The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-09-20
AN IMPRESSIVE CHARGE.
Judge r. Withers Memminger's Strong
ExhOrtatiOn to Laurens COun-
ty Jury.

Laurens, Sept. 14.-One of the most
impressive charges to jury heard in
Laurens in long time was delivered
by Judge R. Withers Memminger in
an arson case here this afternoon. Two
negroes were on trial charged with
burning a barn, the fire resulting ID
considerable financial loss 10 prom
inent farmer, Mr.. w. L. league, VINO !
lives eight miles south Of the city.
The defendants were without money
and without friends. At a preceding
term of court counsel were appointed
for them, and while the lawyers who
represented them by appointment of
the court were as Jealous and earnest
and conscientious in the defence as
thew could have been had there been
q large fee in the case, and conducted
the case with marked ability, the fact |
that the negroes were unable to have
counsel employed for them showed
the circumstances under which they |
labored in face of the serious charge
against them,
The case was the last Of tie term,
and did not reach the jury until Sat
urday afternoon.i
In concluding his charge to the
jury, Judge Memminger spoke of the
serious responsibility cast upon the
jurors during the closing hours of the
session, and took occasion to thank |
( the lawyers who had defended the
prisoners, earnestly a9d ably, without
reward or hope of reward. Continu-
ing, the court said:
''Now l trust that you gentlemen, in
celebrating upon the case, will feel
the responsibility which is upon you, !
because, although it is the closing :
hour here, and when ycu are
charged from this case you IL be
able to go to your homo ou must
not consider that you will hurry
through this case. Nor does it seem
to me that you have On trial only the
question of these humble people here,
as to whether they be guilty or not
5 guilty. Some people reason and ar
que to you that life and liberty are as
dear to one person as to another, and
I it may be so; that there is no differ
ence in that particular as to the most
refined and cultivated intellect or the
humblest sort of creature that walks
the earth-that it is nothing more
than mere stalled OK that is fed and
goes out again to bear it's yoke. But
that is not the only question you have.
There is involved in all these cases
the putting on trial of the system We
have in vogue of trying these ques-
tions by jury. That system is On trial,
as we'll as are the defendants, and you
do not want to make any mistake
about this sort of cases.
''Now, where an offence has been
committed, and you are certain you
have the right person, and it is mat
ter as to whether some technical de-
fence should prevail or not, you al
>ways feel that a mistake may not be
so serious, and that as much can be
said upon the case on the one side as
upon the other. But when you are
uncertain as to whether an offence has
been committed, and serious one, |
and you are uncertain as to whether
you have the right person or not, and
you make mistake about it, then you
have struck right at the fundamental
idea. and have struck serious blow
upon the system by which we seek to
administer justice among people, be-
cause you not only have got the wrong
person and punished the wrong per,
son for the crime, but you have set
at liberty the one who actually did
do the crime, who rldlcules and
laughs at our efforts to get at the
truth CT it, and the one you have pun
ished becomes an enemy to society
and ridicules the system we have in
vogue i
"Now, that responsibility is always
for the iurv in cases of this sort, and
I trust you gentlemen will feel it, and
am quite sure you will discharge /, !
carefully and seriously.
81 sometimes hear solicitors in the
State say to a jury, in counties which
are not their home counties, that this
is your county, your case and they
care not what they do with it. But