The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-12-29

ly in no uncertain terms, but as chief
executive of the State I will not criti-
else a coordinate branch of the gov
ernment-to wit, the judiciary, be-
cause, were I to say here what be-
lieve in regard to the matter and what
I have said both in private and public
conversations as a. private citizen, it
might by some be construed discour-
teous to the court In my opinion, as
a criminal lawyer of % years exper-
ience, and a practice which has made
for me a handsome living and paid
for several State campaigns las had
no other income,) I most positively
assert that if the original and we'll
known principle of law had been fol-
lowed and recognized in the Hunter
case, he would have been granted
new trial. Then, again, he comes to
a justice of the supreme court and
asks that the case be held up until he
can appear in the lower court to make
a motion for a new trial. Even that,
which had been extended to. many
others, was refused him and he was
informed that he would have to go
on his term Of service, and that there
was nothing to prevent him from
making the motion on circuit after
be had begun his service in. the peni-
tertiary. See 20 s. E. Rep, Page 3O6.
This was refused Hunter. but we no
tice, as late as December, 1911, when
a rehearing was asked in the supreme
court, certain wealthy and influential
defendants walked about at their leis-
ure even for some time after the su-
preme court had refused rehearing.
Why this very sudden change in the
rulings Of the court just at the time
he Hunter case appeared again?
Petitions From -Four Counties.
''In view of the his'Cry of this case
and strong petitions signed by about
700 people and coming from four
counties, viz, Laurens, NeWberry
Greenwood and Abbeville, and signed
by such men as Col. Thos. B. Crews,
Senator J. H. Wharton and Hon. David
H. Magill; also signed by several of
the jurors requesting pardon, par
doned the defendant, and I thank God
that I was in a. position to save this
boy and his relatives fro mthe hu-
initiation and the disgrace that was
attempted to be heaped upon him.
"I submit herewith the entire case;
the brief in the first case on the ques-
ton of change of venue, which will be
found in 79 S. c., page 81; the brief in
the appeal from Greenwood county,
which will be found in 63 S. E. Rep,
685; the brief as submitted to the su-
preme court of the United States and
the arguments of counsel in the State
and United States supreme courts, and
I beg and .beseech of all honest and
impartial citizens to read the records
thoroughly before they criticise me
for granting this pardon and to parti-
cularly compare Judge Woods's lam
guage in the Hunter case and Judge
Woods's language in the Lazarus case,
and then find out if a very near rela-
tive of any of the supreme court JUS
tees married a Copeland, and I am
satisfied that after you have given
careful study of the case. as I have
done, that you would have done as I
did, but, see Judge Woods in February
and in July, so short a time and so
different.
"In conclusion, I think this proper
time and place to call your attention
w Lut u1SSTul1uS OP411Ou VI y uoCANO
Jeremiah S. Black, in the case of Hole
VS.. Rittenhouse, Pbila, Ill, in which
he speaks as follows:
Justice Blacks Opinion.
"'When principle of law is estab-
lished by a long series of decisions,
without a single case on the other side,
to carry it out in plain good faith is
as sacred a duty as any judge has to
perform. His notion that it ought to
be otherwise is not entitled to mo-
ment's consideration. 1t is no part
of our Office to tinker at the law, and
patch it up with new materials of our
own making. Suitors are entitled to
it just as it is. Bad laws can be borne;
but the JUS vagum aut incertum-the
law that shifts and changes every time
it passes through the courts-is as
sore an evil and as heavy curse as