The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1907-09-18
MANNING, S. c., WEDNESDAY. SEPTEMBER 49, 1907.
THE franklin CASE
Has Been Appealed to the State
Supreme Court.
This Will Postpone the Execution of
the Murderer for \ Short Time

This Will Postpone the Execution {
the Murderer for \ Short Tim
Only.
The Columbia Record says Judg
Brawley's recent decision, holding ur
constitutional the state labor cortrac
law, will figure largely in the argu
ment before the supreme court on tn
appeal, taken by the defense, fror
the action of the circuit court a
Orangeburg, which found Pink Frank
lin. colored, indicted with his wife
Sad Franklin, for the murder, Jul
20, of Constable Henry Valentine
and sentenced him to be hanged Oct
ober 25.
John Adams, colored, lawyer of th
Columbia bar and professor in Allel
university, was the leading counse
for the defense at the trial in Orange
burg and it was he who brough VI
the Brawley decision, doing so in on'
of his motions for continuance, al
of which the court overruled.
Adams and Moorer raised three
constitutional objections-two based
on the federal constitution and one
on the state onstitution-and also
moved to quash the indictment, or
the ground of irregularity in keeping
the coroner.s records.
One point raised was that the fran
chise clause in the state constitution
is in violation with the act Of con.
gress of January Is, 1868, which pro-
vided chat after reconstruction the
states should remain in the union
with their franchise requirements un-
changed.
The main motion for contin-
uance, however, was upon the alleged
irregularities in keeping the coron-
er'S records.
1t was discovered during the trial
that the testimony given at the in
quest had not been kept in a public
Office at the court house, although the
law requires, specifically, that the
original record must be filed with
the clerk of court within ten days,
and must be copied into book, call
ed the book of inquests, which is
required to be kept in the coroner's
Office at the court house.
Adams made an affidavit that he
had searched for the record and it
could not be found; also that on the
eve of the trial he had an inter-
view with the coroner and that off,
cial admitted the book Of inquests
and the original record were both in
his residence in the country.
In all his motions to quash the in
dictment and for postponement, Ad-
ans was overruled by the court. At
ter. sentence had been passed, he serv-
ed upon Solicitor Hildebrand notice
that the case would be appeald to the
state supreme court. There is a pos
sibility that if the highest tribunal IN
this state should affirm the judg-
ment of the lower court, and the de-
fendant and his friends can raise suf-
fcient funds, the case may be carried
to the supreme court of the United
States, upon the constitutional OBJ
iections raised.
The case involves some exceedingly
delicate points. The states whole
scheme for the registration of electors
is questioned. and for the first time
Judge Brawley's recent decision,
which threw CONSERVATION into the
ranks of the planters, by taking away
the state labor contract law and leav-
ing them no hold upon their laborers,
is used as a defense in the courts.
There is no lodging the fact that,
we're the case not complicated by the
fact that it is based upon the killing
Of a white man by negro, the courts
would have little trouble in arriving
at a decision. The question the at
torneys for the defense are by impll-
cation asking is, will the supreme
court decide the matter upon the con
or will they be guided Who'll
Iy by expediency?
The defense also is confident that
the supreme court must either
hold that the warrant, which Consta-
BILE Valentine was killed in trying to
serve, was invalid, and that Franklin,
was, therefore, justifable in killing
one who tried unlawfully to arrest
him under it, OF must disregard and
defy the decision of the United States
Court, Judge Brawley presiding,
which held that the labor contract
law, under which the warrant was IS
sued, was unconstitutional.
It is, therefore, one Of the posi-
bilities of this most delicate and
troublesome case. that there may de-
velop in South Carolina shortly
condition analogous to that Wnlch
has lately agitated other states
direct clash and a resulting deadlock
between the state and federal courts.
Undoubtedly the federal authorizes
will be heard from in case the state
courts attempt to set at naught the
decision of Judge Brawley.
The Record is unofficiably but re-
liably informed that the representa-
tiyes in South Carolina of the United
States government already have their
eyes upon this case and will keep
themselves posted upon its successive
developments, with the purpose OF re-
naming quiesent and allowing the
state courts to handle the case IN
their own way, so long as they do not
conflict with the federal authority,
but OF stepping in at once, should the
prerogatives and the dignity OF the
United States tribunals of justice be
;mpugued or attacked.
GIVES Up THE FIGHT.