The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-06-29
FIELDER NEED NOT RETURN.
Gov. Brown Refuses Requisition for
ThOS. 3. Fielder.

TSQulSlClOu pdpSlS VI NON. oiCc1oS VI
South Carolina for the extradition OF
Thomas B. Fielder, a prominent At
lanta lawyer, charged with attempt
| ing in October, 1904, to bribe H. H.
Evans, member of the old South
Carolina State dispensary board, and
to defraud the State. The governors
refusal was made on the ground that
he thought the papers, as submitted,
incomplete and insufficient and not
specific enough in their charges
against Fielder.
Gov. Brown stated that he had re-
ferred the papers to Hewlett A. Hail.
attorney general of Georgia, who had
found practically the same defects.
Mr.. Felder's reply to the charges
against him was fiat denial of their
truth, and the offering of counter
charge that Gov. Blease is actuated
by malice and spite.
Based Only on Warrant.
The defense was further, that a
South Carolina grand jury, which has
ben in session in Newberry county
since the requisition was issued, re-
fused to indict Mr.. Fielder for the Of
fense charged, and that the requisl-
ton is based solely upon an unsup-
ported warrant.
Some weeks ago Gov. Blease an
nounced that he would honor no more
requisitions from Gov. Brown, Of
Georgia, as they were being used
simply to enforce the payment Of
debts.
The hearing began with Spencer
B. Atkinson, one of the attorneys
representing Mr.. Fielder, introducing
Alex King, who presented objections
to the requisition papers against Mr..
Fielder.
Among the prime requisites to the
removal of man to another State
for trial." he said, els an affidavit
setting forth the offense alleged
against him. This is necessary for
the executive authorizing the requi-
sition to know that the charge that
has been made is based on certain
unequivocal allegation"
He maintained that the allegation
in the warrant against Mr.. Fielder
was too vague to be valid and that
the entire charge was based merely
on conclusions.
P. H. Brewster and ]. D. Kilpat-
rick also took the stand that the
charges were incomplete.
The objection was also raised that
the requisition papers had not been
attested and that there was no proof
to show that they were authentic
Geo. tombstone, of Newberry, also
appeared in behalf of Mr.. Fielder, as
did 20 prominent Atlanta lawyers,
with a committee from the Atlanta
Bar association, and many attorneys
from various sections of the State
appeared.
w. A. Holman, of Charleston, ap-
peared as South Carolina's represen-
tative. On the demand by Mr.. Eel
der that he tell by whom he was en-
ployed, Mr.. Holman stated that he
was in the service of Gov. Blease,
but that he did not know what caused
the charges against Mr.. Fielder. The
seal of the State of South Carolina,
Mr.. Holman maintained, was suffic1-
ent to establish the authenticity OF
the requisition papers and in face OF
this seal the contentious that the
requisition papers were not properly
attested were not justified. He in
sisted that sufficient afidavits were
contained in the papers. Several
times he declared that so far as he
was concerned there was no personal
feeling in the case.
In reply to question from Mr..
Atkinson, he answered that since a
warrant was sworn out at Newberry
the county grand jury has net there
and adjourned without indicting Mr..
Fielder.
NJ. NJ. Buford, sheriff of Newberry
county, also represented South Caro-
lima. Following Gov. Browns refusal
to honor the requisition papers, Mr..
Fielder stated that he was going to
South Carolina in a short while and
that then the authorities would have
chance at him.
Gov. Brown stated that the seal OF
South Carolina by no means ratified
the papers and that one might as well
say that a poultice would cure all
pains as maintain that State seal
would make papers complete.
''Laying'' or Lying"