South Carolina, B-D, 1800-1984, Undated

Online content

ates continued his techni-
Harvey Allen’s Plymouth
came up finally with the
of two men, lifted from
d exterior of the machine.
h for young Allen also was
‘xamination of his checking
Latta showed no recent
of any unusual amount.
, it appeared highly un-
he could have made his
he Pamplico by any means
lis own automobile.
, too, had been murdered,
lis body? A party of some
ad scoured the fields along
‘tween the town and De-
and they were ready to
could not have missed a
patch of freshly turned
iere along the route.
“revor was discarded as a
pect within an hour after
talked with him. He had
ith a young lady in Flor-
aday night, innocently en-
vie, after which the couple
her home, where Frankie
with the girl and her par-
o’clock in the morning.
shine also claimed an alibi
night.
down to Charleston Sun-
on,” he said. “I hung around
in the morning. I didn’t
\1 almost 6 o’clock.”

y confirmed his departure
Bohine gave the name of
ance who could veuch for
in Charleston, and city
promised to check the
story at once.

ze rape-slaying of the love-
ue-eyed red-head stirred a
: in the town of Pamplico
‘s neighboring countryside
rather than diminished, in
twenty-four hours after the
H Betty Cain’s ravished,,
y.

“a

POLICE FILES

i. Fee obi , > hy Hg r ft)
A deputy points to the slope where
the headsman hid the club he used.
This blood smeared weapon, found
by the cops, proved a vital clue.

Knots of .angry’ men swelled into
small crowds'in the town square. The
state posted a $1000 reward for infor-
mation leading to the arrest and con-.
viction of her slayer, a Charleston news-
paper added $500 to the sum, and other
reward funds were started in Pamplico
and in Latta, young Allen’s home town.

On Tuesday, Investigator Cates came
up with an additional clue. In mud
near Betty’s grave he had found the
bare footprint of a man. There had
been no unshod men in the posse the
day before. The track probably was the
killer’s.

“Took off his shoes, I suppose, to
keep them dry when. the car bogged
down in that mudhole,” the state sleuth
reasoned. “I made a plaster cast. It’s a
big foot, eleven and one-half inches

long.”

‘Police Chief Cross lifted his cap
from its hook on a rack. “I’m fetching
Packer Bohine in,” he announced. “He’s
got a foot that will equal that track in
size any day in the week.”

Bohine’s foot was even larger than
that which had left the track near the
grave. Moreover, a long distafice call
from Charleston fully sutstantiated his
alibi, and he was cleared of suspicion.

IN Wednesday afternoon, the stores
in Pamplico were closed and the
village population turned out en masse
to attend funeral: services for Betty
Cain in the white frame Methodist
church ‘to’ which she had. belonged.
Chief Cross, Sheriff Hanna and Lieu-
tenant Williams, however, were absent
from these rites. They were at the
sharecropper’s cabin of Rose Graham,

POLICE FILES

just off a small cornfield .at the end of
an almost impassible wagon road that
led in half a mile from the Pamplico-

Rs - Dewitt’s Bluff road not far. from where

Betty’s body had been found.

“It’s been preyin’ on my mind,” Mrs.
Graham’ said. “Most nobody. uses that
ole road in a car. But somebody did,
early Monday mornin’.”

“The car lights woké me up,” the
woman continued. “The car'stood there
in the lane a long time. Then it went
away.” ’

The officers made a long, searching

above the bare earth.

They found the tracks at last, bare
footprints that led from near the dead
end of the rutted wagon trail, across
a corner of the cornfield, toward a
brier patch and a clump of towering
pines, ;

They followed the trail to the
thicket. Here, hidden by ,cornstalks
which had been uprooted from the field,
they came upon an old abandoned well.

“Look,” urged Lieutenant Williams,
,pointing to the surface of the earth
which filled the well hole almost to the
top.

“Fresh dirt!” Sheriff Hanna exclaim-
ed, “I guess we better dig it out.”

They obtained a shovel from Mrs.
Graham: and set to work.

They. first uncovered Harvey Allen’s
body, feet up, with his* blue sports
jacket wrapped around the legs.

Next they unearthed three sheets of
burlap cloth, reeking of kerosene.

“Probably planned to burn the body,
then changed his mind,” Williams said.

Below the burlap was the rubber
floor mat, missing from the Plymouth
sedan, and, beneath this, Betty Cain’s
light blue topcoat.

Under the topcoat was the slain girl’s
head. ;

’ A shovel was retrieved from under the
house where the killer lived. Spotted
with blood, it indicated he came, home
togobtain it before digging the grave.

cast along the edge of the field, where :
old ‘cornstalks were bent and broken

The faces of both victims were
hideously battered: When he examined.
Allen’s body and Betty Cain’s head,
Dr. Claussen discovered that both had
been shot, the girl in the left temple,
the youth behind the right ear.

One bullet, from a .38-caliber re-
volver, was recovered from Allen’s
brain. The young man’s wallet and a
self-winding wristwatch were missing.

“Now there’s:one thing for sure,”
Police Chief Cross declared. “The man
we want lives right close by. Nobody
else would ever have known about the
old wagon road, let alone have been
able to find this old well.”

Lieutenant Williams straightened his
huge frame and looked around the
neighboring, countryside. “Then he
shouldn’t be too hard to ferret out,”
the state detective said. “Nothing here-
abouts except a few farmers. Shall we
start. making the rounds?”

Mrs. Graham and her husband oc-
cupied one of the few cabins. Their
daughter, Margaret, lived in another
with big Jake Page, whom she had
married a few months earlier. There
were onlya.couple of other shacks on
the farm, owned by State Senator
Clyde Graham.

Jack Page, a big rangy man, stand-
ing six feet two inches tall and weigh-
ing one hundred and eighty pounds,
was not at home.

“He left this morning for Tarboro,”
his wife said. “He had some business
up there he told me.”

The officers went through the cabin,
noting that Page apparently had taken
his entire wardrobe with him on the
trip to the North Carolina city, some
two hundred miles away. What busi-
ness Page could have there, Margaret
could not say.

Williams, rummaging through a stack
of books in the cabin, read a title that
caught his eye. He picked up the vol-

(Continued on page 79)

Bie!

Cg er,

The long and muddied trail finally
led to this abandoned well at the
bottom of which was the severed
head—and another gruesome find!

ed a pedestrian walking
et, drew his gun and
in the leg. He then
‘tim to the stationhouse,
‘o the lieutenant:
He’s wanted—some-

iengast walked into the
saw instantly what was
knew the patrolman, a
family, who had only a
to retire on his pension.
his badge on the spot.
o Sing Sing. Rothengast
sorry to break an old-
but the-man had done
captain could never en-
artered the trust he had
ais badge for a few free
ern.
: New York’s detective
iple task. The detective
ip of 3000 of the 20,000
’, Its administrative dis-
iattan East and Manhat-
klyn East and Brooklyn
nx, Queens and Staten
wenty-one divisions of
over the city.
Rothengast not only
‘epartment’s faith in
overall performance of
ivisions was so high that
nt up another notch —
inspector. A month later
ef inspector, top man of

at this job* thirteen and
a day. For months Mrs.
ed to persuade him to
afraid the back-breaking
| him.
iengast had come a long
-a-week salary at the age
this $13,000-a-year posi-
years later. But more
-y, he had realized the
" young man who pins on
ew York City cop.
er 24 he arrived at his
:s, and announced his de-
2 at a press conference.
er, ih his dress uniform,
m Police Commissioner
1aghan.
» lose you,” Monaghan’

n shook hands.

go,” Rothengast replied.
- was characteristic. His
uuld not take effect for
ad he could have taken
ays aS a vacation.
«”*he said “until the last.”
2p is gone now from the
2 Rothengast name re-

ars are still New York

¥ oth detectives — Joseph

squad, and William with
wureau, ;

her brother who had

1e blue. A white cross

_tery explains why he

. It reads: John Rothen-

action, Germany, April

THE END

POLICE FILES

CRIME CAPSULES .. -

CAUGHT IN A NETWORK

In one of the most unique panel
shows ever broadcast in Brazil, a Sao
Paulo radio quizz master conducted an
impromptu interview with two bur-
glars in the last few minutes of their
liberty—just before the cops caught up
with them. The heisters, fleeing with
their loot over the rooftops above the
Rua Direita, has just cracked the safe
of a downtown business office. They
pelted down a fire escape and .burst
through a window, only to discover that
they had stumbled into a radio studio
where a quizz program was being sent
over the air waves. The quizz master
did a fast double take and called a
couple of ushers to escort the flustered
intruders to a spare microphone. Be-
fore turning the crooks over to the
Jocal constabulary, the quizz master
and the thieves adlibbed a very ef-
fective object lesson on the timely
subject—crime does not pay!

STRICTLY ON THE CUFF

When a New Zealand thief recently
broke into a parked car on a Wellington
side street, he found ‘inside forty-four
pairs of pants. He toted his treasure
trove home and tried on a couple of
pairs for size. They fitted around the
waist, but they were too long. Nothing

daunted, the pants burglar took the
forty-four pairs of trousers to the near-
est tailor and announced that prosperity
“had come. The tailor told him to call for
the order later that day» When the
crook returned, two detectives prompt-
ly put the sneeze on him. In his Well-
ington jail cell, the thief—William
Henry Butcher—has time to spare and
to reflect on the hard luck which led
him to bring the stolen pants to the ©
very tailor from whom they had been
stolen. ,

_ AN EYE FOR A LIFE

In the ‘death house at Sing Sing, a
condemned man paraphrased the Old
Testament injunction of an eye for an
eye. Walter Griffen, a doomed slayer
about to walk. his last mile gave up an
eye for a life. Before his execution on
January 6th for the hold-up murder
of a Buffalo jeweler, Donald Hurd,
Convict Griffen bequeathed his eyes
to the New York City Eye Bank for
Sight Restoration. It was Griffen’s hope
that in this way he might make some
restitution for the life he had so wan-
tonly taken on December 9th, 1952.
A surgeon stood by in attendance to
perform the delicate operation the
moment Griffen was pronounced dead.
The cornea transplants were made
within twenty-four hours to a recipient
who will never know the name of his
bénefactor.

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POLICE FILES

THE HEADSMAN
OF LOVER’S LANE

(Continued from page 23)

ume, and it fell open at a passage which
he read with increasing interest.

“Get a load of this,” he said to his
colleagues. They, too, read the passage.
. The book was a murder mystery
novel. It had opened to a description
of a killer’s burial of a woman’s body.
In the story, the murderer had had to
cut off his victim’s head to fit the corpse
into a makeshift grave!

Chief Cross and Sheriff Hanna jour-
neyed to Tarboro in what proved to be
a fruitless search for Jake Page. Obvi-
ously the man had taken flight only a
few hours before the discovery of
Harvey Allen’s body and Betty Cain’s
head ‘in the old well, to which the
police had been led by his own mother-
in-law.

EANWHILE, back in South Caro-
lina, the authorities were desper-

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refuge the fugitive had sought.
Page, they learned, had turned up in
the Pamplico district the previous sum-

‘ mer. He had been on crutches then,

ostensibly because of injuries suffered
in an automobile accident.
Investigator’ Cates went over the
sharecropper’s cabin and turned up
many fingerprints. Through these the
authorities speedily learned that the
name Jake Page was an alias, His real
name was Raymond Carney, and he not
only served one prison term for larceny
in North Carolina, but had escaped
from a prison camp while serving a
second term about a year earlier,

Carney had’ owned a gun, his wife °

admitted, a snub-nosed, pearl-handled
revolver. Doubtless, she said, he had
taken it with him. :

“I oughta know about: that gun,” she
said. “Jake had an accident with it,

not far back. He’s still carryin’ a slug.

in his hip, where he got shot.”
Lieutenant Williams traded grins
with Investigator Cates,
If Carney could be found, he would
be a walking proof of his guilt in the
murders of the couple and the rape

of the girl, for the bullet, removed from °

his hip, could be compared in a ballis-
tics test with the slug taken from Har-
vey Allen’s head! é
This, however, might not prove ne-
cessary, the officers learned from
Margaret Page. Jake had fired a few
practice shots at a target tacked on
a big pine tree near their cabin. ,
Cates probed into the trunk of the
tree and came up with one pellet, a .38-
caliber slug, in good condition. Tests

showed it had been fired from the’

weapon used to kill young Allen.

Sheriff Hanna swore out a murder
warrant against Raymond Carney, and
a pickup alarm was flashed on him to
officers all over the Carolinas.

Two days after the hunt began, resj-
dents of the rolling countryside known
as the Willow Creek district, nine miles
northeast .of Pamplico, were certain
they had seen Carney, hiding in a
swampy woods near there.

Bloodhounds were rushed to the °

scene. They put up a few dozen fright-
ened rabbits, but no fugitive slayer.

The days passed. The reward fund
grew to $3200. Carney was reported in
one section, then another, another, still
another, but quick, slashing manhunts
failed to turn him up.

On Saturday, December 19, Langston

“Peanut” Cox went bird-hunting with
Delmas Moore and Hugh Turner, both
of Pamplico, just south of Cox’s home
in Johnsonville, in southeastern Flor-
ence County, about fifteen miles from
the scene of the murders.

Moore and Turner were still talking

. about the crimes, for the anger of Betty

Cain’s townspeople had cooled not one
degree in the thirteen days since her
death.
“Could be,” Cox remarked, “that guy
Carney’s right in these here parts.”
“Who says so?” Turner queried.
“Who’s seen him down here?”
“Nobody’s seen him. But there’s

something queer been going on. I know
half a dozen farmers who swear their
cows’ve been milked at night. They
say that means there’s somebody hidin’ _
out in the woods, afraid to show his
face where he could get real food.”

The three hunters fanned out in a
field between Route 41 and the Sea-
board Airline railroad tracks south of '
Johnsonville, advancing slowly toward
a woods. a3

As they neared the woods, they saw‘
the big man moving furtively among the
trees. 3

“There!” Cox said. “I bet that’s
him. C’mon, let’s see.”

The big fellow walked away as they
hurried forward. Suddenly, Cox threw
his shotgun to his shoulder. “You better
stand still!” he yelled at the man in
the woods. “You'll get a bellyful of
birdshot if you don’t.”

The man stopped until the hunters
came up. He was tall, over six feet, they
observed, but he was thin, now, and
he wore a mustache, which Carney had
not. He swore he was not Raymond
Carney, but the trio marched him ahead
of their shotguns to the city hall in
Johnsonville.

There Police Chief Lurie Poston and
Magistrate George Donahoe searched |
him, finding $5 in cash, a razor, a switch-
blade knife—and,a doctor’s bill and a
paycheck from a lumber firm, made
out to J. W. Page, Carney’s alias in the
Pamplico region.

‘ “Pm a relative of Jake Page, that’s
all,” the suspect said. “I don’t know
where he is,” _

He was wearing: three sets of outer
clothing. He admitted he was weak
from hunger, that he had lost nearly
twenty pounds in wandering around in ,
the woods for a week or more, and he
said he was cold, but he still insisted
he was not Ray Carney, alias Page.

In the bulk of his clothing he had a
tire iron concealed. Left alone for a
few minutes in a cell, he nearly broke
out of the Johnsonville jail, using the
iron to wrench off the lock.

rE the meantime the word was spread-
| ing that the Pamplico murderer ‘was
in custody, and a crowd began to form
in the city square.

The suspect knew full well what that
meant. “Get me out of here,” he said.
“I’m Carney, all right. Get me some-
place safe from a lynch mob, and I'll
tell the whole story.”

Sheriff Hanna and Deputies Shupe
and Myers rushed down from Florence.
Chief Poston, meanwhile, spirited Car-
ney up an alley to a car, and whisked
him out:of town.

He was transferred from jail to jail
over a period of several hours, until
Governor James F. Byrnes ordered him
taken to the state penitentiary at Co-
lumbia to thwart any possible, lynching

attempt.

Carney confessed to. the murders of
Harvey Allen and Betty. Cain, and to
the decapitation of the girl.

His motive, however, was not rape,
but robbery, he insisted. ;

“I made up my mind to rob a car
that night,” he said. “I went up to the
Bluff, meaning to hit the first car that
came along. Their machine was the
first one I saw. ..

“When I opened the door, this young
fellow jumped out at me. He started
fighting. I shot him, and then I shot
the girl.

“I cut off her head. I was going to
cut his off, too, but I just couldn’t go
ahead with it. I wanted to scatter the
evidence as much as I could. That’s
why I lopped off her head.”

Carney said he lugged the bodies into
the auto trunk and started off, intend-
ing to cart the corpses sorhe distance
away to bury them.

The Plymouth bogged down in a
mudhole. He placed Betty’s headless
corpse in the stump hole, and had cov-
ered it only lightly when the nearby
tree, uprooted by the wind, began to
fall.

“It crumped down, right over the
grave,” Carney said. “I thought that was
good. I worked with the car till I got
it going “again. Then I saw there
wasn’t much gas left.”

He remembered the old well, drove
as near it as he could, then carried Al-
len’s body, Betty’s head, the burlap,
floor mat and coats across the field and

. buried them with a shovel which he

later hid beneath his mother-in-law’s
home.

The shovel was found there, still
stained with blood. His revolver was
dug up near his home, where Carney
told officers he had buried it. Harvey
Allen’s wristwatch was recovered from
a cookstove in his cabin, after Carney
told the cops where he had hidden it.
He said he burned the young man’s
wallet, after' taking about fifteen dol-
lars from it, and he also burned his
bloody shirt the day after the crimes.

In his flight from Pamplico, Carney
revealed, he had never been farther
away than Johnsonville. He had lived
on stolen milk, sweet potatoes and
thefts from garden crops.

“I do wish,” he said, “I had that
one night in my life back again. One
place I’d never go would be up to that
Bluff.” :

Carney was indicted for first degree
murder and Florence County authori-
ties said he would face trial at the next
term of court. ‘They were certain, they
added, that it was his lust for the
pretty young high school girl, and not
the paltry fifteen dollars he obtained,
that motivated his brutal crimes.

But his motive would make scant
difference, they also contended, to the
charge of electricity which would, one
day, they promised, rip the life from
his body much more mercifully than he
had taken the lives of two young lovers,
shrouded in their dreams on a cliff
above a murmuring river.

NOTE: The names Packer Bohine and
Frankie Trevor are' fictitious to con-
ceal the actual identities of persons in-
nocently involved in the investigation.

THE END

POLICE FILES

With Leather

| the squirre
they come
lovers and

FINNISH HL
beautiful k
Richly-engri
deep blood
horse-head
Leather Sh:

PARATROOF
Perfect for
hunting, fi
fishing. An
ent pair of
jumping bo
under the
pride in tt
Sturdy. Lea

POLICE Fi

RT TT EEE AEN RTE TE TTT -
mee nsniiiibiliiath cmeeniennnen ’

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aa a
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~ HEADLESS BEAUTY IN
_ A NEW GRAVE

Could her sweetheart

be guilty of so fiendish a crime?
The cops wondered

until they found the

hideous truth—-at the bottom

of an old well

by Mark Williams

% FOR MONTHS, LOVELY auburn-haired Betty Clair
Cain had been dating Harvey Allen regularly. Harvey, a
sturdy young man of 22 and an Air Force veteran,
would call for the pretty high school junior every Sunday
evening. Harvey, whose farm home was near Latta,
South Carolina, would drive the forty miles to the small
hamlet of Pamplico, where Betty lived with her folks.
Picking Betty up in his 1953 Plymouth sedan, Harvey
would take her out for the evening, sometimes to Flor-
ence, South Carolina’s tobacco marketing center 25
miles northwest of Pamplico. After taking in a movie or
a dance, Harvey would bring the girl home early. Never
had they stayed out later than 11.

As usual, Harvey picked Betty up on Sunday, December
6th, and drove away with her. The families of both began
worrying when neither had come home by the early hours
of the morning.

Had the young couple eloped, their folks wondered. As
the hours of the night wore away, this possibility had to be
abandoned. Both responsible young people, they would
surely have called home to announce the happy event.

About 9 on Monday morning, the double disappearance
was reported to Police Chief Harvey Cross, Even while the
chief was at the Cain home getting the scanty facts, he was
called to the phone to receive a report from his office. An
abandoned 1953 Plymouth had just been found.

It stood behind a schoolhouse just northeast of town, on
a county road that led out along the Pee Dee River then
wandered north and west toward Florence. \

It was Harvey Allen’s car, all right. Its left front window
40

2
&

Search for missing Betty Cain (1.) and Harvey Allen (r.)
raised the curtain on the South Carolina murder drama.

had been smashed out, and there were dark stains resembling
blood on the front seat cushions. The rubber floor mat
was missing from the front of the car.

In the trunk, Cross found large patches of dried blood,
with the threads of auburn hair fixed in them. He phoned
Sheriff John Hanna in Florence, and the big, middle-aged
county officer came down from the county seat with Deputies
Ray Shupe and Heyward Myers, bringing the news that
officers of the state Law Enforcement Division—South
Carolina’s equivalent of a state police force—were on their
way.

It was easy enough to recruit volunteer searchers as the
news spread that the tall, slim high school beauty most
certainly had been a victim of foul play.

The posse worked out on the road beyond the schoolhouse
where young Allen’s car had been found, combing through
brier patches and fields of weeds, sweeping wooded sections,
poking into ditches still filled with water from a heavy rain
which had fallen early Sunday night.

They came, finally, to Dewitt’s Bluff, a series of cliffs
which dropped seventy-five feet straight down into the river.
Here, in a glade just off the lonely road, the local men well
knew, courting couples came to park, night after night.
And here they found the huge patch of bloody mud, and
the V-shaped fragment of glass, obviously from the shattered
window in Allen’s car.

The searchers backtracked, sweeping farther off the road.
About a mile below the Bluff—halfway to Pamplico—they
probed through a tobacco barn, and turned up a white
T-shirt, heavily daubed with blood. It was identified as
Harvey Allen’s.

Lieutenant Roy Williams of the state force, and Investi-
gator M. N. Cates, a state identification specialist, joined
the posse just before Deputy Shupe, still hunting around

DETECTIVE CASES

Octeber, 196h,

stele daaeiiheheinaaenatiasiaameeih ihe tebaaiatinitaban biased

the Bluff, came upon a section of tree limb, about the size
of a baseball bat, with one end thickly coated with blood.

Then, at six P.M., two of the volunteer searchers paused
to look at a tree, blown down by Sunday night’s winds,
about one hundred fifty yards from the blood patch at the
Bluff, and unintentionally kicked “aside a thin layer of pine

straw and gravel atop a small mound beneath the toppled _,

trunk.

The accidental scuff laid bare a fragment of cloth. A
shout brought Chief Cross, the sheriff and the state officers
on the run. A few minutes later the body of a girl was
lifted from its shallow, makeshift grave in what had been
a tree stump hole.

Chief Cross stepped back as the corpse was fully exposed.
The body was fully clad, although the clothing was in
disarray, but above the shoulders there was nothing more
than the hideous stump of the neck!

The head was gone, severed with some crude instrument.
Dr. John B. Claussen, who examined the remains, guessed
that a shovel had been used to decapitate the girl. The grave
was fully excavated by the officers, but the head was not
there. Betty’s father steeled himself for the ordeal, then
identified his daughter’s body from the clothing.

Her undergarments were torn and, the autopsy revealed,
the girl had been raped before she was slain. Death had
occurred on Sunday night, certainly not later than midnight.

In the dirt road near the grave was a large, deep puddle,
and there were signs in the mud which indicated that a car
had been bogged there sometime after Sunday night’s rain.

“The rain stopped before nine o’clock,” Chief Cross said.
“It looks like the killer figured he was stuck there for sure,
so he toted the dead girl out of the car and buried her. Then
he did manage to get the machine out, after all, and drove
on and finally left it down behind the school, where the
kids spotted it this morning.”

“Which makes it almost certain,” Sheriff Hanna said,
“that the missing head is somewhere between the grave and
the schoolhouse.”

“With the boy’s dead body, most likely,” Cross interjected
bitterly. “He’s dead, no doubt of that. Whoever laid hands
on that girl had to kill Harvey Allen first, and he’d take a
lot of killing.”

With that assertion there could be little argument, for
Harvey Allen was a strong boy, five feet ten and one-half
inches tall, and weighing around 180 pounds. He had starred
at center on his high school football team, had been the

Death waited at end of this road.
DETECTIVE CASES

4) Ave't NY Die nee, Baas

CpeqnoerzoeTe fyoerTq Spuowfey °

' Sain obaved ine

CARTER, Willie

"April 30, 1909-Willie Carter, a negro, was hanged at
Hamburg, S. C., for the murder of his paramour a year
ago, The execution was private,"

BIRMINGHAM NEWS, BIRMINGHAM, ALABAMA, April. 30, 1909.
Coryect location is Bamberg IC. Vict
Slashed to death, (st legal executin th This County,
he ‘The State’ (Columb SC Peper) 5/1/09 ln

nate gas ats Sas SS

Decapitation By Shovel

(continued from page 37)

the skin and tired, so he dumped him in
the stagnate well. Later, he hid the shovel
beneath his mother-in-law’s porch.
The shovel was found there, flaked
with rusty, scabby stains of scalp and
blood. It was determined this was the
weapon that chopped off Betty’s head.

His gun was dug from a blanket of pine -

needles, just where he said it was. Har-
vey’s wristwatch was recovered from the

black ashes of a stovepipe in his shanty,

after Carney told the cops where to find
it. He said he tossed Allen’s wallet in the
river, after swiping fifteen bucks from it.
He buried his bloody shirt in’a ravine.
‘If | had one wish, Carney said. ‘‘I’d
wish for that one night of my life back. I
know I’d never go up to that Bluff.’’
The case dominated radio newscasts
and made banner headlines, when
Raymond Carney was indicted for first-
degree murder on March 24th, 1954.

Chief witnesses against him were his own
father-in-law, and mother-in-law. He
was convicted in Florence County Court-
house. On May 7th, 1954, he was sent-
enced to die in the electric chair. The jury
was convicted that he had raped the girl.
and that his lust for her, and not the
meagre fifteen dollars he had lifted, had
goaded his callous crimes.

In any case, his motive made scant
difference to ‘the voltage: of electricity
which sent him quivering into spasms, a
death more merciful than those he deliv-
ered to the two young kids. ve

Sex Butcher Kills Five In Texas —

(continued from page 31)

ing that homosexuality had played a ma-
jor role in the slaying of Rick Bryant.
Several of the investigators made the
rounds of known gay bars interviewing
both patrons and employes. They ran into
witnesses who bolstered their sus-
picions, then others gave them in-
formation that allayed the suspicions.

If Bryant had been into homosexual
activities, it was a well-kept secret from
his relatives and a lot of his close friends.
Still the detectives continued their in-
vestigation among the homosexuals in an
effort to find a lead that would give them
something besides speculation to work
with.

The first real break came when a man
, came forward and claimed to be Bryant's
best friend. With the information he pas-
sed to the homicide detectives, he told
them of introducing a man to Bryant in
June who later stayed with the victim.

Shortly after he had introduced them,

the friend said, the man had gone to Kan- °

- Sas City, Missouri, to visit a relative.
When he returned to Fort Worth about
two wecks before, he had moved in with
Bryant at the cottage on the lake.
Bryant's relatives, however, said
Bryant was just helping the man until he
could find a job. One asserted, *‘Rick
was always trying to help someone. He

would Joan this guy his car so he could ‘

look for a job, fed him and gave him a
place to stay.”’

A woman who was a long-time friend
of Bryant agreed with Bryant's relatives,
**He was just one of many people whom
_ Rick has tried to help over the years."

This pattern of conflicting information
continued throughout the investigation,
such as one acquaintance of Georgia
Reed stating to detectives that he didn’t
think she had been involved with either
Bryant or his roommate. Yet another ac-
- quaintance told them that the roommate
had slept with Georgia.

‘*We spent a lot of time over at Rick’s
40

house and got as close as you could get to
him,”’ said one friend of Georgia. ‘tShe
dabbled in arts and crafts and she helped
Rick in this field. Another time she

assisted him in organizing a primary ,

election.’’

No one had seen Larry Keith Robison,

the roommate of Rick Bryant, since the

~ discovery of the bloody carnage, but that

was not the only reason the investigators
began to consider him the prime suspect
in the multiple killings.

During their background check on
Robison, they learned that although he
had no police record of violence, he had
managed to get his name in the crime
files of various police departments.
Robison was convicted for the first time
in 1977 ona charge of theft by check, for

ELECTRONIC CRIME :

‘Computer crimina
machines

ye 3

which he received a three-year probated

sentence.

Robison was charged with auto theft in
1979, but the charges were dismissed
after he pleaded guilty to a lesser charge
of misdemeanor theft. This time he
served six months in the Parker County,
Texas, jail. That same year he was also
placed in a four-month drug-treatment
program in Tarrant County.

During May, 1982, Halton City police
arrested Robison in connection with a
burglary of a friend’s house, but the case
was dismissed because of an improper
search. Halton City is a suburb of Fort
Worth.

Tarrant County District Attorney Tim
Curry filed a ‘‘probable cause’’ murder
warrant for Larry Keith Robison, 24,
identifying him as an unemployed room-
mate of one of the victims. An APB was
issued for his apprehension for question-
ing in the case, and information was also
put into the NCIC-national crime com-
puter.

Meanwhile, 425 miles to the north in
Wichita, Kansas, shortly before dawn on ”
Wednesday, August 11, Ptl. Terry Rich-
ter was cruising the area near a bypass of
the Kansas Turnpike when she noticed a
small stationwagon parked on a grassy
lot behind St.- Matthew's Christian
Methodist Episcopal Church on Wichi-
ta’s near-northeast side.

Pulling in behind the yellow vehicle,
she contacted the police radio dispatcher

and gave her location, then requested a - —

backup unit and information on a Texas
registration, reading off the numbers on
the license plate. She also gave the dis-
patcher a description of the vehicle.
There was at least one person in the vehi-
cle, who appeared to be asleep in the
front seat.

When her backup unit arrived, the
officer approached the vehicle on the
passenger side and she walked cautiously
to the driver’s door of the late motel com-

pact stationwagon. The window was .

rolled down and the man was sprawled
~~ \

(continued on page 42)

CARTWRIGHT
Black, hanged Charleston, 5S, C., for murder of Patrolman
J. W. Bean in 1890, Bean killed as he walked his beat. MB

Cartwright hanged and two other blacks sent to prison
for life,

CHARLESION NE™S AND COURIER, 8-7-1928

This person 14 Ye Jamel eles Wha was tyteused st Chalerlore on 5/4/99.
Be bot. He whee Cactunipht :

Qtiwhn Nts b Cotter, 5/99

CATEO, Rachel, and CLYBURN , William, blacks, hanged Tancaster, SC, August 1, 1890,

"Lancaster (SC), Auge 1, 1890-The execution of Rachel Cateo and William Clyburn, both
colored, the murderers of August Hennis, a white man, took place here today, Mrs.
Hennis, . who conspired with the negroes to murder her husband, watched the execution
from the window of her cell, apparently with the utmost indifference, Throughout the
morning the space in front of the jail was lined with a mixed assembly of about 1,000
persons, but no demonstration was made, The execution took BK place in the jail yard.
There were present only Sheriff Hunter and his assistants, Cateo broke down and
cried on the scaffold, but recovered and spoke to the audience, expressing regret for
killing Hennis. By the Governor's order the military were on guard. the crime for
which these men were hung (...unreadable),,ethe depravity of the young wife of the man
murdered, Mrs, Roxy Hennis had secretly loved Cateo for some time, There is every
reason to believe that she and the negroes plotted the murder of her husband, One
night in March last Cateo and his chum, XW Clyburn, went to the house of Hennis,
Clyburn stationed himself in the road some distance from the house and Cateo entered,
He chatted with Hennis for a time and gave him some whisky, He succeeded in getting
Hennis to go out to the road with him, and while there Clyburn and he murdered the
white man, Cateo returned to the house, washed the blood from his hands in the pre-
sence of Mrs, Hennis, and stopped there over night. The next day Mrs, Hennis told
the neighbors that her husband had gone to the Brewers! mines to get work, The
neighbors became suspicious when Cateo was KaMMaKXd found to have installed himself
in Hennist place, and a search was made for the missing man, On the third day the
body was found in a gully covered with brush and dirt, It was terribly mangled,

The physicians who made the autopsy say that Hennis was first choked by having grass
and dirt stuffed into his mouth, and while suffocated was hacked with knives and
clubs, CGateo and Mrs, Hennis fled, but were captured and brought back. Mrs. Hennis
is now in jail awaiting another trial," CHRONICLE, San Francisco, CA, Auge 2, 1890

(147.)

ming. The “4

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DETECTIVE

on the Chesnee highway. The finder saw
two men driving a green sedan stop, tear
the bumper off and then jump back into
the car and race north toward North

Carolina.”

The bumper was turned over to the
Spartanburg police to examine for prints
and other telltale clues. Constable Henry
jumped back in his car and raced for the
filling station on the North Carolina state
line to question the owner about the two
men who: had traded a revolver for 15
gallons of gas.

The information phoned in by’ the fill-
ing station man caused the state police in
North and South Carolina to organize
one of the greatest manhunts in the his-
tory of the South. Over a hundred police
officers, augmented by hundreds of vol-
unteers, scattered over the wild and
brush-covered hill country of western
North Carolina in search of the two kill-
ers and their death car.

Meanwhile Deputy Becknell was at
the Drayton Mills closeted with Adrian
Greene, the company official with Belue
when the youth was killed.

As a fitting finale to the payroll murder,
the killers were buried in the cemetery
above, overlooking the scene of their
crime. Paul Johnson, left, apparently the
tougher of the two slayers, was the first
to repent when he faced the chair.

“I am positive,” Greene told Becknell,
“that neither of the two men in the car
have ever worked for us. I didn’t get
much of a look at them but enough to
know they were strangers.” |

“Strangers don’t know when the pay-
roll leaves the bank,” Becknell retorted.
“Those men may not have worked here
but they knew something about the busi-
ness of the mill. Somebody in your em-
ployment acted as their fingerman.”

Greene scoffed at the idea.

“Nevertheless I want to talk to every
employe you have,” Becknell answered.
“TI want you with me and I want you to
remember every detail of the description
of those men—every small detail.”

The questioning of the employes
started at once. They were brought into

Greene’s office three at a time. Greene .

supplied a detailed description of the
flaxen-haired man who drove the death
car and the first question asked each em-
ploye was whether he had seen such a
man around the mills or talking to any
of the workers.

All answered in the negative. The
second, and the last question Becknell
asked each of them was a little puzzling
and certainly seemed in no way con-
nected with the murder of Belue.

“What were you doing at five minutes

’ to four on Sunday afternoon?”

The questioning took place on Friday,
five days after the specified Sunday after-
noon. Only one employe had an answer
to that question.

It was late in the evening when Deputy
Becknell had completed the questioning
and left the mill. He went to Sheri
Miller’s office. Constable Henry had
returned from -his trip to the North
Carolina state line where he had

But saymnampramnsonamenn semen Can Ee AO ee
Ss Toes ee STS sie

talked to the filling station proprietor.

Henry had secured the gun left at the
filling station and ballistic experts, ex-
amining the bullet taken from Belue’s
head, found that it was the murder gun.
Henry also got a detailed description of
the two bandits but this description added
little to the information which Greene
and the other witnesses had supplied.

The man had not seen the license num-
ber of the green sedan. He did notice
that the bumper was gone but the bandits
were in too great a hurry to get away
for him to remember much more.

REECE? of the state police: were
likewise unencouraging. No sign of
the bandits or their green car was seen,

“The killers cleared the state line in
time to escape the dragnet in the moun-
tains,” Sheriff Miller said wearily. “And
now they are a thousand miles away.”

“But suppose they didn’t clear the
dragnet?” said Becknell. “Suppose they
are only a few miles away—not a thou-
sand ?”

The sheriff stared at the deputy. “The
green car,” he stated, “crossed the state
line at the filling station—”

“Yes,” Becknell cut in, “but don’t for-
get that the state line isn’t far from here
and they could easily have doubled back.
Remember, a hideout near Spartanbur,
is about the safest place for them now.’

Sheriff Miller shook his head. “That,”
he answered, “doesn’t make a great deal
of sense.”

“Okay,” Becknell replied. “We'll know
before morning how much sense it
makes.”

An hour later Becknell and Constable
Henry were on a deserted residential
street in Spartanburg. It was 9 o'clock.
Their car was parked several blocks
away. . ‘

They walked slowly, keeping in the
shadows of the tall trees that lined the

[Continued on page 95]

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Pressing the acceler.
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shown in the photo-diagram,

andit car

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Fe Oe ee ern oe we

S THE heavy-set driver eased the

A green sedan out of a side road and

onto the concrete highway leading

out of Spartanburg, S. C., he turned to
the thin-faced man beside him.

“There it is,” he chuckled mirthlessly.
“Right on schedule.”

His companion nodded, slipped a gun
from his pocket and laid it across his lap.
His eyes narrowed, Ahead of them was
an open car with two passengers—and in
that car was the payroll for the Drayton
Textile Mills.

Oblivious to impending danger,. the
men in the pay car laughed and chatted as
they rolled along at a conservative speed.
Unnoticed, the green sedan rapidly closed
the gap between the two machines.

Suddenly the heavy-set man jammed
his foot down hard on the accelerator.
The sedan leaped forward. A crash was
imminent. But in that moment the driver
of the pay car sensed his peril. He
gunned his motor and the machine roared
away to comparative safety.

The driver of the sedan gave chase.
Beside him his thin-faced partner went
into action. The gunner’s weapon bel-

By RICHARD ENRIGHT

lowed. The slug went wild, tore through
the top of the payroll car.

The gunman cursed and steadied his
arm for a second shot. The gun roared
and the man beside the driver in the
lead car jerked spasmodically as the bul-
let ploughed into the back of his head.
For a moment his body stiffened, then he
slumped back into the seat, half sprawl-
ing against the driver.

The latter pushed the body away, striv-
ing to control his machine as it careened
down the highway. The slayers’ car
roared in pursuit. But safety lay just
ahead. In a final burst of speed the
payroll car bounced over a railroad cross-
ing and skidded to a stop in the yard of
the mill as the green car ‘of death, car-
rying the thwarted ho ldup men,
roared out of the manufacturing suburb
and headed for the Chesnee high-
way.

Aroused by the sound of gunfire, a res-
ident of the vicinity put through a rush
call to the office of Sheriff Sam K, Miller.
His response was immediate. Even be-
fore the green sedan could have reached
the Chesnee highway the sheriff and his

Still clutching

deputies were racing for the Drayton
mills. ,

Scant minutes after the alarm had been
flashed, State Constable Sam Henry of
the state police was at mill head-
quarters.

He found the company car, which had
been driven by Adrian T, Greene, sec-
retary and assistant treasurer of the
mills, in front of the mill office. The
body of Earle Belue, payroll clerk, lay
across the seat, the back of his head
shattered by the bullet which had crashed
into the base of his brain.

The right hand of the dead youth still
gripped the leather bag which held
$6,000 in currency, the weekly payroll
which Belue and Greene had just drawn
from the bank.

“The green sedan,” Greene told police,
“went down the street and on toward the
Chesnee highway. It was driven by a
big man with flaxen hair. The bandits
came up behind us and started*firing. I
didn’t know Earle was hit until I got
here.”

Before Greene could finish his story
Constable Henry had ordered the state

! the $6,000 payroll, Earle Belue, far left, was
dying when the car which was driven by Adrian Greene,
near left, was wheeled into the driveway below.

+ }
q pa Sak oe ao eR

troopers with him to follow the murder
car down the Chesnee highway.

Sheriff Miller and Chief ‘of Police
J. H. Hill of Spartanburg arrived at the
mill. The yard where the death car sat
was crowded with excited workmen.

“The killers,” Constable Henry ex-
plained to the sheriff, “drove a green
sedan. The driver was a big, flaxen-
haired man.”

Chief Hill rushed to the mill office and
called this information into headquar-
ters and a minute later the wires were
carrying a description of the car and
driver to every city and town within a
radius of 50 miles.

The body of Earle ‘Belue was carried
out of the car. The crowd looked on
silently and grimly. They all knew the
dead youth and felt the tragedy.

HERIFF MILLER took the satchel
from Belue’s fingers and turned to

Greene didn't give them a chance.”

Hill nodded. Robbery was the obvi-
ous motive. A man came pushing his
way through the crowd. He was a busi-
ness man who happened to be near the
mill at the time of the shooting,

“The killer’s car,"ghe said, “had a loose
rear bumper. I saw the car and as it
raced away I noticed that the bumper
was dragging on the concrete, I have
just checked that myself. The marks of
the bumper show that they headed for the
Chesnee highway.”

State Constable Henry jumped in his
car and started for the highway to check
the man’s statement. County Medical
Examiner E. H. Nordham arrived at the
mill with the ambulance and the body of
Earle Belue was taken to the Spartan-
burg hospital.

The news of Earle. Belue’s brutal mur-
der spread like wildfire over Spartan-
burg, a textile city of 35,000 inhabitants
in the heart of the Piedmont section of
South Carolina. Crowds gathered on
the streets and the workmen, leaving
their jobs, formed posses to scour the
countryside,

But to the police the murder of Earle
Belue presented one of those baffling and
impossible crimes. On the face of it, he
was killed in an attempted robbery. A
number of witnesses were quickly

“Hi Chief Hill. “The killers wanted this but -

rounded up who saw the green car and
the two men in it.

Yet none of the witnesses recognized
either of the men. A filling ‘station op-
erator on the Mill highway told Sheriff
Miller that the green sedan had stopped
at his filling station earlier in the morn-
ing and that he had had a good look at
the two men and was certain that they
were strangers in the community,

‘Two housewives, living near the mill,
saw the two men and their car when it
was parked on a side road about an hour
before the shooting. Neither of the
women, both well-acquainted in the city,
recognized the men.

“A couple of killers from some other
state,” Sheritf Miller said to Chief of
Police Hill. “They came here to stage
a holdup, killed Belue and got scared
away. By now they are miles away and
our chances of ever tracing them are
about a thousand to one.”

Deputy Sheriff John W. Becknell was
with Sheriff Miller and Chief Hill. Beck-
nell was noted for his ability to ferret
out clues leading to the solution
of impossible cases.

“Outside killers, sure,” Beck-
nell agreed, “but outside killers
just don’t drop in and stage a
holdup. There has to be a finger
man and that man has to know
the mills and when the payroll
is taken from the .bank.”

“Meaning that it was partly
an inside job?” Sheriff Miller
questioned.

“Why not?” Becknell replied.
“That green car the killers were
driving is a pretty obvious-
looking automobile. We haven’t
found anybody who -saw it at
Spartanburg yesterday, but we
have plenty of witnesses who

The telltale green of the bandit car, be-
low, coupled with a missing back bumper,
aided officers in their investigation. Ray
Coleman, right, was still protesting his
innocence as he went to the chair for the
ruthless slaying of the payroll assistant.

COPECO TTH IIb TTT Ted ea g gy

cavoas OLdnGh

saw it around here this morning. The
two men in that car knew the exact time
Belue and Greene would be coming from
the bank and they could only know it
from someone inside the mills.”

Two sudden developments in the case,
however, shunted Becknell’s theory of :
an inside job to one side for a little while. /
The young operator of a filling. station
near the North Carolina line on the Cow- ”
pens-Rutherford highway, phoned in the
information that two men had stopped
at his station fifteen minutes before. and —
had traded a revolver for 15 gallons of °
gas. -

The car these two men were driving,
he said, was a green sedan with the rear
bumper: missing !

As this news was received, Constable
Henry, who had rushed out to follow the
trail of the loose bumper on the cement
highway, returned to Spartanburg, car-
rying a bumper with him.

“This,” he explained to Sheriff Miller,
“came from the killers’ car. It was found
about a mile from the village of Cowpens,

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STARTLING, <9ay B

j ‘ath sentence was appeal- |
» the State supreme: court, ;
\ August 25 dismissed the|
S &) nber 17 wa s set
ts a e€ ath.
; state electrician,
xecution switch at 7
the cane-tap ‘signal’ of |

roaman ge % |
but once,” and!

lead. |

10 . have been r

“was wearing a white
users and re socks

sting ran ae there over |
«death of Mr. Ransom, and|
hen a second alleged suspect
“the case, Johnnie pepe
sg returned frorn Philadelphia |
- Benn ettsville Saran 4, ten!
ys after the death of Ransom,
riff . William J. W eatherly
nsferred Strickland to ‘Flor-
jail.
2 aiehoetiece: anid Strick.
se had not been disposed |
pte that the third participant}
tthe crime was being sought. |
John O’Brien of the second. de-
tactive division, Philadelphia po-
; department, received the
#2100 reward which had been of-
fered for Strickland’s arrest.
Strickland _was returned to}
nnettsville by Sheriff Weath- |
rly - and Constable Hamer’
weeks of McColl. |
Officers learned the identity of |
e trio when they found a set of
ee nis often used by housebreak-
Sy near the mili the morning
the crime.

aad

— <=

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~*~:

764 103 SOUTHE.WSTERN REPORTER (S.C

limited the jury in his instruction to consider
whether or not the defendant, by the greater
wright of the evidenee, had established by the
greater weight of the evidence his plea of
alibi; whereas, his honor should have instruct-
ed the jury that if the evidence was evenly
balanced, that was sufficient, and the jury, giv-
ing the defendant the benefit of the reasonable
doubt, would have to acquit him.

©. P. Sims and L. G. Southard, both of
Spartanburg, for appellant.

Solicitor I. C. Blackwood and A. B. Hill,
both of Spartanburg, for the State.

GARY, O. J. The defendant was tried at
the October, 1919, term of the court of gen-
eral sessions for Spartanburg county, upon
the charge of assault with intent to ravish.
The defendant denied the facts narrated in
the testimony of the prosecutrix, and set up
the defense that he was not present at the
time of the alleged assault—in other words,
an alibi.

The jury rendered a verdict of guilty, and
the defendant was sentenced to be electro
cuted on the 5th day of December, 1919. He
appealed upon numerous exceptions, which
will be reported. The prosecutrix thus testi-
fied: ;

“Q. Now, just state what happened to you
on Monday morning the 15th day of last Sep-
tember. A. I was on my way to my work in
Spartanburg. Q. What road did you have to
travel to come to Spartanburg? A. Highland
avenue. Q. Is your house outside the city
limits? A. Just in. Q. In coming from your
residence to work, through what portion of
the town do you travel? A. Southwestern. Q.
Then you come through the colored district?
A. Yes, sir. Q. As you come away from your
home the first 200 or 300 yards, what is there
along the road? A. Just a field; not any-
thing. Q. How does your house sit with re-
spect to that piece of woods you had to pass
coming to the city—down the hill, is it not;
practically out of sight, except the top, the
upper story, from that point? A. Yes, sir. Q.
About what time of day was it, when you
came along near where this piece of woods
is, that morning? A. About 8 o'clock. Q.
When you approached these woods whom did
you see, if anybody? A. I didn’t see any one
until this Grover approached me. Q. How close
were you to the woods? A. I was 8 or 10 feet
from the edge of the woods. Q. Had you seen
any one up to that time? A. No, sir. Q. How
did he approach you—just speak so this gentle-
man over here can hear you? A. He said,
‘Lady, can you change $5?’ Asked me if I
could change $5. I told him I did not have
any change—perhaps, if he would go down to
the house, my father could change it. He said,
‘I will give you $100 for your person,’ and with
that he ran out and grabbed me about the
waist. Q. What did he say as he grabbed you?
A. He said, ‘I want you.’ Q. What part of
your body did he grab you? A. He grabbed
me around the waist, with his left hand. Q.

