Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1922-03-31
JUDGE AND JURY.
Also Some Measure Of Credit Belongs
to the Solicitor. ...


to the Solicitor. .,.
There has been just one acquittal OF
a person charged with crime in tins
court Of general session in this circuit
since last November, yet there have
been FIVE solid weeks of court.
Who are responsible for this remark
ably fine and inspiring record Of law
enforcement which is credit not only
to the circuit court, but also to the
Palmetto state?
Solicitor David w. Smoak in an in
terview with The Piedmont yesterday
declared:
"The reasons are just two-first,
Judge Gary; second, good jurors.
courteous, courageous, firm as
general at the front, one Of the best
lawyers on the bench in the South,
gentleman of the old school, Judge
Frank B. Gary, of Abbeville, Is In my
opinion the ideal judge.
HE is decidedly law enforcement
Judge, too. He did more to arouse the
conscience of Greenville county In one
hours talk to the grand jury last jan
uary than I was able to do as solicitor
my whole first year in office. In theoe
piping times men Of his type are worth
their weight in gold; almost by hlm-
self Judge Gary would stop the reign
of, terror in the Thirteenth circuit
see him leave the circuit with genuine
regret and II the time ever comes
while l am In office that law should
be passed rotating the solicitors In the
state like Judges, I think / shall be
asked to go around with Judge Gary.
las for the jurors their record OF the
past few month speaks for itself. In
INV opinion the names Of the men who
have so faithfully served the people
this year both as grand jurors and petit
Jurors should be written in marble and
placed in the courthouse as an example
of the highest type Of South Carolina
citizenship"
It is unusual for a solicitor thus to
pay tribute to a judge, but 1t Is In this
case thoroughly warranted The Pied
mont is glad to concur in all that is
here said of Judge Gary who is indeed,
to use a Shakespearian phrase, IAN up
right Judge, a learned judge" whose
conduct of his high office is worthy OF
the best traditions of the South Caro-
lima bench.
In addition the jurors deserve the
warm praise accorded them by Solici-
tor Smoak. The strength OF the state
lies in Jurors who will Justly, intefli-
gently and honestly do their duty, so
that Justice Is maintained through the
punishment Of the guilty. All honor 10
these men, who at sacrifice Of time and
money, have thus we'll and truly serV-
ed their county and their state.
In his statement Solicitor Smoak has
failed to mention a public officer who
is entitled to as strong commentator
for the enforcement of the law through
the courts as anybody else-and that
man is Solicitor Smoak himself. 1t has
been only little more than year
since he entered upon the duties OF his
office, but in that brief period he mas
made a record Of successful conVic-
tions which will compare favorably
with that of any other solicitor IN the
history of the state. Without fear or
favor he has done his duty, knowing
neither friend nor foe in the discharge
of the responsibilities committed to his
hands by the people Of this circuit. He
has not been puffed up and made ar
rogant and overbearing by his author
ity-to all persons he is equally consid-
crate and courteous. He has not pros
ecuted his enemies and freed MS
friends. He has siven all square
deal, without reference to personal or
political considerations. In the power
and eloquence of his arguments In the
courtroom he can be compared with
that other brilliant young solicitor OF
this circuit nearly century ago, Wa
rem r. Davis. At time when there
was much crime, the Thirteenth cir
cult is fortunate indeed that 1t mas
such a vigorous, unrelenting, uncom-
promising and able public prosecutor
as David w. Smoak.-Greenville Pied-
mont.