Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-04-22
BINDING OVER WITNESSES.
John w. McEIhaney Discusses the
Subject From Practical Standpoint.

Editor of The Yorkville Enquirer:
| was in Yorkville in attendance on
court last Monday. and heard Judge
DeVore's charge to the grand jury.
think the charge was an unusually
able one timely and full of good law
and common sense; but there is one
important point on which his honor
failed to convince me, and that was
with reference to the matter of requir-
ing bonds that would compel the at
tendance of witnesses in all cases.
| have been a magistrate for nearly
seventeen years, and my observation
and experience have convinced me that
there is something pretty badly out OF
Joint in connection with this matter or
compelling the attendance of witnesses,
and il does not appear to me that the
remedy Judge DeNOre suggests Is
altogether satisfactory, except on the
theory that the best way to get relief
from a bad law is by means of its
strict enforcement.
Judge DeVore's idea is that witness
eS should be bound over with good,
substantial security that would compel
their attendance, and while there is no
theoretical objection to this, the prac-
tical objection is very strong. for the
reason that in most cases, the wit
nesSeS cannot furnish bonds of that
kind. and there would be nothing To 90
but put them in jail.
1t has come within my experience
that after the trial of criminal cases OF
importance and the acquittal of de-
PENDANTS for lack of sufficient teStimo-
nv. people would come to me and say
they could have furnished exactly the
testimony that was needed, and wheh
| would ask them why they did not
speak sooner, their reply would be To
the effect that they were not able 10
pay five or six dollars expenses While
i'm attendance on court, and they mad
not seen proper to volunteer infOrma-
tion that would have only subjected
them to lot Of expense.
The law allows the witnesses only
the magnificent sum of 80 cents day
and five cents mileage, and as a Wit
ness from this section cannot attend
court for less than something over Il
dollar a day. the idea of having To 5"
TO court is something very diScouraS-
ing.
[ want to say that although my
township is further from the court
house than any other and our people
have to go and come at the greatest
Inconvenience. l have never had any
trouble in getting witnesses to attend
although | estimate that Of all the
witnesses | have sent over during the
seventeen years of my experience,
fully Cne-fOurth were unable to give
bonds that would have compelled their
attendance.
As l see it, if we were to require an
absolutely good bond of every witness
the effect would be that many would
have to go to Jail, with the result that
the Jail would be crowded at heavy
expense to the taxpayers. and II
l.. l,,. -. nd ms q '
who would testify than It is to run
down and arrest the defendants who
are prosecuted on charges of crime.
MY idea of the remedy is to pay
witnesses fair per diem and mile
age for attendance on court. and then
the bond will be a matter of small
importance. \ few days in Jail :or
those who try to dodge this duty will
be- all that is necessary tu supplement
Il fair per diem.
During last Monday afternoon
SAW the solicitor call up nine mel
who had been bound over To testify III
liquor cases, and each of them denied
any knowledge of violations of the
law.
These witnesses. | estimate cost the
county not less than twenty dollars
and were worth nothing.
Ii seems to me that it is worse than
useless to bind over u witness unit
after he has been examined und"l
oath. and if at the examination II de-
vclopS that he knows nothing, then h'
should not be bound over at all.
Ply the way. after the appearance
of my letter some time ago ab"u
cock lighting. I received two letters
asking what l was candidate for
Please tell the people that | consider
myself too short winded to run outside
of my own township and have nc
idea Of trying anything of the kind.
John w. MCElhaney.
Fort Mill. April 30.