What, if anything, did he have in hig right
hand? A. He tried to get his right over my
mouth. Q. How long did he engage you in
the struggle before you got loose? A. I could
not say—just a short while. Q. How did you
get loose? A. I jerked-loose. I had on this
patent leather belt, and his hand slipped, and
when his hand slipped I jumped to my feet
and screamed, and when I screamed he ran
down through the woods. Q. You say you
jumped to your feet? A. I fell to the ground
when he grabbed me, and I screamed as I was
coming up, and he ran down through the woods.
Q. What portion of your wearing apparel did
you lose? A. I lost a comb I was wearing in
my hair. Q. Did you lose any other part of

your wearing apparel? A. Lost no other part,

of my wearing apparel. Q. Did you know at
that time that you had lost your comb? A. I
did not. Q. What became of him? A. He ran
down through the woods. Q. That piece of
woods would be to your right coming towards
the city? A. Yes, sir. Q. What is on the
left? A. It is am open field on the left. Q.
What house, if any, is near there? A. Not
any. Q. Tolerably near? <A. There is a negro
house. Q. Is, or not, that house this way com-
ing towards Spartanburg? A. This way; yes,
sir. Q. Did you see any one around that house
at that time? A. No, sir; I did not. Q. Did
you see any one in hearing or sight there
when he came to where you were? A. No, sir.
Q. When he ran what did you do? A. I was
so stunned I just stood there, and then I
started down to my home and told my father.
Q. When was the next time you came to the
place, and whom did you come with where this
happened? A. I came back later. I came with
Sheriff White and Mr. Lancester and my fa-
ther, and two other gentlemen; { don’t remem-
ber the names; two other officers, I think.
Q. Did you point out to them the place where
he grabbed you in the road? A. Yes, sir. Q.
Where the struggle took place? A. Yes, sir.
Q. And did you or not show them where he
left through the woods? A. Yes, sir. Q. Did
you or not describe his personal appearance
to them? A. Yes, sir. Q. After that time,
then, do you know who did that now? Do
you know the man that grabbed you? A. Yes,
sir. Q. Who is he? A. That Grover— Q. Is
this he over here? A. Yes, sir. Q. You are
confident that is the man. A. Yes, sir.
When was the first time you saw him after-
wards? A. At the county jail. Q. Did you
identify him there? A. Yes, sir. Q. Who were
present? A. My father and my sister, Sheriff
White, and Mr. Floyd, and Chief Hill, and Mr.
Lancaster, and Mr. Haddon. Q. Did anybody
aid you in making this identification? You made
it unaided and alone? A. Yes, sir. Q. Pos-
itively? A. Yes, sir. Q. Before you identified
him, did they present to you some other per-
son? A. Yes, sir. Q. (Where is that fellow?
What is your name? A. Kelly Thompson.)
Was this man presented to you for identifica-
tion? A. Yes, sir. (Objection.)

“The Court: It is a circumstance testing the
accuragy of her identification—it is just a ct-
cumstance for the consideration of the jury;
they may give it any weight they want to.
think it is proper for it to come out.

S.C.)

paces

a caees

Sih sensing

STATE yr.

BUTLER 765

(103 S.E.)

“Q. (by C. P. Sims, Esq.). I would like to
ask her if this defendant was present when this
alleged transaction, of which she is now tes-
tifying, took place. If he was not present, we
would ask if, under those circumstances, the
testimony is competent.

“The Court: I think it is proper for it to
come out.

“Q. Was the other man present when this
man was presented for your identification?
A. No, sir. (Objection on the ground the oth-
er man was not present.) Q. What was the
appearance of Grover Butler that morning, how
wus he dressed? A. The best I can remember
he had on overalls—an overall suit—he had on
nice looking tan shoes, and, I think, he had on
acap. He appeared very neatly—his appear-
ance was very neat. Q. What was his appear-
ance as for teeth and mustache? A. Had a
Charlie Chaplin mustache, and beautiful white
teeth. Q. At the time you did identify him,
how many negroes were in the cell with him?
A. Nine. Q. When you were first admitted in
the jail room, was he among the nine others?
A. Yes, sir. Q. What question, if any, did
they ask you at that time? What question Were
you asked by the sheriff or anybody else? A.
He told me he was going to carry me up to
the cell. He said he would bring one out at
a time, and for me to nod my head and iden-
tify him, if it was the one. Q. Were you able
to tell whether he was the one among all those
inthere? A. Yes, sir. Q. That point out there
is in Spartanburg county and in the city limits?
A. Yes, sir. Q. In passing through that place
there coming to the city, coming to Spartan-
burg, what sort of district is that, white or
colored? A. Mostly colored. Q. Is there, or
not, a colored store near this point? A. Yes,
sir. Q. Have you, or not, been passing baci
and forth this way by that colored store and
those colored houses as you came to and from
your work? A. Yes, sir. Q. At what hours?
A. About 8 o’clock in the morning, and return
5:30 or 6. Q. Usually with some one or un-
accompanied? A. Usually unaccompanied. Q.
Had you any occasion to observe crowds of
colored men and colored folks when you would
pass through there? A. Yes, sir. I did not
observe them particularly; just noticed them
congregated there at times when I would pass
through. Q. Are there any white families near
there? A. My father runs a plantation there.
We are the only white family right close around
there. It is some distance to the first white
house, and some distance this way to the near-
est—to the first house in town. Q. It is a
kind of lonely place down on the creek there,
your home? A. Yes, sir. Q. Did you receive
any injuries as to your clothing when you fell
in that scuffle? A. My skirt had dust on it.
Q. Any other marks or injuries to amount to
anything? A. No, sir. Q. Was that condition

brought about by falling? Did you exhibit that
condition to any of the officers? A. My sister
noticed it.”

The exceptions now will be considered.

{1] First exception. It is only necessary
to refer to the testimony which we have re-
produced, to show that this exception cannot
be sustained.

(2, 3] Second exception. Even if this testi-
mony was irrelevant and incompetent, it can-
not be successfully contended that it was
prejudicial to the rights of the defendant.
This court, however, approves the ruling of
his honor the presiding judge hereinbefore
stated.

[4] Third, fourth, and fifth exceptions.
What the prosecutrix stated to the members
of her family immediately upon her return
home after the assault was admissible in
evidence on the ground that it was a part of
the res geste.

[5] Sixth, eighth, and ninth exceptions.
Jt was necessary for the prosecutrix, in the
interest of law and order, to identify, if
within her power, the one who made the as-
sault upon her; and there was no unfair-
ness whatever in the methods of {dentifica-
tion which were pursued.

[6] Seventh exception. It does not appear
from the testimony whether the defendant
was concealed or not before accosting the
prosecutrix.

[7,8] Tenth exception. There are two rea-
sons why this exception cannot be sustained.
In the first place, no request was presented
embodying the proposition of law for which
the appellant’s attorney now contends; and,
in the second place, his honor the presiding
judge thus charged the jury:

“If, after a review of the whole testimony,
the testimony as to the alibi, and the testi-
mony as to what his intentions were, if in view
of the entire testimony, you have a reasonable
doubt as to whether he is guilty, it is your
duty to acquit him. If you have a reasonable
doubt as to whether or not he has established
his alibi, it is your duty to acquit him.”

It is the Judgment of this court that the
judgment of the circuit court be affirmed,
and that the case be remanded to the circuit
court, for the purpose of having another day
assigned, carrying into execution the sen-
tence imposed by the court.

HYDRICK, WATTS, FRASER, and GAGE,
JJ., concur.

ho me ee

: “4

wi. OF L338

~~.
ed

762 103 SOUTHEASTERN REPORTER (S.C,

(114 8. C. 483)
STATE v. BUTLER. (No. 10473.)

(Supreme Court of South Carolina. July 26,
1920.)

1. Rape €=>53(3)—Evidence held to show In-
tent to rape.
Evidence held to show that the assault was
made with the intent to commit rape.

2. Criminal law’ @=1169(1) —Evidence that
, prosecutrix did not identify other prisonen
presented for identification in defendant’s ab-
sence not prejudicial.

In prosecution for assault with intent to
ravish) in which defendant claimed an alibi,
the admission of evidehce of prosecutrix that
another prisoner in defendant’s absence was
_ presented to her for identification, and that she
did not identify him as the man,who made the
assault, Held not prejudicial to fefendant.

3. Rape ¢=-45—Testimony that prosecutrix did
not identify another prisoner as the guilty
man held admissible. — -

In prosecution for assault with intent to
rape, in which defendant claimed an alibi, tes-
timony of prosecutrix that a prisoner’ other
than the defendant was presented to her for
identification in defendant’s absence, and that
she stated that such prisoner was not the man
who assaulted her, held admissible.

4. Criminal law ¢==366(6) —Statements of
prosecutrix on return home after assault res
gestz.

In prosecution for assault with intent to
rape, testimony as to statements of prosecutrix
to the members of her family immediately on
her return home after the assault was admis-
sible as part of the res geste.

5. Rape @==45—Evidence as to prosecutrix’s
Identification of defendant held admissible.

In prosecution for assault, testimony as to
identification of defendant after a number of
other prisoners had been called before her for
identification one by one held admissible; such
method of identification being fair.

6. Rape ¢@=38(1)—Evidence that man could
have concealed himself by road, in absence of
evidence as to concealment, not error.

In prosecution for assault with intent to
rape, admission of testimony that a man could
have concealed himself close to the road held
not error, though there was no testimony as
to whether defendant was concealed before ac-
costing prosecutrix.

7. Criminal law €==825(3)—Instruction as to
proof of alibi not error in view of failure to
request othen Instruction.

An exception to an instruction that defend-
ant must establish his plea of alibi “by the
greater weight of the evidence” cannot be sus-
tuined, where defendant in accordance with
his contention as to the law made no request
for an instruction that evidence evenly bal-

anced was sufficient, and giving him the ben-
efit of reasonable doubt, the jury would have to
acquit.

8. Criminal law €=-823(10)—Instruction as to
proof of alibi held not error in view of other
instruction.

The giving of an instruction requiring de-
fendant to establish his plea of alibi by the
greater weight of the evidence held not error,
in view of other instruction to acquit defend-
ant if jury had a reasonable doubt as to wheth-
er or not defendant had established his alibi.

Appeal from. General Sessions Circuit
Court of Spartanburg County; F. B. Gary,
Judge.

Grover Butler was convicted of assault
with intent to ravish, and he appeals. Af-
firmed.

The following are the exceptions referred
to in opinion:

First Exception—In that there was no tes-
timony whatever that the defendant made an
assault with intent to commit rape.

Second Exception—In that his honor erred
in overruling the objection of the defendant to
the following questions and answers: ‘Was
this man, referring to Kelly Thompson, pre-
sented to you for identification?” and permit-
ting the answer, “Yes, sir’—the defendant con-
tending that this was incompetent for the rea-
son the said witness admitted that whatever
took place at this alleged identification of Kelly
Thompson was in the absence and beyond the
hearing of the defendant, and that the defend-
ant for that reason was not responsible for nor
bound by the same; and in further overruling
defendant’s objection based on the same ground
to the following question by the solicitor and
answers by the witness, to wit: “Q. Was thia
man presented to you first? A. Yes, sir. Q.
Did you identify him as not the man? A. Yes,
sir.’ This testimony the defendant claims dis-
closed to the court and jury what the said
witness and prosecutrix testified took place in
the absence and beyond the hearing of the de-
fendant; said testimony being highly prejudicial
to the defendant, in that it undertook to show
that the prosecutrix had stated in the absence
of the defendant that a certain other man
had been presented to her, and that she had
stated that he was not the man; thereby at-
tempting, by incompetent testimony, to bolster
up and strengthen her alleged statement that
the defendant did assault her.

Exception 3.—That his bonor erred in overt-
ruling the objection of the defendant to the fol-
lowing questions and answers: “Q. Did you
have some one to point out this spot in the
road where this alleged assault happened? A.
Yes, sir. Q. Your daughter reported this te
you, when? A. In a few minutes after it hap-
pened, I suppose; she had not been goue up
but a few minutes, when she came back down
the road. Q. Did you go straight to the scene?
A. Right straight. Q. And she pointed it ont
to you? A. As nigh as she could. Q. What did

she say? A. She came down the road crying,
FF cee ee

@=>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Re sma ier

S.C.) STATE v. BUTLER 763
(103 8.2.)

and told me that a black fellow had insulted
her, and we went right back. I could see the
ground kind of scraped up”—it being respect-
fully submitted that the same was incompetent,
hearsay, and prejudicial; and that the force of
the same was to attempt to corroborate state-
ments of the prosecutrix, and to bolster up and
strengthen her statements,

Exception 4—That his honor erred in admit-
ting over objection of defendant to the follow-
ing questions and answers: “Q. What de-
scription did she give? A. Said he was kind
of a yellow fellow. Q. What other description
did she give, if any? A. Said he was a mulat-
to, and had on overalls—did not say whether
they was old or new—said he was dressed:in an
overall suit. Q. What did she say as to his
size? A. Said he would weigh about 140 to
135, something like that—I forget exactly”’—
it being respectfully submitted that the same
was incompetent, hearsay, and prejudicial; and
that the force of the same was to attempt
to bolster up and strengthen the statements of
the prosccutrix.

Exceptin Five.—That his honor erred in ad-
mitting over objection pf the defendant the
following questions and answers by a sister
of the prosecutrix: “Q. What did she say?
What did she say about it? A. She told us she
had been attacked by a negro, and told all she
said. Q. What did she tell he said? A. She
said he asked her for change—could she change
$5—and she told him she did not have any
money; if he would go down to the house,
maybe my father could; and that he then said
he would give her $100 for her person, and that
she asked him what did he say, and that he
ran toward her and said, ‘I want you.’ She
said then he grabbed her around the waist.
Q. Did she point out the place to you? A.
Yes, sir’—it being respectfully submitted that
the same was incompetent, hearsay, prejudicial,
the force of which was to bolster up and
strengthen the statements of the prosecutrix.

Exception 6.—That his honor erred in admit-
ting, over objection of defendant, witness Bry-
ant to testify in regard to the identification of
the defendant by the prosecutrix in the county
jail, while he was under arrest, as follows:
“Q. How was it done? A. He was put in a
cell with nine other negroes, and Miss Mabry
was sent for. She got there somewhere in the
neighborhood of 6 o’clock Sunday afternoon.
The sheriff told her, ‘We have ten negroes up
here in the cell and we want you to come
up and look at them, and, if you see the negro
that assaulted you, nod your head; and if you
do not, don’t open your mouth.’ We taken her
to look over the negroes, some several of us
around. After a while she nodded her head.
He says, ‘Do you see him?’ Then he says,
‘Negro, you come up here.’ He says, ‘Is that
the man?’ She shook her head. He says,
‘Take him back.’ Then he says, ‘Negro, you
come up here.’ She shook her head. He says,
‘Stand back.’ Then he said, ‘Negro, you come
up here.’ She bowed her head. That was
Grover Butler”—it being respectfully submitted
that the same was cumulative, incompetént, and
prejudicial.

Exception 7.—That his honor erred in admit-
ting over objection the witness J. F. Floyd to

answer the following: “Q. A month ago, the
15th of September, at the time this is said to
have happened, would you regard it possible for
2 man to conceal himself close to that road?
A. I would’—it being respectfully submitted
that the same was incompetent, irrelevant, and
prejudicial to the defendant, in that no one had
testified that the defendant had concealed him-
self, or attempted to conceal himself, in said
woods.

Exception 8.—That his honor erred in admit-
ting over objection of the defendant J. F.
Floyd to answer the following: “Q. Were you
present on the Sunday at the county jail when
this young lady made this identification? A. I
was present and saw this young lady when she
went through the identification. She was car-
ried upstairs before she went to the cell. She
was told to go to the cell and see if she
could identify the man, and, if she could, to nod
her head and step back. She stepped back,
and said he was there. The sheriff had No.
1 step up, and she made no sign, and No. 2
and No, 3 the same way, until he came to the
fourth one, which she identified as Grover But-
ler, just as clear as a bell’—the same being
cumulative, and highly prejudicial to the de-
fendant, the force of which was merely to
bolster up the testimony of the prosecutrix.

Exception 9.—That his honor erred in admit-
ting over objection of the defendant, the wit-
ness W. J. White to answer the following
questions: “Q. What identification did you have
there? A. I put him in a cell to himself,
dressed just like he was when I got him, and
sent for Mayor Floyd and Chief Hill. We
decided to put him in his overalls and the cap,
just like he was dressed before. We got the
cap from his grandmother, and put him in
the cell with nine other negroes, ranging dif-
ferent sizes, colors, and ages. I sent for Miss
Mabry at her sister's; had two blowouts on
the way. We got her here around 6 o'clock.
Her sister was with her, and she came back
with her. I told Miss Mabry I had a negro
upstairs in a cell with several others I wanted
her to look at, and if she should recognize that
man, I wanted her to nod her head. Q. Did
you help her in any way, or make any sug-
gestion that would enable her to identify him?
A. I called the officers upstairs and brought
her up myself. I then brought all nine in one
cell. She looked over the crowd, and I saw
she wanted to say something. I says, ‘Is he in
there?’ She says, ‘Yes, sir.’ I says, ‘Stand
up.’ I says, ‘You come up here, negro.’ I said
to her, ‘Is that him?’ I says, ‘Stand back.’ I
went through just that way until I called the
fourth man up, which was his turn. When I
called him up, she said, ‘That is him,’ without
any hesitation whatever, and regardless of the
fact he had shaved his mustache off’—the er-
ror being that the evidence was cumulative;
that he was under the duress of being in prison;
that he was required to change his clothing and
his appearance, and the force of which was to
likewise bolster up and give strength to the
testimony of the prosecutrix.

Exception 10.—In that his honor erred in
charging the jury that the defendant must es-
tablish his plea of alibi “by the greater weight
of the evidence’—the error being that his honor

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900 S.C.

She further testified that she had sought his
consent to a divorce, but he refused; that
she had him arrested and committed to the
State Hospital because she couldn’t live
with him any longer, a portion of her tes-
timony being: “* * * I begged him to
try, just the two of us together, because it
was the children—it was my children, any-
body that I had any contact with, so my last
plea with him was to let’s try, just the two
of us, to make a go of it away from every-
body else, but it just wouldn’t work. I
couldn’t do it, I have to make a living.
* * * that about sums it up.”

Respondent’s sister, Mrs. Maggie Stokes,
testified that respondent’s mental condition
is now as it has always been; that he has
never been any other way; “If he’s crazy
now, he’s always been crazy; that he has
never mistreated his wife. She also testi-
fied that she went to sce him often while in
the State Hospital and on three different
occasions had talked with one of the doctors
who stated to her that “he can’t find one
thing wrong with him, but he said his wife
put him here and she’ll have to take him
away, * * *.”. This testimony was un-
objected to and the doctor was not produced
to refute it or any showing made that he
was not available even though the hearing
was held in Columbia where the State Hos-
pital is located. Mrs. Stokes further testi-
fied that she and her son live in her country
home which has nine rooms; that she owns
other property and has an income sufficient
to care for respondent; that it is her wish
that he be released from custody and be
permitted to live with her.

Two other sisters substantiated the prin-
cipal parts of Mrs. Stokes testimony. One
of whom testified that she had talked with
Dr. Carrigan of the State Hospital a num-
ber of times and was given “good hopes for
him,” and he stated on one occasion that
they “only wanted to keep him a few days
longer”; and Dr. Carrigan was not called
as a witness to refute this testimony.

The physician who testified would not at-
tempt to estimate the time spent in observ-

93 SOUTH EASTERN REPORTER, 2d SERIES

ing respondent, and it appears that his opin-
ion was based primarily upon the “history”
of the case which is made up largely of
what others had said, principally the wife.

While the testimony of a- psychiatrist
must be given great weight in such matters,
it does not necessarily follow that they are
infallible and that all evidence to the con-
trary is of no value. . The testimony of
those who have known Respondent for a
long period of time and are familiar with
his way of life is also of probative value,
and it cannot be said that the findings of the
hearing Judge are without evidentiary sup-
port. 3

For the foregoing reasons, I am of opin-
ion that all exceptions should be dismissed,
and the Order appealed from affirmed.

same

The STATE, Respondent,
: v. ‘
Harold BYRD, Appellant.
No. 17186. Sot

Supreme Court of South Carolina.
July 12, 1956.

Defendant was convicted of murder.
The Court of General Sessions, Spartanburg
County, Bruce Littlejohn, J., rendered judg-
ment on the jury’s verdict and defendant ap-
pealed. The Supreme Court, Oxner, J.,
held that an army private’s report to an
army mental hygiene clinic service, to
which defendant was sent while in military
service, as to defendant’s family and social
history, related by him, and such private’s
observations as to defendant’s appearance
and demeanor during his examination, was
properly excluded from evidence as consist-
ing of self-serving declarations by defend-
ant and conclusions reached by such private,

Mis DS STATE y, BYRD 4° S012 f

S.C. 901

Cite as 93 S.E.2d 900

who was not shown to be a psychia‘rist or
other expert qualified to express opinion as
to defendant’s mental condition, and that
trial court properly refused to su mit to
jury defense of insanity, in view of uncon-
tradicted testimony that defendant was sane
and had capacity to distinguish’ between
right and wrong. MOUNT Eh :

Judgment affirmed. - (47!

i. Criminal Law ¢=121, 591

A motion for change of venue or con-
tinuance of criminal case on ground that de-
fendant cannot obtain fair and: impartial
trial in county of venue’ is addressed to
trial judge’s sound discretion. 1

2. Criminal Law @>121, 591

In murder prosecution,. trial judge did
not abuse his discretion in denying defend-
ant’s motion for change of venue or con-
tinuance beyond term.on ground that he
could not obtain fair and impartial trial in
county of venue because of fact that an-
other had just been tried therein for murder,
found guilty and sentenced to electric chair,
and fact stated in newspaper articles and
over radio, where no affidavits were offered
and judge concluded, after examining such
articles, not incorporated in record, that
there was nothing inflammatory or preju-
dicial to defendant therein, and also found
no prejudice to him because such other pet-
son had just been tried. -

3. Criminal Law €=730(1)

‘In murder prosecution, defendant’s mo-
tion for mistrial on ground that he was
prejudiced by solicitor’s naming of one who
had just been convicted of murder and sen-
tenced to electric chair, instead of defend-
ant, in question asked on cross-examination
of defendant’s former employer, was prop-
erly refused, though one of defendant’s de-
fenses was mental deficiency, which was re-
jected as defense by jury in such other per-
son’s case, and one of jurors therein was
also'on jury trying defendant, as solicitor’s

;

reference to such person’s name was mere
inadvertence, which was instantly corrected
by his statement that he meant defendant.

4. Criminal Law €=404(3)
Homicide €171(1)

in murder prosecution, trial court did
not err in permitting state to introduce in
evidence an ice pick, with which decedent
was stabbed, a cord claimed to have been
used by defendant to tie decedent’s feet, and
the pick handle, thrown away by decedent,
and to offer evidence as to wound inflicted
on decedent.

5. Criminal Law €=413(1)

In murder prosecution, an army pri-
vate’s report to army mental hygiene clinic
service, to which defendant was sent while
in military service, as to his family and
social history related by him and such pri-
vate’s observations as to defendant’s appear-
ance and demeanor during his examination,
was properly excluded from evidence as

‘consisting of self-serving declarations by

defendant and conclusions reached by such
private, who was not shown to be a psychia-
trist or other expert qualified to express
opinion as to defendant’s mental condition.

6. Homicide €=270

In murder prosecution, trial judge prop-

erly refused to submit to jury defense of
defendant’s insanity, in view of uncontra-

dicted testimony that he was sane and had
capacity to distinguish between right and
wrong, though there was evidence of de-
fendant’s subnormal mentality.

7. Criminal Law €=46

Subnormal mentality of one accused of
crime is no defense, unless he was unable by
reason thereof to distinguish between right
and wrong with respect to particular act in
question.

8. Criminal Law <=50

Irresistible impulse is no defense to
criminal charge.

*9G6T“TE-g (Sanquequeds) gg og *oeTe ‘tz SyoeTaQ *ptozeH ‘cura

[Cots]

Assign lacation to Charest, Se
PY Charleston Quriey Ylof47 2:2 \

CATO

"Cato, the property of F, S, Holmes of St, Andrews Parish,
S. (., convicted of an attempt to commit rape, was executed
on March 5, 1817, agreeable to his sentence, near the Club
jouse in said Parish, He was accompanied to the gallows

by Rev, Mr, Hanckle, where, in a short address to his
colored brethren, he acknowledged his guilt and adminished
them to beware of crime and take an example of his drrad-
ful end, He died without a struggle,"

NATIONAT. POLICE GAZFTTF, March 13, 1847 (211)

McCANTS, Thomas

"Beitimore, Maryland, SUN, July 18, 1843 (2:2):
Thomas McCants was hanged at’ Col umbia, 5. ©.,
on July 14, 1843, for murder." Sent by Hearn.

urdered Mr. Ladd on 3197-42:
O° Charleston Courier’ 115/43 RA

t
*

Cha doed orn

hs ES, NUMBER 12

a
A

D fig
Fricentennial Studies, published by '

gon behall ob a RAWLINS LOWNDES, ives
1721-1800

by Carl J. Vipperman

Published for the
South Carolina Tricentennial Commission

by the
; UNIVERSITY OF SOUTH CAROLINA PRESS
Columbia, South Carolina /
“

(4//

aerg wy

828-8. C.

into realization, they take your life, then the
law says that is murder.” No valid objec-
tion to this charge appears.

We find no error in the trial of the case,
and the judgment of this court accordingly
is that the judgment of the circuit court be
affirmed.

WATTS, C. J., and BLEASE, STABLER,
and CARTER, JJ., concur.

ASHWORTH v. ASHWORTH.
No. 7522.

Supreme Court of Georgia.
March 18, 1930. ‘

Rehearing Denied April 19, 1930,
Syllabus by Editorial Staff.

Husband and wife C296 — Alimony — Petition
— Sufficiency. .

Petition for alimony by wife unable to
live with husband for husband’s misconduct
and compelled to support herself impairing
health held sufficient.

Petition by wife alleged that, after year
of married life, wife was compelled to
make living for herself and husband by
taking in washing; that hard work im-
paired her health, that husband spent her
earnings and entered into scheme to trans-
fer her property, which transfer was
sought to be enjoined, and that husband’s
acts forced wife to live apart from him.

RUSSELL, C. J., and ATKINSON, J.,
dissenting. .

Error from Superior Court, Gordon Coun-
ty; C. C. Pittman, Judge.

Suit by Mrs. Cora Elizabeth Ashworth
against J. W. Ashworth. Judgment for plain-
tiff, and defendant brings error.

Affirmed.

Mrs. Cora Hilzabeth Ashworth brought suit
against J. W. Ashworth for permanent ali-
mony, alleging, in substance, the following:
Plaintif! and defendant were married on
December 9, 1925, and lived together until on
or about October 10, 1929, during which time
she performed all of the duties resting upon
her as his wife. Before marriage he told
ber that he would give her a good home and
make life easy for her, stating that he had
property worth $11,000 or $12,000. After a
year of married life he began to grow
distant in his affections toward her; and,
after borrowing all of her own money,

152 SOUTH EASTERN REPORTER

he told her that she would have to take
in washing to make a living for them.
She took in washing, purchasing a wash-
ing-machine for. which she paid out of her
earnings, and in this way made from $10
to $20 a week. The defendant collected some
of the money which she earned and spent it
on himself. She made the living,for both
of them, and has gone without the necessi-
ties for herself. The hard work has injured
and impaired her health, and she is no longer
able to continue the work, which has caused
her to have rheumatism. Defendant entered
into a scheme to get rid of her, by requiring
her to do such hard work, and made life so
unpleasant for her that it is now impossible
for her to continue to live with him in peace
and harmony, so that she was forced to leave
the home of defendant. In promotion of his
scheme, he has deeded his property to his
daughter to prevent plaintiff from getting any
benefit from it under the terms of their ante-
nuptial agreement. Her mother and father
came to live with them. Her father received
a pension from the United States govern-
ment of $72 per month, and defendant forced
them to pay him the entire amount for
their board; and later, when the pension was
increased to $90 per month, he forced them
to pay all of this sum as board. Plaintiff
is now living apart from her husband in a
bona fide state of separation, because it Is
impossible for her to live with him in decency,
peace, and harmony. No suit for divorce is
pending. A schedule of the property owned
by the defendant is attached to the petition.
The prayers are for temporary and permanent
alimony; that the defendant be restrained
from alienating or incumbering his property;
for possession of the washing machine; for
attorneys’ fees, etc.

By amendment, plaintiff alleged that for
several months prior to the time she left the
home of defendant her health had become im-
paired from the hard work he had required
her to do; that he was informed of her im-
paired physical condition, and he told her he
was not able to support her and let her live
like a lady, and that if she thought she could
do better elsewhere, to go ahead, and that
if she lived with him she would have to work
for a living; that he grew contentious and dls-
tant toward plaintiff prior to the execution
of the deeds to his property, and he executed
these conveyances as part of a scheme to rid
himself of plaintiff, and in violation of his
agreement made with her before marriage;
and that he concealed from her the existence
of such conveyances, until she found out abou:
them a short time prior to October 10, 1929,
and when plaintiff requested and demanded
of him that he have title to said property
made to her, as agreed prior to marriage, he
refused to do so.

€=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

in anche a ce baie

RT A AE LON PS ep a a a

JAMES ¥. HUDSON Ga 829

152 8.8.

General and special demurrers to the peti-
tion were overruled, and the defendant ex-
cepted.

M. B. Eubanks, of Rome, for plaintiff in
error.

Syllabus Opinion by the Court.

HILL, J.

The petition for permanent and temporary
alimony, as amended, was sufficient to with-
stand the demurrer, and the court did not
err in overruling the same. Sikes v. Sikes,
143 Ga. 314, S5 S. BE. 193; Kent v. Kent, 143
Ga. 320. 85 S. E. 196.

Judgment affirmed.

All the Justices concur, except RUSSELL,
C. J.. and ATKINSON, J., dissenting.

e~«

JAMES v. HUDSON.
No. 7451.

Supreme Court of Georgia.
March 18, 1930.

Rehearing Denied April 19, 1930.

Syllabus by Editorial Staff.

1. Evidence €>158(27) — Bond for title — Rec.
ord — Original — Proof of loss.

Rejection of record of bond for title held
proper in absence of proof of loss of original.

2. Execution €>194(3) — Possession — Claime
ant — Wife — Evidence.

Evidence did not demand finding that
wife claiming land was in. possession at time
of levy against husband (Civ. Code 1910, §§
8011, 4528).

Execution was levied on land of husband
to which wife filed claim. The evidence
showed that husband transferred bond for
title to wife. Wife’s father testified that
she was in possession on date of levy, but
subsequently testified that he supposed
both husband and wife were in possession
and that husband was living with wife at
time of levy. Civ, Code 1910, § 4528, re-
lated to possession of land levied on, and
section 3011 provided that, when trans-
action between husband and wife is attack-
ed for fraud by creditors, onus is on hus-
band and wife to show transaction was
fair.

3. Execution €>194(3) — Husband and wife —
Land — Evidence — Claim by wife.

Evidence of husband's possession of land
levied on, and conveyance to wife not paying

for land, did not demand verdict for wife
claiming land (Civ. Code 1910, §§ 3011, 4528).

Sheriff’s entry showed that husband was
in possession of land levied on, and evi-
dence was insufficient to demand finding
that wife claiming land was in possession
at time of levy, but transaction between
husband and wife took place when there
was judgment outstanding against hus-
band, and there was no evidence tending to
show wife paid anything for transfer of
title to her.

Error from Superior Court, Douglas Coun-
ty; Jno. S. Wood, Judge.

Execution by M. A. James, administratrix,
against property of Will E. Hudson, Jr., to
which Lula Hudson filed a claim. Judgment
for claimant, plaintiff's motion for new trial
was overruled, and plaintiff brings error.

Reversed.

On March 19, 1919, Mrs. W. A. James. ad-
ministratrix of the estate of W. P. Strick-
land, recovered a judgment against Will E.
Hudson. Jr. On September 28, 1925, the ex-
ecution issued thereon was levied on describ-
ed land, the sheriff's entry of levy reciting:
W. F. Hudson, Jr. “being in possession of said
property” and “being also the same land de-
scribed in bond for titles from W. B. Edge
to Will Hudson, dated the 15th day of April,
1912.” Lula Hudson, wife of defendant in
fi. fa., filed a claim to the land. Will E. Hud-
son, on April 17, 1912, obtained from. W. B.
Edge a bond for title to the land. The bond
for title was transferred and’ assigned to
Cleghorn Brothers on June 25, 1921. On
April 12, 1922, W. B. Edge made a deed con-
veying the land to Cleghorn Brothers. Cleg-
horn Brothers held, by assignment, certain
promissory notes given by Hudson to Edge,
and Hudson was also indebted to Cleghorn
Brothers for certain building materials. On
October 16, 1924, Cleghorn Brothers reassign-
ed the bond for title to Will E. Hudsm, re
citing: “The debt for which the within bond
for title was transferred over to said Cleg-
horn Bros. having been satisfied, the sanfe is
hereby retransferred to W. E. Hudson, Jr.”
On the same day Hudson transferred the bond
for title to his wife, and Cleghorn Brothers
made a deed conveying the property to Mrs.
Hudson.

J. H. Gable, father of the claimant, testi-
fied that Mrs. Hudson, the claimant, was in
possession of the property on the date of the
levy, and later testified: “I supposed -W. I.
Hudson, Jr., or his wife, or both of them were
in possession of the land before the deed was
made to her by Cleghorn Brothers. * * *
When the land was levicd on I was living
close by her. Her hushand was there too,
living with his wife, the claimant.” <A. Ieuns-

@=For other cases see same topic and KEY-NUMLEH in all Key-Numbered Digests and Indexes

le ie

826 8. C.

The instruction complained of was to ef-
fect that crime may be proven by circum-
stantial evidence as well as by direct tes-
timony, but facts and circumstances relied
on to show guilt must be proven to show
guilt beyond reasonable doubt, and must
be consistent, and that every possible sup-
position by which facts and circumstances
may be explained consistent with inno-
cence of accused must be carefully ex-
amined.

7. Criminal law ©2731 — Jury’s province — Ex-
clusiveness.
Province of jury in solution of issues of
fact in law case is exclusive of all tribunals,
except in matter of new trials.

8. Criminal law €=510 — Accomplice’s testl-
mony — Corroboration.
It was within province of jury to believe
testimony of accomplice and to convict, even
in absence of corroboration.

9. Criminal law €>1129(4) — Court rule — Ap-
peal — Exception.

Exception that court erred in refusing
defendants’ motion for new trial on grounds
stated in record, and upon ground that state
failed to prove venue, held violative of court
rule (Supreme Court Rule 4, § 6).

10. Homicide @>289 — Instructions — Killing
when committing felony.

In murder prosecution, instruction re-
garding commission of murder when complet-
ing design of committing felony held not ob-
jectionable.

The instruction complained of svas to ef-
fect that if A and B set out on an unlawful
enterprise, such as commission of felony,
and, in their efforts to further their de-
sign and complete their design of commit-
ting felony, they take life without fault
on part of deceased, then it is murder,
or if one were going down highway and
persons should approach with precon-
ceived purpose of robbing him, even though
they did not intend primarily to take one's
life at the time they attempted to rob, if,
during process of putting their unlawful
purpose into practice, they took one’s life,
then it is murder,

Appeal from General Sessions Circuit Court
of Spartanburg County; M. M. Mann, Judge.

Paul Johnson and another were convicted of
murder, and they appeal.

Affirmed.

Claude Taylor and Jennings Thompson,
both of Spartanburg, for appellants.

I. C. Blackwood, Sol., L. G, Southard, and
Sam R. Watt, all of Spartanburg, for the
State.

152 SOUTH EASTERN REPORTER

COTHRAN, J.

The defendants were indicted in the court
of general sessions of Spartanburg county
charged with the murder of Earle Belue,
near the city of Spartanburg, on December 4,
1928. The trial was had before his honor,
Judge Mann, and a jury at Spartanburg on
Thursday, April 25, 1929, and resulted in
convictions of murder without recommenda-
tion of mercy. The defendants were accord-
ingly sentenced to death and have appealed.

The exceptions assign error in the following
particulars:

1. That his honor, the presiding Judge.
refused the motion of the defendants made on
April 17, 1929, for an order directing the
sheriff to place the defendants in jail where
they might be interviewed jointly and at the
same time by their attorneys.

2. That his honor efred in permitting the
sheriff to bring the defendants into the court-
room in shackles and in refusing to order
them removed.

3. That his honor erred in setting the case
on Thursday, April 25th, after their arraign-
ment on Monday, the 22d. the defendants hav-
ing announced upon their arraignment that
they were not ready for trial.

4. That his honor erred in refusing the
motion of the defendants for a continuance
upon the ground of the absence of a material
witness.

5. That his honor erred in not excluding
the witness Green from the courtroom after
his order upon motion of the defendants that
the witnesses be segregated and excluded.

6. That his honor erred in his charge de
fining “malice.”

7. That his honor erred in his charge in
reference to circumstantial evidence.

8. That his honor erred in charging the
jury that in the findings of fact the jury was
“higher than the Supreme Court.”

9. That his honor erred in charging in ref-
erence to the testimony of an accomplice.

10. That his honor erred in refusing the
motion of the defendants for a new trial
“upon the grounds stated in the record and
upon the further ground that the State failed
to prove the venue in this case.”

11. “That his honor erred in charging the
jury that if two persons go out to steal a
watch or money together, that they are jointly
guilty of murder which ensues, thereby charg-
ing the jury of this ease and stating in this
portion of the charge that that is ubout all
the law there is to murder in this case.”

{1} I. The statement in the transcript of
record shows this: “It is admitted that the
attorneys representing the defendants were
permitted to see the defendants in jail, seeing

€=For other cases see same topic and KEY-NUMLER in all Key-Numbered Digests and Indexes

Bo ' ' §TATE v. JOHNSON 8.C. 827
152 S.E,

each of the defendants separately, but as
often as was desired and for any length of
time desired.”

We know of no authority, and counsel have
‘cited none, sustaining the contention that de-
fendants jointly indicted for any crime have
the right to a joint consultation with their
attorneys. The statement quoted above dis-
closes that they were accorded all the rights
to which they were entitled.

(2] II. The statement referred to shows
this: “The defendants were brought into
Court handcuffed ; during their trial, they sat
with their counsel, without handcuffs,
shackles, or in anywise manacled; they were
earried from the jail to the court room and
from the court room back to jail handcuffed,
the handcuffs fastened to a chain.”

Under the circumstances no criticism can
be directed against the officers for their treat-
ment of the defendants.

III. This objection is met by the decision
of this court in State v. Platt, 154 8S. ©. 1,
151 S. E. 206.

(3] IV. Motions for continuances are ad-
dressed to the discretion of the presiding
judge, and his disposition of such a motion
will not be disturbed in the absence of evi-
dence of an abuse of that discretion which
does not appear in the case at bar.

[4] V. It appears that the witness Green
was accompanying the deceased in the auto-
mobile at the time he was shot; he was a very
material witness and his presence during the
examination of witnesses, in aid of the solici-
tor, was apparent; the presiding judge, we
think, wisely exercised his discretion in allow-
ing him to remain.

[5] VI. His honor charged the jury upon
the subject of malice: “Now malice, you see,
is the basis of murder, and it must be in the
heart of the person inflicting the fatal blow
at the time the blow was inflicted, the com-
pelling force behind the infliction of the blow.
The law has not fixed any arbitrary time that
malice must be present.” No possible objec:
tion can be made to this statement.

{6] VII. His honor’s charge upon circum-
stantial evidence was entirely unobjection-
able, if indeed the defendants, admitting the
offense, had the right to ask it. The charge
was full and clear as will be seen from this
extract: “Crime may be proven by circum-
stantial evidence as well as by direct testi-
mony of eye-witnesses, but the facts and cir-
cumstances -relied on to show guilt must be
proven to show guilt beyond a reasonable
doubt; they must be consistent with each oth-
er, and the guilt of the person accused, and
inconsistent with any reasonable theory of
the innocence of the accused, and must satis-
fy the jury of the guilt of the accused beyond
a reasonable doubt. Iyvery possible supposi-

tion by which the facts and circumstances
may be explained consistent with the inno-
cence of the accused must be carefully ex-
amined by you, and if upon such examina-
tion a reasonable doubt as to the guilt of the
accused remains in your minds, you can’t
render a verdict of guilty as long as that
doubt remains. The principle of justice re-
quires that the amount of certainty of proof
in all cases must be full of assurance to a
moral certainty, and the narrower the crime
the plainer and better ought to be the proof
of the case.”

(7] VIII. As a matter of course, the prov-
ince of the jury in the solution of issues of
fact in a law case is exclusive of all tribunals,
circuit or supreme, except in the matter of
new trials,

[8] IX. The assignment of error cannot be
sustained for two reasons: 1. There was
abundant evidence of corroboration of the
testimony of the accomplice witness. 2. It
was within the province of the jury to be-
lieve his testimony and to convict even in the
absence of corroboration. State vy. Brown, 3
Strob. 508; State y. Scott, 15 S. C. 434; State
v. Green, 48 S. C. 136, 26 S. EB. 234; State v.
Kennedy, 85 S. C. 146, 67 S. E. 152; State v.
Sowell, 85 S. C. 278, 67 S. E. 316.

(9] X. Exception 10 is violative of rule 4, 3
6, in two particulars: It does not contain with-
initselfa complete assignment of error; on
the contrary it purports to contain two distinct
grounds of error; and, further, it contains a
reference simply to the grounds of a motion
for a new trial previously made, Aside from
this objection, in view of the seriousness of
the charge, we have considered both grounds;
the grounds of motion for new trial have been
practically disposed of in the foregoing dis-
cussion; there was sufficient evidence of the
location of the crime to have satisfied the
rule requiring proof of the venue.

{10] XI. The portion of his honor'’s charge,
which apparently is the basis of this excep-
tion, was as follows: “And further, if ‘A’ and
‘B’ set out on an unlawful enterprise, such
as the commission of a felony, and in their
efforts to further their design and complete
their design, complete their enterprise, of
committing the felony, they take the life
without fault on the part of the deceased,
then in that case the law says it is murder.
As if you were riding down the highway
tomorrow in your car, or on your horse, or
walking, and a person should approach you
with the preconceived idea and purpose of
robbing you of your watch, or of your money,
knowing at the time that they were enter-
ing upon the commission of a felony, an un-
lawful act, even though they didn’t intend
primarily to take your life at the time they
attempted to rob, if during the process of
putting their unlawful purpose into practica

A Ee AL ERS Ege Nar ae eS

COLSON, Charles, and F3ASTER, John

Charles Colson and John Feaster, blacks, both
hanged at Yorkville, S. C., for murder on
6-7-1889.

undated 1890 Chicago TRIBUNE sent by Massey &
containing 1889 execution lists.

NAME PLACE - AT. OR. COUNTY DOE & MEANS
John Cooper SG Sp Charleston)
. . . 0-27-1926
ate OR AGE A RACH Tack QCCUPATION é SESIGEne” GEN
RECORD
AM te we .
A ‘ ’ r
SUIME DATE OTHER a seas ni :
furd D2 ‘S \ °
jurder 5223-1926 ,
VICTIM Le RACE METHOD

MOTIVE

SYNOPSIS

eeecrime about AM on 8-23 in store of Spiro Constan on the Meeting Street Road between the 4 &
B mile poStSese. wo whive men and a negro dead, constan and Lijanh senton, the nervy ey ip it
store and Louis Smith, Constan s clerk, dying at Roper Hospital at h:0 PM, Both white men were
fearfully beaten around head, Constan withahamrer-and-Smithwith 2 piece of tron. senton
was shot in face and right shoulder.,..At first it appeared that Constan and Senton had killed

= ree oer 3 : nt ard ae 4 + wet pa ; co
ecaerr ether—pnt +4 de veoiped peat Smith syayind 34 the store and was Missint and asearch institue

s
1 a hole by the railroad

ted for him. Several hours elapsed before he was found unconscious in
tracks about—150- yards from _sisre, Died without revaining consciousness, <A county traffic offi-
cer drove by store at 1:30 that AM and saw Benton sittine in door, Constan's body near door
which could only be partially opened because of it, Benton's body a few feet away. Constan
died with all of his clothes on, indicating he had not gone to bed while Smith was in undercloth
and it was believed he was in bed when trouble started, A pistol which had been fired several
times by Constan was taken by coroner as well as a pistol found in Zenton s hip pocket,

a hammer with clotted hair and blood, and a piece of iron which which Smith had deen beaten.
Benton had been released from penitentiary a year previously after Tavimne served a sentence
for slaying another negro, Benton had been working at a baking powder plant near Constan s
stores CHART STONES AND COUT EE ay tr 4926

fay 25, 1926 (Nothing new) Smith was Q2eyears-old, |

Charees_of murder _lodaed against Cooner_and he was being sought, Cooper described as being
35-to-0 years old, 5 feet, six inches, 150 pounds and ginger cake in color, sleeping Looking
with a slight scar on cheek, NES AND COURIER 5-26-

Confessed, naming iddie “ashington as accomplice, Cooper arrested shortly before midnight on
night of May 29, Said Benton had killed Constan and Smith shot Benton, Said he and Washington
beat Smith to death. ‘as half-starved when caught. Cooper said arguemtn between Constan and
senton who was making a purchase started fighting. He said Benton attecked Constan and that
Smith emerged from sleeping quarters armed with pistot-and-shot senton and—then—ran from stores
Said he and Washington followed and overtook and killed, ‘lashington had previously been taken

‘ in 4 a + ~ fol ‘ if 5 N = ry "
into-custody—as-a suspects _cesper arrested atsecond_and Heetinge treet s, Charleston,

Cooper's hat had been left behind in store, N5’S AND COURIER 5-30-1926

Coroner's jury blamed John Cooper, Andrew Watkins and Eddie ‘ashington, Charged Constans came
to death at hands of Benson with Cooper, ‘Jatkins and Washington as accomplices; Benson died at
hands of Smith, Cooper was only one of the accused heard, in confession, Cooper said ficht
bevan as result of quarrel between 3enson and BM RK X ARAMA XAK EEOC AAR Constan, Jenson
attacked Constan with a hammer which had been concealed up sleeve, Constan screamed at first
blow, arousing Smith. Smith rushed in front, firing twice and hitting Benson, Then went into
the back room followed by the negroes, Benson, Still tiving, fired at Smith but missed.—t he
others overpowered Smith and began beating. Smith managed to escape, sent out of front door
and aACrOSS road. Overtaken and beaten with rattroad-iron,—cooner_eleiming he did—bludgeoning
while Watkins and Washington held, ‘Washington had been arrested on suspicion because he had
previously had trouble with Constan, vatkins had beenarested because pistol used by Benson
TAC and found in his possession was owned by him, Neo AND COURIFR June ?, 1926

APPEALS

LAST WORDS

EXECUTION

SOURCE

FRANK NEWTON GFFICE SUPPLY=OOTHAN

CAESAR, Slave, executed at Ashley Ferry, Dorchester Co., S. Ce, May 10, 1774,

Fhree other slaves executed at about same time,

Charleston, SC, May 23, 177-0On Tuesday last week, was tried convicted and executed
at Ashley Ferry, that notorious offender, Caesar, a negro man slave, the property

of Mr, David Drose of Mr, Daniel Drose of Dorchester, who, with sundry other negroes,
as their captain or chief, went from a camp of rumaway slaves at Beach Hill on or
about the 22nd of June last year with horses, fire arms, cutlasses and other dan-
gZerous weapons with intent to, and in the night did, break open the dwelling and
stores of the Honorable John Drayton, Eso.; at Drayton Hall, and stole and aafried
away from thence candles, sugar, rum, bacon, soap, wine, a blae of cloth and sundry
other articles to a very great amount, his property, which goods Caesar and they
carried to the camp at Beach Hill, and there divided the spoil, This fellow, while
the others were taking the goods, stood sentry with a gun loaded with small shot at
the dwelling house; and in that case it appeared that if Mr, Drayton or any other
person, had appeared or offered to molest the thieves, they were to have been shot;
providentially this horrid intention was not perpetrated,

"There were seven negroes in and belong to this camp, four of whom have been execu-
thd at different times for the above facts; one was admitted in evidence; one tried
and confemened, but recommended to mercy by the magistrates and freeholders, only,
and who interceded with his Honour the Lietutenant Governor without any hint or
iterposition of the owners; another is yet out in the woods, of the name of Andrew,
and is said to be some times at a camp called Back Swamp, on Savannah River, about 3
miles on this sider of Mr. Galphin's at Silver Bluff, Ceasar said that a slave

named Sam, Mr, McPherson's property, harbours theres also another slave named Sancho
belonging to Mr, Liddle or Ponpon, and that another fellown named Isaac, alias Neger,
the property of Mr, Stuart of Dorchester, was with them; also that (?), once Mr,
Nightingale's, now supposed to belong to Mr, Johnson, was in the same cappe.

