibiting traffic in whiskey
and in every case convictions have
been the result, and nearly all have
been tried by a jury; several cases
OF gambling have also been tried.
But the most notable case was that
OF the incorrigible Bum Thomas for
selling whiskey, tried by a jury of
his own selection and sentenced to
pay a fine of twenty dollars or
twenty days on the city chaingang.
"A history OF this trial and the facts
and circumstances leading to it is
peculiarly interesting.
Monday morning there were three
cases on the calander Of the mayors
court, the case against Tom Farr
and Frank Brown charged with
gambling and the one against Bum
Thomas for selling whiskey. EARLY
Monday morning Mayor McNally
phoned to Joseph NJ. Austell, chief
OF police, that he was sick, and to
get Councilman Frank G. Austell
to try the cases before the mayors
court. Accordingly Mr.. F. G..
Austell was so notified and at the
regular hour went to the council
chamber and opened court. V. E.
| DePass, Esq, having been employed
by the law and order league to
prosecute such cases as we above
refer to, appeared to prosecute the
coses against Tom Farr and Frank
Brown for gambling and Bum
Thomas for selling whiskey. When
the case against Farr and Brown
was called, B. F. Townsend, ESQ.
announced that he was counsel for
Farr and Brown and had arranged
with the mayor to have the case
postponed until the following Mon
day.
Bum Thomas was in court and
was asked if he was ready for trial.
He replied that he wanted a Jury:
said he had no lawyer. A jury was
accordingly drawn, Bum making
his objections to the number allowed
by law until the panel was exhaust
ed. The jury was composed of six
good men, and the case was set for
trial at 8 o'clock that afternoon,
the hour then being nearly twelve.
At B O'Clock when the case was
called, Bum was present and the
Jurors who had been drawn, +. G.
Austell, mayor pro tenn, presiding.
B. F. Townsend, Esq, came in and
said he represented Bum Thomas
and wanted the case postponed,
that he had arranged with Mayor
McNally to continue the case. Mr..
DePass then said, why did you
not say that this morning?" Mr..
Townsend replied that he did not
then represent Bum. Upon that
reply Mr.. DePass called up Mayor
McNally over the phone and asked
him if he had promised Mr.. Town
send to continue the Bum Thomas
case. The Mayor replied no, did
not know Bum was before the court
for trial. Then Mayor pro tenn F.
G. Austell said we will 60 on with
the trial Of Bum Thomas. Mr..
Townsend said, You can try him
if you want to, but he won't stay
in Jail five minutes" and imme-
diately left the court room. The
case against Bum Thomas then pro-
cceded. They found him guilty
and he was sentenced to pay fine
of twenty dollars or twenty days
on the chaingang. The twenty dol
lars not being forthcoming, police
man took Bum to Jail and was met
with discharge for Bum signed by
Mayor McNally. This was stun
ner, and it was afterwards said that
at the time Mr.. Townsend remarked
that the court could try Bum, but
Bum would not" stay lin 'iail,'' hh''
Mri.'' Foewhsend, hads the said dis,
charge In his pocket, Mr.. V. Z.
DePass told this to Mayor McNally
and no did not deny It. This pro-
ceeding created great deal of in
dignation among the Jury and
several citizens who heard of the
case, and Mr.. DePass said that he
had been asked to join in a petition
requesting Mayor McNally to resign.
Bum Thomas is at large, under no
bond tor his appearance before any
court, although he is q convicted,
sentenced criminal. Ben Jeter was
also arrested some weeks ago charged
with selling whiskey. A good case
was made out against him by re-
liable witnesses, and when Ben was
brought up, a certain reliable gentle
i man ootI LOT pay, M II I'LL L. -