The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1909-10-06

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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
q new trial.
Il have to look at both sides Of a
case, and I must look from the
standpoint of the State as we'll as
that of the defendant. If I allow
the case to 60 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
I see to do Is to order a mistrial
Of the case.
81 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 1t was brought
to the attention Of any Of the jury
that q newspaper was In there 1t
should have been reported at once
to the sheriff; that would have CIV
en- encouragement 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 1t to me.
1T is also on account Of the in
cident which occurred last night.
which / doubt If 1t be any more
than an indiscretlon 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 q newspaper and read
ing the newspaper In your room, AM
Notwithstanding the strict guarC
kept over you, these combinations
would tend to cast suspicion on any
verdict you might render, and 1t
would not be satisfactory to anybody
to have a verdict from the jury when
this sort Of things has happened. =
Now as to what 1;shall do to
you this Is a matter, gentlemen, that
/ will have to decide; 1t Is a respon-
sibility cast upon me. I have no
~hesitancy in knowing what to do
with respect to the man who commu-
nicated with the juror and I shall
hold him and put punishment 1por
him for contempt of this court, and
as to the juror who allowed himself
10 be communicated with, who act
tally did not resent the communica-
ton from the outside. but actually
condoned that communication by i'm
mediately sending out a communion
ton to the baliff, which was brought
to me, asking that the man be let
out on bond instead Of ~resenting that
communication, interference or con-
versation with anybody from the out
side, which undoubtedly subjects the
Juror to serious criticism.
"As to that juror l will ask him
to remain in the custody of the court.
l will make up my mind later in
the day the proper course to be pur-
sued with reference to him. AS t.
the other jurors, l am going to dis
charge you gentlemen, am going tt
let you 60 and withhold your pay
certificates until l think about thi:
matter seriously and earnestly, with
a strict regard to what / ought to
do in discharging my duty to the peo'
ple Of South Carolina in this mat
ter. You all can go, with the ex-
ception of Mr.. Perry, who had the
communication; you will not get your
pay certificates at the present. l
will determine later on what course
| will pursue In resepct to. what shall
be done about your case In this mat
ter.
1.-The clerk will enter an order of
mistrial on the record. and all Jurors
will be discharged from further at
tendance without pay certificates.
except Juror Perry, who will remain
| nthe custody OF the sheriff. Mr..
Dorm must also remain here, and J
will dispose of bis case. AS to A.
T. Keith, l do not see anything IN
reference to his conduct for which
I can hold him responsible. You
can let him CO."