The sun. [volume] (Newberry, S.C.) 1937-1972, September 07, 1945, Image 4
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THE NEWBERRY SUN
FRIDAY, ^31^; i *, 1043
1218 College Street
NEWBERRY, SOUTH CAROLINA
O F. ARMFIELD
Editor and Publisher
Published Every Friday In The Year
Entered a* second-class matter
December «, 1937, at tht postoffice
at Newberry, South Carolina, under
the Act of Congress of March 3, 1879.
SPECTATOR
Trial by jury comes to us from
England. Or, it was brought from
England by the colonists who regard
ed themselves as merely transplant
ed subjects of the Kin', and entitled
to all the rights, privileges and im
munities of the British Constitution.
The 7th Amendment to the Federal
Constitution is one of the ten adopt
ed in 1790 and known as our Federal
Bill of Rights. The Amendment it
self is an addition, of course, to the
Constitution and was made a part of
it. It reads: “In suits at common
law, where the value in controversy
shall exceed twenty dollars, the right
of trial bv jury shall be preserved,
and no fact tried by a jury, shall be
otherwise re-examined in any Court
of the United States, than according
to the rules of the common law.”
Men have won certain privileges
by dint of perseverance over long
periods and they have had to main
tain those privileges at enormous
cost.
We observe that the language
leads us back along the road of his
tory: the right of trial by jury, it
says.
It has been pointed out that in
chancery or equity this “right” does
not apply. Applications for an in
junction are heard by the Judge; so
are applications for a writ of Spe
cific Performance. There is a great
difference between those two. An
injunction may rest on a lot of facts,
especially a permanent injunction. A
temporary injunction may prevent
irretrievable loss until the issues are
threshed out. Specific performance
rests on a record, though either side
may undertake to prove by an agreed
statement of fact that the original
ag.cement could not be carried out
as contemplated because the facts
will not permit.
This 7th Amendment is supposed
to apply only to suits in Federal
Courts. A suit at common law is an
ordinary suit to recover money or
property. Strangely enough it is
said that there is no common law
for Federal Courts. The Common
law is the law of England, compound
ed of old charters, customs and
statutes, the law in principle as of
the time of the settlements in this
country, or beforr our independence.
The overwhelming importance of
the right of trial by jury is attested
by the conclusive result of a jury
verdict: No fact tried by a jury can
be overruled by any court of the
United States. Again, this applies
to Federal Courts.
An authority points out that this
does not limit the power of a State,
and cities the workmen’s compensa
tion Act, which is not a trial at all,
but a hearing previously agreed on.
If we go deeply into the philosophy
of law we might challenge that. How
ever, the assumption is that the em
ployers and the employees have
agreed to certain rules and rates in
certain cases, for their mutual ad
vantage.
The sixth Amendment guarantees
a jury trial in Criminal 'prosecutions,
the jury 1 to be of the same State and
district wherein the crime was com
mitted. Section 2 of Article 3 pro
vides: "the trial of all crimes, except
in cases of Impeachment, shall be by
Jury.” All this is for Federal juris
diction.
Let us look brifely at the State
Constitution: No person may be
tried, except by indictment or pre
sentment of a Grand Jury if the pun
ishment would exceed $100 or 30
days.
Article 1, Section 17.
Again in section 18 the accused is
guaranteed an impartial jury. Fur
ther, in section 25 “The right of trial
by jury shall be preserved inviolate.’’
In article 5, section 22, “All persons
charged with an offense shall have
the right to demand and obtain a
trial by jury.” Then follows the re
quirement of six jurors for magis
trates and municipal courts; the
petit jury in the Circuit courts shall
consist of twelve men (it says men)
though the Grand Jury shall consist
of eighteen members. Each juror
must be a qualified elector, between
21 and 65 years, and of good moral
character.
It is worthy of notice that in our
State courts “Judges shall not charge
juries in respect to facts, but shall
declare the law”. It is not so in
British Courts, nor in our Federal
Courts. Perhaps we should fare
better if our judges might review
and discuss the evidence. Our State
Constitution declares that in prosecu
tions for libel the jury shall be judge
of both the law and the facts. Sec
tion 21, article 1.
