The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-06-13
NOT, PROS ENTERED In
CASE AGAINST EVANS
ATTORNEY GENERAL ASKED FOh
ANOTHER CONTINUANCE.
Order of Judge Watts Passed at has'
Term of Court Held to be Bind
inc.


charged with accepting rebate while
a. member of the board OF dlrectors
of the State dispensary. Judge Gary
held that, inasmuch as no appeal nad
been taken by the State from the or
aor If Jndge Watts, passed at the last
term of the court, this order was bind
ing. The order Of Judge Watts pro-
Eided that the State be precluded from
making a motion for continuance at
a succeeding term, and in the event
that such motion was made, ordered
that a nolle prosequi be entered upon
the indictment ,<~:-.a:.
A nolle prosequi discharges the rec
ognizance Of the defendant, but does
not prevent another bill of indictment
being handed out in case. When
asked what would be the future course
of the State in regard to the matter,
Solicitor Cooper stated on Monday that
the whole matter was in the hands OF
the attorney general.
When the case was reached by
Judge Gary On the sound of the docket
in the sessions court on Monday morn
ing, Solicitor Cooper stated that the
case was one of those in which At
torney General Lyon Lad entire charge
of the prosecution, and that he had a
letter from the attorney general which
he desired to read to the court. The
letter follows:
The letter of the attorney general in
regard to the Evans case, which was
read to the court by the solicitor, was
as follows:
columbia, June s, 1911.
Hon. R. A. Cooper, solicitor, Laur-
ems, S. C.-Dear Sir: The next term
of the court of general sessions will
convene at NeWberry on Monday, the
18th inst, and it is probable that H:
H. Evans will demand trial of his case
at that time. If such demand should
be made T will ask that you say to the
court that the State was unable to
proceed to try this case at the last
term on account of the death of G. H.
Charles, who was material witness
for the prosecution, and that the State
has not been able so far to supply
the evidence of which it was deprived
by reason of the death OF Mr.. Charles.
In addition to the above, do not think
il wise to undertake the trial Of this
case at this time, but that it would be
for the best interest of the State and
for the vindication of the law to have
1t further continued. Nevertheless, I
recognize the right of the accused to
a speedy trial, and regret that the
State is not at this time in a position
to dispose of the case.
However, if the presiding Judge
should not concur in the views herein
expressed, and shall order the case to
trial, will ask that you enter nolle
prosequi On the Indictment
yours very truly,
''J. Fraser Lyon.
"Attorney General"
Eugene S. Blease, Esq, representing
Mr. Evans, demanded a trial Of the
case or that a mol pros be entered.
The defendant" he said, "is in the
same position that he has been for
three terms of the court-ready and
anxious for a trial of this case. 1t
has been continued by the State at
each Of the three terms that it has
been on the docket. in the face OF
vigorous protest, in each Instance, on
the part of the defendant. And at the
last term of court Judge Watts con-
tinued the case and passed this or
der: This case having been called
and the solicitor having made mo-
ton for the continuance thereof I'M
I'll the next term Of court, and it ap-
.pearing that the defendant at the
June and November. 1910, terms
of the court, demanded a trial, and
J. that he has again at this term of the
court demanded trial, it is therefore
ordered and adjudged that the cause
be continued until the next regular
term of this court, and it is further
6rderGi that the State be precluded al
any future term Of this court from
making motion for continuance