The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-03-21

ed that he hoped the defence would be
as anxious at the fall term as they ap-
peared to be then. At the fall term
the attorney general did not even come
here. The solicitor made a motion
for continuance on the part of the
State, although the defendant re-
sisted that motion, and again for the
second time demanded trial.
"Now, for the third time, Mr.. Evans
is in the court, and states what he
stated on the very day that the true
bill was first returned by the grand
jury-that he wants a trial, that he
is ready for trial, and that he demands
his constitutional right to fair and
speedy and impartial trial. One is
of just as much Importance as the
other. He is guaranteed a speedy trial
just as much as he is a fair trial, and
unless We can get trial his constitu-
tional right, as l take it, is being Vio-
lated, If it happens that a material
witness for the prosecution. has died
since the returning of this indictment,
that is matter for which the defence
cannot be blamed. That witness was
alive at the June court, he was
alive at the November court, and the
prosecution was not ready, and if they
could not get ready when he was
alive, I do not see how they are going
to get ready now since he is dead.
"The other witness whom the attor-
ney general has spoken Of heretofore
is not citizen of this State, as the
attorney general admitted in the court
room, and was beyond the Jurisdiction
of the courts Of this State, and has
never been brought here. In fact, since
the attorney general came up here,
and, with two witness, who lived in
the town of Newberry, and with Mr..
Charles, went before the grand fury,
true bill being returned in five min
utes-since that time do not believe
that the attorney general of South
Carolina or single one of those wit
nesses, except the two gentlemen who
live here, have ever been at this court,
and I do not believe that a single wit
ness for the prosecution has ever been
put under bond to appear here. That
is my understanding.
81 do not know what the purpose of
this prosecution is. 1t strikes me,
I want to say that 7
absolve my friend, the solicitor, from
any responsibility in the matter what
ever-but somebody, It appears to me,
whether it is the attorney general, or
somebody else connected with the
prosecution of this case, is simply, for
some purpose, trying to hold this in
dictment over Mr.. H. H. Evans as a
lash, and I do not believe the courts
Of this State ought to be used for any
such purpose, not even at the request
Of the highest legal representative Of
the State of South Carolina. I think
it is an outrage for any man to be
hailed into court and Sor the third
time to be denied his constitutional
right of trial by jury. We think this
case ought to be ended, and I move
the court that day this week be fix
ed for the trial of this, case-any
time, tomorrow, today, next Wednes-
day, Thursday, Friday-any day will
suit us-and that the attorney general
be notified to be present with his wit
nesses and try this case. We think
we are entitled to it."
The court ruled as follows:
II take it that under the peculiar
OF the caSe-the State
relying upon the testimony of Mr..
and he having telegraphed
the attorney general two days before
his death that he would be here, anG
then dying suddenly, evidently uneX-
pectedly-that that might have taken
the State by surprise, and it may be
that they have got to look around
to see if they can supply any testi
mony that they expected 10 get from
that witness, and if I would order this
case on for hearing the only thing
the solicitor would have to do would
be to mol pros, and if at the next court
he saw fit and proper, hand out an
other bill. At the same time, ! IL
realize the fact that when a man is
indicted, and he is anxious to have q
full investigation Of the charge
4 aeainSt him and not have it hanging