The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1910-06-29

mOny. as absolutely no case had been
made out against the defendant Hav-
ing put zip no testimony | had the op-
ening and reply in argument before
the jury. The state informed the
court that it would have no argument
as all the facts were before the jury
| read over the testimony carefully
and found that there was no proof that
the county policeman who made the
arrest was an officer and argued to the
jury that before they could return a
verdict of guilty it must be shown by
the evidence that the person resisted
was an officer in the actual discharge
of his duty. Here is where | alluded
badge. but not until after the said
rural policeman made the assertion
to the jury that his blue clothes
brass buttons and badge were evidence
arrest. then told the jury that the
rural policeman's paraphernalia had
not been introduced in evidence and
could, therefore, not be considered in
the trial of the defendant on the
charge of resisting an arrest" | was
convinced then that | was right on
the proposition and since | have had
no reason to change my opinion. /
also argued to the jury that no per-
son, except an officer had the right
to make an arrest, unless the person
being arrested had committed fell
onN. | further told the jury that if
any person other than an officer at
tempted to arrest a party for any
crime below the grade of Il felony
that such party would have the right
to resist such arrest, and could use
so much force as was necessary to
prevent an unlawful incarceration OF
his person ! went Il step further and
told the jury that such person could
take the life OF any one who attempt
ed TO make such an unlawful arrest.
ii that much force We're necessary to
prevent it, and that | conceive to be
the law in this State.
can cite numerous decisions OF our
supreme court on that proposition and
shall be only too glad to enlightem my
friend, the rural policeman. if he so
desires. Is an attorney to be censured
when he argues the law in his cause
some people who may hear him will
misconStrue its meaning? Was il my
duty as an attorney to sit with closed
llps ana a still tongue and allow the
person who had placed his cause in
my hands to suffer for Il crime that
had never been established against
MN? Am / responsible for the mag.
istrate's mismanagement of the case
or the deficiency OF the States testi-
money? Was it my duty to take the
defendants money and then assist the
court to convict him? | don't thing
any right thinking person can answer
YES to any of the foregoing uues-
tions, and in their answer lies the bone
OF contention.
In regard to the other charges i'm
the warrant. there was very little
testimony, but cOnceding that il was
Suilcicnt to warrant Il conviction ;he
State failed to prove the venue of the
case, which was necessary before CON
viction could be had, and the Jury
very properly found the defendant
not guilty on all charges AS to that.
II Wall only be necessary TO say that
1t is the fundamental maxim of the
law that he who alleges must prove,
and the State alleged i'm the warrant
that the crimes set forth therein hap
pened in Laurens county, therefore. #
was lis duty to prove It,
Yes 1t is the duty Of an attorney 70
uphold the majesty of the law. and
he has taken solemn obligation to dc
so, but that obligation has never i'm
pressed me to mean that he Shall for
sake the interest he has sworn to pro-
tect and no such construction can
be drawn from it.
In conclusion | wish to say that |
did nothing in the trial OF this case.
except that which the law of the stat,
would Justify and the oath Of an at
torncy would require.
Respectfully.
JNO. NJ. CANNON.