The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-17
THE sPARTANBURG INCIDENT.
Special Judge Schumpert's Remarks
In Dismissing Armed Militia
From the Court Room.

ment upon the acti6R Of Special
tladge 0. l.. Schumpcrt, of Nowb4rry,
i'll dismissing the militia from the
court room in the trial at Spartan.
burg Of the negro John Troy, charg-
ed with assault with intent to ravish
upon young white wonlan. When
the negro was brought into the court
room he was accompanied by the mill
tia, who completely surrounded the
bar. 1t was then that Special Judge
Scn'mpcrt made his cloquent appeal
10 the people Of SpartaTburS county
to uphold the law, stating that he
did not believe the presence of tic
militia in the court room was necey-
sary during the trial. Speci,l Judge
Schumpert took occasion :luring his
remarks to pay tribute to tic spirit
which had animated thc militia in
responding to the call Of the aard du-
t. which had been impo scd upon thenl
After Judge Schump..'i > remarks
the militia withdrew from the cu,:r;
room. and Tie trial proceeded without
special m't."St or any evidence Of
excitement, and the negro WAS prompt
~ convicted and given the limit Of
the law-tni'ty years n thc State
pcnitcntiart.
Judge Schumpert's remarks appeal
cd to the people in th cou , room, and
at one time there was Il spontanco,,s
outburst Of applause, wn;,h Judee
Schnmrcrt promptly and st2rnlv sill.
cnccd.
Judge Schumpert said:
~ wish to say to the audience that
this is an unusual proceeding in the
courts Of South Carolina.-when an
orderly court convcncs for the pur-
pose of carrying out the law. cnrorc-
ing the laws that your law-makcr,
have madc-convrne in solemn scs-
Sl"n-that il is necessary to have
armed troops in order that the males
~ of the law may be enforced. /
knew nothing Of the presence Of these
| tr"ops-that is. the necessity of the
troops here in tho court room-until
they came into the court room. and |
Ito not now 50 regard it. that this is It
| necessary precaution. l want to ap-
peal to the good sense and sound jude-
mcnt, ah! the patriotism Of the law
abiding people Of Spartanburg coun-
ty to uphold my arm and the lawfully
constituted officers Of this court in ih,
discharge Of their lawful duty. l am
going to sit here and do my duty, 50
Ear as | can, and, my friends, it will
be done. and done without the pres.
cncc Of our friends the militia here.
] know that when | appeal to a Spar.
tanbur9 audience c'-(at this poin,
Judge Schumpert was interrupted b>
applause, which, under his direction
WAS speedily silenccd by the sheriff
and his dcputies). Judge Schumpert
continued: 81 am not making any
political speech at all. 1t is a solemn
duty am performing
And now [ wanted to say that !
knew that whenever I appealed from
this bench, or any officer of the law
appealed to the lawabiding people,
the good people Of Spartanburg courl-
ty, to see to it that the order and the
decorum which is necessary in the
conduct OF this business should be pre-
served, | knew that it would be done
land now | am going to ask the
Shcrlff-bccauSc these arc merely his
deputies hcrc-to have these troops
to assemble outside ihc hall, ~ any.
wnere else he may sec proper, and t.
enforce the order and dccorum Of This
court by his legally appointed dcpu-
TIES. Now, mark it, my friends, al
the very moment any person, be he
VII" he may, attempts anything like
d'sorderly conduct, or makes any de-
monStratlon or commits any act
III the presence of the court or any
OF these officers. he will at once b.
taken charge of by the officers of the
law and the scrionS penalty imposed
by that law will be inflicted. But |
know that will not be necessary. I
am appealing to the patriotism of
these men here. For the sake Of you
State, for the good name Of South
Carolina, yea, for the honor of Won,
own wives and your own children.
help me to do this.
! ~ know by your silence and by
looking You in the eye that this will
be done.
/ - Nh SLnr:G l..