"Caesar had a ticket to pass anywhere unmolested, with Mr, Drose's name forged to it,
and WK&M now in his custody. Caesar said it was writ en by one of the half@breed
peoplesinamed Josiah Reed, alias, Scott. He also said that he himself had stolen
many horses, and that the noted Tilly, a horse theif, harboured about the same camp
to the southward, He confessed the fact for which he suffered, and he likewise
confessed being one of those who robbed and shared the plunder when Mrs, Pender

was so cruelly beat, abused and robbed in April last, He accused two other negroes,
of being concerned in robbing Mrs, Pen'‘er, as well as Andrew now out in the woods;
All possible means will be taken to investigate the truth of the discovery.

"This was one of the most daring gangs of ellows that ever infested the province,

and by the spirited behaviouf of the prosecutor and some other country gentlemen,
offering a handsome reward withal for the apprehending the said Caesar, he was brough
to justice to Ashley Ferry, Caesar cost Mr, Drose full 520 lb, but had he not been
go notorious a rogue, yeéS as the resolution made in the Commons House Assembly of
this Province dated 23rd March, 177), expressly mentions these words 'for Felony,
Murder or any other crime to be hereafter committed,' the Magistrates and Freeholders
had it not in their power ta do more than give a certificate for Fifty pounds Procla-
‘mation Money." SOUTH CAROLINA AND AMERICAN GENERAL GAZETTE, Charleston, SC, May

6-13-177L (2:3&h).

ee a

BUTLER, John Atlanta Constitution 2|121948 3:2

John Butler, black, hanged at Orangeburg, So,
Caro., on February {4, 1898, for murder.

Undated 1899 Chicago TRIBUNE, sent by Massey &
containing 1898 execution listings.

‘Coptiller. Oneday Mr summer of 197 two officers came to his
hese to arrest him on 4 disorderly conduct nig Barvicaded him-
cele in house and started Shooting. Policeman J.D. Wolfe wes killed

and another Wounded . Captured th Georgia $ ome daxs afterward.

Vy WRIGHT, John MMlunta Constitution 12/047 3:5

Black, hanged Darlington, SC, for murder on Dec,

18, 1897.

1898 undated Chicago TRIBUNE, sent by Dr. Massey
and containing 1897 execution listings.

Killed a white eran mamed Charles Bird. Wo other details.

{

904 S.C.

Raymond Fuller had just been tried'for the
third time, found guilty and sentenced to
the electric chair and stated that the trial
of appellant following this case would be
Prejudicial. Also relied on in support of
the motion were articles appearing in the
Spartanburg papers and it was stated that
the same facts contained in these stories had
also been given over the radio. The news-
Paper articles referred to are not incor-
porated in the record. They were carefully
examined by the trial Judge who concluded
that there was nothing inflammatory or
prejudicial therein. He also found no prej-
udice in the fact that Fuller had just been
tried. It is well settled that motions of this
kind are addressed to the sound discretion
of the trial Judge. We find no abuse of dis-
cretion. State v. Gantt, 223 S.C, 431, 76
S.E.2d 674; State vy. Fuller, 227 S.C. 138,
87 S.E.2d 287; State v. Fuller (second ap-
peal), S.C., 93 S.E.2d 463,

[3] It is next contended that the Court
erred in refusing a motion for a mistrial
upon the ground that appellant was highly
Prejudiced by the fact that the name of
Raymond Fuller was mentioned during the
trial. In the cross examination by the
solicitor of a former employer of appellant,
the following appears:

“Q. Raymond Fuller worked all
right—I mean Harold Byrd worked all
right, didn’t he? |

“A. Yes, he worked all right.”

It is argued that one of appellant's de-
fenses was mental deficiency, a defense that
had just been rejected by the jury in the
Fuller case, and that the mere mention of
the name of Raymond Fuller was highly
Prejudicial. It secms to be conceded that
one of the jurors who sat on the Fuller
case was also on the jury trying’ appellant,
We think the motion for a mistrial was
Properly refused. It is difficult to perccive
how any prejudice resulted. It is obvious
that the reference by the solicitor to Ray-
mond Fuller was a mere inadvertence which
was instantly corrected and, in fact, the

93 SOUTH EASTERN ‘REPORTER, 2d SERIES

incident was not mentioned until the con-
clusion of the testimony when counsel for
appellant made a motion for a mistrial.

[4] There is clearly no merit in the ex-
ceptions that the Court erred in permitting
the State to introduce in evidence the ice
pick, the cord which the State claims was
used to tie the feet of the deceased and the
handle of the ice pick. Likewise untenable
is the contention that the Court erred in
permitting the State to offer evidence re-
lating to the wounds inflicted upon deceased,

[5] Error is assigned in the exclusion
of a report made by Private Optowsky to
the Mental Hygiene Clinic Service at Fort
Jackson. It js -contended that Private
Optowsky was not’ available as ‘a -witness
and that this report constituted an official
army record which should have been admit-
ted under the rules relating to entries in the
regular course of business. This report was
identified by the psychiatrist heretofore
mentioned who was on the staff of the Men-
tal Hygiene Clinic. He testified: “I can
say this. That (report) is not the overall
picture. That was just a part. All this man
(Private Optowsky) did was to get a good
social history.” The. report purports to
contain appellant’s family and social history
as related by him and the observations made
by Private Optowsky as to his appearance
and demeanor during the examination, We
necd not enter into any extended discussion
of the exception to the hearsay rule relating
to official records, It is sufficient to say
that this report, consisting of self-serving
declarations made by appellant and conclu-
sions reached by Private. Optowsky, who
was not shown to be a psychiatrist or other
expert qualified to express an opinion as to
appellant’s mental condition, -was clearly in-
admissible and Properly excluded. -Cp. San-
del v. State, 126 S.C. 1,119 S.E..776; Stack
v. Prudential Insurance Company of Amer-
ica, 173 S.C. 81, 174 S.E. 911,

[6,7] It is next contended that the trial
Judge should have submitted to the jury the
defense of insanity but we find no evidence

"Se 9 aaNet tas MUNI ERS sal

CITES ES OOX v. TANNER! 405 20U~
Cite as 93 8.

that appellant was unable to distinguish’ be-

tween right and wrong in regard to the act

of which he was accused. The testimony is

uncontradicted that he was sane and had
the capacity to distinguish between right and
wrong. This is shown not only by the tes-
timony of the psychiatrists but is borne out
by the actions and conduct of appellant be-
fore and after the commission of the offense.
It is true there is evidence of subnormal
mentality but this “is not a defense to crime
unless the accused is by reason thereof un-
able to distinguish between right and wrong
with respect to the particular act in ques-
tion.” State v. Gardner, 219 S.C..97, 64 S.E.
2d 130, 135. In Holloway. v. United States,
80 U.S.App.D.C. 3, 148 F.2d 665, 667, the
Court said: “For the. purposes of convic-
tion there is no twilight zone between ab-
normality and insanity. An offender is
wholly sane or. wholly insane.” ° We: held
in State v. Fuller, supra}i'S.C., 93 S.E.2d
463, that under testimony strikingly similar
to that presented in the instant case, the

Court did not err in, failing to charge the

jury on the question of, criminal responsi-
bility. Also, see State v. Chasteen, 228 S.C,
88, 88 S.E.2d 880. On the trial of the case
counsel evidently regarded the evidence as
insufficient to raise the question of insanity,
because they made no, request that the trial
Judge charge on this issue. }

[8] It is argued that there is testimony
that appellant was “unable to adhere to the
right” and for that reason was discharged
from the service. But the defense of ir-
resistible impulse is not, recognized in this
State. State v. Gilstrap, 205 S.C, 412, 32
S.E.2d 163.

Finally, we are asked to modify the “right
and wrong” test long followed in this State.
We have just recently refused to do so in
State v. Fuller, supra.)

‘ [9,10] ‘In accordance with the well es-
tablished practice, we have, in’ favorem
vitae, carefully examined the record for any
errors: prejudicial to’the rights of the ac-

93 S.E.2d—57%4

8.0. * 905.

E.2d 905

cused, even though not made a ground of
appeal. We find none. The only verdict
reasonably warranted by the facts is that of
murder. It was the sole prerogative of the
jury to recommend mercy and thereby re-
duce the punishment to life imprisonment.
This they declined to do. There is no legal
basis for disturbing the verdict and sentence
imposed. fy Shes

Appellant has been’ ably represented by
counsel appointed by the Court. They have
discharged their duties with commendable
fidelity and zeal. Their services are ac-
knowledged with appreciation,

Affirmed.

STUKES, C. J., and TAYLOR, LEGGE
and MOSS, JJ., concur. aie M's

Allce COX and Onah Cox, Respondents,
v.
Vernon TANNER, Appellant.
No. 17184.

Supreme Court of South Carolina.
July 11, 1956.

PE)

‘
mt

‘Action instituted by heirs of deceased
widow for a determination that such heirs
owned an undivided one-half interest in a
certain tract of land. The Common Pleas
Court, Spartanburg County, Bruce Little-
john, J., entered order determining that
defendant was owner in fee simple and
heirs appealed. The Supreme Court held
that evidence showed that where grantor
first executed a deed to tract to deecased
husband alone and subscquently gave a
deed, denominated as corrective, to the hus-
band and his wife, and both such grantees

902 S.C.

9. Criminal Law ¢>1071

On appeal from judgment sentencing
one convicted of murder. to death, Supreme
Court will carefully examine record for any
error prejudicial to his rights, though not
made ground of appeal.

10. Homicide =250

Evidence warranted conviction of mur-
der.
ne nee

Horace L. Bomar, James B. Stephen, Roy
Smith, Spartanburg, for appellant.

J. Allen Lambright, Spartanburg, for re
spondent. .

OXNER, Justice.

Upon an indictment charging him with
the murder of Curtis Ross on January 22,
1955, appellant, a Negro about 23 years of
age, was tried at the June, 1955, term of the
Court of General Sessions of Spartanburg
County, found guilty and sentenced to death
by electrocution.

About 7:00 p. m. on Saturday, January 22,
1955, deceased, a Negro taxi driver, went to
a home in a rural section of Spartanburg
County seeking help. His clothes were wet
and muddy and there was an ice pick pro-
truding from the right side of his neck. He
was taken into the home and later removed
to a hospital in Spartanburg where he was
found to be in a mild state of shock with
multiple stab wounds in the chest, neck,
forearm and back, At midnight an extend-
ed operation was performed and the patient
died around 6:00 p. m. on January 23rd.

About 11:00 p. m. on January 22nd, an-
other taxi driver, who had heard of the as-
sault, observed appellant at a filling station

‘in a taxi which he recognized as that of the

deceased. Appellant became suspicious of
this driver and attempted to escape but be-
fore he could do so, the taxi driver snatched
the keys from the deceased’s taxi and appel-
lant ran. The officers, who had been noti-
fied of this incident, then sought to find ap-

93 SOUTH EASTERN REPORTER, 2d SERIES

pellant. He was taken into custody at his

grandmother’s home near Pauline, in Spar--

tanburg County, about 7:00 p. m. the next
day and brought to the county jail. Accord-
ing to the testimony of the sheriff and sev-
eral other officers, he there made a free and
voluntary verbal confession, which was in
substance as follows:

On Saturday morning, January 22nd, ap-
pellant, who had been out of employment
for some time and owed $60 for house rent,
decided to obtain some money by robbing a
taxi driver. He left his home and went to
the business section of Spartanburg for that
purpose, but “his nerve began to fail him”
and as a result, he went to a pool room and
later to a movie. During the afternoon he
decided to carry out his plans. He hailed
the deceased’s taxi, got in the front seat,
and requested that he be taken to East Spar-
tanburg to see a girl friend. A little later,
becoming convinced that deceased was sus-
Picious, he stabbed him in the chest several
times with an ice pick, which he had in his
pocket. A scuffle ensued and the taxi stop-
ped. Appellant then took what money he
could find, tied deceased’s feet with a wire
and his wrists with a belt, and put him in
the back of the car. ' '

After traveling around in the taxi for
some time, appellant stopped. and again
stabbed the deceased several times with the
ice pick. During this assault, the handle
came off and was thrown on the side of the
road. Appellant then drove to a bridge and
threw the deceased over the railing into the
river. After this, he went to his grand-
mother’s house where he changed clothes.
He then proceeded to his home in Spartan-
burg and on the way, deciding he had han-
dled a flashlight in the car without gloves,
threw it away. When he arrived home he
told his wife to get ready and he would take
her to her parents’ home at Cowpens.
While she was doing so, he bought some
whiskey, stating that he had not previously
consumed any. They remained in Cowpens
only a short time and went back to his
grandmother’s house where he left his wife

inc nara asiieee:

Pad

Lo L STATE BYRD AN (CGls 72 L998
Cite as 93 S.E.2d 900

and drove to’a filling station to get some oil.
While there he became suspicious of a Ne-
gro taxi driver who came to the station and
went inside. He then tried to get away but
the taxi driver took his keys and he ran. He
finally got a friend to take him back to his
grandmother’s house where he slept Satur-
day night. The next morning an officer
tried to find him there but he escaped. Later
a friend prevailed upon him to surrender
and he was taken by a former deputy sheriff
to the county jail.

The sheriff testified that the next day he

took appellant to the various places’ men- |

tioned in the confession. He found evi-
dence of scuffling on the wet ground and
several pennies and a comb at the place
where appellant stated he first assaulted the

-deceased. The handle of the ice pick was .

found at the point where he said he threw
it away. At the home of the grandmother,
the sheriff found the muddy trousers which
appellant said he had left there. In addition

to the foregoing, there were numerous other .

circumstances corroborating the confession.

Appellant did not take the stand. The
only testimony offered by him related to a
claim of subnormal mentality. Two former
employers testified that appellant was a hard
worker but did little talking and had some
difficulty in remembering instructions from
one day to the next. When asked about his
mental capacity, one of them testified, “he
could work and know what to do but as a
man, I never did figure he had a man’s mind,
more of a boy like, you know.” Appellant’s
mother died shortly after he was born and
he was reared by his grandmother. She said
that he reached the seventh grade in school
but had to repeat two grades; that when
a baby he suffered from “spasms” and
as a boy tried to “show off” and “try his
strength” by hitting the wall and throwing
the furniture around,

The only other testimony relating to his
mental condition was that of a Spartanburg
County physician who, while in the service,
was for a time a psychiatrist at Fort Jack-
son. He said appellant was sent to the

Mental Hygiene Clinic in December, 1952

‘because of irresponsibility and “chronic

awollism”, given a test which disclosed that
he had a mental age of eight years and three
months, and subsequently discharged from
the service. He further stated that he ex-
amined appellant just prior to the trial and

‘was still of the opinion that he was suffering

from a primary mental deficiency. On
cross-examination he testified: ’

“Q. Doctor, you wouldn’t by any
Means say that this boy is insane,
would you? A. He is not insane.

“Q. And he certainly has a capacity °
to tell right from wrong, doesn’t he?
A. He has the capacity to tell right ‘
from wrong, but in my determination,
and in our determination, he was unable
to adhere to the right, and that’s the
reason why he was discharged from the
service. That’s the prime reason of it.”

66 * * * * *

“Q. The fact that his years of ex-
perience and association with people,
’ and making a living and. marrying,
" wouldn’t—that would certainly add to
his ability to tell right from wrong as
against an eight or nine year old child,
wouldn’t it? A. It would add, but toa
minute degree.

“Q. Anyway, there is no question but
what he can tell right from wrong?
A. That’s true.” g

In reply to the foregoing, a psychiatrist
from the South Carolina State Hospital
where appellant, by order of the Court, had
been sent in February for a thirty day peri-
od of observation, testified that appellant
was found to be sane and fully capable of
distinguishing between right and wrong.

[1,2] The first exception is that the
Court erred in refusing a motion for change
of venue or, in the alternative, for a con-
tinuance beyond the term upon the ground
that appellant could not obtain a fair and
impartial trial in Spartanburg County. No
affidavits were offered. Counsel argued that

CHRISTIAN, Antonio

"Charleston, S. Ce, April 3 (Friday), 1767 = Antonio
Christian, found guilty of murder, received sentence of
death, and accordingly hanged on Tuesday last (March 31,)"
SOUTHCAROLINA AND AMERICAN GENERAL GAZETTE, C,arleston,
South Carolina, April 3, 1767 (2:h.) |

r C Gazette B Country Journal 4-7-67 Says
he was a Spathard ‘and that his viction was one
Mr. Broghton.

et tai ti Bealen a3 4

)
»

ggg_—Cé«S.C.

As usual in cases of this kind, we have,
in favorem vitae, carefully examined the
record for any errors affecting the substan-
tial rights of the accused, even though not
made a ground of appeal. We find none.

We think it is appropriate to state that
appellant did not employ counsel, The
Court appointed two capable and experi-

88 SOUTH EASTERN REPORTER, 2d SERIES

enced attorneys to represent him, which
they have done with commendable zeal and
ability. Their services are acknowledged
with appreciation,

Affirmed.

BAKER, C. J., and STUKES, TAYLOR
and LEGGE, JJ., concur.

: Lage papebonnsanreyy 8.3. . Om DY ABSALON, Le ea aN ot eee tote art mc

BICKERS ¥, SHENANDOAH VALLEY NATIONAL BANK = V® 889
Cite as 88 §.B.2d 889

197 Va. 145 eek
Christine Melvin BICKERS

v.
SHENANDOAH VALLEY NATIONAL

BANK OF WINCHESTER, |
Executor, etc., et al.

Supreme Court of Appeals of Virginia.
Sept. 14, 1955.

Proceeding upon widow’s bill whereby
she sought, inter alia, to have declared in-
valid an alleged inter vivos trust agreement
which had been executed by her husband.
From a decree of the Corporation Court,
City of Winchester, Elliott Marshall, J.,
which held in effect that the agreement cre-
ated a valid inter vivos trust, the widow
appealed. The Supreme Court of Appeals,
Miller, J., held that the alleged trust agree-
ment, by which life policies had been de-
posited with the trustee and the proceeds
thereof were to be divided into certain
shares, the respective sizes thereof depgend-
ing upon whether widow accepted or re-
nounced provisions of the will, which was
executed the same day as the trust agree-
ment, was, as properly construed, testa-
mentary in character and inoperative.

Reversed and remanded.

Whittle, Eggleston and Buchanan, JJ.,
dissented. :

1. Wills €=778, 80!

Where deceased died testate, his widow
was entitled to renounce provision made
for her in his will, and if she did so re-
nounce, she would be entitled to one-third
the surplus of his personal estate and dower
as allowed by statute. Code 1950, §§ 54-11,
64-13, 64-16, 64-27.

2. Insurance €=585(1)

Insured who reserved right to change
beneficiaries in life policies was, prior to
execution of alleged trust agreement, full
owner of the policies, and the beneficiaries,
whoever they might be, enjoyed mere ex-
pectancy in the policies.

88 S.E.2d—56%4

3. Insurance €=585(1)

Contracts betwcen the insured and the
insurers, as contained in life policies, are
fulfilled upon payment by the insurers of
the proceeds of the policies to the named
beneficiary.

4. Wills €=91

Test for determining whether writing
has effected an inter vivos trust or is tes-
tamentary in character is whether maker in-
tended instrument to have any effect until
after his death, or whether he intended to
transfer some present interest.

5. Wills €=91

Alleged trust agreement by which life
policies were deposited with trustee, and the
proceeds thereof were to be divided into
certain shares, the respective sizes thereof
depending upon whether widow accepted or
renounced provisions of will, which was
executed same day as trust agreement, was,
properly construed, testamentary in char-
acter and inoperative, in that, apart from
fact that agreement was revocable, the
agreement by its language. and terms and
the fact that agreement was dependent up-
on the will for its efficacy, negatived any
intent to pass any interest in praesenti.
Code 1950, §§ 64-11, 64-13, 64-16, 64-27.

6. Wills 91

Repeated use of words “settlor” and
“trustee” in an alleged inter vivos trust
agreement cannot alter maker’s clear in-
tent and make of a testamentary instru-
ment an inter vivos trust.

7. Wills G91

Fact that alleged trust agreement, if
it had been executed with formalities re-
quired of will, would have been capable of
probate along with will, was sufficient to
establish character of the agreement as a
testamentary instrument and ineficacy as
inter vivos agreement, in that instrument
could not be both.

8. Trusts G1

A “revocable inter vivos trust” is one
that is valid and efficacious from its ex-

CHAVIS, Levi G., hanged Barnwell, Barnwell Co., August 2, 1872.
“Letter from Barnwell.
“Execution of Levi G. Chavis.

“Friday, the execution of Levi G. Chavis, who, in a fit of drunkeness, plunged his knife
into the heart of an inoffensive colored man he had never seen before, brought to the village as
usual a large crowd of spectators, estimated between two and three thousand. Although it rained
nearly all the time, this large crowd of men, women and children, stood in it over two hours to
witness the ghastly spectacle. What a strange infatuation! And it is not confined to the
uneducated. I saw men who had ridden twenty and thirty miles to witness it,k and who have been
present at every execution at this place for the last thirty-five years, each time saying, ‘this is the
last hanging I will ever see.’ And, yet, if there was to be one next week all of them would come.

“The condemned man was taken from the jail, clothed in his shroud and carried to the
gallows in a carriage, accompanied by the High Sheriff, Colonel Walker. The gallows had been
erected on the outskirts of the village and no unnecessary delay occurred at the scaffold. The
doomed man mouted with a steady step, addressed a few words, in a low tone, to the vast crowd,
which could be heard only by those near to the gallows. He asked them to take warning by his
sade fate, bid them farewell, said he was about to cross Jordan, where all was peace and joy and
happiness, commended his soul to God in a short prayer, and after another brief petition by the
Rev. Mr. Butler, a colored clergyman, who officiated, was launced into eternity and died without
a struggle. I hear there could be observed a few muscular shrugs, but no struggling. The body
was given to his brothers, who were present, and carried by them to the family grave yard. It is
very curious how very easy it is to convert a criminal into a saint. This man, I am informed, was
perfectly resigned to his fate and to be under the firm conviction that he was about to exchange
the trials and troubles of earth for the peace and joy of heaven. About a year ago, Andrew
Brown, a member opf the Church, was executed here for deliberately shooting down a man in his
horse lot, whose house he had watched all night. And ytet, when he came to be hanged, he
addressed the crowd in a clear, ringing voice and in the exultant tone of a superior, who was
about to perform some heroic act. He is reported to have said at the conclusion of his speech:
‘You hear of people sending their petitions to Governor Scott to pardon them; no petition has
been sent for me, and I don’t want his pardon. I have sent my petition to one higher than
Governor Scott, to Governor Jesus Christ, and he has granted it!’ So, he died a saint. The
strangest part of this thing is that a large majority of the spectators believe this to be a sincere
repentance.”-Daily Courier, Charleston, SC, 8f/ 1872 (1)

Iriday, the execution of Lavi G. Chavis, who, in
@ titof drunkeundss, plunged hia knife into/the
heart of an inotfensive colored man he had never
seen before, brought to the village ax usual a) rg6
crowd of spectatory, ostimated between two lund
thro thousand, Although it rained nearly al ithe
time, this largo crowd of men, women and phil.
dren, stood in it:overtwo bours to Wituéss| the
Shastly spectacly.:' What a strange infatuad lon!
aod it 18 nut contived to the uneducated.—-L jgaw
men who had riddén twenty and thirty milesw to

Jesus Ohrist, and!

Witness it, and who have been present ut eyory

execution at thia| placo for the last peatyjave
Vears, Gach time saying, “this is the lag hangitg
Will 6vur sue.” And yet, if there wasito be] one
next week all of thium would come again: :
Tho condemned! /man was takon from the jail,
clothed in his shroud aud carried to the vallows
In ACArriage, accompaniod by the High sharin!
Colonel Walker. ‘Lhe gallows had been 6rcectowl ou
tho outskirts of the village aud no ULneCEupary
delay occurred at the soatfuld. The doomed man
mounted with & ‘bluacy BLED, addrosyed a| tuw
words, ina low tons, ty the vast crowd, whiuch
could bo heard only by thoso near to the Ballpws.
Ho asked them ty take warning by hig sad fato,
bid them farowoll,'said ho was swbout to cross|Jour-
dan, where all was puace and Joy and bappincos,

| commended bis Burl to God in w short prayer, and

aftor anotber brivf potition by the Key, Mr. Bute
ler, a colored clergyman, who Oficiated, | was
Jaunchod into owrulty aud dicd without a strug.
Rilo. 1 hear thero gould’ be obsorved a few muscu-
lar shrogs, but yo strugyling. bo body] was

Kivoen to his brothers, Who were present, and| oar-

riod by them td) tho family pravo yard. {It \s
very Curious how) very oasy it is tu ;couvprt a
Orimina) into awdjot. This man, I am informed,
Was perfectly resigned to bis tate and to be nder
the Urm conviction! that ho was about tu oxchuyu
the trials and troublous of earth for the/peacd and
Joy of heaven, Aout a yoar ayo, Andrew Brown,

wtmomber of the Church, was crvcuteil here for |
deliberately shooting Gown a map in hig borsp lot, |

Whose Lousy ho bad watchod all night.! An yot,
When he came toi! be hanged, he addresecal thy
crowd in # cloar, ringing vuicu. and in theoxt Itant
tone of asuperioh, Who was about tw Durform
sone heroic act. |Hois reported to have said, at
the conclusion of Nis spoceh: “You hear, of peoplo
Bonding thpir petitions to Governor Boott tu} par-
don them; vo petition has been sunt for 0,
don’t Want bis pation. | bavo sunt my potition
to one higher than Governor scutt, to! Govérpor

! be has granted it.” And gs 3 Ro
dicd & baint, Thd/etrangost part of this tbi K ols,
that a large majority of the epectators bdliove
this to. bo a sinceré ropontance, |

!
b ’

Dried ook tEI— CC
Ce 4 |1817>
$\¢

STATE vy.

sidered together, and they present two propo-!
sitions: First that when a prisoner is indict-|
ed as principal in the first and second degree;
and as an accessory before the fact and there
is a general verdict of guilty, no Judgment |
can be rendered. Second, that when there is |
a good and bad count; and a general verdict
of guilty, no judgment can be given. The,
Same indictment against the same defendant |
may contain counts for several felonies of
the same degree; and it is no ground of ei- |
ther demurrer, or in arrest of judgment. 1}
Chitt. Crim. Law, 252, 253. The reason is |
obvious, because the same plea may be plead. |
“ed to, and the same judgment given on per
the counts. Tf therefore, several felonies of
the same degree be included in the same jn-
dictment, and there is a general verdict, judg-
nent may be given, on any or all of them ae-
cording as they may have been supported by |
the proof. It is supposed that some of the |
counts of the indictment in this case are de-
fective; but this is not the case, they are all |
£00d. The objection, however, is, in reality, |
that some of the eounts are not supported by
the evidence, and hence it is inferred, that
‘the judgment ought to be arrested. This T

have already shown cannot be done. But let |
*73
it be conceded, that one of the counts *is de-

fective, still it cannot avail the prisoner. For
in England, it is well settled, that where

there is a general verdict of guilty, and there
is any good count in the indictment, it will
be referred to that, and Supported. 1 Chitt,
Crim. Law, 249. The reason is, because the
jury on the law and the facts, have found the
prisoner’s guilt: sand enough appearing on
the record to enable the Court to see his
crime, and award its appropriate legal pun-
ishment, there is nothing to prevent the ren-
dition of judgment. In civil cases in Ing-
lind a different rule prevails: there, if there
are good and had counts in a declaration and
a general verdict of damages is rendered, the
judgment will be arrested. Because say the
English judges, the jury may have giyen
damages on the bad as well as the good
counts for aught that appears, and in this
uncertainty no judginent can be given. But
in this State the rule is the same in civil and
criminal cases. If there are good and bad
counts and a general verdict, in legal intend-
ment, it is considered as given on the good
counts. Nenly. Lewis, 2 Bay, 2ot JT Am. Dew,
O10), State ve Poole, 2 Trendw. ADL Whe
Stite ve ley & Rochelle, decided, April
Term, 1809, of the constitutional Court at Co-
wnbia, In the argument it was said, (hit in
ho capital case had this rule been sanctioned,
If this was the case it could not alffeet it, for
fo be a rule it must be uniform in ite opera-
tion, and mist to capital cases, as well
as misdemennac: ‘tt Poole’s case, T find on
looking info the statement of the brief, pre-
ceding Judge Coleock’s opinion, that it Was a
case of lareeny for stealing an axe, Fey's

| Court;

j trial of the accessory:

| if: would have been only prima facie ey

CRANK x74
and Rochelle’s case was one of murder, and
in that case Judge Brevard says, “there was
no necessity for the jury’s saying on which
count they found the verdict; for if any
count, in the indictinent is good, it will sup-
port the verdiet.”

The sixih and last ground in arrest of
judgment was decided in the case of the
State v. Sims, decided at this term: in that
opinion T eoncurred, and I have nothing to
add to the able and conclusive argument giv-
en on this point, in that case.

The first and second grounds for a new
trial, were also considered, and decided in
the same case. Upon the third, it is only
necessary to remark, that the State bad the
right to elect which of the prisoners should
be first tried. This has been the settled prac-
tice for many years, and cannot now be ques-
tioned.

"74

*The fourth ground jn its terms was also
considered, aud decided in Sims’ case; but
in that case the record of conviction of the
slaves was given in evidence, and the parol
evidence of their confessions was received to
show upon what srounds their conviction
took place: In the ease now before us, the
record of the conviction of the slave Jack
was offered by the State and excluded by the
and it is necessary under these cir-
cumstances to cousider the admissibility of
the parol evidence on which the prisoner bas
been convicted.

In general the record of conviction of the
principal shonld be given in evidence on the
1 Chitt. Crim. Law,
272, 273. 2 Hawk. P. C. ch. 29, sec. 36, 37, 88,
and 89. But if the accessory and principal
are tried together, or if the accessory consent
to his trial before that of his principal, or it
the principal die, or is pardoned before trial,
then the conviction of the principal cannot,
of course, be required to be produced, be-
cause none has taken place, and in two of
the cases can never take place. 2 Hawk. P,
C. ch. 29, sec. 41, 45, 1 Chitt. Crim. Law, 272.
In this case, if it was necessary to refer the
convielion to the fitth eount charging him as
an accessory before the fact, I should hold
that the record of the conviction of the prin-
cipal was the best evidence of his guilt, and
ought have been given in evidence: it is true
WMence
OF if, for (he prisoner might have shown tits
principals datrocenese by any Competent
fesftimvony, Tad unfortunately for the pri
oner, he is indicted as Principal in the first
and second deeree, and the evidence too well
warrants the conclusion that he is a priaci-
pal in the sceond. if not in the first deercee,
Under these counts it was competent to prove
by parol that Jacek killed the deceased, either
as the agent or instrument of the prisoner;
or of his own mere motion, and that the pris-
oner was present aiding and abetting him. T
ain very much disposed to say with Judge

M+

fated

vk OY

*66 2 BAILEY'S LAW REPORTS

[Criminal Law €=?878.]

So, if some of the counts be defeative, the
verdict may be referred to such as are properly
framed, if supported by the evidence. Ob.
dict: the point made, but not necessarily aris-
ing in the case.

[Ed. Note.—Cited in State v. Green, 4 Strob.
136, note; State v. Smith, 18 8. C. 161.

For other cases, see Criminal Law, Cent. Dig.
§§ 2098-2101; Dee. Dig. G878.]
{Indictinent and Information €=?84.] ;

It is not necessary in an indictment against
an accessory before the fact, to set out the
conviction of the principal. Vide, State v.
Sims, ante, p. 20. :

[Ed. Note.—Cited in State v. Posey, 4 Strob.
aa State v. Burbage, 51 8. C. 298, 28 S. E.
JO be

For other cases, see Indictinent and Informa-
tion, Cent. Dig. § 227; Dee. Dig. é—>S$4.]

[Jury €=79.)

In organizing a jury for the trial of a pris-
oner, the jurors of the juries numbers one and
two, are to be called in succession, beginning
with the foreman; and it is not until both the
regular juries are exhausted, that the super-
numeraries in the panel annexed to the venire
are to be drawn. Ibid. 8. P.

[Ed. Note—For other cases, see Jury, Cent.
Dig. § 851; Dee. Dig. G19.)

[Jury €131.]

A prisoner is not intitled to examine a
juror upon his voire dire as to bis having form-
ed an opinion of his guilt. Ibid. S. P.

{[Ed. Note—-For other cases, see Jury, Cent.
Dig. § 567; Dee, Dig. isi.)

[Criminal Law €=?622.]

Where prisoners, indicted together, sever in
their defence, the right, to elect which of them
shall be first tried, is in the State.

[Ed. Note—For other cases, see Criminal
Law, Cent. Dig. §§ 1880-1383, 1885, 1386, 1388-
1390; Dee. Dig. @622.]

[Criminal Laie @=2528.]

The record of a Court of Magistrates and
Freeholders of the conviction of a slaye as prin-
cipal in a felony, is admissible in evidence on
the trial of an indictment against a white man
as accessory before the fact. State v. Sims,
ante, p. 29, S. P.

[Ed. Note—For other cases, see Criminal
Law, Cent. Dig. §§ 1002-1010; Dec. Dig.
528.]

[Criminal Law 78.)

On the trial of an indictment against an
accessory, the record of the conviction of the
principal must be produced, unless the prin-
cipal and accessory are tried together, or the
accessory has consented to be tried before the
principal, or the principal has died, or been
pardoned before trial: Vsut if there are counts
charging the accessory with “being present, aid-
ing and abetting,” the guilt of the principal
may be proved by parol testimony, although he
may have been aetunlly convicted.

[ld. Note.—Tor other cases, see Oriminal
Law, Cent. Dig. §§ 99, 100; Dee. Dig. &>78.]

[Homicide O=280.]

Ifa slave kill his master, whilst the litter
is correcting him, it is murder at common flaw;
and those present aiding and abetting, are guilty
of the same olfenee. They would even be
guilty as principals in the first degree, though
the actual perpetrator himself were guilty of
no crime, if they made usc of him as the in-
gtrument to effect their own deliberate purpose
of destroying the deceased,

{id, Note—Lor other cases, see Homicide,
Cent. Dig. §§ 48-51; Dee. Dig. G230.|

[Criminal Law 2517.)
Confessions extorted by hope or fear cannot
be given in evidence on the trial of the prisoner:
But confessions of guilt, or a false denial of all
*§7
*knowledge of the perpetrators of the crime,
made under representations of the infamy which
would attend the coucealment of such knowl-
edge; and confessions voluntarily made, in great
agitation, and under great excitement, but with-
out threats, promises or concealment, of the
consequences, are admissible. So, if confes-
sions lend to the knowledge of a distinct fact,
from which guilt may be inferred, and the ex-
istence of that fact can be established by other
evidence, its having been confessed by the pris-
oner is ndmissible, although the residue of his
confession must be excluded as having been im-
properly obtained.
[Id. Note.--Cited in State v. Middleton, 69 S.
C. 73, 48 S, EL 385.
For other cases, see Criminal Law, Cent. Dig.
§ 1146; Dec. Dig. 517.)

[Criminal Law C361.)

Where a prisoner indicted for murder has
produced evidence of declarations by the de-
ceased, that he would destroy himself, with a
view to raise the presumption that the deceased
came to his death by suicide, it is competent for
the State to give in evidence, the reasons as-
signed by the deceased for his declaration.

{[Ed. Note.—For other cases, see Criminal
Law, Cent. Dig. §§ 802, 803; Dee. Dig. G
361.]

[Homicide €=142.]

[An indictment for giving “one mortal
bruise” will be supported by evidence of any
deadly wound or bruise.]

[Ed. Note.—For other cases, see Homicide,
Cent. Dig. § 258; Dec. Dig. G>142.]

Tried before Mr. Justice Gantt, at Chester,
Fall Term, 1830.

This was an indictment for the murder of
Stephen Crank, the father of the defendani.
The indictment contained five counts: The
first cnarged the prisoner with having deait
the deadly blow; the second charged Mary
Crank, the wife of the deceased, as princi-
pal in the first degree, and that Thos. Crank
was present, aiding and abetting; the third,
that Thos. Crank was present aiding and
abetting a negro-man slave named Jack, in
committing the murder; the fourth, aiding
and ubetting a certain person unknown,
the fifth charged Thomas Crank as accessory
before the fact to a murder committed by the
slave Jack. Mary and Thos. Crank were
arraigned together, but severed in their de-
fence: and his Honor having ruled that the
State was intitled to elect whieh of them
should be tried first, the state elected Thomas
Crank, and he was put upon his trial.

So much of the evidence, and of the points
of Inw made at the trial, as is necessary to
illustrate the case before the Court of Ap-
peals, will be found in the grounds of appeal,
and in the judgment delivered by the Court
of Appeals. The jury found a gene ral ver-
dict of guilty, and the defendant moved both
in arrest of judgment, and for a new trial,
on the following grounds:

In arrest of judgment, Ist. That the prison-

6é==For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Sah Ct REE RS OIRO LI IE ON

Seep RSE LE:

_ charges

out alleging that Jack was convicted as prin-

* ai NE ia ead aa i BRB

STATE vy. CRANK *70

er is indicted as being present, aiding and
abetting negro man slave Jack, without say-
ing whose slnve he was.

2d. That the nature and extent of the
wound charged to be mortal, is not so de-
scribed in the indictment as to show that
death might or would ensue from it.

*§8

*3d. That the indictment charges the
wound to be inflicted upon the hexd, without
saying what part.

4th. That as the indictment contains
counts charging the prisoner as principal in
the first and second degree, and as accessory
to the slave Jack before the fact, and there.
is a general verdict of guilty, no judgment
can be rendered.

5th. That as some counts in the indictment
are defective, and there is a general finding
of guilty, no judgment can be rendered.

6th. That the last count in the indictment
prisoner as accessory before the
fact to a negro-man slave named Jack, with-

cipal, which is essential in all cases when
the principal is not indicted and tried with
the accessory.

Tor a new trial, 1st. That the Court ruled
that the jurors should be called from juries
No. 1 and 2, and not in the order they stood
upon the venire, a copy of which had been
served upon the prisoner.

2d. That the Court ruled that the prisoner
could not inquire of one of the jurors, when
he came to the book, whether he had made
up his mind upon the guilt or innocence of
the prisoner.

od. That.the prisoners severed in their de-
fence, and elected to try Mary Crank first,
and the Court ruled that the right to elect
belonged to the State, and not to the prisoner.

4th. That the Court permitted the State
to give parol evidence that a negro-man
slave named Jack, the property of Stephen
Crank, deceased, committed the murder as
principal in the first degree, when it is con-
tended the Court had no jurisdiction of that
question.

dth. That the evidence of said slave's guilt +
was only manslaughter at common Jaw, to
which there could be no aiders and abettors,
and the Court should have so charged the
jury, which was not done, although the
specific ground was taken and urged for the
prisoner,

Gih, That the Court received the declara-
tions of the prisoner made to W. Wytie,
When he was assured that unless these dee-
larations were made, an eternal edium would
rest upon himself and family.

7th. That ypon the prisoners giving evi-
denee of the declarations of the deceased,
that he would hang himself, the Court. al-
lowed the reasons he (the deceased) assigned,
to be given in evidence against the prisoner.

*69

*Sth, That the Court allowed the confes-

sions of the prisoner made to the sheriff im- |

2 Battery, Law—3

modiately after bis arrest under ereat excite-
ment and alavin, and under a dechuration by
the sherit? that the Jaw would be fnvorable
to one guilty of the crime he was confessing.

Sth, That there was no evidence of the '

prisoner’s guilt as principal in the first or
second degree, or accessory to the slave Jack
before the fact, under which character he
was indicted, and that the verdict was there-
fore against or without evidence.

These several grounds were elaborately ar-
gued by T, Williams, Jun., and A. W. Thomp-
son for the appeal, and by Peareson, solicitor,
contra: but the full examination in the opin-
ion delivered by the Court, of the principles
and authorities relied on, renders it unneces-
sary to give the arguments of counsel.

O'NEALL, J., delivered the opinion of the
Court.

UC will consider the grounds of the prison-
er’s notions in arrest of judgment, and for a
new trial, in their order.

ist. An indictment, in the language of Lord
Hale, is a plain, brief, and certain narrative
of an offence committed, by any person, and
of those necessary circumstances, that con-
cur to ascertain the fact and its nature. 1

, Chitt. Crim. Law, 168. 2 Hale, P. CG. 169. If

an indictment, on its face, is defective in
any of those respects, it will be a good ground
in arrest of judgment. But if enough ap-
pears in the indictment to inform the prison-
er to what he is to answer, to enable the
jury to pass on his guilt or innocence, and
the Court to pronounce the judgment of the
law, if is generally sufficient. 1 Chitt. Crim.
Law, 169. In the language of the late Judge
Brevard, in the case of the State v. Fley and
Rochelie [2 Brev. 858, 4 Am. Dee. HS8], “a
good legal exception to an indictment in ar-
rest of judgment after verdict, must be for
some defect in the indictment, for want of
suflicient certainty in setting forth either the
person, the time, the place, or the offence.”
“As to the form of an indictment, in a partic-
ular case, if the criminal law is silent, resort
may be had to decisions on the requisites of
pleading in the civil cases.” 1 Chitt. Crim.
Law, 168. The objection here raised applies
to the third and fifth counts of the indict-
ment. Jn the third, he is indicted as present,
aiding and abetting “the aforesaid negro-man
slave named Jack;” in the fifth he is indicted

*70
fhat “the said negro-man slave *named Jack
fhe sald Thomas did stir up, move, abet,

counsel, and procure to do, and commit the
felony and murder aforesaid.” Tt is contend.
ed, that the deseription of the slive, by his
name, is not suflicicntly certain, without siay-
ing whose slave he was. In the description
of persons, other than the prisoner on his
trial, certainty to a common intent is sufli-
clent. 1 Chitt. Crim. Law, 211. 2 Hawk. P.
C. ch. 25, see. 71, 72. Under this rule a per-
son may be described by the name by which

iit 8

he is usually known. 1 Chitt. Grim. Taw. |
215, The slave was described by his only |
name, and the description is surely. certain
to a common intent. It is no objettion to
say, that there are other slaves of the same
name. That applies rather to the proof: it
is an ambiguity not created by the iudict-
ment, but by the evidence, and may be remov-
ed in the same way. There are in every dis-
trict many white men of the same Christian
and surname; but because this is the fact,
it does not follow, that any other description
of one of them than by his usual name, would
be necessary in an indictment. The objection
will not appear in it; for we are not to in-
tend that there is nnother person of the same
name, until it appears to be so either from
the indictment itself, or from the proof. If
it should appear from an indictment that
two persons of the samne name, were in some
way connected with, or concerned in the same
offence, and nothing appeared, by which their
separate identity could be ascertained, it
might be a good exception in arrest of judg-
ment: but if the difficulty arises from the
proof, then the proof must fix the identity.
But it is said that an acquittal in this case
could not have heen pleaded in bar, to an in-
dictment charging him as a principal in the
second degree: or as an aecessory before the
> fact, fo a negro-man slave named Jack, the
property of Stephen Crank. I am satisfied
that it could have been so pleaded. The in-
dietment here shows that he was principal in
the second degree, or as an accessory before
the fact to a negro-man slave named Jack,
who murdered Stephen Crank. The legal of-
fence is the same, and unless it eould be
shown, that fwo persons of that name were
murdered by two negro-man slaves of same
naine, there could be no doubt that it was the
eame erime. If, however. there was anything
in the objection, it comes too late after a ver-
dict. The objection is to the deseription of
the agent, who committed the fact. If this
was uncertain, a demurrer to the indictment,
*74

or a *motion to quash it, was the proper
course. The evidence and verdict have now
rendered that certain which was before sup-
posed to be uncertain: and aecording to a
well settled rule in civil cases, defective de-
ceription of a slave, or ofher chattel, the sub-
ject matter of the suit, is cured by the ver-
diet. Tongue v. Grillin, 2.N. & M.o938: and
as there is nothing in the erimingad baw, con-
trary to if, we may well deduce trom deci-
sions on civil proceedings, a rule to govern
eriminal eases,

od, The objection raised by this ground is
as to the description of the wound or injury
inflicted on the deceased; and from which
his death resulted. In general where a
wound penetrates through the skin, and into
the flesh, it is necessury to «tute its length

and depth. 38 Chitt. Crim. Law. T34. The
renson assigned for this particularity of de-

2 BAILEY'S LAW REPORTS

seription is, that the Court may see from ft,
that it was an adequate cause of death. Th.
But if the wound penetrates through the
body, or a limb is cut off, it is unnecessary to
give any description of the length or depth
of it. Because in the first case, if it pene-
trates through the body, it is of suflicient
depth to prove fatal: and in the second case,
it is impossible to describe the wound by its
length and depth. 8 Chitt. Crim. Law, 754,
735. But a bruise cannot have any ascer-
tained depth, or length; nor would any depth
or length of a bruise make it necessarily ap-
pear to be an adequate cause of death. It
is therefore, always charged in indictments
to be “one mortal bruise.” 3 Chitt. Crim.
Law, 759, 760, 763. In this case it is said,
that the wound, or injury penetrated, through
the skin, fractured and drove in the skull.
This may be so and still it does not viliate
the indietment. For on its face, it charges
according to the established form, an ade-
quate cause of death. If the evidence did not
support the description, the objection would
be to it, and not the indictment. But the ob-
jection could not even in that point of view
avail the prisoner. For the term “mortal” is
indispensably necessary to be used in deserib-
ing the wound or bruise, and when so de-
scribed, an adequate cause of death has been
assigned, which will be supported by evidence
of any deadly wound, or bruise.

3d. This ground applies solely to the first
count in which the prisoner in indicated as
principal in the first degree. The other tour

counts conform to the technical aecuracy
which this ground contemplates. The de-
*72

scription in the first count is, however, *snt-
ficient. It describes the blows as given upon
the head and the mortal bruises as there in-

flicted. This is according to several prec-
edents. See 8 Chitt. Crim. Law, 759, 768.

