The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-02-13

nect1On | Will say Cnal am CONSCIOUS
of no personal i'll will towards the de-
fendant, as I have never, under any
circumstances, had a personal trans
action with him.
Recalls Blacks Threats.
'*It is true that the defendant, while
I was performing my duty as a mem
Der of the legislative Investigation
committee, did, while in company with
one whom l have since been inform
! ed, is a brother, threaten and offer to
do me personal violence because his
conduct as a dispensary official Wa
being probed, and that he did On that
occasion use language which would
have been offensive had it come from
one not similarly circumstanced. Still,
I nave never thought it necessary for
the defence of my honor to engage in
physical encounters with any of those
WHO were Ou6uN0u Wy 4oc"oOA ~ 20
posure, or impending exposure,
; through my activities in investigating
their conduct as dispensary officials.
It is probable that this de-
fendant, together with many, if not
all, dispensary grafters, bear i'll will
towards me, still I am confident that
the law-abiding people of the State
vii esteem me no less for the enemies
I have made.
Not Transferred to Chester.
,"The governor asks: "Why was the
case transferred to Chester; why left
there, why was it not tried in Colum-
bia, or in the same circuit, at Ker-
! shaw, or if it must be the 9Th circuit,
why not at Lancaster or Fairfield, or
York, why was it absolutely neces-
sary to go to Chester; why was it nee
essary to try it at that particular court
by a specially picked and appointed
attorney to preside?"
"This contains an untrue statement
The case was not transferred to
Chester. It was commenced there Or
iginally. It was not brought in Co.
lumbia, because one jury had acqult-
| ted Farnum, on substantially the same
charge and evidence to which he
pleaded guilty after his acquittal. And.
further, another jury had one Of the
dispensary graft cases withdrawn by
the Judge, because his instructions
were disregarded.
"Other Reasons" Also.
"Other reasons which are not sus-
ceptible of proof induced the wish to
try the case in a county other than
Richland. The case was not tried IN
Kershaw for the very good reason that
the Kershaw court had no jurisdiction
to try it, there being no evidence that
any part of the offence was commit
ted in that county. The same is true
as to Lancaster, Fairfield and York.
It was necessary to try the case in
Chester because the crime was COM
mitted there and that court had jurls-
diction. If for any reason conditions
! in Chester were such that the defend
ant could have not a fair trial there,
he had the right to move the court to
transfer the case to some other coun-
/ ty in the circuit, but no such motion
was made or suggested.
Defense Asked Delay.
"The case would have been tried
before Judge Shipp, at the June term
of the Chester court, but for the mo-
ton to continue made On behalf of
Black, which resulted in the trial BE-
! fore Judge Moore, in November. Ger
tairly, these are matters of which
lawyer Of great experience in GRIMM
al cases should be aware. If Judge
Moore was an especially picked and
appointed attorney to preside IN this
case, it was without my knowledge.
1 believe Judge Moore was appointed
to preside over the courts of that cir
cult solely for his ability and integ-
rity and without reference to Blacks
case. am also of the opinion that
his charge and rulings in this case
were without error and perfectly fair
to the defendant, otherwise the appeal
to the supreme court would have been
perfected and the errors, if any, cor
rected. The governors pardon, how
ever, INTERVIEWED and relieved the de-
fendant from further annoyance.
Law Knows no Caste.
tsT+ # ho trno that BLACK Is of eX-