The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-09-23
MORE ABOUT COURTS

In Wednesdays issue of The Press
and Banner, an editorial from the
Newberry Observer was reprinted.
The editorial referred to was under
the title "Going Too Far" and re-
lated to the order of Judge Frank
B. Gary continuing the case against
two chain gang guards in Spartan
burg County who are charged with
manslaughter. In publishing the edi-
torial the purpose Of this paper was
not to endorse the views of the edi-
tor. of the Newberry paper, but to
give the views of that paper merely
as information. '..
However, in the makeup of the
paper the editorial referred to ap-
peared on the editorial page Of this
paper and it may be supposed by
some that we printed the editorial
for the purpose Of giving it endorse
ment and of Joining in the criticism
of Judge Gary's order. We cannot
see how this could be the case, be-
cause the Press and Banner was the
first paper in the state, so far as we
know, which openly opposed the trial
! of men by mob courts and at times
when it was apparent that fair trials
could not be had in such courts. Our
view with regard to such courts is in
entire accord with the view of the
Supreme Court in the Gossett case
and with the order made by Judge
Gary at spartanburg.
:: The Observer correctly says that
some Of, the facts with regard to the
calling of the special term of court
at Spartanburg were different from
the facts with regard to the court
which tried the Gossett case But es-
sentially there was no difference. The
Supreme Court, as we read the Cos
sett case, granted a new trial among
other reasons because under the facts
as found by that court the defend
ant, did not obtain fair and impair
,<tial trial. He was, therefore, denied
his constitutional rights. In order to
prove that he was denied fair and
impartial trial the facts surrounding
the trial are enumerated, and the fact
that the court was called by the
Solicitor especially for the trial of
+ the, Gossett case is emphasized. The
new trial is not granted because the
court was called merely for that
purpose, but because Gossett did not
obtain fair trial, and that fact is
cited as evidence of the general con-
clusion. The court might have deter
mined from proper facts that Gosset.
did not obtain fair trial at a regu-
lar term, of the court, sand if the
{, facts showed such to be the case, the
court would as quickly have granted
q new trial. The Supreme Court con-
demned special courts called by the
solicitor without consulting anybody
else for the reason that they are gen.
s;erally petitioned for by. the people
while their minds are inflamed, and
when the community is in no state to
give constitutional trial. AS rule,
therefore, it may be said that these
courts are instruments of injustice
(under the circumstances stated }
rather than instruments for the rem
dition of just judgments. ..
~ In the Spartanburg case it is true
that special term Of court was
called for the purpose of trying other
cases (and there can be no objection
to the proper authority calling spe,
cial terms Of court to try cases car
ried over from other terms, nor tc
try cases in which feeling is not man
ifested.) Pending the convening o.
the special term of the court at Spar
tanburg a white man died under cir
cumstances indicating that he hat
been brutally whipped by two chair
gang guards. He died and there wa
a general feeling that the whipping
had something to do with his death
The Coroner's jury held tie guard
, for manslaughter, and judging by tn
papers which we read with reference
to the crime, there was much feeling
and general discussion of the ALLEGED