Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1915-05-12
CLARENDON LYNCHING CASE.
Supreme Court Affirms Verdict OF
Lower Court for $4,000.
Columbia Record, 7th.D

NNOluulDld IteCOEu, ltn.J
In an unanimous opinion, written
by Associate Justice d. e. Hydrick,
the State Supreme Court late Thurs
day afternoon affirmed the Judgment
Of the Circuit Court in awarding $2,-
600 exemplary damages to Madison
Cantey against Clarendon county for
the lynching Of his son, Marion Can
tey, there on February %, 1913.
Marion Cantey was arrested on a
warrant sworn out before Magistrate
l.. S. Barwick, charged with assault
and battery with intent to kill. He
was given a preliminary hearing at
Paxville the same day of the alleged
crime-Februry %, 1913-and was
sent up to the Circuit Court for trial.
That night the prisoner was sent, in
the care Of constable, from Paxville
to Manning. When they arrived at
Tindalls Mill, about 10 miles from
Manning, a mob Of eight or nine
men took Marion Cantey from the
constable and shot him to death.
Under the authority of Section 6
Of Article vi Of the Constitution of
1895, the lynched mans father, Mad
iSon Cantey, sued Clarendon county
for 50 600 exemplary damages, and
won the suit in the Circuit Court Of
the same county before Judge Rice.
Attorneys for Clarendon county then
appealed to the Supreme Court for a
new trial, on alleged errors in the
presiding Judges charge.
The opinion says, in part:
by Section of Article vi Of the
Constitution, and the statutes enact
ed hereunder, the lawmakers un-
dertoOk to make law which would
at least aid in preventing the crime
OF lynching in this State. The Con-
stitution provides that. in case pris-
oner lawfully in custody Of an officer
is taken from his custody, through
his negligence, permission or conniv-
ance, by mob or other unlawful as
semblage of persons and, at their
hands, suffers "odily violence or
death the officer shall be guilty of a
misdemeanor, and provides for his
prosecution, and suitable penalties
on conviction. The same section
provides that, in all cases of lynch
ing, when death ensues, the county
where such lynching takes place
shall be liable to the legal represen-
tatives of the person lynched in eX-
emplary damages OF not less than
$4,000.
Appellants sole contention is
that the trial Judge erred in instruct
ing the jury what constitutes "a mob
or other unlawful aSscmblage of per-
sons and in not leaving it to them
to find, without such instruction,
whether the persons who lynched
Cantey constituted "A mob or other
unlawful assemblage Of persons
within the meaning OF the Constitu-
tion and statutes.
1T was ltIrly the duty Of the
Court to instruct the jury and eX-
plain to them the meaning of the
words used in the Constitution and
statutes. 1t is a we'll settled rule
OF construction that technical words
or phrases rsed in a statute-espe-
cially one dealing with legal pro-
ceedings--shall have their technical
| meaning, unless contrary intention
appears. The phrase unlawful as
semblage' has a technical meaning,
and by using it as the alternative Of
the word mob it is cellar that the
lawmakers intended that mob
should mean the same as unlawful
assemblage. Therefore the Court
correctly defined the word mob as
| an unlawful assemblage Of persons
and correctly defined the latter
phrase according to the standard
, text books and our own decisions.
Judgment affirmed"
The auiHlne That Does Not Affect The Head