But without reference to forms, it may be
justified on principles. The object of stating
the part, on which the injury was inflicted, is
to enable the Court to see that if was some
vital part, from the injury of which death
would likely ensue. The hend is supposed by
some to be the temple of life; and wheiher
this supposition be true or faise, it is a most
vitn! part. There is no difference as to the
effect upon life, upon what part of the
hend an injury is: intlicted ; death miny be
the consequence in one, is well as another,
There is no necessity then, to distingulsh
whether the injury is inflicted on the right
or left side, the fore or hind part of the head,
To obviate every possible objection, this tech-
nienl aceuracy is usually observed by the
solicitors: but it is not indispensably nee-
essary to the validity of the indictment.
Where an injury is inflicted on the neck,
breast, stomach, or body, it is sufficient so to
state it, without designating the prart of
either, 3 Chitt. Crim. Law, 736.

The fourth and fifth grounds may be con-

CARNES, Kay rel, daok,
Les uy tence, has

by BILL KELLY gs

CHereter) on 5 a-/7

The sky was blue with only
a few puffs of hovering clouds
hugging the crests of the
North Carolina mountains.
The perky, bespectacled
man, walking his German

' shepherd, stepped behind a
pinnacle of rock to relieve
himself. In the stark silence
of early morning, his eyes
watched for hikers nearby.
He was too shy a man to
want to be caught with an
open fly.

Suddenly, a few feet away, in a stump
hole, his eyes fastened on the nearly-
nude body of a young girl. Her head was
missing, and out of the ragged hole that
once was her neck, a loop of gore pro-
truded, taking on a baked, puffy
luminescence in the sun.

His piercing outcry attracted two
campers, who raced into town in their
Ford runabout to fetch the sheriff. Police
Chief Cross, Sheriff Hanna, Deputy
Shute, and Lieutenant Williams of the
village of Pamplico, all arrived lickity-
split.

The body, a mass of decomposed tis-
sue, had been ravaged by gluttonous
bugs. The victim, Dr. John B. Claussen
guessed, had been decapitated by some
crude tool.

‘*| would think it was a shovel that was
used to decapitate this girl,"’ he said.

At the laboratory in Pamplico, an auto-

wet

Carolina lawmen make plaster

_ cast of footprint found near the

death grave. Print eliminated
one suspect, led to another.

FIENDS WHO

BY SHOVEL! THE CHAIR

BE EE

2 oo Mag oot ‘ © eI

psy revealed the girl was white, about 17,
and had been raped before she was slain.
Death occurred on Sunday night, certain-
ly not later than midnight. Her un-
dergarments had been ripped from her
and were found in a clump of bush-tops.
Other clothing, taken from her crude
grave, was examined, and this is how the
body was identified. The headless body
belonged to Betty Cain, an apprentice
cheerleader at the local high school.

In the dirt road, which twisted along
clumps of scrub growth, was a mud pud-
dle, and there were signs in the soft earth
that indicated a vehicle had bogged there

sometime during Sunday night’s cloud-_

burst.

‘*The rain stopped before nine
o’clock,’” Chief Cross said. *‘It looks
like the killer figured he was stuck there
for sure, so he toted the dead girl out of
the car and dumped her. Then he man-
aged to get the car unstuck, and drove on.
Finally he ditched the car behind the
school, where the kids spotted it this
morning.’’ The other sleuths nodded in
agreement.

“Pll bet my hat,’’ Sheriff Hanna re-
plied, ‘‘that the missing head is some-
where between the grave and the
school.”’

A search party, involving lawmen and
neighbors, was organized.

While the hunt for the missing head
was going on, Lieutenant Williams and
his men conducted a farm-to-farm in-
vestigation, which produced some re-
sults by nightfall. Harvey Allen's father
told the detectives that his son left late
Sunday afternoon and never came back.

**Do you have any idea where the boy
might have gone?’’ Williams asked.

**Sure,’” Mr. Allen answered. He
went to pick up Betty Cain. Said they
were going for a drive. 1 was gonna ride
over to Cain’s place to question her, but
my jalopy wouldn’t start.”’

**We'llssave you the trouble, Mr.
Allen,’’ Williams said bluntly. ‘Betty
Cain has been murdered, and if your boy
comes home, tell him we want to talk to
him.”*

Early the next morning a voluntary
posse formed in the darkness. Several
fires glowed like pockets of red gems,
and a tantilizing odor of hot coffee went
wafting through camp. Strings of hard-
faced men, armed with shotguns and
long-barreled squirrel rifles, stood
around the rings of glowing coals, wait-
ing for Sheriff Hanna.

Soon he arrived with a pack of trained
dogs, brought down from Dillon, and the
search for the killer began. Farmers
armed with heavy sticks waded through
the hip-high thickets, beating down
sticker-bushes. A crop duster from near-

ae ents Me ein “ tr rome

The putrid body of a young

man was the first thing

hauled out of the old well.
The second was a woman’‘s

topcoat with the owner’s

Z Melts. Mia Nitc

by Marion County joined the search
party, skimming the woods at treetop
level. .

Two youngsters were found who said
they had been playing near the play-
ground after dark, when they noticed
Harvey’s car passing. They were unable

head wrapped inside.

Victim’s bloated corpse lies beside

retrieval.

well following
to offer a description of his passenger,
but it was a girl. They knew it was young
Allen because they were impressed by
his brand-new 1953 Plymouth, and they
went into great detail describing the un-

(continued on next page)
33

§ Be

I Aen Nae CE NEN ah ote rt - :

a Jawyer for his tria

transferred~-shortly—after-capture
Saturday, the 38-year-old Negro
told the Associated Press, “I'll take
anything I can get." ,:

- But he.isn't too hopeful about an
Altortiey-""T haven't got: any mon-
sTirlacntcottisiaig tote 45. ta. bi
iPrison. officials found .35 in his
pocksiboak alter hls hiFest” Te-Wwas
part of-about $15":ne admitted
netting from his ‘robbery-killing of
lS-year-old Betty’ Claire Cain of
Pamlico, and: HenryAllen. 22, of
Latta, her escort, «hig. Ne
“*The former convict sald he fatal-
ly: shot :both while: they were in
Allen's car at The Bluff, a popular
parking area overlooking the Pee
Dee river, He later severed Miss

Carolina tragedy
| A!

Rueful-killer-claims. :
panic caused crime *

Nada RRO ti ® dag AF > Ny co RemiIE tM oF ET OR FPR Me eE ed

COLUMBIA, $C.‘ Detr21 TAPy=Ra
fessed slayer of a protty teenager and her boy friend near
Pamlico Dec. 6, eco! statements that he doesn’t want}

In an.interview at. the State Penitentiary, whore he was

Cain's head with a knife “to des-
troy evidence’ of bullets, .

ing, appeared remorseful as he sat
slumped In a prison office chair

during. the. interview, .\1..wish’-J]}

had “thatnight back— again’! he
declared. ‘I'd never RO near The
Bluff,’ * 4 es

The Negro kept repeating that he
meant only to rob the couple. After
watching them=for about 30 min-
utes, Carney said, he went over
to the car_and pointed his pistol
a AL

“I got frightened when he

Fmond Catney, con-|

' Carney, who had difficulty speak-|.

grabbed at me. The girl screamed

. +. and the gun just went off,’

hitting Miss Cain, Carney related.

Carney scuffled with Allen, 5a |
hit him with the pistol -—.J don’t
know how many times,’ he said.

If2 fired three more shots, killffiz.

the youth with‘the last bullet.
Carney buried Miss Cain’s hea.
less body !n an abandoned well

maeew ble emathaa. bee laced n hen ane e oe am

._“FLORENCE, S, C. — (PB)
Escaped convict Raymond Car-

Whose teen-age girl friend was

_ judge, sentenced Carney to ele.

tary in Columbia, S. C., May 7.
There apparently will be no ap.
al. ;

Slayer of Farmer, Girl |

‘Sentenced to Death
hey; 38, was convicted Tuesday
of murdering a: young farmer
beheaded. the same night. He
had confessed both killings,
_ Steve C. Griffith, state circuit

trocution at the state peniten-

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all we have to go on. ‘Vhrowing out drage
nets won't get killers like the two men
who shot Belue.”

“Okay,” the sheriff said. “Follow your
hunch and good luck to you.”

Becknell and Henry left headquarters.
Their departure wasn’t even noticed.
Other police were too busy trying to keep
in touch with the different posses to no-

_ tice their going,

While police headquarters and the
community were in the throes of this ex-
citement, Becknell and Henry were in a
Police car headed for the little town of
Gaffney. In Becknell’s pocket was the
barroom check he had found in the small
house occupied by the man of mystery.

“We've got one chance in fifty that
the man we want went to Gaffney,”
Becknell said. “If he is hanging out at
the inn, we might find what we want
there.”

The inn was a combination roadhouse
and beer joint, about three miles out of
Gaffney. There was a dance floor anda
small orchestra, but above this first floor
‘were a number of rooms that were rented
for the night to transients,

Becknell stopped his car in the drive-
way of the inn. He and Henry got out
but they did not go inside, - :

“Tl sneak around at the back,” Beck-
nell explained to Henry. “You go into
the barroom, Your presence will cause
the man we want to sneak out to a room

‘upstairs. Vil be up there to hear what

happens.”

Constable IIenry sauntered to the front
door of the inn, walking casually and
slowly. Becknell darted to the rear of
the inn. It was a two-story structure built
into the side of a hill. The second floor
ae she rear was even with the top of the
nil,

Becknell crawled up this hill. Henry
was at the door of the inn. He was tim-
ing his entrance in order that Becknell
might get to the rear of the inn before
he entered. Moving carefully, Becknell
achieved his goal. He raised a window
and climbed into a dark room.

The blackness was too intense to see
anything. He groped his way along a
wall until he came to a door. Becknell
opened it silently. The hall beyond was
dimly lighted. The officer flattened him-
self against the wall and waited.

From downstairs came the sound of
music and shuffling feet. A number of
voices rose from the barroom. Becknell
wondered if Henry had made his en-
trance yet.

Then he started to slide along the wall.
He got to a small hall closet. He backed
into it and waited.

The sound of footsteps on the stairs
rose above the babble of voices and the
tinny music of the orchestra. Becknell
remained motionless, nerves taut and
muscles tensed for action. The door to
the closet was partly opened,

A man passed, followed by a second.
The first man went into a room. Beck-
nell got one look at his face. It was pale
and haggard; the face of a terrified youth.

The man behind him also entered the
room. Becknell slipped out of the closet.
Ile moved swiftly, his right hand on his
service revolver, He stopped in front of
the door.

“T’ve got to get out of here!” The
voice came through the door shrill and
hysterical.

“Take it easy, kid,” another voice an-
swered. “You haven’t anything to be
afraid of.”

Becknell tried the knob. The door was
locked. Bunching his muscles, he threw
his weight against the barrier, There was
@ crunching and splintering of wood as

the door gave way. Carried from his feeg
by the impetus of his rush, Becknell
sprawled headlong.

In that moment two shadowy figures
burst from the darkened room, hurdled
his body and raced down the hall.

Becknell jumped to his feet and dashed
into the hall. The inn had come to life
with running men and screaming women,
Constable Henry came charging up the
stairs,

“He went out the back way,” Becknell
yelled, and the two officers went lunging
out of the rear door Becknell had entered.

They plunged into the darkness behind
the inn. They did not get far. Chasing
anyone in the enveloping blackness was
useless, They raced around the inn,
jumped in their car and sent it roaring
for Spartanburg.

Becknell did not release his foot
Pressure on the accelerator until the car
roared into the outskirts of Spartanburg,
He cut down a deserted side street. A few
minutes later his car was in front of the
house of mystery he had entered a few,
hours before.

He and Henry jumped out. They
walked up to the house. Tt was dark,
The two officers went around to the side
of the house and concealed themselves
in a clump of bushes.

They settled down to wait. Fifteen
minutes passed. Neither spoke. The eerie
silence of the night was unbroken. An-
other five minutes passed. Then a car
came down the street swiftly and silently,
It stopped in front of the house. A man
jumped out, ran up to the porch.

He opened the front door but was too
excited: to close it. He snapped on the
lights in the living room.

Becknell and Henry walked up to the
porch and, stalked into the house, each

carrying his service revolver in readi-

ness for action,

HE man in the room was bending
Over a suitcase. He turned at the
sound of their footsteps. As he recoge
nized his visitors he gasped. '
“All right, Polson,’ Becknell said
grimly. “We want to talk to you down at
headquarters.” {
Tim Polson, mill hand, was young,
still in his twenties. He was thin of face
and delicate of body. Now his features
were twisted in fear. .

“I...1... didn’t do it,” he gasped.
“T...1... tell you... I didn't kill
Earle—”

“If you didn’t,” Becknell cut in drily,
“you know who did. Get going and walk
ahead of us,”

Fifteen minutes later Becknell, Henry
and Polson walked into police headquare
ters. Their entrance went unnoticed.

A few minutes before word had been
flashed from Covington, Ky., that the
green sedan, with the bumpcr missing,
had been abandoned three miles south of
that city,

Maj. George Pernell, head of the South
Carolina police, was at headquarters, He
was in a telephone conversation with the
Covington police, requesting them to
scour the country for the killers.

Becknell and Henry walked into Chief
Hill’s office. Polson was between them.
Sheriff Miller and the chief were in the
room. They looked up casually.

Sheriff Miller said: “Hello, Becknell,
I was just going to send for you. The
Major wants a man to.. .”

The sheriff stopped talking as he no-
ticed the youth with the two officers,
“Who is that?” he asked. :

“The man who can tell you everything

Briel found his body sprawled across
the bed in a room known for mystic
“hate and love” charins. The voodooist, still
in his great white robe and horn-crested
headdress, had been strangled to death! A
snapshot of the pretty girl, above, was in
his trunk; no one could identify it.

Persistent detective work finally located
the pictured girl. Yet it became obvious she
was a complete stranger to the dead man.
She had never been within miles of the
murder room!

Why did this missing snapshot turn up
in a charm-worker's effects? How did it
prove an essential clue to find a killer among
more than a million people? The astounding
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98.

about the murder of Earle Belue,” Beck-
nell replied. “I am sure he is ready and
willing to talk.”

The officer’ was right. The youth
started before Becknell had finished his
explanation,

“T didn’t do it,” he wailed. “I didn’t
kill Earle. I wasn’t in the car. I wasn’t.”

Chief Hill had jumped to his feet and
Sheriff Miller looked stunned. Word
leaked out of the office that the case was
about to break. Maj. Pernell left the tele-
phone and rushed into the room.

“I told you, Sheriff,” Becknell said,
“that I was playing a hunch. It wasn’t
such a poor hunch at that. From the first
it was obvious that somewhere there was
inside work on this robbery. Bandits
don’t just fall out of the skies to snatch
a payroll. They have to know when that
payroll is coming.

“T went to the mills and used an old
psychological gag. I questioned all the
workmen. I asked each what he was
doing five days before, at a specified time.
Ask yourself that question and you are
going to do something before you an-
swer.

“There was one workman who an-
swered without a moment’s hesitation.
Tle did that because he had been building
up a possible alibi, T figured he was the
man who needed watehing, To went to
his home. J found a barroom check is-
sued by an inn over at Gaffney. I went
over there, figuring our suspect would be
there and if he were, he would be with
somebody who knew about the holdup.
I was right. I sent Henry in ahead of me
and I sneaked in a back door.”

Sheriff Miller nodded grimly and turned
on the youth,

“T...1... Dll tell everything,” he
wailed. “I didn’t have anything to do
with that robbery and murder but I knew
about it. I was approached and threat-
ened by:the men who did it. I was afraid
that the police would come after me so I
was going to make my getaway.”

“Who did it?” Sheriff Miller roared at
the youth.

“A man named Coleman and a man
named Johnson,” he replied. “They were
at the inn. several weeks-ago and wanted
me and Dan Flynn, who lives in Gaffney,
to help them. We refused and they
threatened to frame us for the job, That
is why I was scared.”

“Coleman and Johnson?” Sheriff Miller
interrupted. “Who are they and what are
their first names?” ;

“Ray Coleman and Paul Johnson. They
... they’ll kill me but I got to tell. John-
son lives over at Greenville. Coleman
married Johnson’s sister. They are dan-
gerous men,” “

As Polson talked, Maj. Pernell was
on the telephone calling Greenville. Chief
lIill, accompanied by Detective Lee Alli-
son, ran out of headquarters and jumped
into a car and started for Greenville,
some thirty miles away.

Sheriff Miller and Becknell continued
to question the youth. Constable Henry
went to Gaffney to pick up Flynn, Three
hours of grilling convinced Sheriff Miller
and Becknell that their suspect had noth-
ing to do with the robbery. He had an
alibi that was checked and rechecked.

Flynn was brought to Spartanburg. He
was questioned, but he denied any part
in the holdup. Both he and Polson were
held as material witnesses.

The next morning Chief Hill had re-
turned from Greenville with pictures of
Coleman and Johnson. These pictures
were shown to Adrian Greene. He iden-
tified Coleman as the driver of the mur-
der car. The filling station operator who
traded fifteen gallons of gas for the mur-

der gun identified the two men as occu-
pants of the green’‘sedan,

Polson and Flynn were questioned
again. The police were soon convinced
that they had no part in the murder and
that any information the killers got from
them had been obtained through tricking
the two youths,

Both were released from jail and be-
came an important source of information,
cooperating willingly and actively.

A month passed and no trace of the two
wanted men had been found. Sheriff
Miller had served his term and Sheriff
N. L. Bennett took his office.

February came, In Indianapolis, Ind.,
the police were battling with a series of
auto thefts and petty robberies. They ar-
rested a man who gave his name as
George Fuller. He was taken to head-
quarters and fingerprinted.

One of the Belue posters was in Indian-
apolis headquarters. The police looked
at it and then at Fuller. They saw they
were looking at the Ray Coleman wanted
in Spartanburg!

Coleman was rushed to Spartanburg
and turned over to Sheriff Bennett. Cole-
man, when confronted with the testimony
of Polson and Flynn, broke and confessed
that he and Johnson had tried to rob
Belne and had killed him in the attempt.

Two weeks later, on Feb, 28, 1920, Paul
Johnson was arrested as he walked the
strects of Wilmington, Del. Sheriff Ben-
nett went to Wilmington and took John-
son back to Spartanburg,

Johnson, dark and squattily built, only
looked at the police sullenly when they
tried to quiz him, He refused to answer
any questions,

UT despite Johnson’s taciturnity the

grand jury indicted both men for
murder in the first degree. When their
trial began on April 25, four months after
the crime was committed, the accused
bandits pleaded not guilty before Circuit
quiet M. M. Mann of St. Matthews,

As the trial progressed, the evidence
against the alleged killers began to
mount. Polson and Flynn proved to be
excellent witnesses for the state. Fighting
desperately, each of the defendants took
the stand in his own behalf, trying, to
place the blame for the killing of Lelue
upon the other,

The jury, however, was not to be
swayed by their stories. Only one ballot
was required to find each man guilty of
first degree murder, a verdict carrying a
mandatory death sentence.

Strenuous efforts were made to save
the two men from the chair, without
avail, A year later the final chapter was
written in the coldblooded slaying of
Earle Belue.

Coleman was the first to go. Repudi-
ating his original confession and still in-
sisting upon his innocence, he addressed
the witnesses in the death house: “All I
have to say is that I am innocent before
my God, my baby and my wife.”

Four minutes later he was dead.

Paul Johnson, who had refused to talk
when first interrogated by arresting offi-
cers, found his voice when he was seated
in the death chair. “I want to warn all
of you here that there is danger in sin,”
he announced solemnly, “Sin put me here
today.”

And with that pronouncement he com-
posed himself for the lethal charge which
shortly coursed through his body.

(To shield the identity of persons unczillingly
‘involved in a murder investigation, the names Tim
Polson and Dan Flynn, used in this story, are not
actual, but fictitions.— he Editor.)

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house. I’m sure of that. We'll see what

inspections of the knife and shell tell us.”

Reaching Smith’s office, Winne found
the prosecutor holding a telegram from
the Long Island police.

“I've just made a telephone call to
Long Island,” said the district attorney.
“I’m sure you'll be interested in what I
learned.”

Winne dumped the shell and knife on
the desk, then seated himself.

Smith spoke. “I telephoned a former
neighbor of Francis at the suggestion of
the Long Island police. This fellow told
me Giammarino threatened his step-son
many times during the past year.”

“What about?”

“Well, it seems the young fellow didn’t
want to come up to that farm. Joe made
him. Then Francis didn’t want to stay.
He threatened to pull out many times
during the last five months. Joe needed
someone to work the farm, however, and
his step-son looked like cheap labor. You
can guess the rest. They fought over this.
Finally, Joe did the young fellow in.”

Winne nodded. “I figured it was some-
thing like that.” 4

“How?” ’

“T saw a couple of ugly welts on Joe’s
arms that night in bed. Kind of thought
he’d been in a brawl of some kind.”

Smith eyed the knife and shell. “These
should tell the story,” he said, picking up
the long-bladed instrument and snapping
it open. “Yes, despite the fact that it was
washed, there’s still blood particles
around the hinge. Go get Joe.”

Winne, West and Stevens took Giam-
marino into custody on the night of April
7, 1932, 24 hours after his step-son’s

death. :
Inspecting an elleof the farmhouse,

they found a door shattered by a shotgun
blast.

Then the victim’s step-mother told
what happened.

She said Francis angered his step-
father by saying he was leaving the farm
with his wife the following week. Joe
chased him into the bedroom and Alfred
closed the door. Joe could not get in and
he fired through the door. Some of the
shots hit Alfred in the hand. Enraged,
he came out and took the gun from Joe.

Things apparently quicted down for
awhile, then Joe became angry again. He
picked up Alfred’s knife and chased the
younger man out of the house. Outside
he stabbed him. .

Joe came in, threw the knife on the floor
and threatened his wife, “Don’t tell any-
one or I'll do the same to you.”

But Joseph Giammarino denied the
crime. A coroner’s inquest, conducted by
Dr. Castree, heard the testimony, The
verdict declared that Alfred Francis had
met death at the hands of his step-father.

Giammarino, arraigned before City
Magistrate F. Andrew Hall on Apr. 9,
pleaded not guilty to first degree murder.
He planned a vigorous defense based upon
temporary insanity.

Then on June 14 he pleaded guilty to
a charge of second degree murder. The
state built up a strong case of premedita-
tion. The man had long threatened his
step-son.

Giammarino was sentenced to a term
of from 20 years to life in Clinton prison.
He is still serving his time as this is
written.

(To protect the identity of persons innocently in-
volved in an investigation of murder the names Will
Brown, John Jackson and Ed Fouts as used in this
story are fictitious.—The Editor.)

[Continued from page 61]

Payroll Slaying and the Alibi Trap

strect. Lights glowed behind curtained
windows. Few persons in Spartanburg
retired carly that night. In the minds of
everyone, and on everyone's lips, was the
story of Earle Belue’s slaying.

The two officers came toa small frame
house at the end of the block. The win-
dows of one room were lighted. Beck-
nell and Constable Henry backed into
the darkness of the trees and waited.

They waited for nearly half an hour,
immovable and silent in that Stygian
darkness. Their gaze was on the lighted
windows and on the door.

Suddenly the light went out. They did
not move. The front door opened and a
man stepped out.

Constable Henry followed him and
Becknell approached the house, going to
the back door. It was open and he slipped
inside the house. It was a small, four-
room bungalow. Becknell pulled out his
flashlight, sent its beam dancing over the
walls and floors.

He went into the front room. The
flashlight rays fell on the different pieces
of furniture. There was a round dining
room table, a buffet and several chairs.
Becknell circled the room, taking every
part of it in carefully. Nothing there.

Then he walked into a bedroom. . There
was a table beside the
were several papers.
One attracted his attention. It was a
barroom check from a well-known road-
house near the village of Gaffney, 15 miles
from Spartanburg.

bed and on this

Becknell picked it up, turned it over,
and then continued his search. of the
room. He went into-every room of the
house. When he left, all he carried with
him was the barroom check.

Frederick J. Morgan, state ballistics
expert, arrived from Columbia and was
trying to trace the sale of the murder
gun through telephone and wire con-
nections. ;

Deputy Becknell paid little attention
to the various activities of the different
aie Constable Henry was waiting for

1m,

“T followed him downtown,” Constable
Henry said. “Then he got in a car and
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824 8.C.

in that the alleged libelous language is not
imputed to the plaintiff herein, nor is there a
single mention of plaintiff's name in the al-
leged libelous article which could possibly be
identified by any reader of the paper in which
it was published as being applicable to or as
referring to the plaintiff herein.

Second—That the said language used in
said article. as set forth in the Complaint, is
not actionable in that it at no place in said ar-
ticle names or nfentions the plaintiff herein
as being the party who committed the act re-
lated therein, and there is no allegation in the
Complaint that any of the defendants herein
knew the plaintiff nor that they knew that he
was the driver of said car.

Third—That said language is not libelous
per se in that at no place in said article was
the name of the plaintiff mentioned, nor were
there any allegations of extrinsic facts which
could possibly lead any reader of said article
to know who the driver of the car was, nor
are there any allegations in said Complaint
which allege any special damage to the plain-
tiff arising from or growing out of the publli-
eation of the article complained of.

Fourth—That said publication was not ac-
tionable in that the name of the plaintiff was
mentioned in no place in said article, and
there is no allegation in the Complaint alleg-
ing that the publication of said article had
brought the plaintiff into public shame, dis-
grace, reproach and contempt among his
friends and acquaintances, nor is there any
allegation that any of the defendants had any
knowledge as to whom the article referred.

Upon argument, counsel for plaintiff con-
tended strenuously that the Demurrer related
solely to the necessity for the statement of ex-
trinsic facts, showing the applicability of the
article in question to the plaintiff, it being
urged that no question is raised by such De-
murrer as to anything but the allegations
necessary to constitute the colloquium, and
that no point is raised as to the allegations
necessary to constitute the inducement and
the innuendo, even if such allegations were
necessary in view of the language contained
in the newspaper article complained of.

A careful consideration of the alleged li-
belous article convinces the Court that the
Demurrer should be sustained. The plaintilf
is not named in such article, nor is there any
description of him, or of the automobile in
which he was riding; nor is there any refer-
ence to his place of residence, or anything else
from which any reader of the alleged often-
sive article could understand and know that
it related to the plaintiff. Neither is there
any matter contained in such article or any
facts alleged in the Complaint contending to
show that such article did refer to plaintiff,
and was intended to refer to him. It is true

152 SOUTH EASTERN REPORTER

that the Complaint alleges that the article, as
published, was intended to and did refer to
the plaintiff, and that the charges and state-
ments therein contained were understood
by readers of such newspaper to refer to
plaintiff and were understood by them to
charge him with most vicious, cruel and bru-
tal conduct, in violation of the criminal laws
of the City of Spartanburg, and State of
South Carolina, and that they were so intend-
ed by the defendants; but these are mere con-
clusions of the pleader, since there are no al-
legations of facts contained in the Complaint
sufficient to sustain such averments.

Our Court of last resort has held that lan-
guage charging a “breach of trust” and
shortages in cash accounts are not libelous
per se, and I am convinced that the language
contained in the news article complained of
in this action are not libelous per se. For
aught that appears in the Complaint the baby
may have been thrown from the car because
such vehicle was on fire, or to avoid an im-
pending collision, and it has been held repeat-
edly by our Court that if the alleged defama-
tory statement was not upon its face applica-
ble to plaintiff, or was not actionable per se,
although the colloquium is no longer neces-
sary by reason of our Statute, the inducement
and innuendo are as essential as they were
at common law.

It is therefore ordered that the Demurrer
be and the same hereby is sustained, and the
complaint dismissed for insufliciency.

Bomar & Osborne, of Spartanburg, for ap-
pellant.

Perrin & Tinsley, of Spartanburg, for re
spondents,

COTHRAN, J.

This is an appeal from an order of his hon-
or, Judge Johnson, sustaining a demurrer to
the plaintiff's complaint and dismissing the
action which was based upon the publication
of an article in the newspaper of the defend-
ants, as libelous.

It appears that the demurrer is based en-
tirely upon the absence of a colloquium, the
application of the publication to the plaintiff,
which under section 425 of the Code of Civil
Procedure is no longer required. See Bell v.
Clinton Mill, 129 S. C. 242, 124 S. B. 7; Dun-
can v. Record Co., 145 S. C. 196, 143 S. E. 31;
Pierce y. Inter-Ocean Co., 148 S. C. 8, 145 8S.
E. 541; Spigner v. Provident Co., 148 S. C.
249, 146 S. E. 8.

The order appealed from is reversed, and
the case remanded.

WATTS, C. J., and BLBASE, STABLER,
and CARTER, JJ., concur.

STATE v. JOHNSON 8.C. 825
152 S.E.

RHAME v. B. B. KIRKLAND SEED CO,
No. [2893.

Supreme Court of South Carolina.
April 15, 1930.

{. Appeal and error €843(2) — Moot questions
— Intermediate orders — Final judgment.

Questions on appeal from order requiring
election between two separate causes of action
held moot, where plaintiff did not appeal fom
verdict and judgment.

2. Appeal and error C74 — Final judgment —
Intermediate orders — Review.

After entry of final judgment, prior in-
termediate orders cannot be reviewed except
upon appeal from final judgment.

Appeal from Richland County Court; M,
S. Whaley, Judge.

Ackion by O. D. Rhame against tke B.
B. Kirkland Seed Company. From an order
requiring plaintiff to elect upon which of
two separate causes of action he would go
to trial, plaintiff appeals.

Appeal dismissed.

Brantley & Zeigler, of Orangeburg, for
appellant,

Melton & Belser, of Columbia, for respond-
ent.

CARTER, J.

The plaintiff, O. D. Rhame, commenced
this action against the defendant, B. B. Kirk-
land Seed Company, in the county court of
Richland county, June 23, 1928, for the re-
covery of damages in connection with the
sale of some pea seed by the defendant to
the plaintiff. The alleged wrongs by the de-
fendant to the plaintiff were stated under
two separate causes of action. The case
came on for trial before Hon. M. S. Whaley,
judge of said court, and a jury February
8, 1929. On the call of the case for trial,
upon written motion filed by the defend-
ant, the trial judge ordered the plaintiff to
elect upon which of the alleged causes of ac-
tion he would go to trial, and in obedience to
the order of the court the plaintiff elected to
proceed to trial under fhe first alleged cause
of action. The trial resulted in a verdict for
the defendant. The plaintiff thereafter,
Within due time, filed notice of intention to
appeal, and thereafter served his exceptions,
all of which {mpute error to the trial judge
in requiring the plaintiff to elect upon which
alleged cause of action he would proceed to
trial,

{1,2] The exceptions present several in-
teresting questions, but, so far as the record
discloses, the plaintiff is appealing solely

from the order of the trial judge requiring
him to elect. There is no appeal from thé
verdict of the jury and the entry of judg-
ment thereon. Therefore the questions
raised by the exceptions become moot ques-
tions. After entry of final judgment in a
case prior intermediate orders cannot be
reviewed except upon appeal from the final
judgment; and there being no appeal in
this case from the final judgment, it is prop-
er that the appeal from the intermediate or-
der of Judge Whaley, directing the plaintiff
to elect, should be dismissed. It is so or-
dered, and the appeal dismissed.

WATTS. C. J., and COTHRAN, BLEASE,
and STABLER, JJ., concur.

STATE v. JOHNSON et al. #’
No. 12894.

Supreme Court of South Carolina.
April 15, 1930.

|. Criminal law €=666!/, — Coindictees — Joint
consultation with attorneys.
Defendants jointly indicted for crime did
not have right to joint consultation with at-
torneys.

2. Criminal law €=637 — Trial — Handcuffing
defendants.

Where defendants were brought into
court handcuffed, but during murder trial sat
with counsel without handcuffs, they could
not complain.

3. Criminal law €>1151 — Continuance — Dis-
cretion of presiding judge.
Presiding judge’s disposition of motion
for continuance will not be disturbed, absent
evidence of abuse of discretion.

4. Criminal law ©=665(2) — Trial — Maferial
witness remaining in court.

In murder ‘prosecution, witness accom-
panying deceased in automobile at time of
shooting held properly allowed to remain dur-
ing examination of witnesses.

5. Homicide G=286(2) — Instruction — Malice.

Instruction that malice is basis of mur-
der and must be in heart of person inflicting
fatal blow at time blow was inflicted held
proper.

6. Criminal law C>784(4) — Instruction — Cir-
cumstantial evidence.

In murder prosecution, charge on circum-
stantial evidence held unobjectionable.

€=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

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UOSTig 9449S BUTTOuED YYNeSs peqnoouqoeTe *seqtyum Stneg *“NOSNHOP pue *£eEY *NWWTIOO

902 S.C.

the name of the photographer could not be
given reference to him as ‘Mr. X’ does not
appear to us to have been objectionable.”

If counsel for defendant in the instant
case had objected to the question and re-
quested that the jury be excused as was
done in Cummings yv. Tweed, supra, the
reference to the insurance adjuster would
have been eliminated.

Judgment affirmed.

STUKES, C. J., and TAYLOR, LEGGE
and MOSS, JJ., concur.

o ye ne
> CNS v?
XQ \ ORY XN of <
- a * Q 5)
4: oe sas
> 2 The STATE, Respondent,
As > Vv.
Willle Marion DANIELS, Appellant.
No. 17285.

Supreme Court of South Carolina.
April 29, 1957.

Prosecution for rape. The General
Sessions Court, Allendale County, J. Henry
Johnson, J., entered judgment of convic-
tion and defendant appealed. The Supreme
Court, Moss, J., held that instruction that
jury could not consider, in arriving at their
verdict, that defendant had committed
another crime to which he desired to plead
guilty, was not erroneous on any theory
that such charge took away from jury the
right to recommend mercy for defendant,
in view of instructions that jury could rec-
ommend mercy for no reason or for any
reason they saw fit.

Judgment affirmed.

1. Criminal Law €>1137(3)
A defendant cannot complain of in-
structions given at his own request.

97 SOUTH EASTERN REPORTER, 2d SERIES

2. Criminal Law €=823(18)

In rape prosecution, instruction that
jury could not consider in arriving at their
verdict, that defendant had committed an-
other crime to which he desired to plead
guilty was not erroneous on any theory
that such charge took from jury the right
to recommend mercy for defendant, in
view of instructions that jury could recom-
mend mercy for no reason or for any rea-
son they saw fit. Code 1952, § 16-72.

3. Criminal Law €=822(1)

In determining correctness of instruc:
tions, they should be considered as a whole,
and if, as a whole, they are free from error,
an assignment predicated on isolated para-
graphs or excerpts, which, standing alone,
might be misleading, must fail.

Sol Blatt, Jr., Barnwell, Fred L. Heirs,
Allendale, for appellant.

Solicitor Randolph Murdaugh, Hamp-
ton, McNair & Lawton, Allendale, for re-
spondent.

MOSS, Justice.

At the 1956 April term of the Court of
General Sessions for Allendale County,
South Carolina, the appellant, Willie Mari-
on Daniels, was indicted under separate
indictments for rape and burglary, which
alleged crimes occurred on the night of
February 25, 1956.

At the said term of Court, when the case
was called for trial, the appellant had not
retained counsel to represent him, and the
Court appointed able and competent attot-
neys to appear and represent the appellant.
The appellant, through his counsel, made 4
motion that he be sent to the South Carolina
State Hospital for examination as to his
mental soundness. The South Carolina
State Hospital found no evidence of in
sanity and that the appellant was function
ing at an intellectual level average for his
age, race and educational opportunities.

STATE v. DANIELS 8.c. 903
Cite as 97 S.B.2d 902

At the 1956 June term of the Court of
General Sessions for Allendale County, the
case charging the appellant with rape was
called for trial. When the rape case was
called for trial, the appellant, through his
counsel, advised the Gourt that he wished
to plead guilty to the indictment charging
him with burglary, which plea would have
automatically carried with it a sentence
of life imprisonment. However, the State
refused to accept the plea in the burglary
case and insisted upon the trial of the ap-
pellant upon the charge of rape. The Court
was advised by counsel for the appellant
that whenever he was called upon to an-
swer the burglary indictment, that he would
plead guilty to sudh.

The trial of the appellant for the rape
of the prosecuting witness was begun and
the case submitted to the jury on the after-
noon of June 18, 1956, and a verdict of
guilty was returned. The Court pronounced
the death sentence upon the appellant and
from said judgment and sentence comes
this appeal.

The prosecutrix was a clerk, employed
by the Southern Bell Telephone & Tele-
graph Company in Allendale, South Caro-
lina. She lived in her own home on Hick-
ory Street in said town. On Saturday
night, February 25, 1956, the prosecutrix
was using the telephone in her bedroom.
She heard a noise and went in the hall of
her home and saw the appellant entering
the front door. She advised him that he
was in the wrong house, and he said “No”,
and that he knew where he was. The ap-
pellant pulled out a gun and knife and
when the prosecuting witness screamed, he
choked and threatened to kill her and
knocked her down in the living room. She
also testified that before he knocked her
down he stated that he had entered the
house for the purpose of taking her money
and having sexual intercourse with her.
He robbed the prosecuting witness and
then raped her. The prosecuting witness
absolutely identified the appellant as her
assailant. A physician was immediately
called after the departure of the appellant

and he testified that the prosecutrix had
been manhandled and that there was evi-
dence of masculine habitat with the female
organs of the prosecutrix. The appellant
was arrested on February 28, 1956, and was
taken to the headquarters of the South
Carolina Law Enforcement Division, where
he made a full and complete written con-
fession, in which he admitted that he had
come into the home of the prosecuting wit-
ness and there he had robbed and raped
her. During the trial of the case the ap-
pellant admitted on direct examination that
the confession he had given was correct.
He also admitted that such statement was
free and voluntary. Upon cross examina-
tion the record shows the following:

“Q,. You came for two purposes,
you came to get money and to rape her,
except that you did not use the word
rape?

“A, Yes sir.
“Q. And you did rape her?

“A. Yes sir, but not of my inten-
tion.”

The evidence as to the identity and guilt
of the appellant is overwhelming. In fact,
the appellant, through his counsel, asserts
in his brief the following:

“Of course, it was the desire and
hope of the defendant that the jury
would recommend mercy, and thus
spare his life, since he had admitted
the crime of rape and in effect pled
guilty, and the question of whether or
not to recommend mercy was the only
matter for consideration -by the jury.”

At the conclusion of the main charge
of the Honorable J. Henry Johnson, the
presiding Judge, the jury was sent to the
jury room and the trial Judge made the
usual inquiry of counsel for the State and
the appellant as to whether any further
charge was desired. In response to this
inquiry counsel for the appellant made the
following request:

“May it please the Court, I realize
that it is probably irrelevant but in view

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904 S.C.

of the discussion that has gone on in
the presence of the Jury as to burglary,
I would like to request the Court to
charge the Jury if he pleads guilty to
burglary ordinarily he will be sen-
tenced to life imprisonment.”

Upon the return of the jury to the court-
room, the trial Judge further instructed
the jury as follows:

“Mr, Foreman and gentlemen of the
Jury, at the request of Counsel for the
Defendant I am going to charge you
something he asked me to charge you
and also something he did not ask me
to charge you. First, I charge you, at
the request of Counsel for the Defense,
that in determining the question of
guilt or innocence of the accused on
the charge of rape you are not con-
cerned in any way whatsoever with the
fact that he might have committed
some other or any other crime, and
you cannot take into consideration
against the accused, in arriving at your
verdict in this case, you cannot take
into consideration against him the fact
that he may have committed any other
crime. I take it that that so far is
agreeable. I specifically charge you,
at the request of the accused, if, how-
ever, he pleads guilty to the charge of
burglary without recommendation to
the mercy of the Court, as I under-
stand that that was the offer that was
made at the outset of the trial this
morning, the punishment would be im-
prisonment during the natural life time
of the accused.”

The sole exception, which is the basis of
this appeal, is as follows:

“In charging the jury that they could
not take into consideration in arriving
at their verdict the fact that the ac-
cused had committed another crime to
which he desired to plead guilty and
for which the punishment would auto-
matically be imprisonment during his
natural life, it being error to charge
the jury what they could or could not

97 SOUTH EASTERN REPORTER, 2d SERIES

consider in arriving at a decision as to
whether or not they desired to recom-
mend mercy for the defendant, when
the question of a recommendation of
mercy was the sole issue before the
jury, the commission of the crime of
rape having been admitted by the de-
fendant.”

[1] The appellant does not assign any
error to the main charge as made by the
trial Judge but alleges that error was com-
mitted when the jury was brought back
and given the further instructions above
quoted. That portion of the additional in-
structions, which advised the jury that if
appellant entered a plea of guilty to the
charge of burglary without recommendation
to the mercy of the court, the punishment
would be imprisonment for the natural life
of the appellant, certainly cannot be urged
as error. This was charged at the specific
request of the appellant. He cannot com-
plain of instructions given at his own re-
quest. State v. Hutto, 127 S.C. 426, 121
S.E; 259. State v. Herron, 116 S.C. 282,
108 S.E. 93.

[2] However, the appellant does con-
tend that the court committed error in
charging that they could not take into con-
sideration, in arriving at their verdict, that
the accused had committed another crime
to which he desired to plead guilty, it being
asserted that by such charge this took away
from the jury the right to recommend
mercy for the appellant.

A careful examination of. the portion
of the charge excepted to does not admit
of the interpretation which the appellant
places thereon. The trial Judge never told
the jury that they could not take into com-
sideration in arriving at a verdict, with a
recommendation to mercy, the fact that the
appellant had committed another crime to
which he desired to plead guilty, and for
which the punishment would automatically
be imprisonment for life. He did charge
the jury that they could not take into con
sideration such fact against the appellant
“in determining the question of guilt or in

STATE v. DANIELS S.C. 905
Cite as 97 8.H.2d 902

nocence of the accused on the charge of
rape * * *,” This charge, in our opin-
ion, did not mislead the jury to the prej-
udice of the appellant. We think, on the
contrary, that it was favorable to the ap-
pellant upon the question of whether he
was guilty of the crime charged.

In the case of State v. Murphy, 214 S.C.
517, 53 S.E.2d 402, 405, this court said:

“In order to constitute reversible
error, the reviewing court must be satis-
fied that there are reasonable grounds
for supposing that the jury might have
been misled to the prejudice of the ap-
pellant. State v. Washington, 80 S.C.
376, 61 S.E. 896; Boggero v. Southern
Ry. Co., 64 S.C. 104, 41 S.E. 819;
Sharpton v. Augusta & Aiken Ry., 72
S.C. 162, 51 S.E. 553. In this case no
prejudice has been demonstrated.”

[3] This court has held in numerous
cases that in determining the correctness
of instructions, they should be considered
as a whole, and if, as a whole, they are free
from error, an assignment predicated on
isolated paragraphs or excerpts, which,
standing alone, might be misleading, must
fail. State v. Higgins, 215 S.C. 153, 54
S.E.2d 553. State v. Clamp, 225 S.C. 89,
80 S.E.2d 918. In considering the charge
of the trial Judge as a whole, we find it
to be clear, explicit and definite. A review
of the charge of the trial Judge shows that
he fully instructed the jury as to their right,
in the event they found the defendant
guilty, to recommend him to the mercy of
the court. We quote the charge of the
Trial Judge as to this feature of the case.

“I charge you also in that connection
that the Jury can in any capital case,
either murder, rape, alleged rape, or
alleged murder or alleged assault
with intent to rape, that the Jury may,
for any reason in the world or for no
reason in the world, except that it
wants to do so, attach a recommenda-
tion to the mercy of the Court to its
verdict and thereby reduce the punish-
ment from electrocution to either hard

97 S.B.2d—574%

labor for life or to a term in the State
Penitentiary in this case of not less
than five nor more than forty years.

There don’t have to be any extenuating
circumstances and the Jury I repeat
may, for any reason in the world or
for no reason in the world, except that
it wants to do so, attach a recommenda-
tion to the mercy of the Court to its
verdict and thereby avoid the death
penalty.”

And again, when he was giving the jury
the possible verdicts that could be returned,
he charged the jury as follows:

“Secondly, it is within your province
to return a verdict of guilty of rape,
with a recommendation to the mercy
of the Court, in which event the pun-
ishment would be reduced from death
by electrocution to a term in the Peni-
tentiary of not less than five, nor more
than forty years, at the discretion of
the Trial Judge.”

The trial Judge, prior to the giving ot
the two foregoing charges, also read to the
jury Section 16-72 of the 1952 Code of
Laws of South Carolina, which he declared
to be applicable. This section of the Code
provides:

“Any person convicted of rape or as-
sault with intent to ravish shall suffer
death unless the jury shall recommend
him to the mercy of the court in which
event he shall be confined at hard labor
in the State Penitentiary for a term not
exceeding forty years nor less than
five years, at the discretion of the pre-
siding judge.”

In the case of State v. King, 158 S.C. 251,
155 S.E. 409, 425, this court had under con-
sideration the charge of the trial Judge
with reference to recommending mercy in
a case where a defendant was charged with
murder. Such provision is now contained
in Section 16-52 of the 1952 Code of Laws
of South Carolina. What was there said
by this court is appropriate here. We
quote therefrom as follows:

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906 S.C.

“The act mentioned gave to a petit
jury the right, when it found a defend-
ant guilty of murder, to recommend
him to the mercy of the court, and this
recommendation has the effect of re-
ducing the punishment from death to
that of imprisonment in the peniten-
tiary, with hard labor, for the life-
time of the prisoner, found guilty. The
statute is very broad. It is clear that
under its terms a jury may, for any
reason whatever appearing to them
refuse to have the accused put to death,
but may spare his life. The proper
charge to be given as to this statute is
for the presiding judge to simply in-
form the jury that under its provisions
they may recommend the defendant to
the mercy of the court, and that the
effect of such recommendation will be
to save the accused from death, and
cause him to be sentenced for lifetime
imprisonment at hard labor.”

We conclude that the charge of the trial
Judge fully protected the rights of appel-

97 SOUTH EASTERN REPORTER, 2d SERIES

lant in respect to the question of recom-
mending mercy. It appears from the rec-
ord that the conviction is clearly correct
on the merits, the accused had a fair trial,
and no other verdict could reasonably have
been returned on the evidence.

In this case where the extreme penalty is
to be exacted, and because of such, we have
in favorem vitae, carefully examined the
record for any errors affecting the substan-
tial rights of the appellant, even though
not made a ground of appeal. We find no
such errors.

It is appropriate to state that counsel
appearing for the appellant were appointed
by the court. They have with commend:
able zeal and ability appeared and repre-
sented the interest of the appellant. This
court acknowledges with appreciation their
services.

The judgment of the lower Court is af-
firmed.

STUKES, C. J., and TAYLOR, OXNER
and LEGGE, JJ., concur.

SMITH v. SMITH Va. 907
Cite as 97 S.E.2d 907

199 Va 55
T. Benton SMITH, Executor, etc.,

Vv.
Edith W. SMITH.

Supreme Court of Appeals of Virginia. ,
April 26, 1957.
Rehearing Denied June 14, 1957.

