Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-12-15
Not So Absurd,

1t is being stated tnat JuuSe IdSe
told the Newberry grand jury while II
had the Fielder case under considera-
ton, that it should be satisfied of the
guilt of Fielder beyond a reasonable
doubt before 1t would be warranted In
returning a true bill. We have not seen
a stenographic report Of Judge Cages
charge; but hardly think 1t possible
that his honor told the grand jury any
such thing as he is quoted as having
told it. The claim is absurd.-York-
willie Enquirer.
The Yorkville Enquirer is so uni
formly fair that we feel disposed to
give it light upon this matter. There
was a great deal Of interest in this
case, and in order that there might be
no question as to what happened in re-
gard to 1t, the newspaper correspond
ents in Newberry had the benefit OF the
stenographer's notes upon every deiiv-
erance from the bench in regard to 1t.
These notes will show that Judge Gage
charged the grand jury, in reference to
this bill, after stating the allegations
of the indictment: "If the testimony
satisfies you, gentlemen, beyond rea-
sonable doubt that those allegations
are true, find a true bill. Unless the
testimony does satisfy you, find no
BILL"
In justice to Judge Gage. it has been
stated, and is reiterated, that this
charge was not alone applied to the
Fielder case, but that he has charged
grand juries on other indictments to
the same effect. There can be no doubt
that the Newberry correspondents were
correct in their report Of Judge Cages
charge sent out from Newberry. Any
one who heard the charge will bear out
the stenographic report furnished the
Newberry correspondents, as will
Judge Gage, we have no doubt. And,
as we state, it was not alone applied by
Judge Gage to the Fielder case; but on
other indictments at the same term of
court, and on indictments elsewhere in
the circuit, as we have been informed,
Judge Gage made the same charge.
This much in justice to the Newber-
~ correspondents.
Judge Gage from what we know Of
him, is not the kind Of man who will
shirk anything before him, or fail to
stand by anything he does, and the
editor of The Enquirer might satisfy
himself by asking Judge Gage.-New-
berry Herald and News.
In pursuance of the suggestion of
the Herald and News. we have seen
proper to write to Judge Gage about
this matter. The correspondence Is
as follows:
Yorkville, S. c., Dec. 13, IL.
Hon. C. w. Gage,
Chester, S. c.
Dear Sir:
Enclosed is a clipping from the
Newberry Herald and News that ex-
plains itself fully.
If your Honor will pardon me, l
will say that I would not think Of ad-
dressing a judge on subject like this,
except for the fact that l am in doubt
as to the correctness Of the statement
of the Herald and News. In other
words, while 1 have no doubt as to
the motive Of that paper, I think 1t
must be mistaken.
According to my understanding Of
the duty and powers Of grand jury,
it is the business Of that body merely
to make sufficient inquiry to satisfy
itself as to whether there is probable
guilt, and II Is up to the petit jury to
decide whether guilt has been estab-
lished beyond reasonable doubt.
l have seen it stated that your
Honor told this grand jury that If it
saw proper to do so, in the belief that
it's action was for the public good 1t
could throw the case out, regardless
of the proof, and the correctness Of
this position 1 can understand and ap-
preciate.
II it is the pleasure of your Honor
to straighten out the matter in dis
pute between The Enquirer and the
Newberry Herald and News, the kind
ness will be very much appreciated.
I am very truly,
W. D. Grist,
Editor Yorkville Enquirer.