The county record. [volume] (Kingstree, S.C.) 1885-1975, 1911-06-29
FIELDER REQU|S|T|0N
REFUSED BY GOV. BROWN
HELD THAT PAPERS WERE FA-
TALLY FAULTY--FELDE BACK
ED BY GEORGIA BAR.

Constitution gives the following re-
port of the hearing before Governor
Brown in the matter of requisition
for Attorney Fielder:
If the State of South Carolina
wishes to secure possession of Attor-
ney Thomas B Fielder of Atlanta on
the charge of attempted bribery, it
will have to come again with another
requisition which at least bears the
earmarks of regularity and legality.
After attorneys for Mr. Fielder had
shot holes through the application
for requisition until it looked like a
sieve at the hearing before Governor
Brown Thursday, the Governor turn
ed down the application and sent the
representatives of Governor Cole l.
Blease and the State of South Caro-
lima. Attorney w A Holman and
Sheriff NJ NJ Buford, on their way
discounted.
The Governor sustained the con-
tention of counsel that the requisi-
ton is fatally faulty in many partic-
ulars, and he was sustained by Attor-
ney General Hall. Among the most
notable defects were that there was
no affidavit alleging what bribe Mr.
Fielder offered, for what purpose it
was offered, the specific date on
which it was offered. or that Mr.
Fielder was in the State at the time
the offense is alleged to have been
committed.
There was one affidavit offered
from one Kelley, who stated on in
formation and belief that Mr. Field
er had, in October. 1906, offered a
bribe to H H Evans, member of
the board of control of the South
Carolina dispensary, and thereby
conspired to defraud and cheat the
State of South Carolina.
The attorneys for Mr. Fielder pro-
duced court decisions to show that
affidavits based on information and
belief are not worth the paper they
are written on; that there must be
specific charges based on the knowl-
edge of the affiant. so that persons
so accused may have recourse to pros
ecution for perjury when such
charges are proved groundless.
Mr. Fielder has publicly charged
that Governor Blease had an ulterior
motive in making the application for
reouisition. He has charged that it
was based on personal malice and
vindictiveness, and was designed to
get him out of the way along with
evidence which he claims to have,
and which he said connects the Gov
ernor of South Carolina with a num-
Der of questionable financial deals
which proved costly to that State.
Mr. Fielder was not lacking in able
defenders. Not only did the Atlanta
bar association delegate coterie of
its most distinguished members to see
that his rights as a citizen were not
invaded, but from several cities in
Georgia, and even from South Caro-
lima, attorneys were present and vol
unteered their services in his behalf.
The defense was conducted by At
torneys Spencer R Atkinson, former
Judge of the supreme court; Alex
King, Luther Rosser, P H Brewster
and J D Fitzpatrick.
Lending advice and assistance
We're Attorneys Reuben R Arnold,
John w Moore, Eugene Black, AL
bert Howell, Stiles Hopkins, George
Westmoreland. Harry Alexander,
Virgil Jones, Henry Peoples, Sanders
Mcdaniel, Shepard Bryan, Robert
Aston, Lewis w Thomas, Judge A Z
Calhoun, John E McClelland, c L
Pettigrew, E P Upshaw and others
of Atlanta; Frank Mclaughlin, I I
Miller and Henry Goetchius of Co.
lumbus; John R Cooper, Roland FL
lis and Andrew Lane of Macon; Bar
tow Willingham of Forsyth; William
Kimsey of Jonesboro; Ernest Smith
eN6Do-L ,ad uouror1 CorDatt