Action against motorist for death of
guest resulting from collision occurring aft-
er motorist, on practically straight and
level paved highway, at night, when she
could see approaching automobiles for a
half mile, drove on wrong side of road and
her automobile glanced off rear of first
approaching automobile and collided with
second approaching automobile. From
judgment rendered for plaintiff by the Cir-
cuit Court of Pittsylvania County, A. H.
Hopkins, J., defendant appealed. The Su-
preme Court of Appeals, Buchanan, J., held
that since essential act of negligence relied
on was driving on wrong side of road, in
view of fact that endangering life and limb
would only have been result of such act and
ngt separate act of negligence and that not
keeping automobile under control was but
an element of the principal alleged act, in-
struction directing verdict for plaintiff if
motorist was found guilty of gross negli-
gence (1) in driving on wrong side of road,
(2) in driving so as to be likely to endanger
life, or (3) in not keeping automobile under
control was prejudicially erroneous.

Reversed and remanded.

{. Appeal and Error €=930(1)

Where jury found that defendant had
been guilty of gross negligence and trial
court had approved its findings, plaintiff
was entitled to have reviewing court pass
on evidence with all reasonable inferences
deducible therefrom resolved in her favor,

2. Automobiles €=244(20)

Under guest statute, deliberate inat-
tention to operation of automobile consti-
tutes important evidence of motorist’s gross

negligence though momentary turning away
of the eyes does not. Code 1950, § 8646.1.

3. Automobiles €>181(1)

Under guest statute, whether conduct
of driver amounts to gross negligence de-
pends on facts and circumstances surround-
ing operation of automobile. Code 1950, §
8646.1.

4. Automobiles €=245(24)

In action against motorist for death of
guest resulting from collision occurring
after motorist, on practically straight and
level paved highway, at night, when she
could see approaching automobiles for a

half-mile, drove on wrong side of road’

when her automobile glanced off rear of
first approaching automobile and collided
head on with second approaching automo-
bile, evidence on issue of whether defend-
ant motorist had been guilty of gross negli-
gence was for jury. Code 1950, § 8-646.1.

5. Automobiles €=181(1), 246(2)

The dividing line between simple neg-
ligence for which an automobile guest can-
not recover against host motorist and gross
negligence for which he may, is to be tight-
ly drawn and carefully observed, and jury
should be carefully instructed thereon.
Code 1950, § 8646.1.

6. Appeal and Error €=1064(1)
Automobiles €=246(2)

In action for death of guest in colli-
sion, wherein essential act of negligence
relied on was driving on wrong side of
road, in view of facts that endangering life
and limb would only have been result of
such act and not separate negligence and
that not keeping automobile under control
was but an element of the principal alleged
act, instruction directing verdict for plain-
tiff if motorist was found guilty of gross
negligence (1) in driving on wrong side of
road, (2) in driving so as to be likely to
endanger life, or (3) in not keeping auto-
mobile under control was prejudicially er-

roneous. Code 1950, § 8-646.1.

fie y

Meera ote trees:

hed tred:

eres)

eet

hisieteh)

Spates colstihcaenss aby;

Ss Ad
Peet

Retr ees ct

Watty:

This transcript of The Dying Confesston

of Willts Dantels turned up in the July
3rd 1800 edition of THE WILMINGTON (NC)
GAZETTE. It had originally been printed

in the 5-30-1800 edition of the STATE
GAZETTE OF SOUTH CAROLINA, all volumes

of which fell prey to the gangster Sherman.

This miscreant was executed at Orangeburg
SC on 5-16-1800. Note in particular that
he had previously been capitally convicted
three times for horse theft and was only
executed after a fourth conviction for
that crime.

MERRY ’ f~.

rig Sralty
eing our :.
idéen mst
} Other wa;
4 of the -~,
she 9th jaz
[CH master,
0k them ‘s..

DS was tric!
GON] Crust
P Ju.u. Gray
y afterward:
i Thomas 2i.°"~
ms ebourt i
on Wednes¢ay
which he hs:

i assignmen:
heir of Eli’:

ivicted as
until he Fy
stand cormi*-
das BLOUNT..
ffidavit sta°
d he and his
the 15th Juy
ildsborough

at Three [Do}:-

be employed ~

ay lay safe

qT, J. ROBER-

Letters remaining in the Post-Office at Wilmington, July 1, 1800..

amin AYDELOT, £3 Col. Samuel ASHE, 1. 8B --Capt. Thomas BURTEN, 8;

» Joshua »BABCOCK, 1; Thomas BOARDMAN, 1; Benjamin BRADSHAW, 1;
Mary BLANKS, 1; John BLANKS, 1; Thomas BATEMAN, 1; Captain George
C - Henry CUMMINGS, 2; James COXETER, 1; Archibald

of the Cincinnati of North Carolina, 2; John
CALISTA, belonging to

aval, 13 Mrs:
gichard BRADSHAW, 1.

_% Fygiidam COLLINS, 13 President
ty Esd 1; Archibald CRAWFORD, 1; James CLANDER, 3
ae SS Faward CLEAMONS, 1; Robert CHAPMAN, 1; Miss Mary
ni sap? , 13 Capt. eS cHANCY, 1. Os Christopher DUDLEY, New-River, 1; Capt.
= RISDALE, 2; Thomas DRAVES, 1; Wilson DAVIS, 1; Joseph DICKSON, l.
coke Southy FISHER, Sampson, 1; John FERRELL, 1. G- Jom GODDARD, 1;
sarah GEE, 1; William GREEN, 1. H - Eleazer H. HASTINGS, 2; Levi HORN, a
SOLMES » Sampson, 1; John HAMMOND; Thomas HUDSON, 1; Jacob HOWLAND, 1; Mrs.
2 Ned HOLT, 13 Edward HOLT, 1; John HARFORD, 1; Daniel HICKS, Sampson, 1

Asse,

: “nt JONES, 1; Captain JODRIE, 1; Wilson JACOBS, 1; William JORDAN, 1. K -

1 KER, Black River, 1; Michael KENAN, l. L - Edward LOSING, 2; Mark LAMB, 1;

mag 1; Mrs. LASPEYRRE, 1. M - Maj. A. Duncan MOORE, 1; Capt. John MAC
CALLUM & PATTERSON,

_feur LEGROS
aNE, 15 Capt. Alexander MORGAN, 1; James MEWS, 1; Messrs. M'
~pna3s MALSBY, 1; Col. M' ALLISTER, 1; Mrs. Flora M'ALLISTER, 1; Misg M'ALLISTER,
Esq. 1; George M'KAY, 1; The Worshipful Court
R +: gor. fF. REMMINGTON .

‘eg, Ann MOORE, 1; Doctor E. MORSE,
+ aa-Hanover, OF Peter M'FIELD, 1. P - Richard PARSON, 2.
~omas ROBINSON, Masonboro, 1; Adjutant General J. T. RHODES, Duplin, 1: Andrew

-33g, Esq. 13 William RUSSEL, Onslow, 1; Mrs. RICHARDS, 1. S - Alexander SHAW,

““sapt. Edward SMITH, 1} William SIMPSON, 1; Ephraim SUTTON, 1; William, John or
1; John SIBLEY, 1. T -

saples STOCKMAN, 1; Thomas SANDERS, 1; William SNELL,

s:2a3 TURNER, Bladen, 1; John TAYLOR, Bladen, 1; Rev. Robert TATE, 1; Capt. Isaac

=,cKY, 1. V - James VENABLES, 1. W - Captain Thomas WRIGHT, 4; Capt. Sylvester
INSON, Federal Point, 1; Capt. John

LISTON, 1; Mrs. Mary WALKER, 1; William WILK
John LORD, P. M.

'4) To the Electors Of the County of New-Hanover. Fellow-Citizens, I Take this

sly opportunity of making known to you ny return from the Army.. I have offered
; a Candidate in the Commons, and trust at the ensuing Election..I shall meet with
<p countenance and support. Fishing Creek, July 2, 1600.

40) Notice. The Subscriber intending to set out for
ests all those to whom he is indebted to call for adju

‘sarge JENNINGS. Wilmington, July 3; 1800.
s of Brunswick, Bladen, Duplin,

In the month of August next you will be called
ted States: having now the

if a candidate for your

A. Duncan MOORE.

Europe in..a few weeks, re-
stment of their.. accounts...

“41) To the Freemen Of the Countie New-Hanover,

‘sslow & Sampson. Fellow Citizens,
n, to elect a Representative in the Congress of the Uni

‘cnour of representing you in that body, I..declare myse
-iffrages... W. H. HILL, Wilmington, July 3.

$42) Columbia, (S. c.) May 30. Dying Confession of Willis DANIELS, who was ex-
‘tited at Orangeburg, on the 16th inst. South Carolina, Orangeburg Goal, May 16th,
-O. I, Willis DANIELS, otherwise, by Wy wickedness, called Richard YOUNG, being
last overtaken by the uerring, though tardy, steps of Justice..do publish the
“Mllowing sketches of my life, as a warning to all others.. I was porn on the bank
af Little Pee Dee river, in the state of South-Carolina, about the year 1765. My
"arents were poor. My father was a chair maker by trade; which had he pursued in-

“istriously, and been half as vigilant in inculcating the principles of his mystery
hool of vice, I should not..be groaning

him for bringing ur

2 ny mind, as he was to train. .me in the sc
hains..which I cannot but reproach

der the burden of prison ¢

ai
y

_ Caroliva, about the y ear 3755.
“parcare were poser,

‘ ie 1S ae Sagal 105 i
bese gh al ; ‘|
m Va a
‘otat f Us MBIA, (seu ) “May! 30.
hy Drive! CONFRSSION of W ILLS ‘Das
_ NIELS, wae. was executed at 0.

rangeburs vs 1610 inf.”
South Carol * lorince charg Goal,
dy 14th, Teco.
ihe ‘Willis Dani cl, otliers ite, by tay
“Wickednefs,f called Richard - Young:
_ Being ar lat, overtaken by ti@ uner-
fing, though cardy, Reps of juttice, °
‘and ina few-hours to'end a lite in in-
famy, which has been Stained. with!
omamberlels | icrimes and repeated dif!
Rrace, do. publifa the following {ketch |
eset my life, 2s a warning to alloe
thers; and I earneftly bone, that all -
offenders, who are, ‘as

etimes, and by” connecting the errors:
of my life, with the confequent igne-:
miny of my death, may fee thar the.
wanes of fin—is death, aud may be
tnraed from the error ‘af their ways,
to a life of honelty and- virtue,
> Twas born on the banks of Little
Pee Dee river, in che (tate of Soath™
My |
M ty fathe: wis
maker by: trade ; ;
hat. ge purfaed- pnasidsloudy, and
beémicpalr as vigilante in incelca~
ting the prineipley af bis myNery on
my “mind, as he was terrain and dite
cipline me inthe {choo! af vice, : I
» fhould aot, at chis tine, be groaning
nder the burden ef Shin chains,
aud a much greacer we'ghe of guilt,
which [ eannot but reproach himestor
_ bringing rpon me. My mother was
a pious zood wowmae, At about twelve
yerra of aye, ele to live with Mri
ohn Baxter, Wacchinaw- river,
aad by him was err with a deeree at
“theitnefs and (everity ; which, had |
{ulbyriited co, wants eon hard ext ce
prted from my youn mind, thofe
feeds af evil which. wad been rf early
fown there ; but the rigor of hit prin-
eisles and manners, was fo repugnant
to tse unre(trained wir itheflicentiont
pefs, Whith had beensnartored in me,
thar l sould not browk it, and ran of
frown bias in a fhort time, and lived a
m tle wile with a Willian’ Morgan,
nd Tan Parker, bur foon Jefe thew
a ee taioches itomy pare “8. Between
the azz of twelve fand filieep, oxo
- Mines ofa. very Nasr ant nature wee
CORWVAVIEL ed by. me, T was youns
ny aswrvniicetain, and ver itured aunts
odtpetty Vareesies. 1 Role, for ting
rime, tivo Pea knives froare Mie]
and fomecets acs frei a Mtr
Tinsiol; for che lairer, P was feverely,
covredted, and renuked hy iy
roots. Agche age of Afieets,
jute a kind Vib ametul cos partue i a
with ey father, in Reving hops, 8cgs
haves, kee and lived with witen Ont

a chair

fe ack
Tt 48

Taw tery.

Coy

¢ ie
“

{ wee

thas, incouttant habits of m arans ling |

an) phisidetiay our heigbbours, ain:

Lim vices af various kinds. T then went

tu live with a Mr, Tininons, who was:
en bonsai’ man, andrried to oreforas’

andl endsavanred to yield te

a
me ;

his friendly ay ‘Anvowitions, and te coz.

wry Sa Me “tiie yo: ad work +

now

af 47 inonths ;:

uave been, im

_ Febellign. againtahe laws of Gdd and | pire t orker,
“man,- may reed the hidery of my!

which, +

“paol, we flole four hotles; two from. k: ad Feception,. ty ‘an 20 SE ae

A OHe: Porter; as 1 Qelieve; the etbers ‘wifes yeu l turned my back’en

trent a perfon unknown. Thele Jatt che(at plealing profpedts, and-again

crimes availed me pie a3 ie _ [adopted wy wanted pratice of fteal-:
norfes Joofe, and travelled on foot

Mite mavninige: There, |}: enlivec 1 re whatever came.iu ay ways For

: 14 theft. committed on my way heme,

Vander Robert Craig, a recraituag offi
cet ik Was eparmy, where] ftaid: ! was recemmitted to prifon, where

bar chen, being punited | 1 fuffered four months imprifonme..?,
‘ina wayl thauple enren(irinele; Idee, and was.’ sbtanded’ withthe lettre a
ferteds On ery way’ home, and in*a- in the Jeft hand. In Jobaion county,
"very few monihs attermy return,, 1 } eommitied other thefts, for which I
tole no fels than five horles, . one tas jmpriloned
‘from a Williain Guolwin, on Pedee ; i yaa be adisca aie
, one fram a flv. Jenkins, Gn. Steg
| {1 atole a herife,
one froma Mr, Hicks tear Augota ; iow “fhe
‘enc from a Mr. RiyjabeAtom, whith | from a perion-.Unknewn ; in
J] foie ac Wi! mingtou ; -atd one trea, Sampica ceunty: anether, from a
Br. Doty, on White Marth, From a| Mes. Clinton ; all shisin a very fhert
neer Anputta, 1 Roletime. At Waccamaw, in‘Soath-Ca:
tweniverve dollars. Frontithis I trae? rolinn, I flaie feme clotiie;, and a
velled ve Kentuct ky, und contented | ‘yur from’ Mr. ere » and in
omoyfelf with tealivge bor one herfe an Geurgetox'n a borie freia'a perler
c ule move Mistnsht! unknews : On hin I'rcdete Orange-
eh fn ( $ Ov ’
ipreheinted Oh 1 Nurth-Caron ‘bargh difirid, where | am to termi-
ling. Te efimer was proved upon) ate mys Aas I he pe, unparalteled Ca-
fine ; but asi wak-comtmitied i ang. (reer of willekies,” "Tu this. diltrigt, is
j thes frate, J. faffered mocringy, mere! tie cowrfe efaiew “duys betore Iwas
‘thaw & monthe imprifonment., Frou | arreited, I broke ope a houfe, and
the wany horfes I pofetied myfelf of, ritulea watcit ; flele athorfe from Mr.

jand the “manner in Whien J dilpoted: “Fick is, ene fron a Mrs. Draper ;
; if
of them, it mak be fappoled ttiat- ! arate ‘se one froma Mr. Nobles,

had trecuent occafiowto replenifh mry | tar wi A l nhs Helis riers
‘ .

faddles and briviles ; “and tins t ded in! B ( reyes a
a Way, 28 jiuule comiftent with the |. ucyet (he tidalure-o , rire
save

rights of property, as | precured tay. Hes wat pat grite full, -an
hostes.. For a-theft of-tais fmaller lene mere, crime to add ta the ever-
fort, 1 Was next cominizted to Chelter | grown catalegie of my. vices, which
goal, Piuckuéy ydivicty where | Iny-7 tis of. a amare crimfan dye than any
weeks and then eleaped, As T made tyce enineratce. At the If Né |
tura oad aig of iny wicked earuings, cout, ing Gravy buryhi, af
A fresuenth¢- Pound ay felf detlitete of
Clothing, and as often fupphed ayfelt
ini waya, the recollection of whicii,.
Row anus to the paigtancy of remeife, |
which press. kpon me, Frage Mel
Brain’ Syradley, of Camden, with
avhom | femme time lived, T Role a
Auanticy of clothing,
faddleb £S,: and mace of | ua the enighe ‘ mou Ww ho,’ from the toyle circum.
tu Stteburg, where | ole an horls, itance oof: sy attempring |
faddte snd bridle, froma Nir. we ieel. | 1 j :
ay st to this ak delerviggt t L. re)
er, for ey I wee fvon apresended, For its; oe
and cammuted to Camdenpoal, but! Pn PARA OUSTIES,
broke poal in eltaped before trial ; a domes « .
but Tdit not long egrjny te liverty | shucbied b ta whorl

bie

On the fame night,
faddle and briale,

vwenhe

wirnets for Silas, Peceock, ey bis tri-
alszerthe mardyr of bis wile, ane
committed..a caring and willal per
jars: and for.this Ithace vo ethe:
lexcate, ar poketter motive, then.

i Ul,
' doable deaths
Lreela deeper conirrion,
fore my Gad,

shen, ted, cou des aned, and partion- du: ty than for auy @
ed, Another profecuvion was {Gon of wy whore life.
upon my back, for Realing the horfe 4, fe,
af Mr, Axow: afovelsid 5 mnd f wasirie .

@iher trantacier:
Por deeting 3
er ether property, circut.
‘tance 8, of ro ietlon, or excule,

‘ n'¢s

edin Georgetuwh, by tue name ef © oy i Te ‘e 1

Willis Dames, whic [then patlon 4 pei ah neh ered, thobyt T pr
wis convicrad,’ andl feptence of (MES LookeP wane 4 but, tga b ale.

Tagin,

seath ayainpabrd upon ane, and a te~; ly intoa court, fecred te jylttice any
cone tine pardoned. Ywiee bexperi- itreth, and ito tise yrelemece ef this

cnced i che mercy of the Exueptive, lite | Ciody whe ts of 7 purer cyes, than fn
ring Gis advateillestion=-t hint of Guy. yeh, hej iviqnity, and impudénily es!
Valadevherit, Burtreither mercies ror en bin, to be withels tothe uth ot
judginen.s contd fofien or oreclaine|
maz und dit wept of with the pere
petgariee of wy crimes, ia a moft sa-
pil (Occeifien. 72

I next broke open.a henta’ on.
Lynch's creek, fiom which T tow
‘ome claraing, ate travelad on te-B-loPues 3 for, frau ths tin le
dithe faw-miils, ‘Where LT ttole a harley dtd bars’ has howe been the faihfal. te
from Capt.Campbell, Fer this twas! cures of ms good bekaviour |]

4 e “4
arretled as W die. ie and oder or tae thertTpace of 15 Vears, or fore:
edits OFra ve herp Ve bt rise w. ros

an Imiamous lic, Is withouseles allot, J
and €¥ipéss a deyr ee of tuypucude ae
hears” ‘ef whiels dy difere, did uci
Cink my iellvanaule:

stoi
tee

“tia aint

but breke out of

fede ree | ty hon TO Abe Piborne cl as: ao

anda pair of | tleGre to fhield from pypifiment, 2.

to fuborr

Tfo mach ebufd, beture 1 was reine cin fous to.account feral wy cet.’

td ends. the narrative ef- abe

“tants: ‘ta meet,
fhou'd. be forgh
They dppeared c
appeiited RITAC
allo, according |
to théir aftensis
a gallows erect:
‘they -were to fig
batile as foon at
king; bat, adder

sllews, Lam r:
fhull be ‘hanged |
‘oppsnent shy. the
preatly ‘dilimay ec
filence, and ther
nienced a very
‘which continued

It is related |:
fons, who had te
land, have been
manner, which
poled was infie
or at jeaft was
former,

CARNI\
Account. ffar
Kaw Fifh—
C cur ter — cons
from Dr. Joh
Of Sick and wei
Biane., .
CHARLES D
Renche, on the
aged 21 was bree
Live¥pool, in Fe
Jveena foidier in
mn board the Jc
‘wuadron under
J.B. WARLEN
“hie is oat ul b
‘ith theiv fisther
ale fer the ve
ippeuites, Thes
ay in ibe army
gevayine for 100
wan bepaw atc
Ke wat ailows
ariny. and by Lb.
dubsence of bi
anaddigienal fuy
When in can
vere fource, he
iercy hy eating
“ahve and ine.
cane (gor thei f
tod SS hie ka
Ciera Si the act
hy heeting thie -
os lis face a
te killed them
when Very lov
to perferm thes
Dops ane rats
nis mercilefs jun
suby:
nais,

;

hicpine,
dnediteris
arey. The abos
h; rreand, a bedi
vis comrade in
on beard the
prefenteand \
ohenfecs him |
Ww hen the fii
Ne was,hav! Ture
gate aetioe, fin
aricloue

VA PY,

ao peny

ie weeks Laga

‘leloat? Ty

wee, ana refeprest to icy

the ass of twelve fand Wilceb, KO
Himes of avery flagrant mature weie
commitiesl hy me, Twas youny tx
ny asprenti¢etain, and ve tured aunty
lareenies. I Mole, far tnd
4atiime, two pea knives pronve Mr]

Tyan te y. and tome ‘cts acs frem a Mr,

Tinta) y for che latter, JP was feverety,
cavreted, ans dorebuked by my geod
Potigs. wrhe age of Rfteen, Lowen
Inte w tiie By ih anaetnt. Mat ois rer (hiss,
with my-farher, in Mealing hogs, oe:

hives, kee and lived with isin sOrt
tie, inecositant habizs of m sranding

anil planderiay our Deeghbours, 95.27

im vices of various, kinds. then alent

ta live with a Mr. Tinsmous! who was

en hongd man, andrried to -reforay

aud l endzavaired to yield te

his frien: Ny adirouitions, anid ty coc:

epernie wich hourin the good work ;

bat me evil {piritrat my father, oct
whos Teaanot {peak bat with barta,
Leb, dad whow |coufi tras much the
rateni af my guilt, as he is of my ex-
iftence, loon tullowed me 5 % aud thro’
his weaus, [leie’ Me. Timmons J
tacn traschied te Umar leon, aod en:

Jnicu yo ine fervice, under capt, inde

Levis; wait ham aie, Ti Charter.

ton avd its VICLUNY AVAALEE WlOltis.,

nud cen deterted 5 Was fomv taken wp
aud ossed tor uy delertian 100 lath-

a5 ie a EP did not increate ay. at
“Macametty we military tile.
ain d@iericu, wand eetae ned

la alew

so Peder, + then. ‘Wemeimic: Norile

“Carola, aadtherc etgan Aipecies of

Jidevirrg,. Coat te vl buries, w wich J

have lince telus, etthas muca ree
Rul perhaps woce ,laccels,
wau a. iy’ ‘One eile ever gid. i tlu:e a
hHecie- frun- a Mr. Picker, Was (aici

Gp, Rid pal in Walmiegtobgaon, tran’

iW ich Livda fuuld wiedis de break
nou gicape. do thea’ Sail te
jaork ie the
Gaveey j nad | begun 4 ae ny teeble
refulmiiuns Were VO, barrier TO tHe
moniter, vice, weich “had broken la
Upor tae fev geod: Principies of my
eusdnood, Barsoldetitd by; tue face
cats oi wy Gltacceupe tole ano-
tuer Roric, Troma Mee Na’Crakait, aud
took bia of cine muaniains, WHIre,
fur the greater jarecy, 1 cian red wy
Frame (@ iC: yard Brown. Kor this L
was atterwareds committed to Gearg:
tawm goal, , and elcaped beiore trial,
Ihy sont chef Wasa horle and Tome
clocbingy from ene Dancan Grimes,
tor Winch 1, wate apprehended, aud
tried 1a rayatie, N. C.- db was aq: Nite
ved of the noite Neale, but couvict-
ea aud panithed for" thealing, th:
aloches. A- it pit We tfavellius

to Georgia, who-had placed her Conti.
ence in mid, WAS Che NEXt odject of.

ray rapacily 5 frou her I t{tolesteveral
pol cu rines ana foes money ; bat
seek eneltre was tully recompenied by.
a re(turation of the property, andthe
fatisfaction. of whipping we herfelf in
Aupuita, 1 was fvon tound:at Black
river and Pedee again, tne nurlery of
all wy crimes, at which firit place, ina
cowpauy-Wwibh ene Wailaee, who al, :
{ited me ie breaking Georgetown

rloditer Back over s3,ain, ere dunte

upon my back, “for flealing the horfe
af Mr, Axouw afore fala ; sand f wastrie .
rdin Georgetown, by the nang af:
Willis, Damels, w hhicta Lihen gation
sayin, wis cunvicrad? rand feywtence ot
weath a juin pated updnaneand a fe~)
¢ ¥ cond time pardoned. Ywree dex ers

enced t cheomercy of the bxueptive, «it
ring nie adimgrittr: tjon—that of Guy,

Valudevhorit, Burtreither mercies nor
Jjudginen.s could fotien or reeliin |
was eed ) fat wept oF with the pere;
pebratien of my crimes, in a oft :a-
pri ficceffion. 72

I next broke open.a Thane: on
a ynch! s creek, foam which TE tool }
iowme cleraing, ate tr ravaliad on te R- |
dithe fawemiils, Where Tttole a harfey
from C apt. Campbell, Per this t way!
arretled ia: Waid. poses and oder A
ed hie Wrancgeburg geal 2 bui the aid
tabla, being throws off ‘ot bis gnard, |
axa hapzwaich be indulged hint cit
In on the! ways Twas furnit thed wich
Ai_Op jeri wuity Or eleape, Tow favour:
Able fur me tusieplest, Toten ited
myfel: with another hoyre, in ay ufs-
al way,sat the pieysoree houle 54h
aud ibe (awe nips fle a prey mare
ithe faine neig isle surnoed, and made

hore refelved to avandad my Vicle ud
couse of hfe, uns becume an botety,
mans ouch feonrecurned. te iy hke
the day iv hie vont, aud the- fwined
hat was walhed,to hi¢ wallowing. in]
tne mire.” f went, to Not tu-Cacolrisa,
woere | tole a iferte, “une vt ibatitbhe:
hae fiwail Lutes, Gud pelurmed —te
Georpriewa, Where. d_was tnaiieven |
aml tried for Cealing the- horde ot a
Mew Parewell faiths cats Lois real
ti MnOcY st, ated vas wee witvetie F rom,
Uais twee Nehlurte teres P Mikdte. j
tule dD hasie teoim_a wupconer,” and
fume caithe nea: akree. Fortthede.
(we jait ofeaces, Lwas. comctted tu
Camden ial, trom: wich once more
made my efcipe. Pftogie went to sy
vid Aauut again, Pedge, where] foie
jue cites, and w pair af piltols,
At Cheraw Bluik LT tormithed mryteit
vith he wholeoappararus tor trovei-
ling, lasing fran wine po: ge a korie,
fad. lie vad brivle, (addle? bigs, Doi at
qui auntity of slothiogs Vines ar rayed
inworte tian burtuwed ommanments,
Wet ti Leuoir couaty, Nori Caroli
ua, courted aat martied a very de_
cent cud reputable piri, by, ne uame
of Sally King. With tisis dbluded i Ms
nocent, I lived one month, wearing
the alvmed. name of Jawes Raanlay.
But havinggnofelith for the mnocest
cujoyments'e! domertic lite, and fnd-

on
TAM s,

ing wyieit a hiecle embarrafled, | (oen
exchanged my bridal bed, fora pri-
fim couch iu Rowan gaol, Lhad fte-

len one horfe in Rowan, and onc in
Randolph eeanty, For the former }
was {entenced=eterwur was a third
time pacdoned, on a condition of
twelve snonths imprifenmeni, Yet
witne(s the wmiferable effecis of thele
repeated a@s of executive clemency.

jan iniamuns lic,

J ihall clefe my Cy Trig lips. WW esc

d ~
horde, or other property, circum.
‘thane: 8, of pilliatinn or excufe, om %
Jomeotimes be offered, ‘Hob h I pr-~
fume to ofer hone 5 but, tay go bald.
‘ly iwroa court, fwered re jyitice an
tuivth, and into the preference. wf thi:
Sindy: Whois of Ppurer eyes, than te

ysh. tad iniqnite, -and impudenily ¢>!!
on bin, te be wichels to tae uth of
1s WIKhOUSaled ations J
and €vin ess adeyres of turpcude ae
hearty ef whieh) 1, difere, did uct
Cink omy lelRcapable.
Flere ends the narrative ef my °
Crenars 3 ; fer, frau brs time, Bede,
dtd hits: howe been the farhfal. fe
curities of ay good bekaviour |]
tue there Tpace of 15 years, ory formac:
tive. WOT Es J have 26 times. lorfeir.
J my |e; had juttice rip! ty en!
force ‘diver demands 5 § tires 1 hove!
defrauded her of her aiiets roby ets
Canes fromynriion 3 Sc tiunes have J:
heen fairly camvieted of the crime.
For wih.tes ] aw nas rl; ez time:
thelawtul fentence uf deato tas been
pranouncc’ is my fars.3 anu 3
ine “Ue edgy mercy. of icie EXEC!
uve hak faved tr 3 out itisnow exe }
‘vaulted 2th bas been’ profliruted u:
have thusfer3, Dhave (hill ke seen:
ay neck, wetw ithflanding psy aman
fieproois 5 eral l {hall . fuddeniy by
4c itrey al, oad, perhaps, Ww&ioug re.
“ine dys. Oner wore of suinehaTiont
pargnts: “and, pVardians—ot-¢ petro
Woeost cu .
J ceTbenepigtey this Wideots ii ct ire 6
ny pait itv, awe: hedr_the’ idea
ereiguony £- Ow take ae thar- mt
own father be Cube dines f that J
dave 7 RAE te d.tlese nich ed 4
aut waidked fis werk, confides oh.
sminhtnte guarpe rctts Or your-hands ; ;
“that motoniy the charaMers anid live ,
ut even the ciernal bappiue’s cf
thele, “bom God or man, bes cum!
nitied te your care, depends on you
exaniples, aud on ve takhful dif.
charge. ef the duties you aw C;, até
ihe,’ to God, and to yeurleives"y
thatit you. jaithfully pertorm then,
you feeure your OWh peace an.
trar guility uf iniind, aed render thém
a blediing io thcir families, and: an
ernamert to fociety s Burt if you. ne-]
giect them, you plant trerns in yous
own pillows 5 yeu tntdil fhame and
difprace onthe objects of your tofter-
inp carey and if, in the end, they
tall, 28 L co, ther blvod wil ‘be re.
goued at your hands.
WILLIS DANIELS.

EER TEES
ROYAB ANTIDOTE.

Chien s s'

Sh aS, 80 AO, SOIT a
fitete Yo the uc
‘by heeting: the -
on hits face a
te killed them
when very
to perferm thos
~~ Dops ane rats
nis mercilefs uw
2 uby

nals,

Yank

Taping,
dediteris,
eye Theabos
Preand, a vetins,
"Fis comrade in
on beard: kine
vre Cent end v
ohenfecs him f
Vier the fio
he was,iaci force
vale aetian, fine
UEP pry, AMA BE
aita mag's ley
ing by befere tin
iy, nnd was te
t failor firatelse
NYEwW atever bo:
Since be cao
ae eat one won
rare, Bur
‘a, Wo reaw ineat
Ndraele Cheetegiin |
Jating- the pall
¢ complains |
yrantiny, 19
nuth ne bedtile st
ble ofG1 Gey
three]
‘few pow
re day, “Ay hy
Cpelai. “cS, wi
waver, it his a.
ferded,
‘His Jubs wet
arty a ot hier ee
“ie geners firy v
ave hun a faare
tor is bis foi
@ or when in the
atientn reiuin:
nes, Dewery
perfurns wis to:
nach never re
ve never ‘vam
contents, or he
Wifhing fair
@ aciuaily arn
the och Sepr. ir
the morning, be
vounds of raw
sath mine in pre
(ler, comaif—
wounded feam
nis ‘fon, Mr. t
foners, und feve
tleman, he ex;
follows: ‘Sher
ve peunds of 5
tallow candles
each, and one t
® The French
thio tsuve teaint.
their own natie

Gusravus ADOLpnus, king of

Ou my way howe from jitifon, nore

withitanding [had in view the flatter. |

“Sweden, underfanding that two of."
ficers of his army were about to fight

the following d
fix vuuncés ef L
beef, halfa f
ounces of but

ing alfur ramces of forgivenels,, pad. a @ duel, aed a vine for the. cemba- cheefe,

° 2 be oe

‘
. i: the

DAMONAKXXWHS FAX

1h 9 SC on 5-16-1800,,,
ABSTRACTS FROM NEWSPAPERS OF WILMINGTON,
NORTH CAROLINA
: 1798-1800
VOLUME II
a
t
F
! 264
W7
F68
1984
RAYMOND PARKER FOUTS \4
att #3 fy. a oa

(542) (Cont. ) me. My mother was a pious good woman. At about 12 years of age, ]
went to live with Mr. John BAXTER, on Waccamaw river..and ran off from him in @ shor
time, and lived a little while with a William MORGAN and James PARKER, but soon left.
them and returned to my parents. .- Between..12 and 15..I stole for the first tim
two pen knives from a Mr. DAWSON, and some clothes from a Mr. TINNULY?.. At the age
of 15, I went into a kind of shameful co-partnership with my father, in stealing hog;
&e. and lived with him some time, in constant habits of marauding and plunderip;
our neighbors.. I then went to live with a Mr. TIMMONS?, who was an honest man, ané¢
tried to reform me.. I left Mr. TIMMONS. I then travelled to Charlestown, and en-
listed in the service, under Capt. ROBERTS. .about two months and then deserted; was
soon taken up and flogged for my desertion 100 lashes.. In a few weeks, I again de-
serted, and returned to Pee Dee. I then went into North-Carolina..I stole a horse
from a Mr. PICKET, was taken up, and put in Wilmington gaol, from which I soon foweé
means to break and escape. I then returned to Pedee.. I stole another horse, fron
a Mr. M'CRAKAN, and took him off to the mountains, where..I changed my name to Rich-
ard BROWN.. My next theft was a horse and some clothing, from one Duncan GRIVES, fc
which I was apprehended, and tried in Fayette, N. C. I enlisted under Robert
CRAIG, a recruiting officer in WAYNE's army, where I staid 17 months; but then..de-
serted. .. I stole no less than five horses, one from @ William GOODWIN, on Pedee;
one from a Mr. JENKINS, on Santee; one from a Mr. HICKS, near Augusta; one from a kt
Elijah AXOM..and one from Mr. DOTY, on White Marsh. From a Mr. PARKER, near August:
I stole 25 dollars. From this I travelled to Kentucky... In Virginia I stole one
from Mr. Aquila SUGGS, for which I was apprehended and tried in North-Carolina. (1
stole) saddles and bridles.. For a theft of this smaller sort, I was next committe:
to Chester goal, Pinckney district..7 weeks and then escaped.. From Mr. Brian SPRA
LEY, of Camden, with whom I some time lived, I stole..clothing, and a pair of saddl:
bags, and made off..to Statesburg, where I stole a horse, saddle and bridle, from e
Mr. WHEELER, for which I was..committed to Camden goal, but broke goal and escaped
before trial.. I was tried in Georgetown, by the name of Willis DANIELS..and pardo

I next broke open a house on LYNCH's ereek..took clothing, and travelled on tc
Edisto saw-mills, where I stole a horse from Capt. CAMPBELL..and made for Black riv
again.. I went to North-Carolina to George town, where I was indicted and tri
for stealing the horse of Mr. FAREWELL..and acquitted.. I went to Lenoir county,
North Carolina, courted and married a very decent and reputable girl, by the name ¢
Sally KING. With this deluded innocent, I lived one month, wearing the assumed ne!
of James RAMSAY.. I soon exchanged ny bridal bed, for a prison couch in Rowan g80°-
sentenced to die, but..pardoned; on a condition of 12 months imprisonment. . On wy
way home I was recommitted to prison..four months..and was branded with tne letter
in the left hand. In Johnson county, I committed other thefts, for which I was iD
prisoned, but broke out of gaol before trial. On the same night I stole @ horse..!
in Sampson county another, from a Mrs. CLINTON.. At Waccamaw, in South-Carolina,
stole some clothes, and a gum from a Mr. LOFTON; and 4 horse.. On him I rode to
Orangeburgh district, where I am to terminate my..career of villanies. In this di
trict..before I was arrested, I broke open a house, and stole a watch; stole @ hor
from Mr. PICKENS, one from a Mrs. DRAPER; last of all one from a Mr. NOBLES, for
which I am now to suffer death. .- I have one more crime to add. .of a more cri
dye than any yet enumerated. At the last November court, in Orangeburgh, I suffer
myself to be suborned as a witness for Silas PEACOCK, on his trial for the murder
his wife... Willis DANIELS.

Thursday, July 10, 1800. (Vol. IV.-No, 183.

(543) From the Aurora. Public Plunder. We have at length so far succeeded as ©

~Darcan, Richard

DARGIN ‘, Rebert | 7.
PO, 00 OF 2098 9:9.0.4

A black man was to have been hanged in Bennettsville,

S. C., for rape on 10-19-1906, according to Atlarita —
JOURNAL, da te not noted,

Sem $20 Co~Femn Sap
According to undated Chiésgo TRIBUNE, 1907, con-

taining 1906 execution listing, sent by Massey,
Robert Dargin, black, was hanged at Bennetts-
ville, S. C., on October 19, 1906,

Pep The State’ (Colum bra SC paper) /o/40/0b {53
On We/06 he reped Ms. Lucy Ain Patterson th her heme 51x
mules horth of Boinativile

‘Atlanta Constitution 8(29/87 Ie

DANZEY, Talton

Talton Danzey, black, hanged at Camden, SC, on
8-26-1887 for murder of Noel Perkins. ,

undated 1888 Chicago TRIBUNZ, sént by Massey &
containing 1887 executions list,

Noel Perkins had extyeied corraled a stray a of on" ‘
4/1/87 Danr went to Perking' house uest the
ony me ox ae Perkins ation 7 re a
ich Daney refused. Sometime later n2y
eg A kine in the Street and picked a #} ht with him
during the heat oF which he Stabbed him te death.

ry ln? 1¢ yay kT "Fa Kh h "2 2 “ 4
YANGON, Dock, bl, hanged Bennettsville,

ewe
THE FRUIT OP TAE GALLOWS,
oeomtiementi ite acer rome

Doo Dargan Pays the Penalty of Murdor_

at BennottsylillomNot a Soul of his Kith
and Hin Present at his Death, —

BENNRATTSVILLK, September 14.—Special:
Dock Dargan, who killed Wilh CG. Cox
on Apri] 28 lust, was hanged here thiy
moming. He ascended the gallows: at
eighteen minutes to 11 o'clock and re-
_ mained perfectly calm. On bang aske:d
by tho sheriff {f he had anything to say, he
replied that he had nothing to say excopt
that he wanted to behanged at once. The
trap wax thrown at fifteen minutes to i,
His neck wos not broken,
Ktrangulation within twenty minutes nnd
hia body was cut dowa at 11.88, None of
his relatives were present or even in town,
The sherlif will bayo to take charge of Dar-
an’s body, The Gordon Rifles were on

aquty guarding the qe) lust night and tos
day, but had no trouble,

Ile ded from

3C 9-14-1888

Mistory of tho Crime,

On April 28, 7888, Willfam N. Coxe, a youth
of about 18 yeare, who lived tn Red Hill town-
ship, Marlboro County, about six milea from
Hennetlsaville, wont to that place, aud while
there cnrolled his namo as.a memwbor of the
Gordon Lafles. On his return home that ufter-
noon he was mot by Doo Dargan, a negro

/about 17 years of age, at McDaolel'’s Mill, A

| mained outonly a few m

fow words passed between thom, when Dargan
firod upon young Ooxe, killing ht 1 {netantly.
The testimony at the coroner's Inquest, held
on the night of the ururder, conclusively osteb- '
Mahed tho guilt of Dargan, and that-he had
committed the bloody deed without provoca-
top. Vheo murder wag done with a double.
barrelled shotgun, In his eyidence before the
coroner's Jury W. N. Hawmllton, after dotalling
the clreumastanoca: attonding- the -tragedv,
AWOrU; ye all of the ciroumstancos
together, TI think it was one of the most oold-
blooded and atrooloug puurders that lias ever:
occurred Jn Qhe county.”
Jho verdtet of the Inty of Inquest was “tho
deceased, Wil4am N. Coxe, camo to his death
by wn gunshot wound tn the hands of Doo Dar-
gan.” The ncevecd was arrested the next day
and putin Jail to owald trial,
Tho friends of the ¢ ewer wero so Indlg-
mptoverthe va a wl 2 thrpatenadto take
JYaryan out of jall and lynch him,and would
very probably have done so but forthe asslat-
anos rendered the sherlf by the Gordon Rifles
fn yuarding tho privonor. Ilo was tried bofora
Judue Korabaw at tho Juno terin of Court, be-
Ing ably represented by Townsend & Me-
Laurin, The evidence brought out on thetrial
was (he eaine as that given a the coroner's {14
quest, and wns £0 7 a that the jury re.
nutes when thoy roe

turned with a verdict of “wnilty.”” Darga
was seontonced to bo hanged.on the ]7tho
Avguat, but tho exeputlon of the sentenoe was
postponed until to-day.

“Sr ~

Néu55 aud CorkIEh
Mhckiste SC
LIS IS FF

ARNEY, Roymond, bl, elec. SC (Florence) May 7, 1954

’
'

THE HEADSMAN OF

The gruesome mystery began with a search ;
| for Henry Allen and Betty Cain, missing
from Henry’s bloodstained car. What had
\ happened to the sweethearts, above?

a ie "POLICE FILES ¢ -, POLICE FILES
i seaman

POLICE FILES, May, 1954.

Fe J ong

Behind this schoolhouse they found Harvey Allen's auto, with
its windows smashed, tires muddy, blood staining the interior

Hanna and Williams decided it was to the state crime-detection labora!
too late in the day to drain the pond; in Columbia.
they put that off to the following morn- The searchers had covered mos
ing, Tuesday. With most of the others, the ground but Sheriff Hanna was
they drove full speed to DeWitt’s Bluffs, satisfied.
eager to study the place before dusk “Let’s work in a circle, spreading
fell. a little more each time we go arow
. Totheir trained eyes the evidence was he suggested.
clear. Blood had soaked into the ground A short while later a.man mutt
at a dozen places. Bits of broken glass an oath. He had stumbled and alp
were scattered around. A dozen yards fallen over something. And then
away, half hidden by bushes, was a shouted for the others. It was a shc
tree limb that had been cut recently. and even in the fading light the bro
Approximately an inch and a half in ish stains on it were obvious.

agian}

1 4 diameter, it was covered with blood. Sticks sharpened at one end \

‘ null % #3 y+ Be ‘ iad, “Williams found no prints on the tree used to probe the ground and fin:
il ; bs Bae ; Nea limb. It, together with Betty’s clothes just as darkness was closing in,

n nics ' ; ; ; and the T-shirt, were sent by a deputy man pushed his stick several inches

a soft spot covered with gravel

pine needles. This spurred him or

‘ In a few minutes he had scrz

away the soft earth and uncovered
- body of a girl. It was drawn up

este * . placed on the ground. °
Ra And a fresh horror was there be
; them.

The head had been crudely sev
from the body! .

Betty Clair Cain—for this mus
Betty Clair although no one there c
be sure—had been slain and dec
tated and her body stuffed into
crude grave.

Why? Why in Heaven’s name w
anyone do something like this?

And what had happened to the yx
man who had been seen with her le
the model youth, Harvey Allen?

A thorough search of the grave f:
to uncover Betty Clair’s head.
could it be found anywhere in
swamp area as the night shadows ;
and blackness covered everything.

This was indeed a horrible, sh
ing crime. Here was one criminal

. must be found.

DETURNING to Pamplico, Hanna,
liams, Cross and the other ofl
tried to visualize what might have
pened. They agreed that several tl
previously puzzling now seemed
into a logical trail.

The bloody T-shirt in the tot
barn, for instance. Possibly, afte:
* girl was beheaded, her ‘head

wrapped in the T-shirt and plac:
the trunk of the car.
“In that case,” Williams sugge
“it must have been concealed ir
vicinity of the schoolhouse or the b:
me A thrown in i og age ol Laer
ay ng to drain
Sheriff John Hanna: He knew a oe in Met tml
country boy wouldn't stray far The laboratory report was hand
the Sheriff a few minutes later. 1
bit of the blood found on the tree

“Now, what would anyone be doing
barefooted out here?’ Chief Cross
asked. “This is Winter-time.”

“Maybe to save his shoes,” Hanna
replied. “Or maybe his shoes were cov-.
ered with blood and he had thrown them
in the river or in that pond over there.”

They were given little time to specu-
late. Another messenger dashed up;
another discovery had been made. On
the banks of the Pee Dee at a lonely =
spot locally called DeWitt’s Bluffs, men
had found broken glass and dozens of
bmn signs that a struggle had taken
place.

‘Chief Harvey’Cross: He
suspected car trouble

Until almost nine, the kids
were seen in Pamplico

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State.

Betty's clothing, the T-shirt, and in the
car was the girl’s type. None matched
Allen’s, which had been learned from
his Army records.

Was Harvey Allen still alive? If so—
where?

Sheriff Hanna decided to ask all
newspapers in the state to publish a de-

scription of the youth, giving his height, :

weight, age and the clothes he was
wearing, and requesting anyone who
ae him to notify his office immedi-
ately.

Tomapay morning the search for
Betty Cain’s head was intensified.
Business in Pamplico and Latta, as well

as in most of the county, came to a

standstill while almost all the able-
bodied men and boys joined in the
search.

Sheriff Hanna and his deputies were
kept busy running down various reports
that Harvey Allen had been seen in this
or that town. Each one proved false.

Four hours were required to drain the’

pond. When it was empty, only a few
stones, sticks and rusty buckets were
revealed. The disappointed workers
moved to DeWitt’s Bluffs to drag the
river below the point where Allen’s car
had been parked on Sunday evening.

And the mystery of Harvey Allen's
absence deepened. © :

No one would speculate upon him or
make any open conjectures except the
youth’s family and friends. .

“He’s dead, too,” Romie Allen, th
father, stated flatly.

“When you find the head, you'll find
my boy’s body.”

Meanwhile, deputies noted that Billy
Lignone was taking no part in the
search. . They questioned the sullen
man and received unsatisfactory re-
plies. He flatly refused to say where
he had been on Sunday evening. In
his pocket was a bloodstained knife and
he said that the blood came from cut-
ting up rabbits.

But the immediate problem was. to
find Betty’s head.

Hanna and Williams spent an hour
poring over a map of the township, on
which the Sheriff had marked crosses
denoting the schoolhouse, DeWitt’s
Bluffs, the tobacco barn and the pond.

Since the barn was midway between
the schoolhouse and the Bluffs, they
reasoned that the killer had slain Betty
on the Bluffs and buried her there, then
driven to the barn to dispose of the
T-shirt—and possibly the head—and
then gone on to the school, where he
abandoned the car. 4

“That's far from positive,” Williams
reminded the Sheriff. “The head,
wrapped in the T-shirt, apparently was
in the trunk of the car.- The killer
could have gone straight to the school,
left the car there and on foot carried
sd head, wrapped in the shirt, to the

rm.” >

“How would you account for the red
mud that covered the wheels? We
didn’t find any on the Bluffs.”

Williams shrugged. “I was simply
pointing out that we can’t be sure of
anything at this stage.”

