The Pickens sentinel. (Pickens, S.C.) 1911-2016, 1914-07-16

S41 1S0lS-
Gentlemen:-I have for some
time been contemplating a few
suggestions I should like to make
to you which may be of benefit
to US all. Ishould like to talk to
you collectively, [ am taking
this means of bringing these
matters to YOUR attention.
AS you know the solicitor.
must get the information from
which he draws his indictments
from the garents which you
make out an.s = "a. IS VoTr war
rant Is cononSaa sda unles4inaictment
7e MADE MADE The The Dsolly. oily. an and
iisuu 5ing theseessA Sy5s Is lest ire formation
from tlseifs saSesseS, I advise
that in E-iak..ng out a warrant
you have before you the statute
covering the case. if the same
oea seatussry ofense, and charge
n your warrant the essential
clements of the crime. Some
late 1aust be alleged on which
;he o sffense took place. Do not
:ail- to set out in the warrant
;hf names Of the witnesses.
I'm drawing warrants for vlo-
slations of the dispensary law it
is very important to state the
names of persons to whom sales
were made. frequently a long
list of witnesses will be given.
and the solicitor will not know
who were the buyers. It there
are other violations charged you
must set out in what particular
the law has been broken. Ere
quently in cases Of this kind,
and for that matter in other
cases, too, the prosecutor will
give you a long list of names OF
persons, who are supposed to
know that the defendant. has
violated the law. and these wit
nesses are bound-over to court,
and it there develops that they
know nothing at all. This Of
course causes confusion in court.
Make the prosecutor ascertain
with some certainty what the
witness knows, mot by hearsay
but from his own knowledge)
and bind over only such wit
nesses as can help to make out
the case. Perhaps so many
warrants won't be issued, but
better results will be obtained.
Gases of assault and battery
give much trouble. frequently
cases are sent to the higher
court when had they been dis
posed of in the magistrates
court. it would have been to the
best interest Of the State and all
parties concerned. Oursupreme
court has held that not every
case where a weapon has been
used, which the law defines as a
deadly weapon, necessarily con,
stitutes a case of assault and
batterv with intent to kill or as
sault and battery Of a high and
aggravated nature; but the same
may be- a simple assault and
battery and triable by a nagis-
trate. For example, one may
strike another with a rock: Ii
the injury is Slight and there
are extenuating circumstances.
it is far better that the magis-
trate dispose Of the case than
that the time of the court of
general sessions should be taken
up with. such a trivial affair. l
do not mean that al. instances
are confined to the case | have
cited nor do I mean that the
higher offenses may not be COM
mitted with a rock, but let the
rule apply where in the discre-
tion of the magistrate, should
the case be- tried in the higher
court the fine would not exceed
one which the magistrate could
himself i'm pose, Sometimes
MAGISTRATES will send cases to
the higher court in which they
should take jurisdiction, because
they do not desire to decide
matters between neighbors. No
magistrate should shirk his duty
in this way. Your office is Gre
ated for the purpose Of relieving
the higher court of the trial of
these insignificant cases, and
the law specifically provides
that even in a preliminary hear
ing it appears to the magistrate
that the case is not OF such
gravity as to carry it to the
higher court he may assume
Jurisdiction and try the case.
In cases of housebreaking and
larcency the warrant should al
ways charge whether the break
inc and entering was in the
night or day time. This is es-
pecially important where the
building entered is a dwelling or
building under the protection OF
a dwelling. for in these cases the
ofense to be charged is depend
ent on whether it was night or
day.
Great trouble is caused and
much expense imposed on the
county by the failure Of wit
nesses to attend court. The
M u;ctratp cho1110 ac0ualnt