It is a British tradition that the
evidence in a criminal case must
prove conclusively the guilt of the ac
cused Neither the Federal nor State
Constitution, however, says anything
about it, as I recall. This is a great
principle of our jurisprudence, but
seems to have escaped the framers
of the supreme law. It is said that
the French assume the guilt of the
accused and he must vindicate him
self. Our city courts seem to work
on that idea.
In our courts, State and Federal,
again clinging to British tradition,
t\, accused is tried, acquitted or
found guilty on the evidence adduced
at the trial. This iq so basic that I
wonder that no mention of it is made
in either the Federal or State Con
stitution. The oath administered to
a juror covers this, but I recall no
Statute or Constitutional provision
for it. It appears to be an instance
of custom having the force of law.
Says the oath: “You shall well and
truly try and true deliverance make
between the State of South Carolina
and the prisoner at the bar, and a
true verdict bring according to the
evidence, so help you God”.
Where did we acquire the institu
tion called the jury—both Grand and
Petit? This jury institution which
was so much a part of our life that
the denial of it was one of the counts
in the indictment against the King
of England, as seen in the Declara
tion of Independence: “For depriving
us in many cases, of the benefits of
trial by jury”.
This may . be an exhausting study,
but it has not the merit nor the pre
tension of being exhaustive.
Singularly enough, I who now come
from Clarendon, go back to Assizes
and the Constitution of 'Clarendon, in
the reign of Henry the Second of
England, to seek an early point in
our jury practice.
Justice used to be bought and sold;
men used to be arrested at the whim
of the King—and others—and other
wise ill-treated. The Judge was en
tirely arbitrary Henry the Second
instituted a regular jury service, but
it was somewhat different. It was
more like a combined Grand Jury
and Petit Jury. It was a body of
men who acted on their knowledge,
rather than on the evidence. They
infoimed the Court. The Grand
Jury, by the way, was like the eye of
the King; it presented matters to
the Court; it looked about to see
that violations of law were report
ed to the King’s Courts. We are in
grave danger in our Federal Courts
of substituting “an information” for
a presentment or an indictment by
the Grand Jury. When the Sheriff
of Anderson County was arrested, it
was on “an information”, not by any
act by the Grand Jury. The practice
is growing in the Federal Courts and
should be squelched now before it be
comes a law by custom superseding
the Constitution.
The Jury trial was also the first
step in what is spoken of as the
equal protection of the law—meaning
that all men stood as equals before
the bar of justice; and that all are
amenable to the law in equal degree.
There is no more democratic prin
ciple than that of our jury trial. The
jury is a group of twelve (or six)
people of our neighborhood, of our
County ,and of nearby counties, in
Federal Courts. It is a basic partici
pation in government and should be
seriously accepted by all citizens, for
nothing touches a man so intimately
as the loss of his liberty and the de
fense of his name and rights.
Citizens who dodge jury serivce are
doing a large part to create and
maintain rings and injustice If your
liberty and property are worth so
much to you the other man’s are to
him.
Think what it means, that a man
is entitled to a trial before his peers,
his own neighbors and fellow citi
zens. The O.P.A. Commission in
Washington I regard as a gross vio
lation of our Constitutional rights,
clearly contravening the Constitu
tional guarantee of trial by your nei
ghbors
We carry on great political cam
paigns for members of the Legisla
ture; and we scan the papers to see
if they have increased the taxes. If
they add enough mills to the levy to
increase our tax burden $5000 we
raise a hue and cry. That is, the av
erage man raises a storm about an
increase of $50; but the Corporation
whose payments increase $50000 feel
happy and acquiescent because it
wasn’t $100,000 A petit jury, how
ever, can assess you $50,000 or $100,-
000 on a mere trivial cause of ac
tion.
This great power; this splendid
feature of our democratic govern
ment, is becoming more oppressive
than old King John of England. The
jury verdict for damages is a power
we must regulate in the interest of
justice. It is the first principle of
English and American jurisprudence
that justice shall not be bought or
sold, or become oppressive. We must
develop a discriminating sense of
justice and make our Courts the in
struments of evenhanded, equally-
balanced justice. One measure to
bring that about would be to allow
the State judges to charge on the
facts.
