The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-07-26
NOVEL QUESTION.
Probe Where to Try the Fallaws-
Mabus Was Shot in Aiken and
Died in Lexington.

ton was raised before Judge Charles
G. DantZler at Oran0cbur" under ha-
beas corpus proceedings brought out
by Mr.. E. F. Strother. Of Batesburg,
and Mr.. J. William Thurmond, Of
Edgefield, in the interest Of their
clients. who are defendants charged
with the killing of George ". Mabus,
near Batesburg several weeks ago.
It appears that Mabus was wound
ed in Aiken county. and died from the
effects thereof in Lexington county.
The coroner's inquest was held in
Lexington county and as a result two
Fallaw brothers were held as prin-
cipals and another Fallaw brother,
and young man by the name of
TAYLOR. as accessories. These defen-
dants were committed to and are now
in jail at Lexington. and Solicitor
Zimmerman has been preparing for
the prosecution. but the attorneys for
the defence insisted that the case be
tried in Aiken county, where the Of
fence was committed.
It appears that the Constitution of
1868 made no provision for such cases
and in 1880 the legislature passed an
act providing that when a person
should be wounded in one county and
died in another county, the defendant
should be tried in either county, it de-
pending on where the Indictment be
found. This act is incorporated in
the Criminal Code for the State of
South Carolina. is known as Section
10. and has generally been thought
to hold until the question just rails
ed.
Messrs. Thurmond and Strother
point out that the Constitutional
convention of 1895 says that "unless
a change Of venue be had under the
provisions of the article the defen-
dant sahll be tried in the county
where the offence was committed"
This is a new question in the Grim
inal courts Of the state and Judge
Dantzler did not announce his de-
cision but allowed Solicitor George
Bell Zimmerman, who appeared for
the state, three days to cite authori-
ties why the case and prisoners
should not be transferred to Aiken
county.
In conversation with the News
and Courier's correspondent Solici-
tor Zimmerman said the question was
a new one to him, but he rather
thought that the contention Of the
attorneys for the defence was cor
rect. However, he proposes to look
into the matter and see if the same
question has ever been raised before.
In event Of the prisoners and case
being transferred to Aiken the case
will pass from the jurisdiction Of So
licitor Zimmerman to that Of Solici-
tor Davis, Lexington being in the
9Th judicial district and Aiken in the
I'd. The act Of 1880, passed under a
provision Of the constitution Of 1868
and known as Section 119 Of the
Criminal Code. and which has sener-
ally been construed to cover all such
cases. reads as follows:
''When any person shall be struck,
wounded. poisoned or otherwise in
jured in one county and die thereof
in another any inquisition or indict-
ment thereof found by jurors of eth
er county shall be as good and effec-
tual in law as if the stroke, wound,
poisoning or other injury had been
committed and done in the county
where the party shall die. And the
person guilty Of such striking. wound
ing. poisoning or other injury. and
every accessory thereto. either before
or after the fact, shall be tried in
the county where such indictment
shall be found, and if convicted. pun
ishd in the same mode. manner and
form as if the deceased had suffered
such striking, wounding. poisoning or
other injury and death in the county
where such indictment shall be
found.'
However. Attorneys Thurmond and
Strother raise the question that Arti-
Gle 6. Section 2. Of the Constitution
Of 1895 nuulifed Section l19, Of the
Code Section 2. reads as follows:
''It shall be the duty of the gen.
eral assembly to pass laws for the
change of venue in all cases, civil
and criminal, over which the circuit
courts have original jurisdiction, up
an o oro,,or ehovino c,,n,,ortod h1,