Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-04-06
CHAPTER XIV.

CHAPTER Nv.
The Honorable Abe Smithers was
not the regular judge Of the circuit
which numbered HiXon among lts
county seats. The elected incumbent
was i'll, and Smithers had been named
as his pro tenn. successor. Callomp
climbed to the second story OF the
frame bank building and pounded loud
ly on a door, which bore the boldly
typed sign:
"Asa Smithers, Attorney. at-law."
The temporary judge admitted a
visitor in uniform. whose countenahce
was stormy with indignant protest.
The Judge himc Elf was placid and smil-
ing. The lawyer, who was for the time
being exalted to the bench, hoped to
ascend it more permanently by. the
votes of the Holman faction, since
only Holman votes were counted. He
was young man Of powerful physique
with a face ruggedly strong and hon
est.
Callomb stood for a moment inside
the door and when he spoke 1t was to
demand crisply:
We'll, what are you going to do
about it?"
About what, captain?" inquired the
other, mildly.
rs it possible you haven't heard!
Since yesterday noon, two murders
have been added to the holocaust. You
represent the courts Of law. I repre-
sent the military arm Of the state. Are
we going to stand by and see this go
on?"
The Judge shook his head, and his
visage was sternly thoughtful and
hypocritical. He did not mention that
he had just come from conference
with the Holman leaders. He did not
explain that the venire he had drawn
from the jury drum had borne singu-
larly Holman complexion.
Until the grand jury acts l don't
see that we can take any steps"
And" stormed Captain Callomb,
the grand jury will, like former grand
juries, lie down in terror and inactivi-
ty. Either there are no courageous
men in your county, or these panels
are selected to avoid including them"
Judge Smithers' face darkened. If
he was a moral coward. he was at
least a coward crouching behind a
seeming Of fearlessness.
Captain" he said coolly, but with a
dangerous hint Of warning, Il don't see
that your duties include contempt Of
court"
NO" Callomb was now thoroughly
angered, and his voice rose. II am
sent down here subject to your orders,
and it seems you are also subject to
orders. Here are two murders in q
day, Gaping the climax Of 20 years Of
bloodshed. You have information as
to the arrival Of a man known as
desperate with a grudge against the
two dead men, yet you know Of no
steps to take. Give me the word and
I'll go out and bring that man, and any
others you name, to your bar Of justice
If it is a bar Of justice! For Gods
sake. give me something else to do
than to bring in prisoners to be shot
down in cold blood"
The judge sat balancing a pencil on
his extended forefinger, as though it
were a scale Of justice.
You have been heated in your Ian
guage, sir" he said sternly, but it is a
a heat arising from an indignation
which I share. Consequently, pass 1t
over. 1 cannot instruct you to arrest
Samson South before the grand jury
has accused him. The law does not
contemplate hasty or unadvised action.
All men are innocent until proven
guilty. If the grand jury wants South,
I'll instruct you to go and get him.
Until then, you may leave my part Of
the work to me-"
His honor rose from his chair.
You can at least give this grand
jury such instructions on murder as
will point out their duty. You can as
sure them that the militia will protect
them. Through your prosecutor you
can bring evidence to their attention,
you"
IF you will excuse me-" interrupted
his honor. dryly. "Fll judge Of how
am to charge my grand jury. l have
been in communication with the family
of Mr.. Purvy, and it is not their wish
at the present time to bring this case
before the panel"
Callomb laughed ironically.
No, could have told you that be-
fore you conferred with them. l could
have told you that they prefer to be
their own courts and eXecutioners, ex-
cept where they need you. They also
preferred to have me get a man they
couldn't take themselves, and then to
assassinate him in my hands. Who in
the hell do you work for, Judge-for-
the-moment Smitbers? Are you hold
ing job under the state of Kentucky,
or under the Holman faction of this
feud? l am instructed to take my or
ders from you. Will you kindly tell
me my masters real name?"
Smithers turned pale with anger,
his fighting face grew as truculent as
a bulldogs, while Callomb stood glar-
ing back at him like a second bulldog,
but the judge knew that he was being
honestly and fearlessly accused. He
merely pointed to the door. The cap
tain turned on his heel and stalked
out Of the place, and the judge came
down the steps and crossed the street
to the courthouse. Five minutes later
he turned to the shirt-slceved man who
was leaning on the bench and said in
his most judicial voice:
MIR. Sheriff. open court
The next day the mail carrier
brought in a note for the temporary
judge. His honor read ii at recess and
FASTENED across to Hollman's Mann
moth Department Store. There, in
council with his masters, he asked in
structions. This vas the note:
The Hon. Asa Smithers.
L..