To appreciate the value of the
jury we must throw ourselves in
imagination to the years of royal
| power, class discrimination and jud-
' icial abuses Trial by jury guaranteed
a hearing before one’s neighbors, be
fore the rank and file of the citizen
ry; and to preserve this inviolate, you
observe that the jury’s finding of
fact remains beyond the power of
the court, unless the court sets aside
the verdict; b^t no judge may set
aside a verdict which declares a man
not guilty.
It has been suggested that we do
away with juries and rely on the
judges. If men of intelligence and
character and property shirk jury
service it might be as well to do awnv
with the jury system; but, while
our courts in South Carolina, both
Federal and State, would probably be
above reproach, we cannot forget
that our late President’s appoint
ments to the Supreme Court, and
that court’s effort to use its au
thority to propogate a social philoso
phy, have cost the Courts much of
the confidence and respect which a
court should constantly strive to de
serve
Very properly the special concern
is to protect the individual from op
pression by arbitrary Executive Act;
it is timely to ponder whether So
ciety may not need protection from
arbitrary Executive Acts, whick
thwart the processes of justice.
LIKE THE REST OF US
(Charlotte Observer)
Those writers and publicists who
profess to see something disturbing
in the failure of discharged soldiers
to flock in droves to take advantage
of the educational provisions of the
G. I .Bill of Rights should pause in
their worrying long enough to take
a good look at statistics on the aver
age educational attainments of the
American people.
The men in the army are a cross
section of the people. It should not be
expected, therefore, that they should
be any more enthusiastic about going
to school than civilians in the same
age groups.
Of all the men drafted at the age
of 18, according to the American
average, 94.5 per cent had completed
all the schooling they ever intended
to take.
Of those drafted at 21, 95.5 per
cent had not planned to go to school
any longer. And among the group
drafted at 22 or older practically all
considered their education finished.
Most of the men so far discharged
have been in the older age groups
who either were through with school
before they were drafted, or, having
already lost two or three years, are
anxious to get into business or in
dustry and have no desire to go back
in the same classes with youngsters
who will seem like infants.
Moreover, it should be remembered
that they have been through experi
ences that have matured them far be
yond their years. School and college
activities that are highly important
to young students seem trivial and
even silly to men who have been eye
witnesses to a civilization in mortal
travail.
The prospect of returning to class
es with their carefree kid brothers
and sisters does not appeal to them.
It is to be expected, therefore, that
the percentage going back to school
will be even lower than the national
average for their age groups.
And that is very low. It is one of
our worse national weaknesses that
the American people on the whole do
not yearn for education for living as
well a s for making a living.
kill p«w*r un4« tMiwai ’
Svrnu «f Standards, U. S. Poof, i:
of Commarc* SpacMtofiofu, Try 1), '■[
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§21
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SONOS
0. 0. 1 reasury
Jethro Allen’s Magic Lantern and
Dramatic Revue was the only show
ever to visit our little backwoods
town. I don’t think he ever made
much there biit he didn’t loose much.
As a showman he travelled light.
Jethro wore a debry and a walrus
mustache and a coat which was too
short. He moved about town with a
string of small boys at his heels.
As I sa^y the great showman com
ing toward my father’s store I dart
ed from behind a counter to be sure
and get near enough to touch him.
After a few words with my father
and as he went out I timidly put out
my finger and touched his coat. I
let the Other boys smell my finger.
Jethro Allen’s show consisted of
magic lantern slides, or scenes, of
the Flight from Egypt, and a closing
niece called “Over The River Char
lie.”
- The first few years Jethro showed
in our town he travelled with a run
of the mill woman but one year when
I was just ten he blew into town and
paraded the streets with the most
gorgeous woman I had ever seen in
a dress of out of one. She was the
only woman I had seen up to that
time and for many years afterward
who painted her lips. She wore a
black net dress and her ample pro
portions bulged in expected and un
expected places.
