The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-11-07

! caillard: but, as I say, there is testl,
,oonv in the case-I do not care te
noint it out. because it might possibly
result in prejudice hereafter to either
ono Of the defendants, or both-bu'
there is testimony to sustain the
verdict I plainly and clearly charged
+he Jury that neither was charged IN
that Indictment as an accessory oe-
.fore or after the fact, and before they
conld convict either, they must be
! satisfied he was present, aiding, abet-
ting or encourag ging the commIsslon
Of the crime by the other, or that
he committed it himself.
There is one other matter that has
been brought out in this case, and l
want to correct the impression when
a. great many people entertain in re-
eard to the concealment Of crime. I
have heard counsel ask here IN
argument = and I do not bring
in any evidence - would you think
it necessary or proper for you
to communicate to the officers OF
tho law that crime Of this
character had been committed? A
moments reflection will show any
one that any good citizen ought to feel
it to be his duty and when he knows
a felony has been committed, to re-
port it TO the officials, and have the
felon arrested. That sentiment pre-
walls entirely too largely throughout
this country that one who knows
that q felony has been committed can
keen his secret to himself and say
nothing about it. It is not only his
duty as a good citizen, but if he fails
to do that duty, he lays himself liable
to the law, because there is crime
known as suppression Of felony, 1or
which he could be indicted and con-
yicted-if knowing that felony has
been con- mmitted, he fails to communi-
cate the fact to the proper authorities,
or if he takes steps to conceal it. In
q great many respects-not only that
we are drifting from the mooring OF
our forefathers in regard to the mat
ter of upholding the law, and seeing
that ali violators Of the law are
brought to justice That is the duty
of every good citizen. 1t was the
DUTY of the show and every man in
the show, as soon as they ascertained
that some man had been shot, and
probably fatally-to see that the gull
ty party was brought to justice, and
I am bound to think that there are
those with that show who could have
come here and thrown light upon this
matter. Why they have not Zone so,
+ know not. It may be possible, as
have said before, that they are afraid
to do it, fearing that if they come
and tell the truth their lives will be
in jeopardy. That is bad comment
on our civilization in this country at
this time. It ought not to be so.
The law under all circumstances and
at all times ought to be allowed to
take it's course, and he who advises
otherwise is a bad citiZen-I don't
care who he may be. Let him be my
best friend; he is not patriot, and
not lover Of his country.
e have this consolation, that neither
of these parties must suffer the death
penalty, and while the jury may have
erred in finding them guilty, or either
of them, if hereafter it IS brought
satisfactorily to the attention of the
Judge and Solicitor and the Governor
that the wrong parties have been COM
nited, I am sure that they will be
instantly released. I am sure that the
State of South Carolina wants no in
nocent man to suffer, and after my as
sociations with the Solicitor of this
Circuit, I have never known fairer
and more impartial and more judicial
Solicitor will say-a man who wants
to see justice done-not to win e.
dicts-not secure convictions, and I
am satisfied that he would recon-
mend the release of either or both Of
the men, if it is made to appear clear
ly to his mind that they are not the
guilty parties, whether the G@-;ty
parties arc ever caught or not.
AS the case is somewhat shrou6ed
n mystery, 1 cant rem >ve tse mys-
terry by granting another Trial l do
not think another trial would remove
it, and insomuch as the verdic- IS
sustained by the testimony, I think
- =; ,,,,- <7,,+1, II, ,af1ca tho motion for