The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1910-09-29
JUDGE CENSURES THE JURY
UTTERS SCATHING WORDS AF.
TER ACQUITTAL OF RISINGER
He Hopes That in Time Stain May be
Washed From the COunty-'Jus-
tice Turned Away Backward.'

Lexington, Sept. Z4-EFdStus Rl7
niger, who has been on trial IN the
general sessions court here for the
greater part of two days, for the
murder of Henry Mitchell, a negro, al
Fredonia, on the night of May 80
last, was acquitted of the charge
The case was given to the jury al
4 O'Clock yesterday afternoon and il
was a little after 10 o'clock last
night when an agreement was reach
ed. Judge Gage instructed the sheriff
to keep the men together until $3.50
this morning; that he would not re-
ceive the verdict last night.
Judge Gage, in dismissing the jury
delivered a brief address, the like ol
which, perhaps, has never before
been uttered in the Lexington coun-
ty court room.
Truth Fallen in the Street"
He said:
Gentlemen of the Jury: The con-
stitution has conferred upon you
powers quite as high as my own
You have exercised them. 1t is not
my duty or desire to upbraid you
therefore. But 1 would not be true
to my convictions if l failed to tell
you that the testimony in this case
reveals a shocking state of public
morals in Lexington county. trust
the day may come when this stain
shall be washed away.
Your verdict ends the cause in the
courts; it may not end it with an
earnest and enlightened public opin-
ion. May that opinion not be that
Justice is turned away backward and
Righteousness standeth afar off; for
the truth is fallen in the street and
uprightness cannot enter.
1t is rumored that from the begin
ming the jury stood ten for acquittal
and two for manslaughter, the two
finally turning over to the majority
History of the Case.
This ends one of the most interest
ing trials held in the county. On the
night of May 80 Henry Mitchell, a
negro, was killed. by gunshot
wound, his dead body being found
in the public road near Fredonia.
The next day, which was Sunday,
Magistrate F. Pierce Shealy of the
Fourth district, conducted an in
quest. The jury returned a verdict
that the deceased came, to his death
by a gunshot wound inflicted by a
party unknown to the jury. Moth
ing further was heard of the affair
for several days. A little later, how
ever, the news began to spread that
the negro had been killed by Erastus
Risinger and that the magistrate who
held the inquest was an eyewitness
to the tragedy.
These rumors were communicated
to Solicitor Zimmerman and that Of
fcer took the matter up with Gov.
Ansel. AS a result, a detective was
put to work on the case and the ar
rest of young Risinger followed a
few weeks later.
At the trial, which was begun on
Thursday afternoon, the attorney for
the defendant made it known at the
beginning that he intended stressing
the point that the negro was killed
by another and that Risinger did not
fire his gun.
Did He Confess?
The most important evidence
against the accused was the state
ment of James Ford, highly re-
spected white man and close neigh
Dor of Risinger's, that the defendant
had told him a day or two after the
crime that he had killed Mitchell
accidentally. Ford signed the war
rant for Risinger's arrest.
Another important feature of the
trial was the fact that the defendant
was member of the jury of inquest.
1t was admitted by the magistrate,
the defendant and man by the
name of Craps that they were all
present at the time of the shooting;
but that none of them told what they
knew at the inquest.
Solicitor Zimmerman has beeen
highly commended for the very able
and fearless manner in which he has
performed his duty throughout the
prosecution.
Judge Gage said to-day that he had
never seen an officer perform his duty
more faithfully than Solicitor Tim
norman performed his in the Risin'
ger case.
Catarrh Cannot he Cured