The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-12-01
A mo BILL" RETURNED
ON FIELDER INDICTMENT
FINDING OF GRAND JURY ON WE'D
NESDAY MORNING.
Jury Requested Charge as to Right to
Consider Expense and Moral and
Social Effect.

Shortly after hearing an additional
charge from Judge Gage, delivered IN
response to an inquiry as to whether
they could take into consideration the
expense to the county and the moral
and social effect Of a prosecution OF
Thomas 3. Fielder, of Atlanta, for brlb-
&ery, the grand jury in the general ses-
siOns court here on Wednesday morn
ing returned mo bill'' upon the
Fielder indictment. The jury had had
the bill since Monday morning. It is
understood that there was consider
able division among the grand jury
upon what finding should be made.
From the question asked by the jury
and from other circumstances in con-
nection with the consideration OF the
bill by the jury, it is inferred that the
jury looked not alone to the qu~~tion
of the proof submitted in support of
tha allegation, but took under consid-
Grafton the wisdom Of prosecution.
Attorney General Lyon stopped over
in Newberry for short time between
trains on Wednesday on his way to
his home in Abbeville. He did not ap-
pear in the court room. In fact, he
reached Newberry after the finding in
the Fielder case.
Mr.. Fred. H. Doninick, member
of the ; winding-up commission, said
on Wednesday night that he had no
statement to give out in regard to the
jury's finding.
The grand jury on Wednesday morn
ing asked Judge Gage whether, in
passing upon the indictment in the
Fielder case, they should consider the
cost to- the county and the moral and
social effect along general lines.
Judge Gage in reply to this question:
said that this case arose "out OF that
terrible experiment which the State
was induced to make some twenty
vears ago, and that was an honest ef-
fort to make respectable nefarious
business, that of selling liquor to men.
] trust" he said, "the State has tried
\ hat experiment to its hearts con-
tAa6" He explained the charge in the
Indictment, saying the alleged crime
was charged to have been committed
six wears ago. He said the grand
Jury was bound to know the public
history of all these dispensary prose-
cutions, and he gave the jury brief
history of the prosecutions and the
results, naming, among the others,
The prosecutions against Boykin, Tow
i'll and Evans, the three witnesses on
the Fielder bill, the prosecution against
Evans having been brought in the
Nevberry court and having been mol
pressed by the State.
With reference to the matter OF ex-
pense, he said: "If it is true that Field
er offered these men bribe, and If the
testimony so satisfies you, and II the
testimony satisfies you that this prose-
cution is in good faith, to vindicate
the law of the land, you ought to find
true bill, no matter what the ex-
rense is. But, on the other hand,
If the testimony does not so satisfy
/ YOU, if you are not satisfied that the
prosecution is for public purposes, or,
gto put it differently, if you are salts
flied that the prosecution is not for the
public good and will not end in pub
lie good, you have wide discretion In
j the matter; you can either find no bill,
or YOU can return the bill to the soli-
citor unacted upon, stating to him that
YOU will not make any finding upon it,
but prefer it to stand until more sat
7sfactory proof comes to your hands.
But, above all things, gentlemen, you
should make one thing your pole-star,
and unless you do that you will go
wrong. Put behind you every person
al consideration, and look to the truth
and the truth alone, and plant yourself
YES firmly upon the truth, and go to
that goal to which the truth leads you.
If you go at it in this spirit and with
this purpose, you are bound TO reach
a right conclusion. II you go at it in
any other spirit you are bound to