The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1909-10-05

has been any corruption among you,
but there has been serious indiscre-
ton, and the indiscretion is such that
If a verdict of guilty were rendered
in the case, under the authorities,
the defendant would be entitled to
a new trial.
II have to look at both sides of a
case, and l must look from the
standpoint of the State as well as
that of the defendant. If I allow
the case to go to you, with these
matters before me, as have been
brought out, the State would have
no redress whatever, if you find q
verdict of not guilty. The only thing
l see to do is to order mistrial
Of the case.
II am extremely sorry that this
thing should have happened, that you
should have been guilty of this in
discretion. Every precaution was
taken to see that you should be sur
rounded and protected from outside
influence, and that you. should have
every possible comfort while In at
tendance on this case. 1t appears
from what most of you have said
that you fully realize that you ought
not to be reading a newspaper In
the jury room pertaining to the case,
and If you had proper realization Of
your responsibility, as you ought to
have had, as soon as it was brought
to the attention Of any of the jury
that newspaper was in there 1t
,, should have been reported at once
to the sheriff; that would have Civ
en- encoura cement to the belief that
you did realize the responsibility
which is upon you as jurors; but
none of you did that; the foreman did
not communicate it to me.
1T is also on account Of the In
cident which occurred last night,
which I doubt if it be any more
than an indiscretion on the part OF
the Juror and on the part of the
young man who had the conversation
with him, but that in combination
with the other matter, your having
| had access to a newspaper and read
ing the newspaper in your room, and
Notwithstanding the strict guard
kept over you, these combinations
would tend to cast suspicion on any
verdict you might render, and II
would not be satisfactory to anybody
to have verdict from the jury >wher
this sort of things has happened.
Now as to what I shall do tc
you this is a matter. gentlemen, tha
I will have to decide; 1t Is a respon
sibility cast upon me. have NJ
hesitancy in knowing what to dt
with respect to the man who commu
nicated with the juror and shal
hold him and put punishment .upoI
him for contempt of this court, ant
as to the juror who allowed himsel
to be communicated with, who act
ually did not resent the communica
ton from the outside but actuall,
condoned that communication by i'm
mediately sending out communica
ton to the baliff, which was brough
to me, asking that the man be lie
out on bond instead Of resenting tina
communication. interference or con
versation with anybody from the out
side, which undoubtedly subjects tn
juror to serious criticism.
"As to that juror / will ask hin
to remain in the custody Of the court
| will make up my mind later II
the day the proper course to be pur
sued with reference to him. AS t
the other jurors, am going to dis
charge you gentlemen, am going t
let you go and withhold your pa.
certificates until 1 think about thi
matter seriously and earnestly, will
strict regard to what l ought t.
do in discharging my duty to the peo
Pile of South Carolina in this mat
ter. You all can go, with the eX
ception of Mr.. Perry, who lad th'
communication; you will not get you
pay certificates at the present.
will determine later on what course
l will pursue in resepct to what shal
be done about your case in this mat
ter.
1.-THE clerk will enter an order o
mistrial on the record, and all jurors
will be discharged from further at
| tendance without pay certificates
| except Juror Perry, who will remair
/ nthe custody of the sheriff. MIR
Dorm must also remain here, and
will dispose of his case. AS to A
r. Keith, do not see anything II
reference to his conduct for which
can hold him responsible. Yo;
can let him CO.
NEW TRIAL DENIED.