The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1921-05-25

DeYore Of Edgefeld presiding. Sohcl-
& stoxcallison, Stenographer Anderson
Y1rrk Of Court Harmon and Sherlt
Roof were at their posts of duty ana
the machinery of the court was soon
il morton.
Early in the day the grand jury
ssslt,rourht in a special presentment re-
senting the transfer of the SWyeere
. case to Riehland county. AS reported
in The Dispatch-News last week TINS
action was taken upon the order OF
the attorney general upon represen-
{ .tations made by attorneys for the
prrosecution. Following the grano
siury,s presentment Solicitor Calhson
i ! =, z,os5e q statement to the court, In
which he said that it was not upon
6t,is motion that the action of the at
torney general had been taken. His
opinion was that it was bad pre-
! cedent and he had refused to request
4fti1e, attorney general to order the
case tried in Richland. Since, how
ever, he had received orders from the
Il attorney general, the head of the
states legal department, to Wlthhold
4 the Indictment in Lexington county
he was left no choice in the matter.
Judge DeVore explained the law
which provides that case may be
81 tried 5eirf1er in the county where the
sshootins occurred or where the death
s pccurred. He sustained the position
taken by Mr.. Callison that the solici-
ssssstors must be governed by the decision
sssof. the attorney general.
The presentment is as follows:
szttIt has come to our attention that
an effort has been made by high
Asfate officer to have the Swygert case
carried to Columbia for trial and
55sstakeu aWaXa from. Lexington county
it happened. We think this IS
:ssssaa ia uneaNed for reflection on our
ss county and our people. We have not
heard of any other county being treat
s:s5ed that way and we can see no reason
why Lexington should be. We know
9fhat the citizens of this county are
able to take care of their own
s affairs without outside interference,
I'd we condemn the reflection on our
sSecunty and our people.
$50 we understand it is our duty, un-
6 der our oaths, to investigate matters
s. like this and all others of a probable
criminal nature happening in our
county, and we call upon the Solicitor
Of our circuit to prepare an indlct-
8 ment for US and send the witnesses
s. before us so we may do our duty fully
sss:as, grand jurors Of the county. We
gszi,rge that this be done at once so we
twill not have to attend court any lon
ger than is necessary to do our duty"
Further developments in the case
sssWill be watched with interest. The
scrirninal court in Richland will be
& IN session for some time. 1t is pre-
& b s.sumed that Solicitor Spigner, follow
sing the instructions of Attorney Gen
eral Wolfe, will hand out an indict-
SSrnent against Swygert at the present
term.
Constables Come Clear.
Luther Crout, Alva Dew and Will
Mitchell, two of whom were duly ap-
sueinted deputy sheriffs and the other
ma agistrate's constable. were acquit-
ted Of the charge of murder. They
ad been indicted for the killing OF
sss n. Brown near New Brookland
8Slast May. Brown had accompanied
W.. OFT, federal prohibition off,
Ger, and transfer driver named Neely
to a patch of woods near New Brook
land, said to have been a rendezvous
sfor liquor runners. OFT claimed TO
have been in search Of captured liquor
which had been buried. The con-
& stables claimed that they came upon
1.-THE car and when they accosted the
party in the automobile they were
with a command to throw up
stheir hands and were fired upon.
mitchell was wounded in the leg The
& shooting became general and in the
4nelee Brow. was killed and OFT was
wounded. After dclibcratn:; {. short
time the jury brought in 4 verdict e
& not guilty. The defendants We're rep
resented by Cyrus l.. Sh.;,ly and /.
ssL Asbill.
Kelly Case Postponed.
;<s Judge DeFore granted 4 continue
Don't forget the Book Shower Fri