The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-12-06
REFUSES TO IaDIcT FIELDER,
"NO BILL" RETURNED BY GRAND
JURY AT NEWBERRY.
Action In Case Involving Charges of
Bribery I'm Connection with Ole
State Dispcnsary Affairs Follows
Additional Charge by Court, ut
Grand Jury's Request.

Newberry, Nov. 29.-Shortly at
ter 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 So
cial effect Of prosecution Of Thomas
b. Fielder. Of Atlanta, for alleged
bribery In connection with the 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.
1t is understood that there was
considerable division among the
grand jury upon what finding should
be made. From the question ask
ed by the jury. and from other cir
cumstances In connection with the
consideration Of the bill 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 Newberry for a short time between
trains today, on his way to his home
in Abbevlle. He did not appear in
the Court room. In fact, he reached
Newberry after the finding in The
Fielder case.
Fred H. Dominick, Esq, a member
Of the dispensary winding-up conf
mission, said tonight that he had 10
statement to 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 induc-
cd to make some twenty years ago,
and that was an honest effort to
make respectable a nefarious busi-
ness, then Of selling liquor to men,"
II trust" he said, the State has
tried that experiment to it's 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 against Evans hav-
ing been brought in the Newberry
Court and having been nolle pressed
by the State.
With reference to the matter of
expense. he said. "if 1t is true that
Fielder offered these men a 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 q true bill, no matter
what the expense is. But, on the
other hand, If the testimony does
not satisfy you, if you are not satig-
fed that the prosecution is for pub
lie purposes, or, to put it differently
If you are satisfied that the prosecu-
tion Is not for the public good and
will not end in public good, you have
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
ii to stand until more satisfactory
proof comes to your hands.
"But above all things, gentlemen ~
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 consider
alton and look to the truth and yhe
truth alone and plant yourselves
firmly upon the truth, and go to that
goal to which truth leads you. II
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 tc
reach a wrong conclusion"
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