The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-13

/ jury mafcneQ III. or eacl Oh Tie Ill
dicuments they had found a true bill
They were handed two other indict-
ments in smaller charges and again
retired to the room. The judge Or
dered that Irby and Wright be
brought into the court.
Prisoners Enter Court.
Exactly at 1l.30 o'clock Irby and
Wright were Brought in between
files Of soldiers. The entire company
Of the Hampton Guards and the
Traynham Guards accompanied them.
Irby was placed at the desk next t.
the one occupied by Solicitor Sease.
He did not seem disconnected Oh
frightened in the least. The soldiers
stood up around the railing which
enclosed the bar. It was an imposing
sight to see so many uniformed men
in the court room with weapons i'll
their hands ready for service but it
was necessary precaution.
Judge Schumpert made short
talk before arraigning Irby. He said
that he knew nothing Of the presence
of the militia until upon his arrival,
that they were rot there by his Or
ders, but by the order of the COVER
nor that the majesty of the law might
be upheld. He said that he had mol
regarded it necessary to have the
militia. "And I do not now so re-
gard it as a necessary precautlon,'
said the judge "These soldiers are
of our own flesh and blood and the
task they are called upon to perform
is an unpleasant one to them.
"When an appeal is made from
this bench" he continued, ~ know
that it will be respected. I have con-
fidence in the law-abiding citizens OF
Spartanburg county, and Mr.. Sheriff,
I wish YOU would have the soldiers
dismissed from the court room.'
Judge Schumpert Cheered.
The crowd cheered Judge Schunl-
pert vociferously. Hesca1led for or.
der and said that he had not intend
ed to make a political speech. but was
simply appealing to the patriotism
and courage Of the people Of Spar
tanbulg county. He said the soldiers
lad sacrificed much to answer the
call of duty and he felt for them: HI
remarked that he hA heard Of some
of them even losing their positions
because they defended the negro IT.
by, and passed it up by saying thai
if he had to deal with the men who
discharged them they would be given
their deserts.
At l1.45 Irby was arraigned. Mary
Irby. his wife, stood beside the pris-
oner's dock. When Clerk Trim
mier read the indictment and the
question was put. Are YOU guilty?
Irbv answered: "Not guilty. He
said he was ready for trial.. When
asked if he wanted an attorney, he
replied that he did not know what
that was. When asked if he wanted
to see any one he said: II want t.
see my daddy" Peter Irby, the faith
er of the prisoner, was called and III
a few minutes respectable looking
old colored man appeared beside the
prisoners dock. A close consulta-
ton ensued between father and son.
Lawyer Named for Irby.
Judge Schumpert said that the
court had no power in such cases to
appoint an attorney to defend the
prisoner, but that owing to the pre-
vailing excitement he would ask that
Capt. VIM. MCGOWAN and Mr.. L. NJ.
Cantrell act as counsel for Irby and
see that he got a fair trial. Mr.. Can
trell was absent and Capt. McGoWah
asked to be excused. He said that he
had been brought up on such cases
ana that he thought he had done his
full share along that line. He said
that he felt so strongly in the matter
that he was sure he could not do
justice by the negro. He said that
in this he was not influenced by what
had been said in the newspapers OF
been scattered about in printed form
on the streets. Judge Schumpert re-
called an experience in which he waS
put very much in the same fix as Mr..
MCGOWAN. He said that he had been
called on to defend party when he
had oyDroSso5 himself STRONGLY