The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-07-11
YoUMANs WANTS EVIDENCE.
Says That Parker Testimony Was
Hearsay and That He Cannot Pros
ecute Dispensary Grafters on That.

Columbia, July 1O.-Mr. Leroy F.
Youmans, attorney general, was in
structed by Governor Hayward about
month ago to proceed with prosecu-
tons against certain dispensary Of
fcials Mr.. Youmans has been very
i'll since that time. Yesterday he
wrote to Governor Heyward, in eff
feet, that he could not proceed on the
testimony which the supreme court
ordered Mr.. Parker to give before the
investigating committee Following is
the letter to Gov. Hayward:
Dear Sir: 1t was stated in the Co
lumbia State Of June 8th that "the
announcement was made yesterday
that Governor Hayward had notified
the attorney general, Mr.. Leroy F.
Youmans, to proceed with criminal
prosecution against dispensary offc-
ials suspected of misconduct by rea-
son of the testimony Of Mr.. Lewis ".
Parker"
The testimony OF Mr.. Lewis W. Par
ker referred to is to be found in the
issue of The State of June 7rh.
On the receipt Of your letter, had
conversation with you, in which I
stated my views in regard to the most
important fundamental legal PROPOSE
ton connected with the matter.
AS the announcement referred to in
the issue Of The State Of June Sth
has been often iterated and reiter-
ated without any mention of what
transpired in the conversation be-
tween us, I think it proper to state in
writing briefly the position I then
took, and to which I still adhere.
It will be seen by reference 70 the
testimony Of Mr.. Lewis W. Parker, al
luded to, that it consists in the main
Of portions of what was said to him
in conversation by a Mr.. Lanahan,
who is a citizen and resident Of Mary
land, and whom our criminal courts
have no power to compel to testify to
the matters which Mr.. Parker says
Lanahan told him. SO much OF the
statement as relates to misconduct on
the part of the dispensary officials,
consists solely Of what Parker says
Lanalan told him (Parher), as hav-
ing been communicated to him (Lana-
han) by L. w. Boykin, a member OF
the dispensary board.
I did not then think, and do not
now think that anything revealed by
the testimony Of Mr.. Parker afforded
tenable ground on which any prosecu-
ton proper and necessary to vim
dicate the law could be instituted
against dispensary official.
Parties charged With the commits
sion of such offenses as are spoken Of,
can legally be arrested only on war
rants issued upon probable cause OF
the. commission of those offenses sup
ported by oath or Affirmation. (Con-
stitution, art. l, sec. 49, a warrant
is a precept under hand and seal Of
a person authorized to take UP any
offender TO be dealt with according to
due course of law; is properly issua-
BILE only upon affidavit, which affidavit
must accompany the warrant.
A prosecution at this stage of the
affair, based on the testimony given
would, in my judgment, be premature,
ill-adviser and unwarrante,l. 1t will
be remembered, too, that in the very
carefully prepared resolution, by
which the legislative committee was
appointed to investigate the State dis
pensray, the committee is to report its
findings to the general assembly. What
further developments may be had be-
fore TINS COnlInlCCSS j, OIL CpuISS, CdA-
not anticipate I have so often seen
ill-advised and premature prosecu-
tlons result in the miscarriage of JUS
tice that have found it very unsafe 10
depart from established precedents
and Ne,l-esta1 1lished practices. AS
understand from your letter, the in
vestigating committee has made no
report to you of this matter, and what
YOU saw in the public prints produced
before the investigating committee as
the result Of ruling of the supreme
court, is the manner in which the sub
iect was brought to your attention.
When the conduct of Black was re-
ported to you by the investigating
committee, as there was no affidavit
or sworn statement, 1 advised you not
to take any steps looking to his re-
moyal as member Of the board until
there had been at least an affidavit
or sworn statement of what objection