The Pickens sentinel. (Pickens, S.C.) 1911-2016, 1914-07-16
How Magistrates CanAid Courts;
Solicitor Bonham's Suggestions

bond signed in blank is no bond
at all. Witnesses cannot be
compelled to attend court upon
such a paper, nor can the defend
antbeforced to come to trial orhis
bondsmen held responsible for
his failure to appear. Where a
defendant gives bond to appear
for a preliminary hearing and
his case is sent to the highest
court a new bond must be taken.
The magistrate should apprise
the witnesses of the time of
holding court and admonish
them that no cether process is
is needed to-, compel their at
tendance. Il should be made
known to Enem that the witness
is in copSempt of court should
he fak to answer and can be
arrested upon a bench warrant
ana placed in jail for such con-
tempt. Tt is well to advise the
I witness, too, that his bond holds
GOOD until the case is finally
disposed of and that he must
continue to attend court until
the same is ended,
In addition to this, great care
should be exercised in those VINO
are accepted as bondsmen for
defendants. The purpose of a
bond is first to assure the at
tendance of the defendant at
the higher court; second, in the
event that the defendant fails
to attend, to indemnify the
State, for such failure to the
amount of the bond. The per-
son taking the bond therefore
should see Chat it is properly
sworn to and that the person
signing the bond is worth the
amount of the same, over and
above his liabilities and home
stead. The magistrate should
not be satisfied just to accept the
bondsman's word for it. for fire.
quently he does not understand
the legal significance of the affi-
dayit he makes, but the magis-
trate should be satisfied from
reliable additional information
that the bondsman is good for
the amount of. the bond. The
bondsman should also be ac-
Quainted with the fact that it
he makes an affidavit that he is
worth the amount of the bond
over and above his liabilities
and homestead and the same is
not true he may be indicted for
perjury.
I want to caution you partic-
ularlY against the professional
bondsmen. Iregret to say there
are men who are in the business
of signing bonds for a fee.
Necessarily they are not partic-
ular whose bond they sign. and
men frequently are released who
have no intention of appearing
for trial. The law is thereby
defeated in making an example
Of one we'll deserving of punish
ment. I would advise, if you
consider accepting such a bond
at all, that you have the most
positive assurance that a judg-
ment against the bondsman will
be good if the condition Of the
bond is broken.
There is a class Of cases that
cause no end of annoyance to
the court. I refer to cases in
volving money matters. where
the warrants are sworn out for
no other purpose than to collect
a debt. [ hesitate to name the
small per cent. of these cases
that get to trial. Our highest
court has repeatedly and dis
tinctly said that the criminal
courts are not the places to col
lect a debt. I most vigorously
discourage this practice, and
where it appears that no other
motive prompts the prosecutor,
advise the magistrates to refuse
to issue the warrants.
It will be my pleasure in any
way can to assist you, as best
I am able to understand the du-
ties Of your office.
P. A. BoNHAM.
Solicitor 18th Circuit.