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 (Ae actlOHf Oh Hpecial
Judge 0. L. Schumperl. Of NcWb"tt.N.
in dismissing the militia from tic
court room in the trial at Spartan
burg Of the negro John Troy, cha:g-
ed with assault with intent to ravi5h
upon young white wonla1. When
the negro was brought into tie court
room he was accompanied by the mill
tia. who completely surrounded the
bar. 1t was then that Speciai Judge
Scin!mpert made his eloquent appeal
to the people Of Sparta';burS county
to uphold the law. stating that he
did not believe the presence of tee
militia in the court room was neces-
sary during the trial. Specir' Judge
Schumpert took occasion luriag his
remarks to pay tribute to ihe spirit
which had animated the militia i'll
responding to the c:ll Of the aard du-
t. which had been imposed upon them.
After Judge Schumpe;:t': remarks
the militia withdrew from the Court
room, and the trial proceeded without
special interest or ally evidence Of
excitement, and the negro Was prompt
ly convicted and given ths limit Of
the law-tni-'ty years n the State
penitentiary.
Judge Schumpert remarks appeal
ed to the people in tn cou; room, and
at one time there was Spontaneous
outburst of applause, wi;,'h Judge
Schumpert promptly and stern]y sill
enced.
Judge Schumpert said:
~ wish to say to the audience that
this is an unusual proceeding in the
courts of South Carolina-when ali
orderly court convenes for the pur-
pose Of carrying ont the law, enforc-
ing the laws that your lawmakers
have made-convenes in solemn ses-
sion-that it is necessary to have
armed troops in order that the maJes-
ty Of the law may be enforced. J.
knew nothing Of the presence Of these
troops-that is. the necessity Of the
troops here in the court room-until
they came into the court room, and l
do not now so regard it, that this is d
necessary precaution. I want to ap-
peal to the good sense and sound judg-
ment, 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 the
discharge of their lawful duty. am
going to sit here and do my duty, 50
far as I can, and, my friends, it will
be done, and done without the pres
ence Of our friends the militia here
know that when I appeal to Spar
tanburg audience this point
Judge Schumpert was interrupted by
applause, which, under his direction,
was speedily silenced by the sheriff
and his deputies). Judge Schumpert
continued: ''I am not making any
political speech at all. 1t is a solemn
duty am performing.
"And now I 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 coun-
ty, to see to it that the order and the
decorum which is necessary in the
conduct Of this business should be pre-
served, I knew that it would be done.
"And now / am going to ask the
sheriff f-because these are merely his
deputies here to have these troops
to assemble outside the hall, er any.
where else he may see proper, and t.
enforce the order and decorum Of this
court by his legally appointed depu-
ties. Now, mark it. my friends, al
the very moment any person, be he
who he may: attempts anything like
disorderly conduct, or makes any de-
monstration or commits any act
in the presence Of the court or any
of these officers, be will at once be
taken charge Of by the officers Of the
law and the serious penalty imposed
by that law will be inflicted But l
know that will not be necessary l
am appealing to the patriotism Of
these men here. For the sake Of youl
State, for the good name Of South
Carolina, yea, for the honor Of your
own wives and your own children,
he'll p me to do this.
II know by your silence and ~
looking you in the eye that this will
be done.