The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-12-02
Grand Jury At NsWberry Refuse to In
dict t. B. Fielder,
ON CHARGES OF BRIBERY
Action In Case Follows Additional
Charge by Court, at Grand Jury's
Request--Bill Handed Out by So
Hcitor Monday-No Comment from
N-inding-Up Commission.

Ninding-Up Commission.
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 4 prosecution OF,
Thomas B. Fielder, of Atlanta, for al
legged bribery in connection with old
State dispensary affairs, the grand
jury in the Sessions Court at New
berry "Wednesday morning returned
"no bill'' in the Fielder case. The
Jury had had the bill since Monday
morning.
It is Understood that there was con-
siderable division among the grand
jury upon what finding should be
made. From the question asked By
the jury, and from other circum-
stances in connection with the con-
sideration of the ill by them, 1t Is
Inferred that the jury looked not
alone to the question Of the evidence
submitted in support Of the allega-
ton, but took under consideration
the wisdom OF a prosecution.
Attorney General Lyon stopped
over in Newherry for a short time
between trains 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.
Fred H. Dominick, Esq, mem
ber Of the dispensary wtnding-up
commission, said Wednesday night
that he had no statement 10 give out
in regard to the jury's finding.
Judge Gage In replying to The
grand jury's question, said that this
case arose "out Of that terrible ex-
pertinent which the State was in
duced to make some twenty years
ago, and that was An honest effort to
make respectable nefarious busi-
ness, that, Of selling liquor to men,"
"I trust" he said, "the State has
tried that experiment to its hearts
content"
He said the grand jury was bound
! to know the public history of all Of
these dispensary prosecutions, and he
gave the jury a brief history OF the
prosecution and the results, naming,
among the others, the prosecution
against Boykin, Towill and Evans.
the three witnesses on the Fielder bill,
the prosecution agains Evans having
been brought in the Newberry Court
and having been nolle pressed by
the State.
With reference to the matter of
expense, he said, "if it is true that
Fielder offered these men a bribe, and
If the testimony 50 satisfies you, and
if the testimony satisfies you that this
prosecution is in good faith to vindi-
cate the law of the land, you ought
to find true bill, no matter what the
expense 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
to put it differently, If you are sat-
isfied that the prosecution Is not for
the public good md will not end in
public good, you have wide discre-
tion in the matter; you can either
find no bill, or you can return the
bill to the solicitor unacted upon.
stating to him that you will not
make any finding upon it, but prefer
it to stand until more satisfactory
proof comes to your hands.
"But, above all things, gentle
men," said Judge Gage, "you should
make one thing your pole-star and
unless you do that you will do wrong.
Put behind you every personal con-
sideration and look to the truth and
the truth alone, and plant yourselves
firmly upon the truth, and go to that
goal to which truth leads you. II
YOU 90 at it in this spirit, and with
this purpose, you are bound to reach
a right conclusion. II you go at 1t
in any other spirit, you are bound
to reach a wrong conclusion.'
,,,oDrs, ,DnccI-1a yJJ-NTE,RG