The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1910-05-18
A Prisoner, Who Actei As BIS Own Law.
yer, Moved to Arrest Judge
WHO Was HEARING CASE
Frank Pierce. Young White Man
Charged With Violating Prohibi-
ton Law in Atlanta, .Astounds
Judge Cali,oun's Court Friday BY
Reading Remarkable Motions.

!
The Atlanta Journal says JudSt
Andrew Caihoun's court was paraly'
zed with astonishment Friday morn.
ing by Frank Pierce. young white
mar charged with violating the pro
hibition law. wher he sEatched the
| conduct Of his case from. :.he lswye!
appointed to defend him, and read
long list OF motion drawn up by
himself which contained. among 9th.
ers. one to arrest judgment By hav-
ing Sheriff Mangun take tie court in
custody.
Attorney r. R. Shropshire. the
lawyer appointed, was busy striking
the jury. when Pierce arose ald got
the attention OF the court.
If your honor please" said he.
II don't like the way that lawyer
in handling my case. So I've drawn
up some motions and exceptions
which I want to read tried TO get
my lawyer to do 1t, but he intimated
that was crazy.
Being in his usual good humor.
Judge Calhoun permitted Pisrce to
read his motions.
They were wonders. It is probable
they Will go down in the annals OF
the criminal court Of Atlanta-tnis
being the full entitlement Of Judge
Calhoun's division-without peer or
parallel. When the court room re-
.overed from its astonishment It sa;
I'D and began to take notice. Then
It leaned back and laughed. Which
not in the least perturbed the prison
er at the bar. He just kept on read
ing.
Under motion No. l 60 submitted
,ha. his trial was unconstitutional
on the ground Of former jeopardy.
II was tried and convicted before
Recorder Broyles-tnouSh not really
guilty OF selling whiskey." he read.
"and I served 80 days IN the stock
ade. Therefore. under the constitu-
ton Of the United States I cannot
lawfully be tried again for the same
alleged otfense.
Motion No. contained the asser-
ton that the detectives who arrested
Pierce had intimated that Judge Cal
aoun had said he would give Pierce
the limit. II the evidence warranted
conviction. Therefore, I submit,
vou- honor. that you are incompetent
70 try my case" read Pierce. same
as a juror would have no right to
serve II he had previously expressed
an opinion.
Under motion No. 3 Pierce re-
quested the court to appoint anothe!
lawyer to defend him. Il have tried
TO get Mr. Shropshire to conduct this
case as think it should be. ne
read. "and he won't comply with my
wishes in the matter. Therefore. |
want Lawyer Frank HARRISON TO de-
fend me-"
Then followed what Pierce evil
, s.n,alIy intended to be bill OF
executions. The wording OF his con-
c!uding paragraph bore q faint re-
semblance to the familiar phraseoi-
osy OF legal documents. He pro-
tested agains: the judgment OK the
court. and moved the arrest thereon
by placing Judge Calhoun in custo-
dv-.-in order to give him time to
institute habeas corpus proceedings
in the United States court
AS Pierce finished his paper Law
yer Shropshire rose to inform the
court that IL the defendant was go
im- 70 handle his case he would re-
tire. To which the court readily
agreed: and the:eupon turned TO
Pierce.
1T is evident you have smatter-
Ing knowledge Of raw" said the
court. But YOU method OF con-
Quoting your ca-o is somewhat mix
ed up. For instance. you cannot ar
res, Judgment. iecause none has been
rendered yet. And y,.ur idea OF TAX
ing your case to the United States
supreme court is a sort Of hop. skip
and jump. You can't leap that far
a, one bound. II you don't want 'ME.
Shropshire to represen, you. but de-
sire Mr.. Frank Haralson instead. It
is perfectly agreeable 70 me.
So Mr.. HARRISON took charge OF
the case. He asked for little time
to get together" with his client.
and they retired to the nearby pris-