Historical Newspapers of South Carolina

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STATES IIIS POSITION. Attorney Who Defended Mount\ illc Neun?? in Magistrate's Court. To the Editor of The Advertiser: I notice on the editorial page of your paj ir of hist week, under the caption ""Rights of Rural Police**, you have something to say in regard to a cer tain ease that was tried before the magistrate at Mouiltvllle. This arti cle, it apeai'S, is based upon informa tion coming from a certain rural po liceman, who was the prosecuting wit ness in the case. Since, however, you have seen lit to put this matter before the public, and I shall not raise one word of criticism, 1 feel that you are true and just enough to your readers to lot the entire matter appear just as it happened and let the verdict ol publi ' opinion be moulded only when the true facts are heroic them. Before giving the details of the Mouiltvllle trial I wish to be thorough ly understood that 1 am not replying to the editorial for the purpose ol "^indicating my position, because the tits below will show that the posi 11 needs no vindication. I am not replying to the editorial for the pur pose of nuiking an apology, as no apology is due for the faithful per formance of duty rendered to a client w ho lias placed his cause in my hands to Bee that a fair and impartial trial is meted out to him according to the lask ; of the State, and such was my pos.i! Ion. Below I give you the facts of the Case as presented at the trial: The <!' !< ndailt was arrested and tried un der :< ? arrant charging him with being "intoxicated on church grounds, us ing blasphemous language and resist ing IUI ofllcer." 1 first made the point thai the warrant failed to charge the crime >f "resisting an ofllcer" and ask ed :)'?.?.: the same be stricken from the wai rant, or thai the warrant be amend ed so as to charge the offense. The motion to strike the charge from the warn 111 was denied by the magistrate, who, also, refused to amend the war rai o as to charge the offense. The trial proceeded on the warrant as Or finally drawn. A jury was empan el' '. .hieb was composed of some ol II best men in Lauretis county, men wl ) know the sanclty and meaning ol .an o rb ami to them was left the Inno cence or guilt of the accused, which the? 'ried. as charged by the magis trate, by the law and the testimony. Only two witnesses for the State wi re sworn, one of them a rural po liceman and the other a young white boy, a son of the ;:i..| magistrate. As I \ i< veil the 0030 it was not necessary for tlio defense to put up any testl or small headstones recelvo the same careful attention from ear expert workmen. Wo buy carefully at tin- quarries and watch every detail of desiKninsr Anishing ami sotting of memo rials. Don't buy from travel ing agents or catalogs. We can show you the material, wheth er it he granite r.> marble, ami are glad to advist with you a bout improving your cemetery lots. 1,el us show you the dif ferent Krunites and murhles ami tell you about them. P. F. BAXTER -S SON, Newbeny, C. EXPERT WATCH, CLOCK AND Jewelry Repairing IS MY SPECIALTY Satisfaction Guaranteed. Prices Modorato. A full lino of Watches ull reliable makes awaits your inspection. My lino of .Towelry is Now and Up-to-dato at very moderate price. Expert Watchmaker and (iraduato Optical). Nrit lol.raj'ltllolrl, - ILuiirrn*, H. < . inony. us absolutely no case had been made out against the defendant. Hav ing put up no testimony I had the op ening and reply In argument before the jury. The state informed the court that it would have no argument as all the facts were before the jury. I read over the testimony carefully and found that there was no proof that the county policeman who made the arrest was an officer and argued to the jury that before they could return a verdict cd' guilty it must be shown by the evidence that the person resisted was an officer in tlie actual discharge of his duty. Here is where I alluded to the blue clothes, brass buttons and badge, but not until after the said rural policeman made the assertion to the jury that his blue clothes, brass buttons and badge were evidence of his power and authority to make an arrest. I then told the jury that the rural policeman's paraphernalia had j not been introduced in evidence and Could, therefore, not be considered in the trial of the defendant on the Charge of "resisting an arrest." 1 was convinced then that 1 was right on the proposition and since 1 have had no reason to change my opinion. l also argued to the jury that no per son, except an ofllcer had the right to make an arrest, unless the person being arrested had committed a fel ony, I further told the jury that it any person other than an olllccr at tempted to arresl a party for any crime below the grade of a felony that such party would have the right to resist such arrest, ami could use so much force as was necessary to prevent an unlawful incarceration ol his person. I went a step further and told the jury thai stich person could take the life ol any one who attempt ed to make such an unlawful arrest, if that much force were necessary to prevent it. and that 1 conceive to he the law in this State. 