Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-07-13


rors drawn, all were reported found
except F. w. Drafin and T.. w. Nc
Keown, and the remaining thirty-four
answered as follows:
Lee Armstrong, ]. F. Lindsay, J..
Frank Ashe, ]. L. Williamson, w. h.
Williams. John C. Robinson, s. L.
Pursley, D. e. Durant, J. K. Hope, L
s. Kidd, ]. H. Davidson, D. c. Fergu-
son, G.. A. Wilkerson, w. N. Jackson,
w. A. Blanks, ]. H. Crenshaw, F. M.
Earle, ]. M. Love. D. L. Gallman, E,
v. Templeton, w. g. Plexico, j. e.
Gettys, J. T. Ramsey, M. E. Plexico,
]. T. Crawford, w. 8. Hogue, R. A.
Minter, T. A. Mcfarland, Henry Mas
sey, B. H. Massey, w. M. Gettys, r.
J. Mackorell, L. M. Howe, ]. B. Hogue.
After the organization Of the juries,
Judge Memminger made a few timely
and interesting remarks to the grand
jury.
He referred pleasantly to the fact
that this was his second visit to this
yy
years ago and that time like this,
to preside over summer term. II
was the rule at the summer term not
to do any more work than was abso-
lutely necessary. The usual custom
was to dispose Of the cases Of prison
ers in Jail and of such cases as seem
TO require attention.
He took occasion to remind the grand
jurors again that unanimity is not
necessary for the finding Of a bill.
If as many as twelve agree, then II
should be true bill; otherwise II
should be mo bill"
Among the bills sent up by the So
licitor was one charging assault with
intent to ravish, the alleged victim be-
ing a little negro girl. With regard to
such cases, his honor instructed that
1t was important that the grand jury
be exceedingly careful. 1t had been
his experience that such cases were
frequently brought into court without
sufficient Justification; that frequently
there was no merit in them; that the
underlying motive was spite, malice or
revenge, and when such was the case
the grand jury would do well to throw
them out. One Of the best tests Of the
merits of such cases Is immediate out
cry. Where the alleged case has been
kept hidden for period and then re-
ported, there Is reason to iufer other
than proper motives. His honor, also
cautioned the grand jury against too
quick readiness in finding true bills In
cases of assault and battery with in
tent to kill, high and aggravated ma
ture, etc. Many Of these cases are
such as could be more properly dis
posed of by magistrates. There are
others in which 1t Is almost impossible
to decide where the greater blame lies,
whether with the prosecutor or prose-
cuted, and where it is evident that the
petit jury could not approximate JUS
tice in the matter. Such cases may
very properly be thrown out.
The most striking feature Of Judge
Memminger's pointed remarks was his
reference to a noticeable development
Of false swearing, perjury In South
Carolina. He was not willing to say
that he had noted such a tendency very
strongly in this section; but he had
been impressed with 1t elsewhere to
such an extent that he considers the
situation alarming. 1t was noticeable
in both the criminal and civil courts
to such an extent that 1t Is beginning
to look as II opposing parties always
have friends who stand ready on the
spur of the moment. This practice
had become so common in some To-
calities as to threaten that the admin
istration of justice in the courts might
become a farce and the only way to
avert the tendency is by means of in
dictments and prosecutions Of perjury.
The matter should have the careful
attention Of grand juries everywhere.
1t Is not worth while to look for much
help from magistrates. For one thing
the proper preparation Of the papers
necessary to bring such case Is too
much for the average magistrate and
there are other complications that
operate against effective prosecutions
from this source. 1t would be well for
the grand jury as body to keep the
subject constantly in mind while the
sessions court Is in progress, and upon
getting information Of cases Of perjury
to Immediately call them to the atten-
ton Of the solicitor, who will draw the
necessary indictments. His honor
went on to advise that the grand jury
appoint special committee to have
charge of the perjury matter to look
after such cases as might develop,
while the grand jury Is not in session.
This committee might make it its bus
mess to give especial attention to false
swearing and bring all cases Of which
it may get knowledge to prosecution.
The tendency is one that should be
checked and there Is no better way to
check 1t.
The first case entered into was that
of the State vs. Hunter Crawford,
charged with assault and battery with
intent to kill, and carrying conceal
ed weapons. Crawford Is the negro,
who is accused Of having shot at DIR.
John I. Barron Of Yorkville, on the
Rock Hill road about two and half
miles east Of town one night recently.
The incident was reported at the time.
While driving along on his way to Wis
1t patient, Dr. Barron was fired on
twice from the roadside. He thought
he could identify his assailant as a
negro and so reported to the sheriff.
Sheriff Brown, Deputy Quinn and Con-
stable Sanders took the case up, and
finally ran the offense down to Hun
ter Crawford. The circumstances
went to show that Crawford was jeal-
Gus of a rival for the favors Of a ne
gro woman, and mistook DR.. Barron's
buggy for that Of the negro he wanted
to kill DR.. Barron had passed the
negro's buggy on the road. Otherwise
the negro would have been fired on
Il