The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1909-03-24
Koewee Courier.

kOeWee COURIER.
Last Saturday Judge Shipp rendered his de-
cislon on the motion for change OF venue tp
the Palmer murder case. Following Is the
order in full:
THE State of South Carolina. County Of Geo.
nee. In Court OF General Stsalons. .ine
Charles B. Palmer and j. B. P~almer.-Case
No. Murder. The State vs.. Robert NJ. Bel
cher, Lou BeIcher, Charles b. Palmer and j.
B. P~almer.-Case No. 2-Murder.
The defendants In the above entitled two
cases. upon due notice to the Solicitor. move
the Court for an order TO change the venue In
each of said actions TO some other county IN
made upon q number OF afidavits submitted
and uron q copy Of Koewee Courier OF March
10th, 1909, containing reports OF and editorial
comm-nls concerning the killing OF the Cor.
aud Courier of March IL, 1903, containing re-
port of the correspondent dated March III,
1909, headed "Corbins' Slayers Indicted"
The n I'll da Wits set forth that 10 the opinion
of n fiants, for reasons therein set out the de-
fendanta G mot obtain q fair and Impartial
trial In Oconee county The SOLICITOR 90 Pc
half Of the State resists the motion upon the
afidavits OF q number OF citizens OF the coun-
ty, and the opinion is expressed by the am.
ants that defendants can obtain q lair and
i'm partial trial in said county. ! have care.
fully read the attidavits upon both sides, and
also the articles and editorial in the news.
papers referred to. l see nothing In either OF
The newspapers indicating q desire to deprive
defendants OF a fair and Impartial ,rlal IN
| Oconee county, and considering the afhdavits
pro and con l cannot say that defendants
cannot Obtain such trial in said county.
Counsel tor defendants stated In the argu.
change OF venue from this county II the trial
could be postponed until, the next term OF
this Court, because, In their judgment, the
excitement arising from the recent occur
| renee OF the homicide will have subsidized by
The afidavits submitted on both sides con-
WINGED me that at present, at and near wal
balia, near which the alleged homicide TOOK
pace. the pubIic mlpd is in an excited state,
| and cannot overlook the fact that the jurors
drawn TO serve at this term OF court have
necessarily heard much OF the homicide, and
doubtless many Of them have discussed the
same. While the right TO examine these
jurors upon their volr dire mightgive defend.
ants an opportunity 10 challenge for cause
such as have formed decided opinions, any
extra Jurors served or drawn must necessari'
ly be taken from people who reside near the
scene of the alleged homicide. and these
doubtless have been subject 10 the same pub
lie excitement.
While l overruled the motion to continu e
the Sc causes upon the same grounds when
the motion was made on Wednesday, vel.
upod mature reflection and consideration. J
feel that it will be best for the State and fol
the defendants that these trials be had when
the public mind Is calmer. so that the Jurors
selected to try these causes may be enabled
10 weigh the testimony and evidence sub
| nlbtSu ~
I am sure that nm Oconee jury can be OBJ
tained to try these causes fairly and imparti
ally, SO l must override the motion for the
change OF venue, and 1t so ordered; but, in my
opinion. the ends ofjustice will be subserved
ny a postponeme nt OF 1.-THE trials until the mex
Term of this ce ~ and SS, 1t is P 80 SrdereG o1ndge.
By this decision The case. will come up fol-
trial at the July term OF Court, which will be
convened here on the first Monday In tina
month.
We agree thoroughly with Judge Ship tina
a fair and impartial trial can be had for The
defendants In OcoDee. We believe that or
Tuesday OF last week the defendants could
have some into court for trial and have re
ceived at the hands OF the law as fair and im'
partial a trial as II the case were to be heard
10 Maine or any other State far removed from
the scene of the tragedy. We have faith In
The fairness and impartiality Of an Oconee
jury. .
SIGHT luto the law and It's possibilities than
we have; nevertheless 1t is our candid opln-
ionthat the cause otjustice would have been.
best subserved by bearing the case and dis
posing of IL promptly. We canpot see where
The speedy trial would have jeopardized the
interests OF the defendants; we do not see
where the "postponement will In any way al
feet the case. which must be tried on Its
merits, the result resting upou facts, which
the postponement cannot change.
| The hOmiCl0e WIS cOmmlLteC curing Lne
sitting Of Court, and our view af the case is
that the trial should have taken place. 1t is
our candid opinion that, had the Court Dot
been In session at the time OF the homicide,
the circumstances OF the crime we're s%ufficlen I
TO have called for a special term to have dis
posed OF the case speedily, yet with all due
| regard to fairness, justice and impartiality.
There is nc feeling tending toward mob
| VIOLENCE on the part OF our citizens. There Ia
no section of the country where can be found
more OF the spirit that respects Courts and
ubeys the laws. Let US keep our reputation,
| and let the Courts help us 10 keep IL. And
we believe the best way for the Courts to re-
tain the thorough respect and absolute con-
dence OF q law-abiding people Ia 10 act with
| promptpess in every case,
The Court will find no impeachment thrown
IN It's way by the citizens of Ocopee to the
administration Of adequate, fair and impair
tial justice in this case or in any case In the
future. Let not the Courts, however, year
after year delay, continue and postpone ur-
III, In the very interest Of law and order, JUS
tice and fairness. the situation reaches the
point where the law.abidipg citizen realizes
forbearance ceases 10 be a virtue.