Mrs. Jethro played and pumped
the organ in the show and sang
“Shall We Gather At The River.”
Seated on a little stool she overflow
ed its dimensions and bucked and
sang. Her bosom white and glisten
ing and checkered behind the net
dress rose and fell and seemed badly
in need of a brasier. I heard my
mother say she believed to her soul
that the woman was stark naked un- I
der that net. Maybe she was but I
was willing to meet her at the river.
I tell you a truth when I tell you I
was romantic even at 10.’
Jethro intoned the story of each
of the seven plagues as the scenes
flashed on the screen. The vibration
from the organ gave the pictures a
jumpy effect and the Hebrew child
ren seemed to be tripping along on
hot ashes. The wind seemed to be
always blowing in those old time
lantern slides and Moses’ long whisk
ers flowed back on either side of his
neck as he and his followers plodded
on toward the Promised Land.
After Jethro had exhausted the
plagues and his buxom mate had all
the audience ready to jump in the
river backward (provided she went
first), came the piece de resistance.
I was too ’young or too ignorant
to appreciate the full beauty of this
piece of drama. I only remember
that a fellow was in bed and after
much talking and scrambling about
the stage, another fellow whacked
him across the belly with what ap
peared to be a two by four scantling.
The bed ridden one would then yell
“Over The River Charlie” and the
audience would laugh and laugh. I
laughed too, and dapped and shouted
‘Over The River Charlie.”*
For six months after Jethro had
moved on “Over The River Charlie”
was a phrase to double us up with
laughter, big and little, young and
old alike.
I decided that year that I must
have a show like Jethro’s. I even
took the name of- Jethro, much to the
amusement of my older brothers who
were more worldly. They had been
to Columbia. .
We fed our cow cotton seed meal
and though the sacks were a bit
smelly they' were ample for a tent
and a curtain. The star of the play
was a boy called G°hler and I chang
ed the title a bit to fit him It was
now “Over The River Gobler.” A
couple of other cronies were to make
with the business on the stage while
I directed from the wings.
Rehersals went well and with half
dozen kids (brothers and sisters of
the director and cast) we went into
production.
The stage boys scampered about
Gobler who lay stretched out on an
orange box and one of them let him
have it on the belly. I‘had prompted
him to yell “Over The River Gobler”
when he was hit but not a sound
came from the prostrate Gobler. Hit
him again I yelled. By this time the
second stage man had gotten into
position and he let Gobler have it in
the pit of his stomach with his fist.
Yet only a moan escaped the lips of
the star. I moved over and saw an
uneasy look on his face but before I
could speak he jumped up holding his
belly and streaked spraddle-legged
for home.
Gobler had eaten too many green
apples. He had the “gripes.”
Mrs. E. W. Gayle (Carrie Lee Mc-
Swain) a nd twin daughters, Agnes
and Sally, have moved from Charles
ton to Newberry and are now mak
ing their home a t 1724 Harper St.,
in the J. R. Green apartments. Lieut.
Gayle has left for the west coast
to report for duty.
Miss Eloise Boozer left last week
fo Polkton, N. C. after spending the
summer vacation at her home in
Prosperity. Miss Boozer will again
be a member of the high school fac
ulty where she will teach mathma-
tics and science.
HELP WANTED ^MACHINE*OPERATORS 1
Apply HALLMARK MFC. CO.
319 Caldwell St, Newberry, S. C.
CARD OF THANKS
I just want to thank you for the splendid vote
you gave me last Tuesday. I will try to the best ot
my ability to make for you the best Alderman our
Ward has ever had.
To those who did not vote for me, I want you
to know that I still count you my friends, no one can
expect to get all the votes. It at any time I can be of
any help to you, please do not hesitate to call on me.
Again, thanking you one and all.
CECIL KINARD
The best suit you
can buy is your
Best Buy.
—and . . . you’ll never be better
dressed for almost any occasion
than you can be in a welbmade,
becomingly tailored Suit (of your
own choice of color and type)
such as you can now find at
Carpenters
P. S.—Of course we have the
matching and contrasting
Accessories to make it
a perfect outfit.
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