“Then we'll make sure,” Hanna de- °

cided after minutes of deep thought.
He placed his finger on the mark de-
noting DeWitt’s Bluffs. ‘Here is the
starting point. Over here, three miles
off, is the schoolhouse, and here, half
oi mile from the school, is the tobacco
m. ‘
“Somewhere in that crude triangle,
I believe, Betty’s head is buried. To-
morrow we'll get as many men as pos-
sible and have them go over this ter-
ritory inch by inch if necessary.”

QHORTLY after dawn Wednesday
morning the search began, with
men who had hunted for game in that

- wild, densely wooded section taking the

lead. Hanna and Williams, seeing the
hunt well underway, returned to Pam-
plico. There the Sheriff was told that

_& tenant farmer named Graham, who

lived near the school, wanted to see
him.

He was waiting in Chief Cross’ office.
His wife, Rosa; he said, had a story to
tell them—about what she had seen
early Monday morning. °

The officers accompanied Graham to

his home and Mrs. Graham repeated
her story. She had been awakened
some time after midnight Monday
morning by the headlights of a car
flashing across her window.

“I went back to sleep,” she said. “But
in the morning I got to wondering. You
see, that’s only a field out there, not a
road. It’s been years since any car
drove over that old abandoned wagon
trail that the sawmill cut through the
woods once. By now the trail is so over-
grown you’d never guess it was there.

“But it was a car, all right, out there
in pitch darkness.

“Come on in my room and I’ll show

ou.”

Standing before her window, the of-
ficers looked out over a cornfield ap-
proximately five acres in size. Woods
enclosed the field. From where they
stood they could see no sign of road
or habitation. 4
’ They talked further with Mrs.
Graham and were convinced she hadn’t
been dreaming.

By mutual consent the officers left
the Graham house and walked across
the cornfield. The field was almost cov-
ered with broken cornstalks but it was
not frozen. Halfway through it, they
found the foot-prints of two persons,
walking side by side, both wearing
men’s shoes.

Following these prints, they crossed
the field and entered the woods.

However, they carefully covered sev-
eral of the clearest tracks, to have M. N.
Cates, State Identification Officer,
make plaster casts of later.

At the end of the field they knew Mrs.
Graham hadn’t been mistaken. Tire
tracks were clear and fresh.

Following these, they saw where a
car had been driven to the edge of the
field, turned and headed back, straight
toward the schoolhouse.

“One thing is dead certain.” Hanna
said flatly. ““Whoever drove this car is
a local man. No one who is not mighty
familiar with this section would know
about the wagon road through these
woods.”

IX THE light of this new development,

the officers were forced to revise their
theories about the trail the car had
taken from the Bluffs to the school.
Instead of being driven from the Bluffs
to the tobacco barn to the school, it had
gone first to the cornfield.

“Why?” Williams asked tersely.

“You know why—to get rid of some-
thing.”

“And that something, whatever it is,
must be right around here.”

The Sheriff returned to Pamplico to
recruit another searching party. Back
at the cornfield, he ordered the men to
spread out, about five feet apart, and
walk across the field from end to end.

In spite of this and the alertness of
every man in the party, they had cov-
ered the field once and were going over
it again, at right angles, before some-
one called the Sheriff's attention to the
hole in the ground.

“How about it, Sheriff?” this man
asked. “Think anything might be down
there?” —

“We'll see,” the Sheriff declared.

It wasn’t much of a hole and weeds
had grown so heavily in its mouth and
around its edges that at first glance it
seemed to be only a patch of wild grass.
However, poking into the center of it,
the men found a few rotting timbers
stretched across it.

“I used to work on this place when I
was a kid,” one of the posse said. “It
belongs to State Senator Clyde Gra-
ham. And as I remember, he had a deep
well somewhere hereabouts. Maybe
this is it.”

. If so the well had been filled in re-
cently for loose dirt was only a few
feet from the top.

Tension gripped them all as a deputy
went for a shovel and started digging.
From the start, everyone realized that
he was digging into dirt that had been
disturbed not long before.

It only took a few minutes. Two feet
down and they came upon a girl’s coat.
Under it was a head, with hair that once
had been blond. Then, in quick suc-
cession, they brought out three oil-
soaked burlap sheets of the type used

for weighing corn husks and cotton; a
man’s coat, and the body of Harvey -
Allen, which was thrust head down into
the well.

The fate of Harvey Allen was a -.

mystery no longer. But the double
crime, the most horrible in years, was
no closer to a solution than it had been
before. Who had killed these two? How
find him?

SOMEHOW the news had spread that *

the head and body were about to be
found. When Williams and Hanna
emerged from the cornfield carrying
their gruesome burdens on a-stretcher
they found a crowd of curious, angry
people.

Williams climbed on the hood of his
car and faced the crowd.

“Folks,” he cried out, “there may be
valuable clues in that field and woods
and we don’t want anybody tramping

in there! I’m warning you here and =

now; anybody who goes in there will -
be immediately placed under arrest on
charges of trespassing. And we don’t
want any hasty action against anyone.
ag Sac af will handle this killer, whoever

e yi

Evidently his words carried weight,
for no one moved and within a short
while only the deputies left on guard
were there.

Tired, Hanna, Williams and other
officers of the State Law Enforcement
Department who had been sent to
Pamplico to aid in the investigation,
discussed plans for the next day.

Obviously, only a person quite
familiar with the territory around
Pamplico could have done as this killer
had. Less than a dozen persons knew
of the old, abandoned well, and those
few lived within one mile of it. Still
fewer persons knew about the old saw-
mill road.

Late that night a report came from
the coroner’s office. Both Betty and
Harvey had been shot, the girl behind
the left ear, the man behind the right
ear. Both bullets were fired from a .38-
caliber gun, at close range. Both heads
bore signs of terrific beating, probably
inflicted by the tree limb found near
Betty’s grave. Allen’s eyes were black-
ened and his face bore several cuts.

An earlier examination of Betty
Clair’s body had left no doubt about the
motive for this crime.

“Those oil-soaked sheets,” Williams
said. “I wonder if he meant to return
and burn the bodies.”

Hanna shrugged. “I don’t know
about that but I do know they may be
a@ good clue. If the killer lives around
here, maybe we can trace them.”

Although many suggestions were ad-
vanced during the conference, the
officers finally decided that the first
thing, and perhaps the simplest, would
be to question everyone who lived near
the abandoned well. There were only a
few. And rather than wait until morn-

ing, before alibis could be hatched, they . |

decided to start at once, late as it was.

Almost at once they struck a lead.
A farmer who lived half a mile from the
schoolhouse told them he believed the
ing burlaps sheets might belong to

“Leastways,” he declared laconically,
“I loaned three of mine to a neighbor
a few days ago and he never did bring
them back.”

“who?”

¥ Ca:

abe
ze

5
s

eee ihe
e
s

vi nh eng i ieee aii
°
>

td
z

“he UT

g
pe wast
j perhz

had :
bers :

“Raymond Carney. Lives over yonder ~—j ;7~—feren!

a piece.”

“Could you identify those sheets?”

“I sure could. My wife sewed ’em up
plenty and she could spot her own
stitching anywheres.” .

“For your own protection, where
were you Sunday evening and early
Monday morning?”

“We all went to church Sunday eve-
ning and then to Florence to visit some
friends, got home about midnight and
went to bed.”

At Carney’s cabin, the officers were
told by his wife that Carney was out. He
had left home early that morning, she
said, without stating why he left or
where he was going. ,

“He stomped out of here Sunday
night with his gun in his belt,” she said.
“And he didn’t come back till Monday
and then he just changed his clothes

; the n

i 4:4

eA ye RR MeN
Be ayin*
J
Q
oe
4

|
t
f
a

3 and cotton; a

ody of Harvey .

head down into

' Allen was a
sut the double
e in years, was
nan it had been
hese two? How

iad spread that
‘ere about to be
is and Hanna
nfleld carrying
on a stretcher
curious, angry

~ hood of his
“there may be

ield and woods......,
‘body tramping “<4

you here and

s in there will .

inder arrest on

And we don’t
against anyone.
killer, whoever

carried weight,
within a short
3 left on guard

ums and other
w Enforcement
been sent to
itigation,

lay.
n quite
around
oe as this killer
1 persons knew
well, and those
ile of it. Still
ut the old saw-

ort came from
%th Betty and
che girl behind
‘hind the right
red from a .38-
ze. Both heads
iting, probably
ab found near
‘es were black-
2veral cuts.

ion of Betty
loubt about the

2ets,” Williams
ieant to return

[ don’t know
w they may be
ar lives around
e them.”
stions were ad-
mference, the
that the first
simplest, would
who lived near
ere were only a
until morn-
e‘hatched, they
late as it was.
struck a lead.
a mile from the
Ps believed the
ight belong to

red laconically,
: to a neighbor
aever did bring

ves over yonder—

aose sheets?”
e sewed ’em up
spot her own

tection, where
ling and early

iday eve-
risit some

light and —

1e officers were
aey was out. He
st morning, she
vhy he left or

f here Sunday
‘ belt,” she said,
wck till Monday
ged his clothes

ii ae

ar aa

and stomped out again. With nary a
word to his lawful wife.”

A search of the cabin revealed half a
dozen well-thumbed murder stories in
Paper-bound backs. Williams leafed
through one and noticed that several
passages were underlined.

He read a few of these marked pas-
sages and handed the book to Hanna.

“Now,” he said, “I’ve seen every-
thing.”

There it was in the novel. Betty
Clair Cain had been killed, beheaded
and buried exactly as a girl in the book
in those underlined passages. Such
passages as “The grave was too small,
so he cut off her head so the corpse
would fit it’. And, “wrapping the
head in oil-saturated rags, he tossed it,
flaming, into a deep well”.

These were just two of the marked

ges.
Teletype notices were sent out

éthrough the South for Carney’s-arrest.

* Within an hour North Carolina author-
ities advised that Carney was known
there under his own name and also as
Jake Page. °

Carney had been arrested there eleven
times since 1937 for theft and larceny.
‘In March, 1953, while serving a term in
Wilson County, North Carolina, for
larceny, he had fied from the road gang
into some near-by woods and escaped.
He was still.at large.

But where was he now? Where had
he gone?

Once his disappearance was known,
more evidence piled up. One man told
of seeing Carney near DeWitt’s Bluffs
early Sunday evening, carrying a 38 in
his belt. Another declared that he had
noticed a small pushcart near the corn-
field bearing marks that might be
blood. Officers found the cart and a
test proved it indeed was blood. As
Carney was very familiar with the lay-
out of the Graham place—his home was
a short distance from there—he might
have used the pushcart.

4 Bor apparently he had disappeared
completely. Governor Jimmy Byrnes

» authorized the State to offer a reward

of $1,000, to which a Charleston news-
paper added $500. Still others offered
various sums until the total reached
$4,500.

As usual in such cases, Carney was
reported seen here, there, everywhere.
A ticket agent and a bus driver both
declared he had boarded a bus in Win-
ston-Salem and left it at Charlestown,
West Virginia. A railroad conductor
claimed Carney was the man who had
asked him, in Cincinnati, how to get

..to Buffalo, New York.

Hanna carefully investigated all
these reports but his personal belief
was that Carney was right in the state,
perhaps in the county.

“Raymond Carney is a country boy,
born in the country, and he has spent
most of his life here. He’d be plumb
lost in a city and he’d be picked up

"Or Mutilation"

had asked for bills with serial num-
bers and letter designations from dif-

- ferent Federal Reserve banks, none of ~

the numbers to be consecutive in any
amount. If the ransom were paid, it

7 would be almost impossible to trace.

4:45 p. m., Sunday. The San Fran-
cisco Examiner’s first Monday edition
reached the street with the ad prepared

kovitz reported to English that through
friends he would be able to put up
enough security to meet the amount
demanded by the kidnapers.

“My friends will be at the Bank of
America tomorrow. It will take time
to get the bills they want.”

The elder Moskovitz named his
brother, William; Judge Edward O’Day,
Doctor Samuel Sherman and Super-
visor Byron Arnold as persons ready to
act as an intermediary when the ran-
som money was to be paid.

within a couple of days,” the Sheriff
confided to some of his men. “He’s
pretty smart and knows he can hide

for days in the swampy -land on..both-

sides of the river.

“So, no matter how many people see
him in how many different places, we
won’t for a moment relax the search
right in this territory.”

For thirteen days the hunt went on,
gathering in intensity and numbers
rather than diminishing.

On Saturday, December 19, three
hunters, Delmas Moore and Hugh
Turner of Pamplico and E. L. Cox of
Johnsonville, while hunting near Jack-
sonville in the southeastern -corner of
Florence County, spotted a man squat-
ting before an open fire. As they ap-
proached, he ran toward a house half
hidden in the woods.

“Say, I know the fellow who lives
there and that wasn’t him,” Cox said
excitedly. “Do you reckon .. .”

But his companions, guns ready,
were already headed for the house.

They cornered the stranger, a tall,
gaunt man with a three-week growth
of beard and dressed in three layers of
clothing.

HERIFF HANNA saw the car stop

before his office. A man got out,
shotgun leveled. Another. followed him
and then the gaunt man, whom Hanna
instantly recognized as Raymond Car-
ney. A fourth man, also armed, was the
last to get out. They marched their
prisoner into the Sheriff’s office.

Hanna, acting on orders from Gov-
ernor Byrnes, rushed the prisoner to
Columbia, the state capital, for safe-
keeping.

After hours of grilling, the Sheriff
claimed later, he admitted the crime.

According to the Sheriff, he said he

had been prowling around, looking for .-

someone to hold up. At DeWitt’s Bluffs
he saw the couple parked and watched
them for half an hour. Then, when he
figured they were too absorbed in each
other to notice anything else, he crept
up and stuck his .38-caliber gun
through the partly opened window.

“I never meant to shoot anybody,”
the Sheriff quoted him as saying. “But

that man grabbed at my gun and it:

went off. The bullet hit the girl. The
man got out and me and him had a
fight. I had to shoot him to keep him
from getting me.”

That was all he would admit, the
Sheriff declared. Nothing about the
shovel, or the bloody T-shirt.

Nevertheless, in the Sheriff’s opinion,
it was enough. Carney was indicted for
murder January 4, 1954, and, as this is-
sue of OFFICIAL DETECTIVE STO-
RIES Magazine goes to press, he is be-
ing held in Columbia pending further
action on that indictment.

In this story the name Billy Lignone
is fictitious to protect the identity of an
innocent man.

(Continued from
Page 13)

7:20 p. m., Sunday. Raymond Vance
was located by inspectors in a board-
ing-house in the tenderloin district.
Half drunk, he foggily claimed that he
hadn't seen any of the Moskovitz fam-
ily in months.

Vance was viewed by Garage Attend-
ant McCullough, who couldn't identify
him as one of the men in the car. A
check on Vance's activities on Satur-
day afternoon placed him in a bar.

9 p. m., Sunday. Red-eyed police
inspectors, badly in need of sleep and
some with heavy stubbles of beard,.con-
tinued to make every possible prepara-
tion toward the big break when the
contact came that would name the
time and place for delivery of the ran-
som money.

Captain English decided that the case
was well enough under control so
Headquarters could be shifted back to
the Central Station in the Hall of Jus-
tice. “As long as we've got the news-

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ky” Castro, Jr.,
isco, broke down
ice picked him up
-ar-old girl, Linda
pipe. “I knew I
2 said, “but some-
yg me. I wasn’t
s just that some-
. When I realized
as too late.” What
:d boy and honor
was this: Given
id gashes, knocked
i broken three of
been charged
mit murder.”

Idhood. When they
. he bounded from
ip the scaffold steps.
the crowd. Sheriff
sut the clean, new
is neck.

said, “to sing one

en the sheriff
on’t be any music.”
id stepped back to
‘he trap. Tom Dula
ened and in spite of
ig.

- friends, my friends,

d cry.
ura Foster

ast evening
ee,
ing

friends, my friends,

the handle moved
id the trap opened
cking wildly, dropped
re end of the new
5 choked off in the

veral separate trials,
a complete exonera-
n to the warden on
e returned to Happy
old home, past
ing on the porch,
into the woods.
ong Reedy Branch, a
{ grasses and within
aurmur of the water
he breeze in the pine
“er of her lost love,
-nife in her breast.

The Secret Grip

continued from page 23

clothes were sent to division headquarters at
Columbia for laboratory investigation. By
day’s end the stripped corpse lay under a sheet
at the funeral home, nameless and unknown.
He was a nice-looking, well-cared-for man.
Somewhere someone missed him very much.

By the middle of the afternoon, Brown re-
ceived a phone call from Police Chief
R. B. Williams, of Easley, S. C., 85 miles
north. A 49-year-old Easley man, Roy Wiggins,
had been reported missing on Sunday, Novem-
ber 8, although he’ had disappeared from his
home on Day Street on Thursday morning, No-
vember 5. The description checked, the chief
said, including the dead man’s clothes. He’d
bring a member of Wiggins’ family down to
McCormick immediately.

Chief Williams and Wiggins’ son arrived .

early in the evening and were taken to the
funeral home. The corpse was positively
identified as Roy D. Wiggins, of Easley. His
father, the youth said had formerly been an
overseer in the Pinnacle Mills, although he had
been let out several weeks before and was
looking for a job. He had no enemies that
anyone knew of and when he had left home
early on the morning of November he had
less than $30 in his wallet.

Officers from every law enforcement level

were turned loose on the case. SLED sent
Lieutenant Vance Patterson, with “Seeb” Moss
and Basi] Peake. Sheriff Brown and. Deputy

- Cliff Fleming represented McCormick County,

Sheriff Clyde Bolding, with Deputies Wayne
Garrett, Waddy Brezeale and Russ Masters

_ handled the investigation in Pickens County

where Easley was located and Easley’s Police
Chief Williams represented the town. Under
their combined talents the list of known facts
in the murder mystery grew.

Mrs. Wiggins worked a night shift, at the
Glenwood Textile Mill in Easley. She had
come home at 7:10 on Thursday morning,
November 5, and found a note her husband
had left for her.

“Dear Rosie,” it began. “I’ve gone to see
about a job, I'll be back at 6. If I don’t,
you'll hear from me. I am leaving the car.”

‘It was signed: “Roy.”

A PS. read: “Keep this note as you will
need it.”

The coffee pot was still warm, she said, and
her husband’s shaving brush was still. wet,
so she figured she had missed him by less
than an hour. None of the neighbors had
heard or seen a car pick him up. His 1953
Pontiac was still in the garage. ”

HE had been writing insurance for the M. L.

Leslie Company, Mrs. Wiggins told the of-
ficers. Mr. Leslie had phoned her husband on
Wednesday evening. They had discussed bus-
iness and made a date to meet at about ten
next morning. The conversation was veri-
fied by Mr. Leslie.

It was important that the approximate time
of the murder be established. In spite of the
fact that medical opinion set the man’s death
as two or three days before the body was

found on November 11, Sheriff. Brown played .

a hunch. He recalled that it had rained on
November 5 and a check with the weather
bureau established that it had drizzled from
10 a.m. until four in the afternoon. Brown

recalled that the half pack of cigarets had been :

soaked and it may or may not have been from
dew. SLED officers returned’ to Columbia
and checked the dead man’s clothes at the
laboratory. They found that dye in the lin-
ing of his coat had discolored his shirt and that
a red-covered pack of matches in the shirt
pocket had stained the cloth. The match
heads had been dissolved and the stain had
even discolored the undershirt. It had not
rained near McCormick since November 5.
Here was positive proof that Wiggins had been
killed on that date and his body had lain for
at least several hours in the rain.

Once the time ofthe killing was settled,
it was essential to find how ‘Wiggins had

. travelled from Easley to McCormick. He had

no business in that section of the state, al-
though he had a married daughter living in
Greenwood, 25. miles northeast of McCormick.
When questioned the woman said, “I don’t
believe he came down this way voluntarily.
He wouldn’t have come this close without let-
ting me_know, unless he was in trouble.” Be-

- sides, she said, the entire family had planned

to drive down to spend Sunday, November 8,
with her.

At this point in the investigation no one
had reported seeing Roy Wiggins leave Eas-
ley. An attempt was made to look into his
background and character, his habits, his likes
and dislikes and his record of employment.
Wiggins had been a popular, concise man, neat
and methodical, a man with an excellent repu-
tation and characteristically friendly. His
chief hobby seemed to be reading true detec-
tive ‘Magazines.

E’D have been so interested in this if it
happened to somebody else,” Mrs. Thom-
as Finley, a former resident in the Wiggins
home testified. “I can just see him sitting around
with a detective magazine or the paper, talk-
ing about it and trying to solve the mystery.”
A daughter, Linda, told police that she had
been awakened by her father- moving about
the house either late Wednesday night ‘or
early Thursday morning: But, she added,
she did not hear or see him leave.
The match book clue stamped “Quinn
Spencer Gear Co.” was worthless. Employes
at the Pinnacle Mill stated that a salesman

from that company had distributed them free-_

ly while Wiggins was still foreman. A mou-
lage of the tire track found in the sand near
the old sawmill was of no use until a sus-
pect tread could be found to compare with it.
Coroner Keown stated he was positive that
Wiggins had been killed at that spot; had the
murder.been committed elsewhere, he doubted
that so much blood would have been found

near the man’s head. The slugs had been re-~

moved and sent to the Columbia laboratory,
but nothing could be immediately learned from
them except that they were from a .22-caliber
long ‘rifle.

An appeal.was made in iadis for residents
to try to recall if they had seen Roy Wiggins
on the morning of his disappearance. The re-
quest brought the information that a man who
knew Wiggins slightly had seen him on the
morning of November 5 at about 6:50, near
the Glenwood Mill crossing om the Greenville
highway. He had seemed to be waiting for
someone, the informant said. Wiggins’ son,

‘who came past the same intersection a few

minutes after seven, did not see his father. The
third shift at’ the Glenwood Mill had just
come off work and he had come down to pick
up his mother. Therefore Roy ‘Wiggins had
been picked up between 6:50 and 7 in the

morning by someone, probably by his killer.
Word reached the investigating officers that
one of the employes of the Glenwood Mill who
worked at a loom adjacent to Mrs.~Wiggins
had appeared to be pressing his attentions
upon her. Although it was a slight lead, they
called the mill worker, Marvin Chasteen in, for
questioning on Monday, November 16. He
lived near Liberty, he said, about six miles
west of Easley. He was a big, blond, hand-
some man, 39 years old, five feet, eleven inches
tall and weighed 195 pounds. *He was mar-
ried and the father of a 20-yéar-old son and
a daughter, 18. ie
((HASTEEN admitted he had paid some at-
tention to Mrs. Wiggins, but he described

it as innocent horseplay. He worked the
same shift, and on the morning that Roy Wig-

gins had disappeared he had left work with

the others at 7 a.m. and gone directly home.
He had not, he said, seen Wiggins near the
mill by, the Greenville road. Then his brow
wrinkled and he told officers that he did not
believe he had gone straight home that morn-
ing; that might have been the day he went
into town for a haircut and some shopping.
If it was, then he didn’t get home until after-
noon. But he couldn’t be sure.

He was released. The officers, however, re-
quested him to return the next morning, Tues-
day, November 17, for further questioning at
11. Meanwhile he should refresh his memory,
they told him, about his activities on Novem-
ber 5. The interlude would also allow them
to do some further checking on his alibi.

It turned out to be a fast and furious night.

Chasteen had barely left the office before a
tip came that a family in Pickens, the county
seat, only seven miles from both Easley and
Liberty, had been concerned about the story
of the Wiggins murder, and the fact that the
.22-caliber death weapon had never been
found. They had loaned their .22 rifle to a
friend, they said, on November 4 and it had
been’ returned to them on November 6. The
friend had borrowed it, he’d said, to go squir-
rel shooting.

When the Pickens family were contacted
later in the day, they said that Marvin Chas-
teen had been the man who had borrowed
the rifle. When he returned it he had stated
that he’d gone hunting with it the previous
day, November 5, and that he’d bagged sev-
eral fat squirrels. Wouldn’t Chasteen have
remembered that as an alibi?

The gun was picked up immediately and
several test shots fired from it and these slugs
were sent to Columbia to the SLED labora-
tory to be compared with the bullets taken
from Wiggins’ head. A report from the bal-
listics expert was received in Easley the next
morning at 10:30. The rifling marks .were
the same. The Pickens gun had been the one
used to kill Wiggins.

Chasteen was due to report back to the
sheriff’s office in 30 minutes. A deputy sent
to his home phoned that Chasteen had left
the house at 2 a.m. to report to the Glen-
wood Mill for his regular shift. When he
hadn’t appeared for the appointment by 11:30,
officers checked-at the mill. Chasteen had not
come to work that morning. By late after-
noon, after looking for him in every con-
ceivable place, the frustrated officers admitted
that their chief suspect, whom they had had
in their hands, had skipped town.

Chasteen’s family had no idea where he
might have gone. He had, they said, told
them the night before that he had been called

by the sheriff and

rin,” Bolding said.
fe took the officer’s
Reverend Bilis.

aid. “Now I’ve got

e minister said.
nmediately. to the
Mrs. Roy Wig-
rom Easley in an-
them were ques-
nt agents of the

utely nothing to do
‘I killed Roy Wig-

‘e,”

iately released.
tioners calmly. Al-
himself, he seemed
-hrough the prayers

:,” he said,

”

“except

i the most. fantastic
of officers had ever

‘gins last October,”
- -- why—it won’t
u think I was
doesn’t . matter

d with the idea of
ned to conceive a
e time original plot.
oom he considered
ild use to lure a man
a position where the
vith impunity.
was a secret service
knew Wiggins was
cht that would be a

his home one morn-
vas Hawthorne, that
-et service agent and
ted by his superiors
as for the past year.
vu,” he told his quar-
yne would suspect of
I gave them a good
told me to go ahead

etn skeptical, but a
convinced him that
e. The pseudo-agent
he would be con-
ier under-cover man
d. Meanwhile com-
maintained. Wiggins
ife. He was to await
ee whistles, one long,
at which time he was
se and the “contact”

Viggins’ house on his
) the morning of No-
sady borrowed a .22
Pickens. He had whis-
ace and Wiggins ‘had
a his pajamas. Chas-
‘~ in the dark and
rs. Chasteen had
had sent him to

s to be initiated into
day. There was to
the woods outside. of
was to meet him at
gnville at 8:45 AM.

Wiggins had peered at him, unable to make
out his features in the dark.

“How will I know you?” he had asked.
Chasteen had showed him a secret grip, with
the little finger of the right hand doubled un-
der, and said he would come up to him on the
street in Greenville and shake harids with him
in that manner.

Chasteen had then gone to work, after
which he drove rapidly to Greenville. He had
instructed Wiggins not to take his car, but to

catch a bus. The meeting was made on East -

Washington Street and the identifying hand-
shake completed. Wiggins asked Chasteen if
they hadn’t met before, and Chasteen, admitted
he worked at the Glenwood Mill to cover ae
real job.

They got in Chasteen’s car and drove out
beyond McCormick, to a spot Chasteen
had become familiar with as a boy. There,
he had told Wiggins, the secret initiation

‘would take place. He had said that part of

the ritual was that both of them were to leave

all their possessions in the car. Wiggins had.

emptied his pockets, leaving his wallet on the
seat and his gold pocket watch. Chasteen had
done the same. But he had taken the rifle
and two .22 shells.

When they arrived at the old sawmill site,
he told Wiggins they. were early and that they

might as well sit down and wait. They sat
on two stumps and had a cigaret. :

“I wondered how I could get him to turn
away- so I could shoot him,” Chasteen said.
“TI couldn’t bear to have him see me when I

aimed the gun. Finally I heard a squirrel up .

in a nest over our heads. I told Wiggins I

wanted. to shoot one‘ and asked him to keep

an eye on it while I loaded the gun.”
Wiggins had gazed intently into the tree

and Chasteen had put a shell in the single-.

shot gun and took careful aim and shot him
in the back of the head:

“HE just rolled off and lay still,” Chasteen

said. “I put another shell in and shot him
again. Then I walked back to the car and
drove off.”

He’d taken the money from the wallet and
thrown it, with other personal effects, into the
Clark Hill reservoir. He had driven back to
be sure Wiggins hadn’t moved, then returned
to his home. He had washed his car and the
next day returned the .22 rifle. He -found
that Wiggins’ watch had slipped down behind
the seat, so he took that and threw it down the
outside toilet.

He signed the confession and leaned back.

“Why did you pick on Wiggins?” a SLED
man asked.

Chasteen shrugged. “Why not?” he said.
He added that he had driven up into Ken-
tucky and run out of money and gas. He had
left the car there, he said, and begun hitch-
hiking south intending to get across into Mexi-
co.

“I would have made it, too,” he said, “but
the night I was about to slip over the border
something seemed to call me’ back. I don’t
know why I didn’t keep going. I didn’t hear
no voices or nothing like that, but everytime
I’d start figuring how to cross over my mind
would get fult of the desire to come home.
‘At last it got so strong I just couldn’t go on.
I came back.

“I don’t know why. I just came back.”

At this writing, Marvin Chasteen is being
held in the state penitentiary at Columbia,
S. C., awaiting his return to McCormick

‘County for trial in the February term of

court. He is still unconcerned over his cold-
blooded murder and often brags to other in-
mates how he had the law outsmarted by
making a clean get-away. But after tellfng
the story, after chestily asserting that they
never could have caught him, sometimes his
shoulders sag. Sometimes he leans against the
bar. Then his eyes go dead and his face slacks
and his cellmate has heard him mutter—“Why
the hell did I ever come back ?”

)

Don’t Make Me Talk

continued from ‘page 31

“Bobby’s home. We'll bring him right in.” She
turned to Bob. “Your sister Mary Lou has
been very sick. We didn’t want to write you
about it, because, well .. . you had enough to
worry about.” |

“What’s wrong with her?”

Betty answered him. “Polio,” she said. “She
got it several years ago, right after she gradu-
ated from St. Mark’s. She wasn’t able to go to
high school. She’s getting better but her spine
is weak.”

They all walked in to Mary Lou’s bedside,
the large family crowdirig into the small room.
A beautiful 17-year-old girl, with soft brown
hair, smooth skin and big brown eyes, lay in
bed. Bob sat on the bed and the girl flung her
arms around him and kissed him.

“Wow !” Bob said. “The last time I saw you,
you were a skinny kid with-freckles.”

Everybody laughed. Mary Lou blushed.

“She sure is pretty, isn’t she, Bob?” Betty
asked.

“Sure is,” Bob said.

Mary Lou showed her excitement. “The
doctor said I'll be able to go“out pretty soon,”
she told her brother. “I'll be able to dance,
and go to parties, and everything.”

They talked in Mary Lou’s room for a

while; then her mother suggested the girl go-

back to sieep. “You know what.the doctor
said,” the woman said as she tucked in the
covers. “You get lots of sleep. You'll have
plenty of time to talk to Bobby.”

The family returned to the living room, and
Robert took a Ccigaret out of his pocket and lit
it. Everybody stopped talking all of a sudden.
Robert saw their expressions.

“Does that no smoking rule still go here?”
he said. “I thought after six years .. .”

He shrugged and turned to Dave and An-
drew. “Let’s go down to the corner and have a
beer.”

The three older boys left the house. Walking

down the street, Robert said, “He still don’t
allow you to smoke or drink in the house?”

His brothers nodded.

“I took enough orders in the army,” Robert
said. “I didn’t think I’d have-to take anything
like that when I got home.”

“Take it easy, Bob,” Dave said. “You know
Pop. That’s just his way.”

ANDREW changed the subject. “I guess you
know Dick’s in the army. He’s. stationed
at Fort Lewis, in Washington.” ~
“Yeah,” Robert said. “Mom wrote me.”
They reached the tavern and went inside.
Back at the Velchek house, meanwhile, Billy
and Eugene returned to their homework. The
father went to bed. Mrs. Velchek and Betty

- had a cup of,coffee in the kitchen.

“I hope he’s changed,” Betty said.

“Now, now,” the mother said. “Don’t ,be
hard on him, He’s been away six years, and
now he’s home.”

“I know, mom,” Betty said. “I just hope he’s

-learned his lesson. He sure has caused’ enough

grief for this family.”

Mrs. Velchek wasn’t thinking about the
trouble her son had caused. She was happy
just having him home.

But Betty thought about it... .

The Velchek family lived in a modest eight-

room house on Fillmore Street in the Glen.

Park section of Gary, Ind. The father, Andrew

. Velchek, 52, worked for a large construction

company. David, 27, and Andrew,.26, worked
steadily, and Betty, 23, worked occasionally,
and helped her mother run the house. Richard,
19, was in the army. Billy, 15, and Eugene,
nine, were students at St. Mark’s School.

Mr. and Mrs. Velchek worked hard to rear
and educate their eight children. They were
proud of their family. But sometimes they

had had to admit that they weren’t always
proud of Robert.

Robert was 25, coming after Andrew and
before Betty. Somehow, he was different from
the other kids. As a youngster he was often
moody and would go off by himself a lot.
Other times he would come in telling tall
stories—big fat lies—just to get attention, it
seemed.

Twice the police had come to the Velchek
home for Robert. Once they accused him of
stealing bicycles. Officers cautioned Mrs. Vel-
chek about her son. She assured them Bobby
was a good boy.

When he was 15, Robert caused a sensation
in Gary, and had the police department in a
turmoil for months.

It started when he failed to return home
from school one day. His mother called the
school and learned he hadn’t reported that
morning. She called the police. Officers started
a search for Robert. A few hours later they
found his clothes and lunch box in a wooded
area in the city. It was feared the boy had
been kidnaped or murdered.

For weeks officers were kept busy chasing
down leads, picking up suspects. But no trace
of the boy was found for seven months.

Then he came home, alive and well. He had

taken an extra set of clothes with him the

morning he left for school, then changed and
thrown his other clothes and the lunch box in
the woods. He had hitchhiked to New Orleans,
wandered around and then decided that he’d
had enough.

When he was 19, Robert entered the
army. He deserted in 1950, was captured
five months later and sentenced to two
years in prison. He was released from prison
and given a dishonorable discharge on June
20, 1953. He went to California for a while.
Then he headed back east and showed up at

ean

in for questioning in the Wiggins case, but
he hadn’t seemed concerned about it.

Murder warrants were sworn against Chas-
teen in beth McCormick. and Pickens County
and to state, county and city police officers
busy with the search were added the na-
tional facilities of the FBI. His description
was broadcast and a fugitive warrant issued.
Police were asked to keep a lookout for his
car, a 1947 Ford recently painted black. Mrs.
Wiggins was questioned again; officers were
curious why his disappearance on Thursday,
November 5, had not been reported until Sun-
day, November 8. Mrs. Wiggins stated that
she kept hoping he had been looking into a
new job and would get in touch with them
by the following Monday. She knew. Marvin
Chasteen, of course, but she knew him no bet-
ter than she knew most of the workers in her
section of the milk.

HASTEEN’S background revealed that he
4 had moved with his family from Anderson

County to McCormick in 1918, returning to
Pickens in 1948. Neighbors told Pickens
County deputies that they had seen him in his
yard early on the evening of November 5
washing his car. He was regarded by those
who knew him as easy-going, pleasant and
mildly conceited, with a boyishness incon-
sistent in a 39-year-old man.

Efforts to find any, connection between
Wiggins and Chasteen were fruitless, beyond
the fact that the suspect worked at a loom in
the mill near Wiggins’ wife. It could not be
established that Wiggins eveh knew Chasteen.

In spite of the solid blanket of alerts spread
over South Carolina and adjacent states,
Chasteen could not be found. His picture
and description, with that of his car, was
posted throughout the entire country, in some
instances appearing beside the original notice
requesting identification of Roy Wiggins. His
home was closely watched and the mail in-
spected in case he tried to contact his family.
By the end of the week, after Chasteen had
been missing for six days, it was conceded
by officers on the case that he had apparently
been successful in leaving that part of the
country, and that their chances of an arrest
grew less each day. A man who could dodge
the network set out with complete thorough-
ness to catch him for that length of time
would have the opportunity to change his
appearance, to bury himself in any of the
country’s large cities or to even leave the
United States. Notices had been sent to all
coastal and border towns. Although their re-
leases to local newspapers contained official
optimism, behind scenes the SLED agents and
McCormick and Pickens County officers were
glum.. Marvin Chasteen seemed to have added
his name to the long list of fugitives who dis-
appeared completely following their crimes.

Mrs. Chasteen and her children shared none
of the anger directed against their husband and
father. They were quiet and religious people
and entitled to the sympathy and respect their
neighbors gave them during what must have
been exceedingly trying times. >

“Tf he would only get in touch with us,”

Mrs. Chasteen said, “we’d beg him to come.

home.” Marvin, she said, had given no indi-
cation of unrest, jealousy, anger or whatever
had inspired the slaying. They had main-
tained a daily and’ nightly vigil in the hope
that he would come home and either prove
his innocence or pay the penalty for the crime.

What followed is one of the strangest phe-
nomenon ever to have occurred in a murder

investigation. Chasteen was still free and
officers admitted they. had absolutely no lead

to his whereabouts. He could have become...

one of the countless legion who commit a
crime and flee arrest and prosecution and who

‘change their names and live -in peace and
.anonymity for the rest of their lives. Ob-

viously family ties were not sufficiently strong
to have either prevented the slaying, or to
have brought him home, and the police were
powerless to find him.

On the night of November 21, Chasteen’s
wife and children visited their minister,. the
Reverend J. H. Ellis, at the Pendleton Street
Baptist Church in Easley. They asked that
he lead. them in prayer to have God guide
Marvin Chasteen back to his home. They
knelt in his rectory and the prayer was given.
The family returned to their house in Liberty
and shortly before bedtime Mrs. Chasteen
called in her son and daughter.

“T have a strange feeling,” she told them, “as
though Marvin knows we have prayed for
him to come home. I—I’d Jike to pray for him

‘again. Maybe if the three of us .. .”

Again mother and son and daughter knelt
in prayer. In honest fervor they - asked
God to send Marvin Chasteen back to them.
The following morning the Reverend Ellis held
a special prayer service in which the members
of his church joined in his plea to their Maker
to bring their errant brother home.

The next morning,-while Mrs. Chasteen and
the children were eating breakfast, they heard
steps. on the porch. The door was pushed
open and Marvin Chasteen walked into the
room. His face was streaked with tears and
he stood there holding his arms out to them,
unable to speak.

“Thank God,”. Mrs. Chasteen said, and
went to him, putting her head on his shoulder
and holding him tight. “You’ve come home.”

It was a strange reunion. A man with the
shadow of murder over him sat down to join
his family in ywhat would probably be their
last meal together, and there were tears of re-
lief and joy in their eyes. If there was any
suspicion in their minds that Marvin might
have only returned for a hasty visit before he

.fled again, or that his coming back had been

due to anything other than the power of
prayer, it was quickly dispelled. Chasteen
looked up from his coffee and smiled at his

. wife,

e. e
“D° something for me,” he said. “Ask the

preacher if he’ll come over right away
and pray with me. For some reason I’ve wanted
to see him bad for the last couple of days.”

His 18-year-old daughter telephoned the.

Reverend Ellis at his church. ‘“Daddy’s here
and wants ‘you to come pray for him,” the

girl said. “He’s come back to give himself.

up. »”

Reverend: Ellis drove out to-the Chasteen
home.

Chasteen met him at the door. “Preacher,”
he said, “I’ve been wanting to see yen I
want you to pray for me.’

“After the prayer,” the Baptist sabilathe
asked softly; ‘“‘What then?”

“Then you can drive me to the sheriff’s of-
fice,” Chasteen said.

_At nine that morning, Monday, November
23, Shefiff Bolding of Pickens County received
the Reverend’s Ellis’ call.’

“Marvin Chasteen is with me,” the minister

said.. “We are leaving his home at this mo-

ment and will meet you at your office,”
They arrived at 9:30 and were met at~the

Pickens County Courthouse by the sheriff and
Deptity Wayne Garrett. ?
“Glad to see you, Marvin,” Bolding said.
Chasteen didn’t answer. He took the officer’s
hand. Then he turned to Reverend Bilis.

“Thanks, Preacher,” he said. “Now I’ve got
to go it alone.”

“We'll pray for you,” the minister said.

Chasteen was driven immediately to the
SLED offices in Columbia. Mrs. Roy Wig-
gins was brought down from Easley in an-
other car and the two of them were ques-
tioned by law enforcement agents of the
State.

“Mrs. Wiggins had absolutely nothing to do
with it,” Chasteen said. “I killed Roy Wig-
gins without her knowledge.”

*“ The widow was immediately released.

Chasteen faced his questioners calmly. Al-
though not a religious man himself, he seemed
to have gained assurance through the prayers
of his family’s minister.

“T'll tell you everything,” he said,
why I killed Roy Wiggins.”

“except

HERE followed one of the most fantastic
confessions the group of officers had ever
heard.

“I decided to kill Wiggins last October,”
Chasteen said. “Don’t ask me why—it won’t
do you any good. Maybe you think I was
infatuated with—well, that doesn’t. matter
now.’

He had become imbued with the idea of
the ‘slaying and determined to conceive a
foolproof and at the same time original plot.
While working at the loom he considered
countless amt he could use to lure a man
he didn’t even know into a position where the
man could be murdered with impunity.

“T decided to pretend I was a secret service
agent,” Chasteen said. “I knew Wiggins was
oyt of a job and I thought that would be a
'.good approach.”

He telephoned him at his home one morn-
ing and said his name was Hawthorne, that
he was a government secret service agent and
that he had been instructed by his superiors
to keep an eye on Wiggins for the past year.

“They need men like you,” he told his quar-
ry. “Ordinary guys no one would suspect of
being in secret service. I gave them a good
report and now they’ve told me to go ahead
and hire you.”

At first Wiggins had betn skeptical, but a
‘few more phone calls convinced him that
“Hawthorne” was sincere. The pseudo-agent
then. told Wiggins: that he would be con-
tacted shortly by another under-cover man
and the details arranged. Meanwhile com-
plete secrecy must be maintained. Wiggins
was not even to tell his wife. He was to await
a signal consisting of three whistles, one long,
one short and one long, at which time he was
to come out of his house and the “contact”

‘ would be waiting.

He had driven past Wiggins’ house on his
way to work about 1:30 the morning of No-
vember 5. He had already borrowed a .22
rifle from his friends in Pickens. He had whis-
tled outside Wiggins’ place and Wiggins ‘had
come out on the porch in his pajamas. Chas-
teen had approached him in the dark and
they had talked in whispers. Chasteen had
told him that “Hawthorne” had sent him to
tell Wiggins that he was to be initiated into
secret service work that day. There was to
be a secret, meeting in the woods outside. of
Greenville, and Wiggins was to meet him at
an intersection in Greenville at 8:45 a.m.

Wiggins had
out his featu
“How wil
Chasteen h;
the little fir
der, and sai
street in Gre:
in that man
Chasteen
which he dro
instructed W:
catch a bus.
Washington ‘
shake comple
they hadn’t r
he worked at
real job.
They got i
beyond McC
had become :
he had told
would take p
the ritual was
all their posse
emptied his px
seat and his gx
done the sam
and two .22 s
When they
he told Wiggin

Leeeeeeee ee

“Bobby’s home
turned to Bot
been very sick
about it, becau
worry about.”

“What’s wro:

Betty answer
got it several y
ated from St. \

high school. §
is weak.”
They all wa...

the large family
A beautiful 17-
hair, smooth sk
bed. Bob sat on
arms around hir
“Wow!” Bob
you were a skin
Everybody la
“She sure is |
asked.
“Sure is,” Bol
Mary Lou s
doctor said I'll t
she told her br
and go to partie
They talked
while; then her
back to sieep. ‘
said,” the wom:
covers. “You ge
plenty of time to
The family ret
Robert took a ci;
it. Everybody st:
Robert saw their
“Does that no
he said. “T thoug!
He shrugged a
drew. “Let’s go d
beer.”

ibout an uniden-
ssionless and yet
vn. The eyes are
ne fingers, curled
for some reason
ne lips and eyes.
ds tied the laces
ng he was alive.
ill face. Knotted
graying hair.

of cold flesh?

ussing him now?
have kids?

en he was found.

Janie May, dis-
vember 10, 1953,

“I couldn’t bear to have him see me aim,” said suspect, left, with Sheriff Brown. “I said I wanted to shoot a squirrel.”

while they were looking for firewood. The man was lying,

face-down in the grass near an abandoned sawmill site in
a rugged section of the Blue Ridge foothills five miles ‘west
of McCormick, S. C. Seventy-five yards away an old dirt
road ran down-slope to nearby, Little River not far from
where it emptied into the Clark Hill Reservoir. It was
wild country; the only evidence that man had ever been

‘there were some tree stumps and a mound of old, gray

sawdust poking house-high above the brush.

Sheriff W. L. Brown of McCormick County ‘searched
him without success; his pockets had been turned out. He
was between 40 and 45, Coroner James Keown estimated,
and weighed about 160 pounds and was five feet, five
inches tall. He was clean-shaven and had on, an oxford-
gray suit, tan shoes, and a white shirt and blue tie. Neatly
folded in each side coat pocket were two handkerchiefs,
one white, one blue. There were two holes made by .22-
caliber bullets in the back of his head, He had been dead,
the coroner estimated, from two to three days.

UE Se ¢
saa de

There were two tree stumps a few yards away and two
cigaret stubs at their base, as though killer and victim had
sat for a while and talked. In a-bare spot amid the brown
grass and fallen leaves was a clear tire track. By one stump
was a paper book of matches stamped: “Quinn Spencer
Gear Co., P. 0. Box 2728, Gastonia, N. C.” A half-emptied
package of cigarets lay near them with its cellophane
wrapper and tax stamps removed.

There was a pool of dried blood around the dead man’s
head.

These things were all the police had to go on.

They took him into the Strom Funeral Home in McCor-

‘mick and °called Police Chief L. A. Moore, who didn’t re-

call him ‘as a townsman. They sent his description out to
the state identification bureau who relayed it into every
sheriff’s office and police station in South Carolina, Georgia
and North Carolina. A special investigator from SLED,
the state law enforcement division, took his fingerprints
and sent them to the FBI. His (Continued on page 55)

STATE, y.

CRANK, Thomas, white, hanged Chester, SC, 3-1-1831,

CRANK *66

attaining full age, the powers of bis guard; when required by the Court of Ordinary.

an fo receive his funds eeused,
legal termination of the authority of the
guardian over the person and estate of his!
wird, |
part of the case to see whether the decree |
fixes the debt of the administrator to hin, |
as due after maturity, or during minority. |
If the decree was conclusive evidence that |
the debt was due at its date, then it would
be afier the ward had attained full age, and |
the authority of the guardian had ceased; |
but if only evidence that it was due at the |
date of his last return, as administratoy, 18th |
July, 1823, then it was during the minority |
of Samuel, and his guardian was intitled to!
receive it: and the defendant Jas. Cobb be-|
ing both the administrator and guardian, his
debt as administrator by operation of law, |
became chargeable to him as guardian. |
M’Dowell v. Caldwell, 2 M’C. C. R. 48 [16
Amn, Dee. 635). The effect of this would be
to discharge the defendant and his securities
to the administration bond from all liability
to pay the decree.

