The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-12-07
REFUSES TO INDICT FIELDER.
mo Bill" Returned by Grand Jury
at Newberry.

hearing an addltlOnal cnarge 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 So
cial effect Of a prosecution OF Thom-
as B. Fielder, of Atlanta, for alleged
bribery in connection with old State
dispensary affairs, the grand jury in
the sessions court here this morning
returned mo bill" in the Fielder case.
The Jury had had the bill since Mon
day morning.
It is understood that there was
considerable 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 bill by them, it 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 Newberry for short time be-
tween trains to-day, on his way to
his home in Abbeville. He did not
appear in the court room. In fact,
he reached Newberry after the find
ing in the Fielder case.
Fred H. Dominick, Esq, a mem
Der of the dispensary winding-up
commission, said tonight that he
had no statement to give out in re-
gard to the jury's finding.
Judge Cages Charge.
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 induc-
ed to make some twenty years ago,
and that was an honest effort to
make respectable a nefarious busi-
ness, that of selling liquor to men,
II 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 brief history of
the prosecution and the results, nam
ing among the others, the prosecution
against Boykin, Towill and Evans,
the three witnesses on the Fielder
bill, the prosecution against Evans
having been brought in the Newberry
court and having been nolle pressed
by the State.
Not Question of Expense.
With reference to the matter of
expense, he said, IF it is true that
Fielder offered these men bribe,
and if the testimony so satisfies you,
and if the testimony satisfies you
that this prosecution is in good faith
to vindicate the law of the land, you
ought to find true bill, no matter
what the expense is. But, on the
other hand, if you are not satisfied
that the prosecution is for public pur-
poses, or, to put it differently, if
you are satisfied that the prosecu-
ton is not for the public good and
will not end in public good, you have
a wide discretion in the matter; you
can either find no bill, or you can re-
turn 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 salts
factory proof comes to your hands.
Seek Only the Truth.
But, above all things, gentlemen"
said Judge Gage, you should make
one thing your pole-star and unless
you do that you will be wrong. Put
behind you every personal considera-
ton 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. If
you go at it in this spirit, and with
this purpose, you are bound to reach
right conclusion. If you go at it
in any other spirit, you are bound