The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1907-09-25
THE FRANKLIN CASE
Has Been Appealed to the State
Supreme Court.

This Will Postpone the Execution of
the Murderer for A Short Time
Only.
The Columbia Record says Judge
Brawley's recent decision, holding un-
constitutional the state labor contract
law, will figure largely in the argu>
ment before the supreme court on the
appeal, taken by the defense, from
the action Of the circuit court at
Orangeburg, which found Pink Frank
lin, colored, indicted with his wife,
Sad Franklin, for the murder, July
20, of Constable Henry Valentine,
and sentenced him to be hanged Oct
ODER Is.
John Adams, colored, lawyer of the
Columbia bar and professor in Allen
university, was the leading counsel
for the defense at the trial in Orange
burg and. it was he who brough up
the Brawley decision, doing so in one
of, his motions for a continuance, all
of which the court overruled.
Adams and Moorer raised three
constitutional objectio1s-two based
on the federal constitution and one
on the state constitution-and also
moved to quash the indictment, on
the ground of irregularity in keeping
fhe coroner's records.
One point raised was that the fran
chlse clause in tie state constitution
is IN violation with the act of con-
gfess or Jahuary1 is, 1868, which pro-
vited that after reconstruction the
states SHOULD remain in the union
with their franchise requirements un-
chahged:f
The main motion for a contin-
uanSe, howeser,was upon the alleged
Irregularities in keeping the coron-
er's records. 80,
1t WAS discovered during the trial
that the testimony given at the in
questftadsnot been kept in public
Office at the court house, although the
kaw requires, specifically, that the
E6riginsa record must be filed with
the, clerk o~fEcourt within ten days,
andsnfdst be~copfedi into a boo1 call
ed the book of fnadests; winch is
requifedto-be kept in the coroner's
Office at theteohrt house.
Adams made an affidavit that he
had searched for the record and 1t
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. Az
ter sentence had been passed, he serv-
ed upon Solicitor H%ildebrand notice
that the Ease 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-
PENDANT and his friends can raise suf-
icient funds, the al may be carried
to the supreme court of the United
States, upon the constitutional OBJ
ections raised.
The case involves some exceedingly
delicate points. The states whole
| cheme 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,
were the Ease not complicated by the
fact that 1t is based upon the killing
of a white man by a negro, the courts
would have little trouble in arriving
at a decision. The question the at
torneys for the defense are by impli-
cation asking is, will the supreme
court decide the matter upon the o
stitution, or will they be guided who'll
ly by expediency?
The defense also Is confident thai
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, justiiable In killing
one who tried unlawfully to arrest
him under it, or 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 a
condition analogous to that which
has lately agitated other states; a
direct clash and a resulting deadlock
between the state and federal courts.
Undoubtedly the federal authorities
will be heard from in case the state
courts attempt to set at naught the
decision of Judge Brawley.
The Record is unof1ciably but re-
liably informed that the representa-
tives in South Carolina of the United
States government already have their
eyes upon this Ease and will keep
themselves posted upon its successive
DEVELOPMENTS, with the purpose of re-
naming q~uiesent and allowing the
state courts to handle the case In
their own way, so long as they do not
conflict with the federal authority,
l.. "A anna ohnI11d THE