1 can cite numerous decisions of our supreme court on that proposition and shall he only too glad to enlighten my friend, the rural policeman, if lie so desires, is an attorney to lie censured when he argUCS the law in his cause some people who may hear him will misconstrue its meaning? Was it my duty as an attorney to sit with closed lips and a still tongue and allow the person who had placed Iiis cause in my hands to stiller lor a crime that had never been established against him? Am I responsible for the mag. 1st rate's mismanagement of the case or the deficiency of the state's testi money? Was it my duty to take the defendant's money ami then assist the court to convict him.? 1 don't thine. I any right thinking person can answer I "yes" to any of the foregoing ques tions. ami in their answer lies the bone of content ion. In regard to the other charges in the warrant, there was very little testimony, but conceding that it was sufliclcnl to variant a conviction .lit State failed to prove the venue of the case, which was necessary before con viction could be bod, and the jury very properly found the defendant not guilty on all charges As to that. it will only he necessary to say that it is the fundamental maxim of the law that he who alleges must prove, and the State alleged in the warrant that the crimes set forth therein hap pened in Laurens county, therefore. It was its duty to prove It. \ i's. it is the duty of .in attorney to uphold the majesty of the law. ami he has taken a solemn obligation to de so. but that obligation has never im pressed me to mean that he shall for sake the interest he has sworn to pro tect and no such construction can he drawn from it. In conclusion I wish to say that I did nothing in the trial of this case, except that Which the law of the Slat > would justify and the oath id' an ;:t tornoy would require. HOW TO (THE RIIKLM1 \TISH. It Is an Internal Disease ami Requires The cause of Rheumatism ami kin dred diseases is an excess of uric acid in the blood. To cure this terrible disease this acid must be expelled and (lie system so regulated that no more acid will be formed in excessive quantities, Khoumntlsm is an internal disease ami requires an internal reme dy. Rubbing with Oils and Liniments will not cure, affords only temporary relief at best, cause's you to delay this proper treatment, allows the malady to get a firmer hold on you. Liniments may ease the pain, but they will no more cure Rheumatism than paint will change the fibre of rotten wood. Science has at last discovered a per. feet and complete cure, which is call ed "Rheumaclde." Tested in hundreds of cases, it has effected the most mar velous cures; we believe it will cure you. Rheumaclde "gets at the joints from the inside," sweeps the poisons out of the system, tones up the Btom ach. regulates the liver and kidneys and makes you well all over. Rheu maclde "strikes the root of the dis ease and removes its cause." This splendid remedy is sold by druggists and dealers generally at f>0c. and $1 a bottle. In tablet form at 25 am! 50c package. (let a bottle today. Hook let free if you write to Bobbltt ('hem leal Co., Baltimore Md. Trial bottle tablets 2,*>o. by mail. For sale by LAU? RENS DRUG CO. Respectfully. .'NO. M, CANNON. ==Remember? To see us for The best job of Electric Wiring, Electric Chandeliers, Electric heating devices of all kinds. How about a front door Bell? Swygert & Teague Agents "E. JVl. F." Automobiles 0 ]ter & Bro's. (IRE AT-: WHEN ago) yoi. Hut now 1 f you ai\ facts in They ai of building They are building itself V ig Sale Apply to Local IVah C0UTUIG1I V ON ft x x gXXK><><><><>0<><>0<><><>0<><<>><>O0<><^>^ must go. Many con we are offering fill I 111 1171 X X This means money to every buyer of Dry Goods in Laurens County. Money saved in your purchases is money made. BE ON HAND India Linon 15c India Linon 12,'Jc 10c 10c Flaxon 10 ,10 .08 .08 Curtain Goods 12! jC Lace Curtain Goods . 10 10c " " .08 10c Scrim .08 Table Linen 25c Table Linen 50c .19 .37 Lace Lace, only, per yd .03 Handkerchiefs Ladies' Handkerchiefs .02=.03 Men's Handkerchiefs .04 Hosiery Ladies' Drop-stitch Hose only ..07 Men's Fancy Hose, 10c, 15c, 25c kind to go at .07, .10, .17 Special Bargains Poe Mill Bleaching. .08 10c and 12',c Cambric .08 10c yard wide Percales ... .08 10c Chambrays .08 10c Flowered Lawns ... .05 Corset Covers .10 Hose Supporters .10 Full yard wide Sea Island. .05 ?-*yo,* Bi /gain Table One solid table full of Calicos, Ginghams, Chambrays, to go in this sale at .04 Embroidery 17-inch E mbroidcry, at only, per yd . 1 7 Men's Shirts They are fine for this hot weather. Men's Negligee Shirts only .35 Good Work Shirts only .35 Slippers All Low Cut Shoes must go. $2.00 Men's and Ladies' $ 1.48 1.19 1.50 1.25 1.00 ?< < < < < .98 .69 Chewing Tobacco 10 lbs good Tobacco only . 2.85 Special Bargains Ladies' Waists $1.00 White Waists foe 50c .79 .48 .37 Belts Ladies' Wash Belts .08 Millinery See how the Millinery will go just cut half in t wo 25c Sailors . 1 3 50c " .25 $1.00 " .50 Be on hand. Overalls $1.00 Overalls only .79 Can't buy the cloth for that money. 7 packages Gold Dust 7 cakes Fairy Soap 8 packages Soda 7 cakes Octagon Soap 7 packages Celluloid Starch 1 set large Plates Jelly Glasses, per dozen, only .25 .25 .25 .25 .25 .25 .19 Come Saturday, Sure! Be on hand early and do your shop ping Saturday, for the Store Will Close July 4, and we have a lot of things you will need for your holiday. J. L. HOPKINS LAURENS, SOUTH CAROLINA Y