Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-08-06
News and Courier In Reply.

fOllONlu6 IS luc ANo"S eAAN
editorial reply in connection with the
foregoing:
The action Of Judge Memminger In
dismissing jury at the recent term
OF the court Of general sessions in
York county because it had signally
failed to discharge its duty has COM
manded the attention and excited the
applause Of lawabiding people every
where throughout the state. This
Jury was impanelled to try a case In
which the defendants were charge.
with assault and battery with intent
to kill, and with carrying concealed
deadly weapons. The jury found a
verdict of not guilty on both counts In
the indictment, although it was ad-
mitted by the defendants themselves
that they had carried concealed wea-
pons, and the victim of their gun-play
was in court as exhibit A, so to say,
in corroboration Of this fact In dis
missing the jurors from further at
tendance upon the court Judge Mem
minger told them that If they saw
proper to acquit on the ground OF self
defense men who had shot other men
in the back, as the defendants had
done in this case, he could not help
himself, but that when 1t came to pass
that a jury would acquit men Of car
rying concealed deadly weapons which
they had not even denied, he would
not try any more cases before them;
and he did exactly right, however
much he may have offended the SEN
sibilities Of the members Of the jury.
We print a letter today from "One
Of the Jury" and also at his request
communication which he has made to
The Yorkville Enquirer on the same
subject in which he takes Judge Men,
minger sharply to task for his course
in this case. If any further evidence
of the unfitness Of this juror were re-
uuired than his failure to do his duty
when he was under oath to well and
truly try and true verdict give ac-
cording to the evidence in the case
against the prisoners at tke bar, 1t Will
be found in the two communications
which we print today. 1t would be
interesting to know whether or not he
Is the real author Of these letters.
We think that any defense Of Judge
Memminger would be impertinent, and
we are sure that no law-abiding man
in this state will regard the refiec-
tions made upon him by Zone Of the
Jury" as affecting in any sense the
true merit Of his manly dealing with
the jury in this case. The law Is very
clear on the question Of the impeach-
ment Of judicial officers. Section t.
Article Is, of the State Constitution,
provides that the governor shall re-
move any judicial officer on the ad-
dress Of two-thirds Of each house or
the general assembly "for any wilful
neglect Of duty or other reasonable
cause which shall not be sufficient
ground Of impeachment" The COVER
nor and all other executive and judi
cial officers are liable to impeachment,
and the law provides the method by
which impeachment proceedings shall
be conducted. 1t does not matter,
therefore, what our opinion may be
upon this subject, but If the members
of the jury in York county, which was
dismissed from further service, feel
that they have been unjustly dealt
with by Judge Memminger there is no
reason why they should not institute
Impeachment proceedings against him.
Indeed, we wish they would do so that
we might find out how it happened
that they failed to do their duty when
they were under oath Ito we'll and tru-
ly try and truly deliverance make" in
the case in which they failed utterly,
as we think and as Judge Memminger
thought, to perform their duty as
sworn jurors and as good citizens.
Zone of the Jury" suggests that Mr..
Grist, the editor of The Yorkville En-
qurer,, Ought to be not only charita-
BILE to those who carry concealed wea-
pons, but to jurors who fail to convict
those charged with this offense," be-
cause, as he alleges, Mr.. Grist admit
ted in open court that for eighteen
months he carried a pistol in his pock-
ct and carried it to prayer meeting
and presbytery," but, as we under
stand, Mr.. Grist was not on trial. The
grand jury of York county did not
indict him for the offense Of carrying
concealed weapons. The difference be-
tween Mr.. Grist and the defendants on
trial in this case was that the grand
jury of York county indicted the de-
PENDANTS and did not indict Grist.