I have already had occasion to show that
the decree in legal contemplation is only evi-
dence of the debt due by the administrator
at the date of his last return. This result
was however obtained more by abstract rea-
soning than by a reference to the undertak-
ing of the administrator and his securities
in the bond. It will be satisfactory to see |
that this conclusion is in accordance with |
the liability contemplated by the administra-!

tion bond.(@) The condition of the bond is |
that the administrator shall ist, make and |
return to the Ordinary a true and perfect |

*6§5 |
*inventory of the goods and chattels and |
credits of the intestate. 2d, That he shall!
well and truly administer them according |
to law. 38d, That he shall make a just and!
true account of his actings and doings there- |
in, when required by the Court of Ordinary.
4th, And all the rest of the said goods and
chattels and credits which shall be found
remaining upon the account of the said ad-
minisiration, the same beiug first allowed by |
the said Court, shall deliver and pay unto |
such persons as are respectively intitled to,
the same by law. The 2d, 8d and 4th parts}
of the condition are alone those necessary to |
be noticed for the purposes of this ease. |
The adiministration of the goods, chattels |
and credits of the intestate, according to law |
would, perhaps, itself cover all the parts of |
the condition of the bond; but considering it!
as an independent part, we may fairly say
that it requires the administrator to apply
the assets to the payment of the debts ae-
cording to Jaw.

It was the; Where the adininistrator does his duty, this

is accomplished by his annual returns; so
soon as from these it appears that he has

It is, therefore, Tmiportant to this) discharged, the oflice of the administrator,

by paying all the debts; the 4th part of the
rondition requires him to pay over the resi-
due to the persons by law intitled to receive
the same. For when the Ordinary receives
his returns, examines and passes the debts
and expenses paid to his credit, his account
has been allowed by the Court of Ordinary:
und whe was legally intitled to receive the
residue at the date of the last return of the
administrator? The answer must be, James
Cobb, the guardian of the distributees. And
he being both debtor and creditor, the debt
was extinguished, and the liability of the
administrator and his securities ended. In
every point of view, therefore, I think, the
demurrer was properly susiained. The mo-
tion to reverse the circuit decision ts refused.

Bauskett, for the motion. D, L. Wardlaw,
contra,

Motion refused.

2 Bailey, *66
*THI STATE v. THOMAS CRANK.
(Columbia. Jan., 1831.)
[Lteported and annotated in 23 Am. Dee. 117.]

[fndiciment and Information €=?84.]
_At is sufficient in an indictment, that the de-
scription of persons, other than the defendant,

| be certain to a common intent: Thus, where

one was indicted as aeeessory to a murder com-
mitted by a slave: held sutiicient, to describe
the slave by his own name, without setting out
that of his master.

jiad. Note,—Cited in State v. Rudolph, 3 Hiil,
2597; State v. Posey, 4 Strob. 140; State v.
Scurry, 8 Rieh. 70; State vy. White, 84 S. C,
00, 12 8. i, 661, 27 Am. St. Rep. 783.

Yor other cases, see Indictment and Informa-
tion, Cent. Dig. § 227; Dee. Dig. G=84.]

[dndictinent and Information =>202.]

Want of certainty in the deseription of third
persons in an indictment must be taken ad-
vantage of by demurrer, or motion to quash:
‘he objection comes too late after verdict.

lied. Note.—Cited in State y. Rudolph, 8 Hill,
258.

lor other cases, see Indictment and Informa-
tion, Cent. Dig. § 646; Dee. Dig. G 202.]

[Homicide €=?156.]

In an indicment for murder, held, that the
wound was sufficiently deseribed as “one mortal
bruise.’ without stating its length, breadth, or
depth; and as having been given on the head
Without stating what part of it,

1d. Note.—-Por other eases, see Tlomicide,
Cent. Dig. §§ 224-228; Dee Dig. G-136.]
[Crouninal Law €=2878.]
Where oan indietment contains several

: ; counts, a general verdict of guilty may be re-
This is indeed the whole) ferred to such of them as are supported by the

oflice of the administrator. The third part! evidence,

of the condition requires the administrator
to make return of his actings and doings

Did; State v.

{icd. Note.-Cited in State v. Brown, 3- Strob.
_ Major, 14 Rich. 85; State v.
Smith, IS S.C. 151.

Mor other eases, see Criminal Law, Cent. Dig.
§§ LOOR-2101; Dee. Dig. G-S7x.]

Numbered Digests and Indexes

’

628 «8.0.

did not tend to impress upon the minds of
the jury the failure of the appellant to deny
the alleged “confession” to the arresting
officer, and that he was therefore preju-
diced.

If under the testimony in this case we are
going to the extreme in granting the appcl-
lant a new trial, we will at least have the
consoling thought that we have fully pro-
tected his rights.

Counsel who represented the defendant
here and upon his trial below were appoint-
ed by the trial Judge to do so, and have
faithfully served without any pecuniary re-
ward, We desire to express our apprccia-
tion to them.

For the reason herein stated, the judg-
ment of the Circuit, Court should be re-
versed, and the case remanded for a new
trial.

TAYLOR, J., concurs,

aums

‘

STATE v. HAYNIE.
No. 16582.

’ Supreme Court of South Carolina,
Jan, 14, 1952.

Willis Carlton Haynie was convicted in
the General .Sessions Court of Anderson
County, J. Henry Johnson, J., of grand lar-
ceny, and he appealed. The Supreme Court,
Stukes, J., held that instructions sufliciently
defined grand larceny in absence of request
for further definition.

Judgment affirmed,

Larceny €=79

Instructions that robbery is the felon-
ious taking and carrying away of person-
alty of another from his person by violence
or putting him in fear, and that robbery
includes larceny and that all elements that
are necessary to constitute larceny are
also necessary to constitute robbery, and
that larceny means the unlawful taking and
carrying away of personalty of another of

68 SOUTH EASTERN REPORTER, 2d SERIES

value of $20 or more, with the. wicked, un-
lawful intent to take that which belongs
to another, destroy his ownership and
property rights in that property, and to
convert it to one’s own use and benefit,
sufficiently defined grand larceny, in ab-
sence of request for further definition.

VW. C. Miller, Anderson, for appcllant.

Rufus Fant, Jr., Sol. Anderson, for re-
spondent.

STUKES, Justice.

Appellant and another were tried in the
Court of General Sessions of Anderson
County upon an indictment for robbery.
The jury convicted both of grand larceny,
and the appellant alone appealed. The only
assignment of error relates to the instruc-
tions to the jury. Neither appellant nor
his co-defendant testified or offered any
evidence.

The appeal record contains only the
following with respect to the evidence:
“The prosecuting witness testified that
while riding around on a country road at
night with appellant and Marion Harris in
an automobile he had borrowed, appellant
and Harris forced him from the automobile
and against his will took $168 from him and
drove off. That he asked them not to hurt

“the car as it was not his and they told

him that he would find the car about two
miles up the road at a gas station. He
found the car unharmed. That he never
got his money back.”

The portion of the instructions, to which
the single ¢xception relates, was as follows:
“IT charge you further, gentlemen, that rob-
bery is the felonious taking and carrying
away of the personal property of another
from his person by violence or putting him
in fear. Robbery includes larceny and all
the elements that are necessary to constitute
larceny are also necessary to constitute
robbery, then I must explain larceny to
you. Larceny means the unlawful taking
and carrying away of the personal prop-
erty of another of the value of $20 of
more, with the wicked, unlawful intent to
take that which belongs to another, destroy
his ownership and property rights in that

JOHNSON v. BOARD OF COM’RS OF POLICEINS.& A.LFUND 8.0. 629
Cite as 68 S.H.2d 629

property, and to convert it to one’s own
use and benefit.” : ‘

The gist of appellant’s contention is that
the instructions were deficient in that they
did not define grand larceny as being the
felonious taking or. stealing of property.,
In view of the content and plain meaning
of the quoted instructions the complaint of
error is manifestly without merit. Appel-
lant was represented by trial counsel who’
should have requested further definition,
if deemed necessary in-his client’s interest,
which we do not think it was. The lan-
guage used by the trial court was more.
easily understood by the lay jury. than:
would have been repetition of the word:
“felonious” or use of the term “stealing.”

Grand larceny is not defined by statute
in this State. but the elements of the crime
are well-established by the common law
and they were stated’ with sufficient ac-'
curacy and clarity in this case—certainly
in the absence of request for elaboration.
See the decisions collected undér the title
of Larceny in 21 S.E.Dig. and pocket parts.

Fair analysis of the instructions shows
that they included, as an element of the
crime of larceny, felonious intent. “Un-
lawful” was employed as a descriptive ad-
jective, which is self-explanatory even to
a layman, and so is the word “wicked.”
Webster gives as synonyms of the latter:
sinful, criminal, guilty, unjust, etc.

The definition of “felonious” as mean-
ing “wickedly and against the admonition
of the law unlawfully,” was held, exactly
descriptive of the features of a killing
which rendered the offense manslaughter
under the statute of that jurisdiction in
State v. Allister, 317 Mo. 348, 295 S.W.
754, 757. An instruction that if defendant
purposely killed deceased after reflection,
with a wickedness and depravity of heart
toward the deceased, etc., the defendant
was guilty of murder in the first degree, is
sufficient as an allegation of the highest
degree of malice. Lang v. State, 8+ Ala.
J, 4 So, 193, 195, 5 Am.St.Rep. 324. Malice
is a state and condition of the mind or
heart which is best understood as “wicked-
ness.” State v. Walker, 9 Houst. Del., 464,
33 A. 227, 228. ;

The appeal falls, by analogy, within the

- following from the opinion in State v.

McCann, 167 S.C. 393, 166 S.E. 411, 415:
“Proof beyond a reasonable doubt of a
fraudulent intention is necessary before
the crime of breach of.trust is complete.
That was expressly held in State v. Butler
[21 -S.C. 353], supra, on which the appellant.
depends to sustain his exception as to
the charge, and the conviction of the
defendant in that case was reversed be-
cause the trial judge there failed to so
charge upon the specific request of the
defendant.

_ "In this case, the appellant did not make
a request for the charge he now urges
should have been given. In the absence
of such request, and upon careful examina-.
tion of the whole charge as given, we are
unable to hold that there is reversible error,
as contended for. by the appellant. The
presiding judge, in the absence of the
specific request, we think sufficiently
stated the law applicable to the crime
charged against the appellant.”

The judgment is affirmed.

BAKER, C. J., and FISHBURNE, TAY-
LOR and OXNER, JJ., concur.

) i
'

w
© & Key NUMBER SYSTEM
T

JCHNSON v. BOARD OF COM’RS OF |
POLICE INSURANCE & ANNUITY
FUND OF STATE.

No. 16580.

Supreme Court of South Carolina.
Jan. 11, 1952.

Action for accounting and declaratory
judgment by T. A. Johnson against Board of
Sommissioners of the Volice Insurance and
Annuity Fund of the State of South Carolina,
The Common Pleas Court of Aiken County,
BE. it, Henderson, J., entered an order sus-
taining demurrer to part of defendant's an-
swer and the defendant appealed. The Su-
preme Court, Taylor, A. J., held that where
peace officer and board of commissioners of

9
626 8.0. 68 SOUTH EASTERN REPORTER, 2d SERIES
Phillips was permitted to testif
y, over the Watt representing the St i
: i at
objection of appellant’s counsel, that as the took place: ‘ eee es
appellant was being taken from the jail to «yg, Watt:
serve his sentence on August 30, 1950, he chancel h :
(the appellant) made the statement that didn't offe
someone would pay for this. Neola Cox,
the wife of the appellant, was the prosecu-
. . + tea i
trix in the case for which he was sentenced The Court: No, sir. Well, go ahead,
to the:public works for sixty days, and the ee ee
appelle F ai g i
sa ant was released from the chain gang Ther cupon, and without making any issue
i a morning of October 10th and shot of the foregoing statement by the Solicitor
and killed his said wife that night. Mr. Ilyatt continued with his argument to
fay fis 6 ile hel couple haa ce a Ue elas counsel for the de-
{ Sy endant-< Z i
oats on the ground that it was eek a oe re Bo 169
oo remote and not 2 ¢ ; Chia oat
ce ot 4 pare of the res gestae. the Solicitor, because they did not mak :
, It was not admitted as a part of motion for a mistrial. dj wise
the ue ae but as a link in the chain of tyjay Judge to oe on oa es
evidence to show express malice. Under : ee ne
: ce: could not consid |
a oe here, this evidence was La feu ae ae
es ee Z 3 ify in his own be-
half, and: did not make any issue of it in
[5] There is no merit in appellant's their motion for a new trial. The issue is
third exception. There was nothing grue- raised for the first time in this appeal.

Your Honor, I don’t think
as any right to explain why he
r any testimony because the State
certainly can’t comment'on it.

some or anything about the chair which | However, in a case of such serio t

could have inflamed the minds of the jury, as this where the punishment i ae a ey
The marks from the shots showing thereon electrocution, although the tag a ie
were corroborative of the testimony as to Solicitor, in the ett of the an ta
the position in which the deceased was sit- this case, in all probabilit had ee
ting in the chair and the direction she was_ the verdict of the jury os oe sailed
facing at the time she was shot. The case to grant the appellant new hl hs
of State v. Jones, 201 S.C. 403, 23 S.E.2d last case before this Court, State : Wilk :
387, cited by the appellant, and other cases 217 S.C. 105, 59 S.E.2d 853 855 os nik
decided by this Court relevant to this issue issue was discussed, and the oh @ Sol ae
are casily distinguishable. involved, it is stated “Of ee

We will now discuss appellant’s fourth Solicitor had, in his argument, directly re-
questa AV (6 condueion Gh We tac ferred to the fact that the appellant did not
mony offered by the State, counsel repre- go upon the witness stand, it would have
senting the appellant asked for and was been the duty of the trial Judge to declare
granted an intulgente of a few tinutes ? mistrial when such was brought to his at-
(presumably to confer on whether to offer a
any testimony), and the jury retired to their While the statement of the Solicitor was
room where they remained for approxi- not made in his argument to the jur a re
mately twenty minutes before being brought made in their presence and in ee fe :
back out. When the jury was returned to tive manner by interrupting th J tc i
the Jury Box, Mr. Hyatt of counsel for the argument of counsel for iio ‘ eu
appellant, addressed the Court as follows: addressing his remarks to the euge We
If your Honor please, counsel for the de- feel sure that this was inadvertent a ] ;
fendant have decided to offer no testimony intentional on the part of the Soneties a
and have the privilege of opening and clos- this fact cannot cure the hava, if yr
ing.” When Mr. Hyatt was making the the appellant suffered. oe
ne sc fealigae Seiden (he hav- The first case decided by this court in
ig been preceded by Mr. Abernathy of whi i i i
counsel for the appellant, and Solicitor Aa ee anion aemee

which we quote:

STATE v. COX S.C. 627
Cite as 68 S.H.2d 624

S.C. 197, 202, 203, 14 S.E. 481, 482, from In the present case, the appellant was
arrested by an officer of the law a very short
3 distance from the residence in which the
ee pi the Jury: Ene conned! deceased was shot, while running away
ie wien ed ils oe arp, et from the residence, and immediately after
he did not make the confession. Now, gene” sot Had bocu Heed auparently aber cart
SOs if he did not make the confession, this residence where the deceased was killed,
Wee tee een aie the stand and den and where and while someone there was
nt Ee ca ed i enue ane coe ee hollering for help. The arresting officer
cane se Tis ee ee Wess testified that the appellant then and there
this court has been called upon to decide oid hea, atone other things, “i viet Hat
this tee aay me me pueesstand woman. Don’t take me back up there.” At
eg ir Lasieaade t elie abies oe the time the appellant was arrested he hada
compas i ees en ee shot gun in his possession, from which one
speak, of a defendant in a criminal prose- Gt ad b ne
: : ee shell had been :
cution, with that provision in the General

Statutes of this state touching his right to”
testify. Article 1, § 13, of the state con- | statement on the part of the appellant was

stitution, provides: ‘* *. * No person in effect a confession, just as in the Howard
shall be compelled to accuse or’ furnish» case from which we have quoted above,
* * *? Section and the Solicitor could not therefore direct-
ly or indirectly comment on the fact that the
reads: ‘In the trial of all criminal cases appellant had not gone on the witness stand
the defendant shall be allowed to testify © deny the testimony of this law officer.
(if he desires to do so, and not otherwise) The trial Judge did not charge the jury that
as to the facts and circumstances of the it was the right of the defendant-appellant
case’ To our minds; these two provisions— to testify or not as he might choose, and that
one of our constitution-and the other of our. no inferences to his prejudice should result

statute law—look to'an absolute freedom of therefrom. No criticism of the trial Judge

defehdants, in all criminal cases, as to tes- 18 intended for not having instructed the

tifying. The former indicates that such a jury that no prejudicial inference was to be

one shall not be forced to testify, while the drawn from the failure of the, defendant-

latter is purely permissive, provided he: appellant to testify in his own behalf, the

chooses to do so. This being the case, it al. Statement of the Solicitor having been

most of necessity follows ‘that nothing shall made at'the time it was made, and the trial

result to his prejudice from a failure to tes- Judge’s attention not having been thereafter
tify. We cannot regard the utterances of, directed thereto.

the solicitor in his argument otherwise than Except for the punishment to be inflicted
as trenching upon these provisions of the ypon the appellant (death by electrocution),'
law that the prisoner lawfully invokes for. in the light of the testimony of this case,
his protection. Such being our view of the and without the aid of the alleged admission
law,'we lay it down as a rule that, however py the appellant to the arresting officer that
innocently done by a solicitor, or however he had shot a woman, we would hold that
praiseworthy his motives in so doing, it is there being other testimony which warrant-
an unwarrantable line of argunvent. In this’ eq the conviction of the appellant, the state-
connection, however, we may add that the ment of the Solicitor complained of here
circuit judge checked any ill resulting to was harmless. But we prefer to lean over
the defendant therefrom by promptly charg- backwards to make certain that the defend-
ing the jury that it was the right of the de-. ant-appellant receives the fair and impartial
fendant to testify. or not, as he might trial guaranteed to him by the Constitution
choose, and that no inferences to his preju-, and free from any possible taint of preju-
dice should result therefrom. We there- dice which may have been caused by the

fore, in this instance, overrule this ground, improper remark of the Solicitor. We can-

of appeal.” Pie -; not say that the statement of the Solicitor

It will therefore be observed that this

evidence against himself.
2643 of the Gencral Statutes of this state

COX, Isaac, 20, white, hanged at Pendleton, S. Ce, February 2), 1826,

"Pendleton, Se Cey March 1, 1826, = On the 2th ulte, Isaac Cox, was executed at
this place for Grand Larceny, in pursuance of the sentence pronounced at the Court
of Sessions in October last.

"The career of this youthful culprit, who was but little over twenty years of ages
has probably never had a parallel in this section of country. Three years ago he
was convicted in an adjoining district of robbing and burning a storehouse and
branded in the hand. He escaped from an imprisonment to which he was also sentenced
for this offence, stole a horse and gun and crossed over to Georgia, Before he

was overtaken by his pursuers, he had again repeated the crime of larceny. On
being brought back to Greenville, he was convicted of hosse stealing and sentenced
to death, “n consderation of his extreme youth he was pardoned by the Governor,
after suffering a few months impkisonment. He was then delivered up to the civil
authorities of Georgia, tried and sentenced to the Penitentiary. Here he remained
but a short time till he made his escape, and returned to this state, committed some
minor depredations in Abbeville, and finally took from the trunk of a man to whom he
had hired himself in this district a considerable sume on money, of which he was
convicted, and has suffered agreeably to sentence, These are felonies which are
known, and by his own account, though cautions in his disclosures, he had committed
several others which have never acquired publicity, His life since the age of
eivhikeemnx sixteen seems to have been a continual series of offences and punishments,
Shortly before his execution, he disclosed in writing the place in which he said he
had deposited a considerable sum of money, but after very diligent search KamasxH
none has been found,

"It is somewhat remarkable thab Cox is the only white man who has been executed here
for more than twenty years, It is a district containing near 30,000 XMHAKXEAKKE -
inhabitants, this would certainly be a gratifying M&#SXXHAKABK reflection had it
proceeded from the non-commission of capital off@nces, We are sorry to acknowledge
p,owever that several convictions have occurred within this period, in which executive
c lemency has interfered between the culprit. and the law. We are pleased to dis-
cover our present Chiéf Magistrate seems not disposed to exercise the pardoning
power without due discretioneesee(the rest is faded, but evidently relates to a
criticism of too free use of clemency)eee" COURIER, Charleston, SC, Mare ll, 1826

(2 330)

"Pendleton, Se Ce, Nove 25 1825=At the Court of Sessions for this District, last
week, Isaac Cox, was convicted of grand Larceny, The Solicitor produced a previous
conviction for Arson, convicted in Greenville District. Judge Richardson, after
-recapitulating the various crimes of which he had been convicted in this state and
Georgia, in a very forcible and affecting manner, pronounced on him the sentence

of death, = To be executed on the last Friday in February next." COURIER, Charles-
ton, SC, Nove 15, 1825 (2/1.)

"A reward of $50 is offered for the apprehension of Isaac Cox, who escaped from the
Penitentiary at Milledgeville on the 13 inst. He is a native of Virginia, 20 years

old, 5 feet 6 inches high, fair complexion, brown hair and hazel eyes. (SAVANNAH
REPUBLICAN, 23rd inst.)"

COURIER, Charleston, SC, 26 May 1825 (2/).)

7 a \ COL.
CAMPBELL, Jonathan EL. x ECUTED /o Vf 30° |

( eed confirmation) .
"Pendleton, SC, Oct, 6, 1830-The Court of Sessions amd:

Common Pleas sat at Anderson last week, Judge Evans pre-
sided...Jonathan Campbell was convicted of the murder of
William Rrowning and sentenced to be hanged on the 22nd
instant..."COURIER, Charleston, SC, 10-1)-1830 (2:)).)

‘Vonathan Campbell was executed at Anderson on Friday te
17h prone the Serkence of the Court”

he Norte Carolina Speetetar b hesterm Advertiser ([utherhartton
ret A‘G uot tn lunpecttred (sue of Jhe ors /N5-
Senger, alf tues of “abit ane [ost for juts period:

€A r]

)Where Was -
Headless Betty's Friena‘

Harvey Allen, the model young
man, and Betty Cain, his date

At. First, in Pamplico, South Carolina, They Knew Only
That Something, Pretty Grim Had Happened to Betty’Cain

On Her Date. Then, When They Discovered What It

HEN Betty Clair Cain failed to
return to her home in Pam-
plico, South Carolina, by one

o'clock the morning of December 7,

“1953, her parents were worried. Al-

though she was only fifteen years old,
Betty was a considerate, thoughtful

- girl and she would have notified her
“ folks if-anything had come up to keep
* her out later than usual.

“We'll wait another hour,” Mr. Cain

> decided.

As the hour dragged by their anxiety

% mounted. Only the fact that her date
‘ that night had been Harvey Allen kept

them from calling the police immedi-
ately. Allen, a 22-year-old Air Force

* veteran recently returned to his home
' jm the near-by town of Latta, was a
highly respected young man. A star

athlete in high school, president of his

: class in the senior year, he was the kind

of man parents like their daughters to
associate with. /
“Do you suppose they ran off and got

| married?” Mrs. Cain ventured finally.

By J. U. Newman

Special Investigator for
ACTUAL DETECTIVE STORIES

Her husband's answer was to pick up
the telephone and call Pamplico Chief
of Police Harvey Cross. Next, he phoned
Romie Allen, father of Harvey. Both
men agreed to go out looking for the
two youngsters although neither felt
that anything could be wrong except
perhaps car trouble.

Accompanied by another son, Allen
drove to Pamplico. Chief Cross and two
of his neighbors met them at a service
station.

One of these neighbors had seen Allen
and Betty in Allen’s car shortly after
eight.o’clock the previous evening, De-

cember 6, 1953. They were in Pamplico,
—- toward Florence, the county
seat.

It was now nearly three o'clock in the
morning and only a few service stations
were open. Nevertheless the men can-
vassed these stations. In one of them
they learned that Allen had stopped
for gas and oil at approximately nine
o'clock. The car, this time, was headed
in the opposite direction from Florence.

“They were probably just driving
around,” Cross commented,

“Betty's folks seem to think they may

have eloped,” the elder Allen replied.

Wa ba

“They were mighty close friends a
that could have happened.”. ©

_After searching:in Pamplico for t
hours, they gave up. Allen remark:
with genuine concern, that he hated
call the Cains to tell them they had)
found Betty.

He was spared that task. A m

‘came running up, his face pale.

“Chief, I just found a car parked t
hind the schoolhouse outside of towr
he cried. ‘“You’d better look at
Something’s mighty queer!”

“How do you mean, queer?” Cross ¢
manded.

“Well, I couldn’t say exactly, but y
better see it. It’s all bloody!”

A bloody car—and two youngst
missing! The news was ominous i
deed.

It was, the man declared, the sa)
make, model and color as the car Hi
vey Allen had been driving. And
one was in it.

Had something horrible happened
those two kids? ~

Realizing that the schoolhouse was
out of his jurisdiction, the Chief phoned
Florence County Sheriff John Hanna
and, after awakening him, informed
him of events.

“T'll be right out,” Hanna declared.
“You run over to the schoolhouse and
see that no one goes near the car.”

The Sheriff drove to his office, picked
up two deputies and telephoned Lieu-
tenant Roy Williams of the State Law
Enforcement Department.

ESS than half an hour later, Hanna,
Williams and the two deputies
stepped from their car and approached
the group of men standing beside the
highway. It was still too dark to dis-
tinguish objects clearly but the parked
car behind the schoolhouse was visible.

50 a:

In this abandoned well a killer
tried to conceal his gory secret!

Romie Allen informed Hanna that the
car was his; that his son, Harvey, had
been driving it the night before when
he took Betty out. :

“Have you looked in it?” Hanna
asked Cross. '

“Yes. . All we can see is some bloody
clothes. We didn't touch a thing; just
Ppeeped in through the window.”

Daylight was breaking, so Hanna de-
cided to wait for it. A few minutes
later he and Williams approached the

car.

Even at the distance of several feet
they knew that tragedy had ridden in
that car recently. .

The wheels were coated with red mud,
window glass was broken out and dark
spots on the windshield could be blood.
The officers moved carefully, to pre-

Officials drained this pond, but they
uncovered in it only trash and mud

serve any clues that might have been
left. Opening the door, they realized
instantly that whatever had happened,
a terrific struggle had taken place in-
side that car. Blood on the seats, floor
and windshield told them that much.
And blood-soaked garments in the rear
seat pointed to a woman.

Betty Clair! Had she been slain in
this car and her body hidden? Could
anyone have lost this much blood and
survive? ----—- :

The officers didn’t know. They did
know. only that they were face to face
with a horrible crime of some sort—
with tragedy and with a gruesome
puzzle that had to be unraveled imme-
diately. Where was Betty Clair, who
almost unquestionably had been in-
jured~ grievously~in that car?~ And

‘where the model young man who had

taken her out?

While Hanna looked over the car from
the outside, Williams quickly dusted the
interior for finger-prints. He found
nothing that would be of any value.
Then he and Sheriff Hanna opened the
trunk, half fearfully.

In it they found several bloody rags
and a clump of hair, obviously human.

Had Betty’s body been in there? Was
she -dead? . :

“Whatever happened—and I’m afraid
I know what did—it didn’t happen
here,” Hanna stated flatly.

Williams agreed. The ground bore
no traces of blood; the earth was not
even slightly scuffed. Even more im-
portant, no broken glass could be found
around the spot. Several windows in
the car had been broken and all of the
glass knocked out of the one next to
the driver’s seat. No one could have
painstakingly picked up every sliver
of glass from the ground and floor of
the car in the darkness. The fight, or
whatever it was, had not taken place at
this spot. j

Furthermore, the red mud that cov-
ered all four wheels indicated the car
probably had been driven on country

_roads or over the swamp land on the

banks of the Pee Dee River, not far
away.

[== car was towed to the police garage
and Hanna prepared to organ-
ize a posse to search the territory. His
first job was to find Betty and young
Harvey Allen, and learn what had hap-
pened, how it happened, and where.
Land around Pamplico is not thickly
settled and the muddy Pee Dee runs
through the center of the farmland to
the east. He needed a lot of men, all
familiar with the many lonely spots in
that section.

“Look for bits of broken glass,”” he

Sed

told the first group of searchers. “And

‘tire tracks on some lonely, muddy lane

hereabouts.”

Hanna was spared the unpleasant
ordeal of breaking the news to Betty’s
parents. Neighbors had done that, and
by the time Hanna and Williams
reached the Cain home, with the bloody
undergarments wrapped in paper, Ra-
leigh Cain had regained sufficient com-
posure to talk with them. ;

The clothes were identified beyond
any doubt. But Cain could not suggest
any solution to this mystery.

Returning to Pamplico, the officers

talked with. Betty’s_friends_and-class._..

mates. She had been a popular girl.
That wasn’t what the officers wanted
to know, however. Did Betty have any
special boy friends in school or in town,
they asked. Had she dated anyone in
particular while Harvey Allen was in ~
the service?

Reluctant to talk at first, her class-
mates finally admitted that Betty had
been friendly with Billy Lignone, a
young farmer who lived about three
miles from town. Lignone was a moody
fellow who seldom left his farm but he
was interested in Betty and when she
had stopped dating him after Allen re-
turned he had withdrawn even further
into his shell.

Hanna and Williams filed away in.
their minds that name. . :

‘ SEVERAL persons were found who had =

seen Betty and Allen between the.
hours of 7:30 and nine Sunday evening. .
Mrs. Cain said Allen had called for
Betty at 7:30. Apparently they had
driven directly to Pamplico where, ac-
cording to witnesses, they had ordered
sandwiches and soda in a drug store ~
and talked of going to a show.

But no one knew where they had
— after they had bought gas around
nine.

Meanwhile the posses were searching
the area. Shortly after noon, a car sped

into town and the driver reported to.

Hanna that his group had found a
bloody T-shirt stuck in a corner of a~
tobacco barn about half a mile from
the schoolhouse behind which the car -
had been found.

This T-shirt was identified by Romie
Allen from a tear in it, as belonging to
one of Harvey’s brothers. It had been
left on the rear seat of the car several
days before; Harvey had not been wear-
ing it, Allen declared.

Hanna drove out to the barn and
studied the surroundings, in particular
the small pond a few hundred feet dis-
tant. To add tothe certainty that
Allen's car had been driven to this place,
a deputy found a deep hole in the road
where a car had been stuck quite re-
cently. Beside this hole was the print
of a man’s bare foot, exactly eleven
and one-half inches long.

CARNEY, Raymond, electrocuted South Carolina, (Florence), May 7, 195)

"In Becember, 1953, a courting couple were reported missing near Pamplico,
Se Ce The half-naked body of Betty Cain, 16, was found in a newly dug
grave, but her head was missing. The head was found later in the grave
that contained her fiance, Henry Allen, An escaped convict, Raymond Car-
ney, 37, was convicted of the crime; he insisted that his motive was rob-
bery; but examination of the girl's body revealed that she had been raped.
Tt is not clear wh¥ the convict decapitated the girl, or whether this was
before or after the sexual assault; but the motive was probably sadistic."
ORDER OF ASSASSINS: The Psychology of Murder, by Colin Wilson; London:

Rupert Hart-Davis, pp lll-lle,.

te mal

CHASTEEN, Marvin H

_ THE SECRET GRIP

}

They were grown men playing
a child’s game of codes

and secret rituals, but the
rules were rigged for tragedy:
The winner turned up missing

and the loser turned up dead ~

i by NATHANIEL PENNYPACKER

ie, white, elec. SC@ (McCormick) October 7

ne RT eae Pa SRM EE ete PTET des RE

MCCORMICK, S. C., NOVEMBER 23, 1953 :
@ There’s something particularly pathetic about an uniden-
tified corpse. The unfamiliar face is expressionless and yet
it isn’t: death has a strange look of its own. The eyes are
dulled and the tight lips drawn and stiff. The fingers, curled
and immobile, seem about to move and for some reason
they bring morbidity closer to you than the lips and eyes.
Thoughts come to your mind—those hands tied the laces
on the neat, brown shoes the last morning he was alive.
They guided the razor over the smooth, still face. Knotted
the tie. Ran a comb through the rumpled, graying hair.

What was he like, this—this statue of cold flesh?
Grouchy? Hard? Friendly? A nice guy?

Where “did he come from? Who was missing him now?
Was a wife sobbing her heart out? Did he have kids?

Why was he killed?

Here are all the facts the police had’ when he was found.

_ Georgie, Henderson, 17, and his sister, Janie May, dis-

covered the body on the morning of November 10, 1953,
CA

ovr) i cs Tt" TYGY " ry rry
FRONT PAGE DETECT

ius ike ibid Xo
ti ete sS 5

while th
face-dov
a ruggec
of McC
road rar
where it
wild cou
there we
sawdust

Sherifi
him wit}
was betv
and wei;
inches t:
gray suit
folded ir
one whit
caliber b
the coror

cin deci it

36 THE RISE OF RAWLINS LOWNDES

James Young, convicted of forgery, standing in the pillory
exposed to public ridicule from ten o'clock to twelve noon on
market day, but considering himself more fortunate than the
common horse thief whose ear was nailed to the pillory and
sliced off when his time was up.*! Branding, a punishment usually
inflicted in lieu of the death penalty on a person convicted of a
capital offense but admitted to the benefit of clergy, was carried
out in open court according to law with the gaoler wielding the
hot irons.*? A more dramatic fate, public execution by hanging,
awaited the less fortunate capital offender such as Sarah Cham-
berlain, hanged in 1738 ‘for the Murder of her Bastard Child.”
Likewise the murderer Blakely died on the gallows in’1737 while
his accomplice, “in consideration of his acting as Executioner,
was reprieved.”*) "Phe most barbaric punishment was reserved
for slaves like Boatswain, convicted of arson in August 1741 and
burned at the stake in Charles Town.* Such spectacles invariably
attracted throngs of curious spectators, and we can easily believe
that the Lowndes brothers were as curious as their contemporaries.

As Charles and Rawlins became more familiar with the opera-
tion of the provincial gaol, they came to understand why its in-
mates might consider imprisonment a punishment more to be
dreaded than the lash. Prison conditions were universally bad
and those in South Carolina appear to have been worse than most.
Law required the separation of felons from prisoners accused
of lesser crimes, but overcrowded conditions frequently prohibited
a strict adherence to the letter of the law. Consequently felons,
petty criminals, debtors, runaway slaves, men and sometimes
women were all confined together in the same crowded, makeshift
quarters.°5

Grand juries repeatedly calling these conditions to the atten-
tion of provincial authorities led to the establishment of a “Work-
house” in Charles Town in 1737. The Workhouse relieved some
of the pressure by providing facilities for run away identured ser-

51. South Carolina Gazette, March 27, 1737; March 2g, 1738; March ag,
1740,

52. Cooper and McCord, Statutes, I, p. 455.

53. South Carolina Gazette, April 2, 1737; March 2g, 1738.

54. Ibid., August 15, 1741.

55. Ibid., March go, 1734.

vants
priso:
pointe
prisot
securit:
and wu:
by bei:
This
unfort:
but th:
emula
prison |
the lew
into ey
in Feb:
subsist
ill wit!
than t})
the be:
recon!
and st):
one fo:
If th
displea
tive ni
But to «
anothe
impro\
that a
House

56. No
sembly. ;
mons Jo
propria t:
house w)

57- §

58. Fe!
184-85.
59. Th

enivtkiitt OF AW SARA

774 119 SOUTHEASTERN REPORTER (8. 0.

with any other person than him. It appeared
that the defendant had been in the habit of
visiting the said Louisa for a considerable
length of time before she left home as afore-
said, and that, up to the time of her ac-
quaintance and intercourse with the defendant,
her reputation for chastity was good.”

The defendant was convicted and appealed.
The court, in passing upon the meaning of
“an unmarried female of previous chaste

character,” said:

“We think the words referred to do mean ac-
tual personal virtue—that the female must be
actually chaste and pure in conduct and prin-
ciple, up to the time of the commission of the
offense. Not that this must be the case up
to the moment of taking her away for the pur-
pose mentioned; but that it must be so up to
the commencement of the acts of the party ac-
cused, done with the purpose indicated, and
which result in such taking away. The pro-
cess of inveigling and enticing may be the work
of time, and, when commenced, the female must
be of chaste character in the sense above de-
fined.”

In the ease of South v. State, 97 Tenn.

§ 4339) making punishable “geduction under
promise of marriage’ alone in our whole
Criminal Code retain the archaic provision
that, “Conviction shall not be had upon the,
unsupported testimony of the woman ;” that
is, the statute solemnly provides that the
jury shall not believe the testimony of the
woman, even though it shall carry entire
conviction to their minds. This must be an
inadvertence which when called to the atten-
tion of the Legislature will be remedied.
Formerly no defendant was allowed to tes-
tify in his own behalf. Neither were negroes
or Jews and some others, but this brand _
has been removed in every case except in
these two statutes, in which the jury are, as
a matter of law, forbidden to believe a
woman unless corroborated, and that under
circumstances in which they are peculiarly
helpless, for the very charge is that they
have been overcome by the cunning of the
defendant, both in abduction and in the se-
duction.

The defendant is allowed to go upon the
stand and give his statement of the trans-
action and his denial, and is entitled in full

496, 37 S. W. 210, although the statute does |" atever credit the jury may see fit to

not use the words “innocent and virtuous,”
the court in that case, under a statute which

give to his testimony; but when the woman
steps upon the stand she faces a jury with

provides that “any perms who takes any fe the brand of the law that they shall not be-

male from her father, mother, guardian, or

lieve her, however atrocious has been the

other person having coal ge a al = means used, or however false the statements
without his or her consent, for the purp made to induce her to yield, while the de-

of prostitution or concubinage,” etc., Says:

fendant himself is entitled to all the credit

“The circuit judge charged the jury that if|that the jury may see fit to give him. Such
they found beyond a reasonable doubt that|an unjust discrimination, the sole remnant
the gitl was living with her parents a chaste} 06 archaic legislation and of sex prejudice,

and virtuous life toward all others except de-

u . 1 villfully took her ‘
fendant, und that defeneatt nent. for the | Will not remain as a blot upon our statute

from her father without his

purpose of and intending to prostitute her, then

to the great advantage of the man, surely

book and upon the even-handed and impartial

he would be guilty as charged, although it might | administration of justice.

appear that prior thereto defendant had had
sexual intercourse with her. This, we are of
opinion, is good law, and in principle is sus-

tained by the case of Davis v. Young [90 Tenn

304) 6 Pickle, 904. The defendant cannot be

‘ STATE v. CHANDLER. (No. 11317.)

allowed to take advantage of his acts in seduc- (Supreme Court of South Carolina. Nor. 2,

ing the girl to defend himself for enticing or
taking her away from her parents and home.

It is evident in this case that, no matter wha

her previous conduct may have been, she had

repented, and, at the time she went or was car

ried to defendant’s store, she was attempting,

1923.)
t){. Criminal law @=589(2)—Refusal to contin-
ue case for test of defendant's sanity held
- not abuse of discretion.
Where a homicide occurred on February 25,

under his advice and direction, to leave the | ine trinl was begun on March 21, and no ef:

country.”

To same effect is State v. Johnson, supra.

fort was made after the homicide occurt
to commit defendant to the state hospital to
test his sanity until the case was called for

From a careful review of the whole record, trial, there was Do abuse of the trial court's

we can find no reversible error.
No error.

CLARK, C. J., concurs in every respect in
the admirable opinion of the court by Mr.
Justice CLARKSON, but thinks it will not

discretion in refusing to continue the case, and

to commit defendant.

2. Criminal law €=—=623—Procedure and effect
thereof where defendant refuses to plead te
Indictment on ground of insanity.

If a defendant refuses to plead to an in-

be amiss to call attention to the fact that | gictment on the ground of insanity, and & jury
these statutes (C. S. § 4225) for the crime of | jg called to decide the question of sanity, #°

“abduction of married women,” and (C, S.;it dec

lares him insane, and he later recover
———

6=>For other cases seo Fame topic and KEY-NUMBE

R in all Key-Numbored Digests and Indexes

8.0.) STATE vy. CHANDLER 175

{119 8.E.)

his reason, he can be tried for the same of-
fense.

3. Criminal law €—-623—Procedure and effect
thereof where defendant pleads not gulity
and Interposes plea of Insanity.

If defendant pleads not guilty, and inter-
poses a plea of insanity, and the jury declares
him insane, the judge passes an order commit-
ting him to the hospital for the insane, and
that ends the charge.

4. Criminal law €@=-586, 115!—Question of
granting a continuance largely within discre-
tion of trial court reviewable only for abuse.

The question of granting a continuance is

a matter in a large measure in the discre-

tion of the trial court, and the exercise of that

discretion will not be interfered with in the
absence of a clear abuse.

5. Witnesses €-188(1), 198(1)—Disclosure
of confidential communications between at-
torney and client or husband and wife cannot
be forced.

A confidential communication between at-

torney and client or husband and wife is a

personal privilege, and disclosure cannot be

forced.

6. Homicide ¢—=270—Whether defendant set-
ting up claim of insanity able to distinguish
right from wrong held for jury.

In a murder prosecution, in which the de-
fense of insanity was set up, whether defend-
ant was able to distinguish right from wrong
or knew the alleged act was criminal, held for
the jury.

7. Criminal law €==857(1)—Defendant held to
have a fair trial, though Jury took only i9
minutes to arrive at verdict.

In a murder prosecution, held that defend-
ant had a fair and impartial trial, though the
jury took only 19 minutes to arrive at a ver-
dict.

Appeal from General Sessions Circuit
Court of Greenville County; F. B. Gary,
Judge.

T. Jeff Chandler was convicted of murder,
and he appeals. Affirmed.

Exceptions 11, 12, 18, and 14 are as fol-
lows:

(11) Because his honor, the presiding judge,
erred in allowing the solicitor to ask hypotheti-
cal question of the following witnesses: Dr. B.
W. Pressley, Dr. F. G. James, Dr. L. L. Rich-
ardson, and Dr. Stewart (witnesses for defend-
ant), and Dr. Chipley and Dr. Taylor (wituess-
es for the state); said hypothetical question be-
ing composed in each instance of irrelevant
statements, not based on nor found in the testi-
mony, and not borne out by the facts of the
case on trial.

(12) Because his honor, the presiding judge,
erred in allowing the solicitor to repeatedly ask
Dr. F. G. James, witness for defense, on cross-
examination, about the Vaughn Case, and al-
lowing the solicitor himself to mnke statements
relative thereto, same being highly prejudicial
to defendant before the jury. i

(13) Because his Honor, the presiding judge,
erred in allowing the state to introduce Police-
man W. N. Johnson as a witness for the state,
in reply to defendant’s evidence, and ask said
witness ‘if defendant said a word about taking
his children to the jail,’ over objection of coun-
sel for defense, on ground that same was not in
reply to any evidence of defendant, and not in
reply to any hypothetical question asked by the
defense, the defendant himself never having
been put on the stand, and the state naming no
witness of the defense as the one sought to be
contradicted by such evidence, and same being
merely a contradiction of the state’s own wit-
nesses.

(14) Because his honor, the presiding judge,
erred in allowing Dr..S, J. Taylor, witness for
the state, to testify in reply or to testify at all,
as to his alleged examination of defendant and
diagnosis thereof: (a) Same being forced on
defendant, and contrary to his will, and while
unable to help himself or to resist the exami-
nation, and thereby in contravention of his con-
stitutional rights, both state and federal, rela-
tive to forcing one to give evidence against
himself; and (b) on ground that said examina-
tion, its disclosures, and physician’s diagnosis
was a privileged communication, which should
not have been divulged by physician over de-
fendant’s objection.

Martin & Henry, of Greenville, for appel-
lant.

Solicitor D. W. Smoak, of Greenville, for
the State.

WATTS, J. “The defendant, T. Jeff
Chandler, was tried before his honor, F. B.
Gary, Presiding Judge, and a jury, at the
March term of the court of general sessions
for Greenville county, 1922, upon an indict-
ment charging him with the murder of Rosie
K. Bramlett. The homicide occurred on the
25th day of February and trial was begun on
21st day of March, 1922, and jury returned
verdict, ‘Guilty of murder, on March 24,
1922. At and before the beginning of the
trial a motion was made before the presiding
judge by counsel for defendant, upon affida-
vit below, for a continuance of the case, on
the ground that sufficient time had not been
allowed in which to prepare for the trial of
so important a case. This motion was over-
ruled. At and before the beginning of the
trial a motion was made before the presiding
judge by counsel for defendant to have the
defendant committed to the hospital for the
insane for a period of 30 days to test his
sanity, as provided for by Act No. of
the acts of the General Assembly of the state
of South Carolina passed at the regular ses-
sion of , said motion being based on
the following attidavits.”

Defendant by 23 exceptions alleges error
and seeks reversal. These exceptions com-
plain of error on the part of his honor in
abusing his discretion in denying defend-
ant's motion for continuance on affidavit sub-

@=—=For other cases see same topic and KEY-NUMBER in a}l Key-Numbered Digests and Indexes

"H26T~-T-2 (STTEAUeETp) dSOs *oeTe feqtum *syer °L *UMICNVHO

i
>

tages

Perit
tee

SASA
aoe CF LEN

gaivtkiiift Of A

776 119 SOUTHEASTERN REPORTER (8. C,

mitted as to defendant’s mental condition,
and in admitting during the trial certain evi-
dence alleged to be irrelevant, and in admit-
ting in evidence certain hypothetical ques-
tions offered by the state not based on the
facts of the case, and evidence to another
case irrelevant and prejudicial, and in abus-
ing his discretion in allowing state to intro-
‘duce evidence in reply, in unreasonable
search, forcing evidence against defendant,
and disclosure of confidential communica-
_ tions and error on the part of his honor in
‘charge to the jury.
“ [1] As to the exceptions raising the ques-
tion that his honor should have granted con-
tinuance of the case and committed defend-
ant to the hospital for the insane for a pe-
riod of 30 days, to test his sanity, under act
of the Legislature, ete.: The homicide occur-
red on the 25th of February, and the trial

was begun on the 21st day of March, and a
verdict ‘returned on the 24th‘of March. No
effort was made after the homicide occurred
to commit him under the act of Legislature
until the case was called for trial.

(2-4] My undérstanding of the law is, and
that practice I followed as a cireuit judge,
where the defence is insanity, the defendant
can refuse to plead to the indictment on the
ground of insanity, and then a jury is called
for the purpose of deciding the question of
defendant’s sanity—or defendant can Plead
not guilty, and interpose the plea of insan-
ity. In the case of question of sane or in-
sane. if the jury declare him insane, he is
committed, and, if he recovers his reason,
can later be tried for the alleged offense. In
the case of his pleading to the indictment, if
the jury declare him insane, the judge pass-
es an order committing him to the hospital
for the insane, and that ends the charge. A
careful examination of the ense satisfies us
that there was no abuse of discretion on the
part of his honor. That is a matter natu-
yally in a large measure in the discretion of
the circuit judge, and we have repeatedly
held that we will not interfere, unless there
is a clear abuse.

The exceptions raising these questions are
overruled. <As to the exceptions alleging the
admission of irrelevant evidence in the trial
of the case, we have carefully studied the
case, and we see no prejudicial error as com-
plained of, and these exceptions are over-
ruled.
ae onsen 11 as to the state's hypothetical
questions is overruled as being without
merit.

Exception 12, which complains of evidence
as to another case being Irrelevant and preJ-
udicial, is overruled, us it was not prejudi-
cial.

Exception 18 is overruled, that being a

Exception 14 is overruled. Dr. Taylor was
not the doctor of the defendant.

{§] Confidential communication between
attorney and client and husband and wife
cannot be forced to be disclosed, but that is
a personal privilege of the parties.

[8] Exceptions 15, 16, and 21 claim that
the evidence of the whole case indicates de-
fendant’s inability to distinguish right from
wrong in the act, or that the act was crimi-
nal and punishable. This was a question
for the jury to determine, and they found
contrary to the contention of the defendant
with ample evidence to support their finding,
and these exceptions are overruled.

We find no error in the judge’s charge as
complained of in exceptions 17, 19, and 20;
these exceptions are overruled.

{7] Exception 22 asks a review of the
whole testimony to determine whether the
defendant had a fair and impartial trial in
the interest of justice and human life.

We are emphatically of the opinion that
the defendant had a fair and {impartial trial
before a humane, just, learned, and upright
judge, and a fair and impartial jury, and we
See no reason why we should grant a new
trial. Even if the jury did not take more
than 19 minutes to arrive at a verdict, the
record discloses a case of murder, unless the
defendant was insane. and the jury by their
verdict found that it was more a case of
satanity, and it was not a case of insanity.

All exceptions are overruled and judgment
affirmed.

GARY, CG. J., and FRASER, COTHRAN,
and MARION, JJ., concur.

SANDEL v. STATE. (No. 10979.)

(Supreme Court of South Carolina. Aug. 2,
1922.

1. States €=>209—Trial judge not authorized
to find that state, in furnishing vaccine, act-
ed as “eleemosynary corporation.”

In an action against the state for the death
of plaintiff's child, alleged to have heen —
by inoculating him with impure vaccine fur
nished by the state board of health, Acld, teat
the trial judge would not have been warrante
in finding, as an indisputable inference of fact.
that the state’s acts were those of an eleemosy-
nary corporation, within the rule —-
such institutions from liability under the de¢-
trine of respondent superior; an Keetinmine dasa
corporation” being a private corporation _
ed for charitable and benevolent purposes,
distinguished from a public corporation.

2. Appeal and error G=>232(1)—Appeliant must

rely on grounds assigned for. new trial aad
direct verdict in circuit court.

question entirely in the discretion of the
trial judge.

H Appellant must rely, in the Supreme bre
upon the grounds of motions for a new

——t

ee
@=For other cases see same topic and KEX-NUMBEK in all Koy-Numbered Digests and Index

Savery ase ce
hae net vig
Sra serge

8. C.) SANDEL vy. STATE q7T
(119 8.E.)

and for a directed verdict, assigned by coun-
sel in the circuit court.

3. States €->198—Defense that state acted as
eleemosynary corporation not available, in
view of Enabling Act.

In an action against the state for the death
of plaintiff’s child, alleged to have been caused
by inoculating him with impure vaccine fur-
nixhed by the state board of health, even if the
State acted as an elcemosynary corporation, it
wus but the intent of the Legislature that the
state should claim immunity from liability on
that ground. in view of the Enabling Act, au-
thorizing un action under Civ, Code 1912, §§
8955-3958, and providing that the principles
of luw applicable to the case brought against
any person or corporation shall be applicable.

4. Appeal and error > 1099(1)—In action
against state, docision on first appeal held
conclusive as to waiver of immunity as sover-
eign.

Where, in an action against the state for
wrongful death, the Supreme Court on the first
appeal held that the complaint stated a good
cause sof action, a waiver of the 8tate’s im-
munity as a sovereign has been adjudicated,

and that question is not open for further con-
sideration,

5. States G=>112—Waiver of immunity as sov-
ereign held waiver of immunity as eleemosy-
hary corporation.

A waiver of the state’s immunity as a gov-
ereign is also a waiver of its immunity as an
eleemosynary corporation.

6. Appeal and error €—1099(3)—Point pre-
sented and decided on first appeal law of case.
In an action against the state for wrongful
death, where the right of the state to rely ca
the defense of contributory negligenee was
Squarely presented to, and decided by, the
Supreme Court on the first appeal, that adjudi-

by inoculating him with impure vaccine, fur-
nished by the state board of health, a report of
a physician, employed by the state through the
Secretury of the state board of health, made to
that secretary concerning an investigation as
to the death of children following the adminis-
tration of vaccine is hearsay, and, there being
no official duty to make such report, it is not
admissible under the exception to the hearsay
rule relating to public or official records, es-
pecially since, under the Enabling Act, the state
occupied the position of a person or private
corporation liable for a wrongful death,

10. Evidence ©=243(4)—Principal not bound
by agent’s declarations, made long after com-
mission of tort.

Where an agent makes declarations or ad-
missions concerning a tort 80 long afterwards
that they cannot be admitted as part of the
res gestx, the principal is not bound by them.

Eugene B; Gary, C. J., Watts and Cothran,
JJ., and R. W. Memminger, I. W. Bowman, and

Frank B. Gary, Circuit Judges, dissenting in
Part.

Appeal from Common Pleas Circuit Court
of Richland County; Hayne F, Rice, Judge.

Action by J. O'Neal Sandel, administrator
of the personal estate of Thelma Sandel, de-
ceased, against the State. Judgment for
Plaintiff, and the State appeals. Reversed,
aud cause remanded for a new trial.

Appeal dismissed by Supreme Court. See
44 Sup. Ct. 5, 68 L Ed. —.

S. M. Wolfe, Atty. Gen., and A. M. Lump-
kin, of Columbia, for the State.

Graydon & Graydon, Cole L, Blease, Col-
cock & Colcock, and Colin §, Monteith, all of
Columbia, for respondent.

cation is the law of the case.

7. Appeal and error @=>1097(1)—Remarks of
Supreme Court in remanding case for new
trial as to question not involved not binding.

Where on the first appeal a ense was re-
versed and a new trial was granted, no binding
force is to be attributed to the remarks of the

Supreme Court on that appeal as to the weight

and sufficiency of the evidence; that question

being in no wise involved.

8. States €==2!!—In action against state for
death caused by impure vaccine, evidence re-
quired submission of issue of contributory
negligence tu jury.

Tn an action against the state for the death
of plaintiff's children, alleged to have been
caused by inoculating them with impure vaccine
furnished by the state board of health, evi-
dence Icld to require submission of the issue of
Contributory negligence to the jury.

to state board of health not admissible as ex-
ception to hearsay rule relating to public or
Official records.

MARION, J. The appeal arises in an ac-
tion brought under the provisions of an act
entitled “An act to authorize and empower
the administrator or administrators of Thel-
ma Sandel and Minnie Sandel, deceased, to
bring action against the state of South Caro-
lina.” 30 St. at Large, p. 1097. The body of
the act authorizes the bringing of—

x
“action in the court of common pleas for
Richland county against the state of South
Carolina, for the recovery of such damages ag
may be proper, if any, on account of the
death of the said Thelma Sandel and Minnie
Sandel at Lone Star, South Carolina, in the
year 1915, following the injection of serum
furnished by the state of South Carolina.”

And further provides as follows:

“The action or actions, shall be bronght un-

der the provisions of, and for the benefit of, the

Persons named in sections 3955 to 3958, both
9. Evidence €=318(4)—Report of physiclan inclusive,

of volume 1, Code of Laws of 8. Cc.

1912, except that punitive damages shall not be
prayed for in the complaint, and the principle
of law applicable to cases brought against any

In an action against the state for the death | person or corporation, organized under the
of plaintiff’s child, alleged to have been caused | Laws of South Carolina, shall be applicable to

Ree

@—>For other cases see same topic and KEY-NUM

BER in all Key-Numbered Digests and Indexes

a atteaerA Linda Urinrdow F ths jail ro The roe ruth,
li whiek|ke Beanrldhes tire ep ncecace of Mhe Oinfier
Artieh kdl torr abort feliz Flo niet wre fovlen Ga
fhe dad tithacartily Whew Lyre, Wiig facatd 7
Aapees frat nor sete d ee teraee Ce, ‘

LD it, |Wereat Ohatrwes 4/26/1593 Pose |

COPELAND, Frazier, black, hanged, Walhalla, SC, 4-27-1883.

"a PARSON HANGED, - THE AWAUL CRIME FOR WHICH A NEGRO PREACHER SUFFERED THE DEATH PENALTY. -
The colored preacher, Frazier Copeland, convicted of the murder of W. J.» Hunnicutt on the
night of December 2, 1882, was hanged at Walhalla, S. Ce, on April 27, He died game, pro-
testing his innocence, after having offered up a prayer for himself on the gallows. The
murder for which Copeland was executed was the first ever committed in Oconee County, SC.
It was perpetrated on the night of December 2, 1882, Mr. Hunnicutt, with his son, aged 10
years, left his home in Keowee Township, nine miles distant from Walhalla, to market 3 bales
of cotten, on the afternoon of Dec. 2. He reached Walhalla bout the middle of the afternoon,
sold his cotton, paid some bills and left the tewn for home, When about half a mile from
the town he stopped at a blacksmith shop to have a mule shod. There he was detained until
7 o'clock, when he left the shop and went to West Union, a village one mile from Walhalla.
In going through the village he was passed by a negro man who was in a fast walk. EHERSIRLS
Immediately afterward the negre stopped upon the wayside and asked Mr,
Hunnicutt's permission to ride a short distance with him on the wagon. The request was
granted, and he rode for nearly a quarter of a mile, when he got down, Hunnicutt teld the
negro he could ride further if he wished, The negro replied by striking Hunnicutt a se-
vere blow on the left side of the head, fracturing the skull and pressing it in four or BEB
five inches, A MHRRESRERABWAERRBRAEBEEE similar blow though not quite so severg, was AHEZZ
@ealt to the son, Both father»and son were knocked off the wagon and pools of blood, with
hair from the head of the son, cut from the wounds, were found on the spot next morning.
"After the brutal deed had been committed and Mr, Hunnicutt robbed, the murderer, suppos-
ing that both of his victims were dead, fastened them upon the wagon and started the mules
in the direction of Mr. Hunnicutt's house, Three hundred yards from the place of the mur-
der, Cane Creek, a large stream, runs acposs the public road, On the abutment of the
bridge over this creek the little boy was thrown from the wagon. This fall brought the
poor boy to consciousness again . He rose to his feet, staggered upon the bridge and
against one of the banisters, which prevented his fall into the creek, When he had gone
over the bridge he climbed upon the rear of the wagon and rode down Cane Creek and thgough
a dense forest to a millhouse, There the mules, hiterto left to their own guidance, ran
the wagen against a stump by the roadside, Little Hunnicutt, with his wounds still
bleeding, estricated the wagon, mounted one of the mules and went home, a distance of 6
miles, He reached home about 11 o'clock at night and made known to his mother the
horrible death of his father, Mrs. Hunnicutt and her daughter, 18 years of age, went
to the wagon and there found Mr, Hunnicutt fastened by the leg to the stay chains of the
wagon, with his head dragging on the ground. They loosened the chains and took the dead
husband and father from the wagaon and placed him upon a quilt, and there watched him un-
til the alarm was given to their neighbors, The little boy, although remembering all the
incidents of the attack and his fearful ride home, could be of no assistance to the .
coroner in giving a clew by which the murderer might be detected,
"The whole community was, however, aroused to the enormmity of the crime, and every effort
was made to detect the perpetrator. A large cpyowd gathered at the scene of the murder on
“unday morning, and every means was used to get some clew by which the guilty party might
be brought to justice. Among those who came to the place was Frazier Copeland, a negro
preacher, Copeland was very talkative, and his conduct and demeanor at once aroused sus=
picion. He lived at the mill-house, where the wagon had been caught upon the stump the
night previous. His house was searched and a pair of pantaloons sprinkled with blood was
found. Upon this circumstance and his suspicious demeanor, he was arrested and put in |
jail, A day or so afterward, Copeland sent for the sheriff and confessed that he had
seen Hunnicutt at Moore's shop and had passed him theres that he had gaone on his way
home beyond Cane Creek bridge when he remembered Sunday was communion day in his church,
ANBXRHAK and that, having none, he went back to West Union for some, That on his way back
he passed by Mr. Hunnicutt drunk and staggering behind the wagon and that he saw a man
named White kill Hunnicutt, At the trial the circumstantial evidence, c orroborated by
young Hunnicutt's testimony, was somconvincing that the jury convicted him after twenty
minutes' absence from court." NATIONAL POLICE GAZETTE 59-1883 (7-3.)

LANI 7 , sek. hanged Walhalla
COPELAND, Frazier, black, hang¢ .

A PARSON HANGED.

The Awful Crime for Which a Negro Preacher |

Suffered the Death. Penalty. 0
The colored’ preacher, Frazier Copeland, convicted
of the murder of W. J. Huupicutt on the night of De
cember 2, 1842, was hanged at Walhalla, 8, C., on April
27. He died game, protesting his innocence, after hav:
ing offered up a prayer for biwself op the gallqws.
The murder for which Copeland was executed wasWhe
first ever committed ‘in Oconee ‘County, 8. C. “It was
perpetrated on the night of December 2, i882, ° Mr.
Hunnicutt, with bis son, aged 10 years, left bis home

-{n Keowee township; nine miles distant from. Wal-
halla, to market three’ bales of cotton, on the after.
noon of Ducember 2, He reached Walhalla about the
middle of the afternoon, sold ‘his cotton, pald some
bills and left

| mafle’ from ‘the town ‘he stopped
shop to have a mule shod, There he was detained
until? o'clock, when he Jef the shop and went to

|
|

the town for home, ‘When abyut half a, i
at a blacksmithy|—

West Union,a village one mile from Walhalla, In |
going through this village he was passed by a negro |

man who was in a fast waik. Immediately: afterward.
the negro stopped upon the wayside and asked Mr.
Hunnicatt’s permission to ride a short distance. with
him on his wagon; The request was granted, and hie
a) rode fur nearly a quarter of a mile, when he got down.
-Hunnicutt told the negro he could ride further if he
wished. The negro repiled by striking’ Bunpicutt’ a
severe blow on the left side of the head, fracturing the
skull and pressing It In tour or five inches, A similar
blow though not quite so severe, was dealt to the son,
Both father and son were knocked off the wagon.and

| Pools of blood, with hair from the bead of the son, cut |

from: the wounds, ' were found on. the spot: next
morning, °°:

3C 4-27-1883 |

After the brutal deed had been committed and Mr.
Hunnicutt robbed, the murderer, supposing that both
of bis victims were dead, fastened them upon the
wagon and started the mules in ‘the direction of Mr.
Hunnicutt's home. Three hundred yards from the
place of the murder, Cane creek, a large stream, runs
across the public road. On the ahutment of the bridge

over this creek the little boy was thrown from the |

wagon, This fall brought the poor boy to consclous-
ness again. He rose to his feet, staggered upon the
bridge and against one of the banisters, which pre-
vented his fall into the creek, When he’ bad gone
over the bridge he climbed upon the rea of the wagon
aud rode down Cane creek and through a dense forest.
to stillhouse, There the ‘mules, ‘hitherto left
to”... their’, own. guidance,” ran.: the | wagon

‘against a stump by the roadside, Little Hunnicutt,
with bts wounds stil! bleeding, extricated the wagon,

mounted one of the mules and went home, a distance
of six miles. “fe reached home about: 11 o'clock at
uight and made known to his mother ‘the terrible.

-death of his father," Mra. Hunnicutt and her daughter,
18 years of age, went to the wagon: and there|

found Mr. Hannicutt fastened by the leg to the stay

‘chaing Of the wagon, with. his: head: dragging on the:

ground. They loosened the chains and took the dead
bustand and father trom the: :wagon and placed him

‘upon a quilt, and there watched him until’ the alarm
“was given to their neighbors, ‘The little boy, although

remembering all the {ncldents of the ‘attack and his
fearful ride home, could be of no assistance to the

‘coroner in giving a clew by whiclit he murderer might

“The ‘whole community was, bowever, aroused by. .

the enoromity ofthe crime, and-every efort was made

to detect the perpetrator, . A large ‘crowd gathered at.

the scene of the murder on Sunday morning, and every
means was used to get some clew by which the guilty
party might be brought to justice. Among those who
came to the place was Frazter Copeland, a negro

preacher.’ Copeland was very talkative, and his con-
duct and-demeanor at once aroused. suspicion. He:

lived at the ‘stilj-house, where ‘the wagon had been
caught opon thestump the night previous: His house
was searched and @ pairvuf. pantaloons sprinkled with

blood ‘was ‘found. ‘Upon’ this’ circumstance and : his
suspicious demeanor, be was arrested and put jn jail. |

A day or s0 afterward Copeland sent for the shertf
and confessed that he had seen Hunnicutt at Moare’s

sbop and had passed him there; that be had gone on.
his way home beyond Cane ‘creek bridge when here _

) ee) Zit Cb
No.4 14, 1763 (9.7)

st
4
'
=
*
t

aR Ree

{624 8:0.

qh ! .
STATE v. COX,
No. 16569.

bonitoy os
ont Supreme Court of South Carolina.
2h obs otnt Dec. 4, 1951. oan

“i194 Sy oeane
, Frank J. Cox was convicted in the General
Sessions Court of Spartanburg County,
James B. Pruitt, J., of murder, and he ap-
pealed,’ The Supreme Court, Oxner, J., held
that statement’ of Solicitor, in objecting to
“attempt of ¢ounsel for defendant in closing
‘argument to jury! to explain failure of de-
»fenke: to! offer, any! ;evidence, that Solicitor
‘did not think ,that defendant’s counsel had
any right to explain why he did not offer any
testimony because the state could not com-
ment on it, was not reversible error.

Judgment affirmed.

te OM LeEV OT I ‘
Bukbr Ma i “and: aytor, J., dissented in
part.

1. Criminal Law G=1174(5)

In murder prosecution, wherein counsel
for defendant in closing argument to jury
sought to give an explanation for failure of
defense to offer any evidence, it was not
reversible error for the Solicitor, in making
objection to such argument, to say that he
did not think that counsel for defendant had
any right to explain why he did not offer
any testimony because the state could not
comment on it, though court did not, on its
own motion, instruct that no adverse infer-
ence could be drawn against defendant be-
cause of his failure to testify.

2. Criminal Law €=824(13)

In murder prosecution, failure of court,
on its own motion, to instruct that no ad-
verse inference could be drawn against de-
fendant because of his failure to testify,
was not error.

3. Criminal Law C=913(1)

Where evidence in murder prosecution
established beyond any reasonable doubt
that defendant was guilty as charged, trial
judge did not err in refusing to grant new
trial because jury returned verdict of guilty
of murder without recommendation — to
mercy after deliberating only 24 minutes.

4. Homicide C>158(1)
In prosecution of husband for murder
of wife, testimony of policeman that about

68 SOUTH EASTERN REPORTER, 2d SERIES

six weeks before homicide when policeman
was taking husband to jail to serve sentence
imposed in prosecution instituted by wife,
husband stated that some one would pay
because of the prosecution, was properly
received to show express malice, where
husband killed wife on same day that he
was released.

5. Criminal Law €=404(4)

In murder prosecution, admission in
evidence of chair-on which the deceased
was sitting when she was shot with a shot-
gun, was properly admitted to corroborate
testimony as to position in which deceased
was -sitting in the chair and the direction
she was facing at the time she was shot,
over objection of defendant that introduc-
tion of the chair would inflame the jury.

—_—>—___.

Simpson Hyatt, George F. Abernathy,
Spartanburg, for appellant.

Sam R. Watt, Sol., Spartanburg, for re-
spondent.

OXNER, Justice

We are in full accord with the opinion
of the Chicf Justice except that portion re-
lating to the fourth question. It is our view
that this question should also be decided
adversely to appellant and the judgment of
the Court below affirmed.

The record does not disclose the remarks
of appellant’s counsel to which the Solicitor
objected. It may be fairly inferred, how-
ever, that he was secking to give an expla-
nation of the failure of the defense to offer
any evidence. If so, it was appellant's
counsel who first called the jury’s attention
to the fact that no testimony had been offer-
ed by the defense. Under these circum-
stances, it is difficult to perceive any preju-
dice to the rights of appellant. Morcover,
we think it would be a strained and unwar-
ranted construction to hold that the state-
ment of the Solicitor constituted an indirect
or implied comment on the failure of appel-
lant to testify. Evidently it was not so con-
strued either by the court or counsel, for
there was no exception to the remarks of
the Solicitor, nor was the question now
raised included in the grounds of the motion
for a new trial.

LISI CMRI nln tent as Pe

_ STATE yv. COX

S.C. 625

Cite as 68 8.E.2d 624

[1] It was held in State v. Pendarvis,
88 S.C. 548, 71 S.E. 45, that remarks by a
Solicitor of ‘a much more serious nature
than those here involved were not preju-
dicial. While in a case involving the death
penalty, the Court.should be on the alert to
sce that every right of the accused is pre-
served, we think it would be going too far
to say that the incident complained of might
have influenced the verdict of this jury.

[2] It is true that the jury was not in-
structed that no adverse inference could
be drawn against appellant by reason of his
failure to testify, but in the absence of a
request to that effect, there was mo error in
failing to give such an instruction. State
v. King, 158 S.C. 251, 155 S.E. 409. It is al-
so exceedingly doubtful whether such an in-
struction would have been of any aid to ap-
pellant.

A majority of the Court having concurred
in the views herein expressed, it is the judg-
ment of this Court that the sentence and
judgment of the Court below be affirmed.

FISHBURNE and STUKES, JJ., concur.
BAKER, C. J., and TAYLOR, J., dissent.

BAKER, Chief «Justice (dissenting). :

At the January, 1951, term of the Court
of General Sessions for Spartanburg Coun-
ty, the appellant, Frank J. Cox, was tried
and convicted without recommiendation ‘to
mercy, upon an indictment charging him
with the murder of his wife, Neola Cox.
The jury returned the verdict of guilty of
murder after deliberating twenty-four min-
utes, ‘

A motion for a new trial was made upon
grounds substantially as those raised by ap-
pellant’s first three exceptions on this ap-

. peal, and an additional ground which has

not been made an exception. , The motion
was refused; and the sentence provided for
by law was imposed upon him.

Appellant states the questions raised and
involved in his appeal as follows:

“1, Did the presiding judge err in fail-
ing to grant a new trial on the ground that
the jury stayed out only twenty-four min-
utes, indicating a flippant disregard of their
cluties ? '

68 S.E.2d—40

“2. Did the presiding judge err in admit-

ting as part of the res gestae the testimony
of Fred Phillips, a witness for the state,
concerning a statement made by the De-

fendant on August 30, 1950, the crime hav-
ing been committed.on October 10, 1950?

“3, Did the presiding judge err in allow-
ing the introduction as an exhibit, the chair
in which. Neola Cox was shot when photo-
graphs of the said chair had already been
admitted showing everything the chair
could show and the only purpose such intro-
duction could have had was to inflame the
jury?

“4, Ts the defendant entitled to a new
trial by virtue of the Solicitor’s indirect,
improper, and prejudicial comment on the
fact that the defendant did not take the
stand when the Solicitor made the statement
‘the State could not comment on why there
was no testimony offered by the defense’ ?”

We will discuss these issues seriatim.

[3] The record shows beyond any rea-
sonable doubt, when the testimony of the
arresting officer is considered and which
will be hereinafter referred to, that the
appellant is guilty as charged in the indict-
ment. He borrowed a shot gun, proceeded
to the home of his mother-in-law, where
his estranged wife and their child were
temporarily living, and shot his wife
through a window while she was sitting in-
side said home with the child in her lap,
from which wound his wife shortly there-
after died. There is nothing in the record
which would have required any prolonged
deliberation on the part of the jury, and as
stated by the trial Judge, the fact that the
jury stayed out such a short length of time
indicated that there was unanimity of
thought on the facts of the case.

The record further shows that on August
29, 1950, the appellant here pleaded guilty
to having a difficulty with his wife, Neola
Cox, and was sentenced to the public works
of Spartanburg County for sixty days, and
commenced the service of this sentence on
August 30,'1950.° The Mr. Phillips refer-
red to in the 2nd exception, was a rural po-
liceman and among his duties was the keep-
ing of the books at the county jail, and the
receiving and discharging of prisoners.

*ZS6T SST Axenazqeg (Aqun0p Sanqueyzzeds) d *S °D °S *oeTe foqtum *°p yueZT *XOD

# . es uF weer Ca 4 as A
i = wd ig Pe ‘ sk

Deputy Ray Shupe indicates where the headsman hid the lethal gun, near a spring
not far from his home, after performing the grisly dissection and burial rites.

Henry Allen left this home to keep his Sunday date with Betty.

His disappearance was a puzzling factor in the frightful crime.
a

; EEE

Blood smears found in the soil convinced
the officers that the devilish butchery
had taken place at the very place where
the young sweethearts stopped to park.

Reluctantly her dad called in young
Police Chief Harvey Cross. It was
9 A.M., and Cross was still at the Cain
residence, where the local telephone
operator reached him. He listened sob-
-erly, then hung up and reached for his
cap.

‘“Maybe you better come along,
Raleigh,” he said to the drugstore
clerk, whom he had known all his life.
“There’s been a car found, a new Ply-
mouth sedan.” ;

, It stood behind a schoolhouse just
northeast of town, on a county road
that led out along the Pee Dee River
and then wandered north and west
toward Florence.

It was Harvey -Allen’s car, all right.

. Its left front window had been smashed

out, and there were dark stains, resem-
bling blood on the front seat cushions.
The rubber floor mat was missing from
the front of the car.

In the trunk, Cross found large
patches of dried blood, with the threads
of auburn hair fixed in them. He phon-
ed Sheriff John Hanna in Florence, and
the big, middle-aged county officer
came down from the county seat with
Deputies Ray Shupe and Heyward
Myers and the news that officers of
the. state law enforcement division —
South Carolina’s equivalent of a state
police force — were on their way.

T was easy enough to recruit volun-

teer searchers as the news spread
that the tall, slim high school beauty
most certainly had been a victim of
foul play.

The posse worked on out the road
beyond the schoolhouse where young
Allen’s car had been found, combing

POLICE FILES

This peaceful,
the Pee Dee |
spooning coupl
also perfect fo

through brier
weeds, sweepi
ing into ditch
from a heavi
Sunday night.

They came,
a series of clifi
five feet strai
Here, in a g
road, the loce
ing couples c:
night. And he
patch of blooc
fragment of g
shattered win

The searche
farther off the
the Bluff — ha
probed throu;
turned up th
daubed with b
tified it as his

Lieutenant
force, and In\
state identific<
posse just be
hunting arour
the section of
of a baseball
coated with b

Then, at 6
G. W. Hicks
searchers, pai
blown down |
about one hun
the blood pat:
tentionally ki
of pine straw
mound beneat

The accider
ment of cloth
Cross, the ‘she
on the run. »

POLICE FILES

e
Pa!

POLICE FILES 4 POLICE FILES

by Roger Clifton

Could her sweetheart be guilty of so fiendish
‘a crime? The cops wondered until they found
the truth—at the hottom of a well

Y found the grave quite by ac-
cident, although through long, stren-
uous hours the grim posse of officers,
townsmen and tobacco farmers had dar-
ed hope for no more satisfying reward
in their tireless search for lovely, blue-
eyed Betty Clair Cain.

Even before the car was found at
9 o'clock that Monday morning of
December 7,.1953, with strands of the
missing girl’s auburn hair plastered in
dried blood in the trunk, thus spurring
the hunt for her body and the scene
of terror and murder, Betty’s mother

‘had struggled ‘with the dread of her

daughter’s fate.

It was sometime after midnight that.

Louise Cain awakened in the family
home in Pamplico, a village in Florence
County on, South Carolina’s coastal
plain, twenty-five miles southeast of the
tobacco marketing center of Florence
and one hundred miles northwest of
historic old Charleston on the sea.
Somehow Mrs. Cain knew, before she
tiptoed to Betty’s bedroom, that the
15-year-old beauty had not returned
from her regular Sunday night date
with Harvey Allen. The sight of the
girl’s empty bed tightened quick fingers
of‘alarm around the mother’s heart, for

‘Betty had never before stayed out later

than 11 o’clock.

Could she have eloped, a: girl so
young, scarcely more than a child, with
the husky, handsome, 22-year-old Air
Force veteran whom Betty had met at
Myrtle Beach in June, and with whom
she had been going steady ever since?

Mrs. Cain hurried to the phone and
called the farm home of Harvey’s par-

‘

ents near Latta, in Dillon County near-
ly forty miles away. |

Rommie Allen, the young man’s
father, had not seen his son since
Harvey left home on Sunday afternoon
to drive his grandmother to Shaw Air

‘Force Base, near Sumter, to visit a

relative stationed there. From Sumter,

‘ the father knew, Harvey intended to

return to Pamplico to see Betty. The
couple had regular dates on Friday
and Sunday nights.

“But they didn’t run off to get mar-
ried,” Allen was sure. “Harvey didn’t
have more’n twenty dollars on him
when he left here. I’ll wake up his
brother, and we’ll come to Pamiplico to
see what we can do.”

There was still no word from the
young couple by the time the Allens
reached Pamplico, around 3 A.M. They
talked briefly with Raleigh and Louise
Cain, then set out in their car again
to look for Harvey’s 1953 Plymouth
sedan.

They were parked in a gas station,
taking on fuel, when Harvey’s car—or
one exactly like it, anyhow—cruised by,
headed in the direction of Betty’s home.

“There he goes,” his dad said. “Let
him explain to her folks where he’s
kept her out till this hour. We’ll get on
home, son, and let Harvey settle his
own mess of hash.” ‘

But it was not Harvey, driving Betty
home at last, whom his father and
brother had seen. The dawn came, after
a night of rain and high winds, and
full day broke, and still the beautiful
high school junior had not returned
to her parents’ dwelling.

Shown: here (I to r) are Deputy Ed

McLeod, Sheriff John Hanna, and.
Deputy Ray Shupe, whose sleuthing
brought the headsman to justice.

The death gun and knife are displayed
by State Investigator Roy Williams, at
right, and state lab expert M. N. Cate.

Backtracking on the movements of Betty
Cain and Henry Allen, the officers were
able to trace the pair to this drive-in,
the very last spot they were seen alive.

.then, and thinks it’s

_that Frankie had a date with a

whereabouts,
Sunday night. At the same time, In-

at the apparent murder scene, on the
piece of tree limb and even on the
young man’s undershirt, were of Betty
Cain’s blood type, and none matched
Harvey Allen’s!

The state officers issued: a pickup
alarm on the husky youth who walked
with shoulders stooped, and copies of
his photograph were distributed widely
to aid in the search for him. °

[TN the meantime, the. local officers

were seeking suspects in and around
the village of Pamplico, being certain
that Betty Cain’s murderer must have
known the Bluff area well to have
found the old stump hole to serve as a
grave for her headless body.

“There’s Packer Bohine, for one,”
Police Chief Cross said, facing Sheriff
Hanna, Deputy Shute and Lieutenant
Williams in his office in the town hall.

Bohine lived in a neighboring vil-
lage. He was a hulking brute of.a man
in his late twenties, with a reputation
as the town bully.

“Gets liquored up every now and
cute to steal up
behind a parked couple and raise the
devif with them,” Cross continued, “I
had a complaint on him a few months
ago. I told him to stay. out of this
district, but it might have taken more
than mere telling to keep him out.”

‘“We'll look him up,” the sheriff
promised. “Any others?”

“Nobody I’d like to think of,” ‘Cross
replied. “Unless maybe Frankie Trevor.
He’s getting a mite too wild when he
gets hold of a jug too. There’s a story

teacher over in Marion County awhile
back. Got tanked and all but tore her

‘clothes clean off’ her before a couple
of fellows heard her yelling and slapped

Frankie senseless,”

The officers went to work on these
two men, inquiring first \into ‘their
as they were known, on

school-.

vestigator Cates continued his techni-
cal work on Harvey Allen’s Plymouth
sedan, and came up finally with the
fingerprints of two men, lifted from
the enameled. exterior of the machine.

The search for young Allen also was
continued. Examination of his checking
account in Latta showed no recent
withdrawals of any unusual amount.
Furthermore, it appeared highly un-
likely that he could have made his
way out of the Pamplico by any means
other, than his own automobile.

But if he, too, had been murdered,
where was his body? A party of some
forty men had scoured the fields along
the road between the town and De.
witt’s Bluff, and they were ready to
Swear they could not have missed a
grave, or a patch of freshly turned
earth anywhere along the route.

Frankie Trevor was discarded as a
possible suspect within an hour after
the officers talked with him. He had
been out with a young lady in Flor-
ence on Sunday night, innocently en-
joying a movie, after which the couple
returned to her home, where Frankie
Sat talking with the girl and her par-
ents until 1 o’clock in the morning.

Packer Bohine also claimed an alibi
for Sunday night.

. “I drove down to Charleston Sun-
day afternoon,” he said. “I hung around
there till 2. in the morning. I didn’t
get home till almost 6 o’clock.”

. His family confirmed his departure
and return. Bohine gave the name of
an acquaintance who could vouch for
his presence in Charleston, and city
police there promised to check the
young man’s story at once.

The savage rape-slaying of the love- .
ly young blue-eyed red-head Stirred a
tide of rage in the town of Pamplico
and over its neighboring countryside
which grew, rather than diminished, in
force in the twenty-four hours after the
discovery of Betty Cain’s _Tavished,,

headless body.

POLICE FILES ¢

ey
int
2
ae,

Bx
2

A deputy |
the headsn
This blood

by the co

Knots of
small crowds
state posted ;
mation leadir
viction of her
paper added §
reward funds
and in Latta,

On Tuesday
up with an
near Betty’s
bare footprin
been no unsh
day before. T)
killer’s.

“Took off
keep them d:
down in that r
reasoned. “I n
big foot, ele,

long.”

‘Police Chie
from its hook
Packer Bohine
got a foot tha:
size any day i

Bohine’s fo
that which ha
grave. Moreo.
from Charlestc

alibi, and he \
N Wednesd
in Pampl:

village populat
to attend fun
Cain in the
church to whic
Chief Cross,
tenant William
from these ri:
sharecropper’s

POLICE FILES

i ennai

PMc

ars found in the soil convinced
‘s that the devilish butchery
place at the very place where
sweethearts stopped to park.

ntly her dad called in young
lief Harvey Cross. It was
id Cross was still at the Cain
where the local telephone
eached him. He listened sob-
hung up and reached for his

you better come along,
he said to the drugstore
om he had known all his life.
yeen a car found, a new Ply-
jan.”
id behind a schoolhouse just
of town, on a county road
vut along the Pee Dee River
wandered north and west
lorence.
Harvey -Allen’s car, all right.
ont window had been smashed
here were dark stains, resem-
od on the front seat cushions.
er floor mat was missing from
of the car.
trunk, Cross found large
f dried blood, with the threads
. hair fixed in them. He phon-
‘ John Hanna in Florence, and
middle-aged county officer
vn from the county seat with
Ray Shupe and Heyward
ad the news that officers of
law enforcement division —
rolina’s equivalent of a state
cce — were on their way.

easy enough to recruit volun-
earchers as the news spread
tall, slim high school beauty
tainly had been a victim of

osse worked on out the road
-he schoolhouse where young
ar had been found, combing

POLICE FILES

} rua fh ee
This peaceful, sylvan spot overlooking
the Pee Dee River regularly attracted
spooning couples. It’s quiet appeal was
also perfect for the headsman’s work.

through brier patches and fields of

weeds, sweeping wooded sections, pok-
ing into ditches still filled with water
from a heavy rain which had fallen
Sunday night. ‘

They came, finally, to Dewitt’s Bluff,
a series of cliffs which dropped seventy-
five feet straight down into the river.
Here, in a glade just off the lonely
road, the local men well knew, court-
ing couples came to park, night after
night. And here they found the huge
patch of bloody mud, and the V-shaped
fragment of glass, obviously from the
shattered window in Allen’s car.

The searchers backtracked, sweeping
farther off the road. About a mile below
the Bluff — halfway to Pamplico — they
probed through a tobacco barn, and
turned up the white T-shirt, heavily
daubed with blood. Rommie Allen iden-
tified it as his son’s,

Lieutenant Roy Williams of the state
force, and Investigator M. N. Cates, a
state identification specialist, joined the
posse just before Deputy Shupe, still
hunting around the Bluff, eame upon
the section of tree limb, about the size

of a baseball bat, with one end thickly,

coated with blood.

Then, at 6 P.M., Russell Gibbs and
G. W. Hicks, two of the volunteer.
searchers, paused to look at a tree,
blown down by Sunday night’s winds,
about one hundred and fifty yards from
the blood patch at the Bluff, and unin-
tentionally kicked aside a thin layer
of pine straw and gravel atop a small
mound beneath the toppled trunk.

The accidental scuff laid bare a frag-
ment of cloth. A shout brought Chief
Cross, the'sheriff and the state officers

on the run. A few minutes later the ,

POLICE FILES

The home of Betty Cain, in Pamplico.
Here her family received the news of
the murder and of the bestial attack
preceding the fiendish decapitation.

body of a girl was lifted’ from its shal-

low, makeshift grave in what had been |

a tree stump hole.

Chief Cross retched as the corpse
was fully exposed, The body was fully
clad, although the clothing was in dis-
array, but above the shoulders. there
was nothing more than the hideous
stump of the neck.

The head was gone, severed with
some crude instrument. Dr. John B.
Claussen, who examined the remains,
‘guessed that a shovel had been used
to decapitate the girl. The grave was
fully excavated, but the. head was not
there. Betty’s father steeled himself for
the ‘ordeal, then identified his daugh-
ter’s body from the clothing.

Her undergarments were torn, and,
the autopsy revealed, the girl had been
raped before she was slain. Death had
occurred on Sunday night, certainly not
later than midnight.

’ In the dirt near the grave was a
large, deep puddle, and there were signs

. in the mud which indicated that a car

had been bogged there sometime after
Sunday night’s rain.

“The rain stopped before 9 o’clock,”
Chief ‘Cross said. “It looks like the
killer figured he was stuck there for
sure, so he toted’ the dead girl out: of
the car and buried her. Then he did
manage to get the machine out, after
all, and drove on and finally left it
down behind the school, where the kids
spotted it this morning.”

“Which makes it almost certain,”
Sheriff Hanna said, “that the missing
head is somewhere between the grave
and the schoolhouse.”

“With my boy’s dead body, most
likely,” Rommie Allen interjected bit-
terly. “He’s dead, no doubt of. that.

There was no hint, when Betty and her
boyfriend started up this open road to
the petters’ haunt known as the Bluff,
that tragedy waited at the other end.'

Whoever laid hands on that girl had to
kill Harvey first, and he’d take a lot of
killin’.”

With that assertion there could be
little argument, for Harvey Allen was
a strong boy, five feet ten and one-half
inches tall, and weighing around 180
pounds. He had played at center on his
high school football team, had been
the president of his senior class, be-
fore his graduation and induction into
the Air Force.

His time in service had done nothing
to weaken young Allen physically and,
since his discharge a year earlier, he
had been working on his father’s farm:
He was in perfect trim. Had some lust-
ful bushwhacker stolen up on the car
in which he was parked with lovely
Betty Cain, in the glade overlooking a
broad expanse of the Pee Dee, Harvey
Allen surely would have given a good
account of himself before surrender-
ing the girl he loved to the brutish
grasp of a rapist.

But where was young Allen, or his
body, if he actually was dead?

A five-acre fishpond close by the
tobacco’ barn where his bloody under-
shirt was found seemed the most prob-
able place for the disposal of a second
corpse, and perhaps the’ missing head
of the'girl as well.

The pond was dragged, then drained,
but its mucky bottom yielded up no
corpse, no severed head.

A lifesaving and rescue squad was
rushed down from, Dillon, to drag the
Pee Dee downstream from the Bluff.
And then a report from the state lab-
oratory gave rise to the suspicion that
Harvey Allen might still be alive.

Blood type tests showed that all the
stains found thus far, in Allen’s car,

ph i plgurc iin deni galedt loots

‘eis

8828.0. 88 SOUTH EASTERN REPORTER, 2d SERIES

1954, term of the Court of General Sessions
of McCormick County. He,was found
guilty and sentenced to death by electrocu-
tion. .

By the first two exceptions appellant chal-
lenges the sufficiency of the evidence to sus-
tain the verdict. This question was timely
raised in the Court below by a motion for
a directed verdict and for a new trial.

The deceased and his family lived near
Easley, South Carolina. His wife, Rose
Wiggins, worked in the weave room of the
Glenwood Cotton Mill. Appellant worked
in the same room. He and Mrs. Wiggins
operated adjoining looms.

Around noon on November 10, 1953, two
Negroes, who had been directed by their
employer to cut some wood, found the body
of the deceased near a sawdust pile in a
rural section of McCormick County, about
five miles from the town of McCormick.
They notified the Sheriff who went imme-
diately to the scene. According to this
officer, deceased was lying in the woods on
his stomach with his hands folded under
him. There was considerable blood under
his head but none on his clothing. He was
neatly dressed. There were beggar lice on
his trousers. The body was removed to an
undertaking establishment where that night
it was examined by a physician. He found
two bullet wounds in the head, One entered
on the left side behind the ear, passed
through the brain and lodged over the right
eye. The other entered just behind the
forehead, passed through the brain and
lodged at the back of the head. According
to this physician, either wound was suffi-
cient to have caused death. It was his
opinion that the deceased had been dead
at least two or three days before he was
found. The bullets were removed from
the head and delivered to a ballistics expert
of the South Carolina Law Enforcement
Division, who was present when the au-
topsy was performed.

A son-in-law of appellant testified that
one night (he was unable to recall the date)
appellant came to his home and borrowed

a rifle, stating that he wanted to go squirrel
hunting. He returned it the next afternoon,
saying that he went hunting but did not
kill anything. During the investigation of
the homicide, the officers came to the home
of this witness, seized the rifle and turned
it over to the ballistics expert. Later this
expert fired several bullets from the rifle
and compared them under a microscope
with those removed from the head of de-
ceased. He was quite positive that all of
the bullets came from the same rifle.

On November 11, 1953, the day following
the discovery of deceased’s body, several
members of the State Constabulary, along
with a number of local officers, started an
intensive investigation. Early Monday
night, November 16th, they took appellant
from’ his home at Easley to the Sheriff’s
office at Pickens, where he was questioned
for several hours. Shortly before eleven
o’clock he was released so as to enable him
to go to work on the third shift in the mill
that night. He promised to be back in
Pickens at eleven o’clock the following
morning. He failed to meet this engage-
ment. It developed that he had disap-
peared.

About 8:30 on Monday morning, Novem-
ber 23rd, the Sheriff of Pickens County was
called over the telephone by a Mr. Ellis,
an Easley minister, and informed that ap-
pellant was there and desired to surrender.
As a result of this conversation, Ellis took
appellant to Pickens and delivered him to
the Sheriff. According to the officers, ap-
pellant seemed tired and worried and said
that he had been to Mexico and had lost a
lot of sleep. His first statement with refer-
ence to the homicide was made about nine
or ten o'clock that morning at Pickens,
when he said that Mrs. Wiggins met him
on a highway with the body of the de-
ceased in the trunk of her car, which was
then placed in the trunk of his car and taken
by them to McCormick County. Shortly
thereafter the officers proceeded with appel-
lant to McCormick. En route he remarked
that he had not told the truth. He then
said that he and Mrs. Wiggins went to

STATE v. CHASTEEN 8.0. 883

Cite as 88 S.E.2d 880

“Greenville on the morning of November

5th and picked up the deceased, telling him
that they were going squirrel hunting, atter
which the three of them drove to McCor-
mick County, where Mrs. Wiggins shot her
husband, After making this statement, the
officers stated that appellant, without any
aid, directed them to the alleged scene of
the crime. Upon arrival there, appellant
stated that he was the one who shot the
deceased while the latter was looking at a
squirrel’s nest. That afternoon the officers
took him to the headquarters of the Law
Enforcement Division near Columbia where
he was questioned for several hours. About
nine o’clock that night he made a lengthy
statement which was taken down and
transcribed by a stenographer, after which
it was signed by appellant who was given a

copy.

It would unnecessarily add to the length
of this opinion to relate the details of the
foregoing confession. In substance it was

‘as follows: Appellant, a 39 year old

married ‘man with two children, first met
Mrs. Wiggins while both: worked in the
weave room of the Glenwood Cotton Mills
at Easley. In January, 1952, after knowing
her about six months, he had a “date” with
her, in the course of which they went into
the woods and had sexual relations. From
that time on they went out regularly, at
first about every two weeks and later once
or twice a week. Occasionally they would
be accompanied by another couple. On
Wednésday, November 4, 1953, they had
sexual intercourse near a’ cemetery in
Pickens County. It was here that they had
their first affair almost two years previ-
ously. Both expressed affection for each
other and discussed the possibility of being
able to live together. Finally, Mrs. Wig-
gins told him that she was sending her
husband to Greenville the next morning and
“for me to meet him over there and
straighten things out and we would go
together and be happy always.” That night
he went to the home of his son-in-law and
borrowed a rifle, stating that he wanted to
go squirrel hunting. Early the next morn-
ing, November 5th, he bought some cart-
ridgés for the rifle, came to Greenville and

picked up the deceased. After suggesting
that they go squirrel hunting, appellant
drove to McCormick County where he shot
the deceased while the latter was looking at
a squirrel’s nest. Deceased fell and appel-
lant shot him a second time. He then re-
turned to Easley. He continued to work in
the mill. On Wednesday morning, Novem-
ber llth, he learned that the body of de-
ceased had’ been’ found. On Monday
night following he was picked up by the
officers and questioned for several hours,
but denied any connection with the homi-
cide. The next day he left Easley and
went to Mexico. He finally decided that he
would return home and surrender. He
reached Easley on Monday morning,
November 23rd, and found his family at
the home of his mother-in-law. He was
then informed that a warrant had been
issued for him. He indicated a desire to
surrender in Columbia but his wife and
mother-in-law advised him to report to the
Sheriff at Pickens. He requested that Mr.
Ellis, a minister, be called. Mr. Ellis came
and after prayers, appcllant requested him
to call the Sheriff of Pickens County. Fol-
lowing this conversation, he was taken by
Mr. Ellis to Pickens where he surrendered.

After signing the above confession, ap-
pellant was brought back to the jail at
McCormick. A day or so later he indicated
a desire to make a further statement. On
November 25th, he was again taken to the
headquarters of the Law Enforcement Di-
vision at Columbia, where shortly after
midnight a second confession was signed,
which in most particulars was similar to
the first. The differences are not very
material. In the second statement appellant
said he induced the deceased to go out with
him on the pretext that he (deceased) was
to be initiated by the “Secret Service” in
connection with a job which appellant
claimed to have arranged for him with that
organization.

Many of the facts stated in the confes-

_sions were corroborated by other evidence.

To illustrate: In the second statement ap-
pellant said that after the homicide he
found the deceased’s watch in the car and

ce
fy

Bhi na ria oo

880 §8.¢.

The STATE, Respondent,
v.
Marvin H. CHASTEEN, Appellant.
No. 17059.

Supreme Court of South Carolina.
Aug. 24, 1955.

Defendant: was convicted of murder.
The General Sessions Court, McCormick
County, T. B. Greneker, J., entered judg-
ment and defendant appealed. The Su-
preme Court, Oxner, J., held that evidence
was sufficient to show that confessions of
defendant were freely and voluntarily made
and such confessions were therefore prop-
erly admitted in evidence. .

Judgment affirmed,

!. Criminal Law €=531(3)

In prosecution for murder, evidence
was sufficient to show that confessions of
defendant were frecly and _ voluntarily
made and consequently confessions were
properly admitted in evidence.

2. Criminal Law €=519(3)

The mere fact that confessions were
made by defendant while in custody of
officers did not render them inadmissible.

3. Homiclde C268

In prosecution for murder, evidence
was sufficient to carry question of defend-
ant’s guilt to jury.

4. Criminal Law @1165(2)

Where the only rational conclusion
warranted by the evidence is that the
accused is guilty, the judgment of convic-
tion should not be set aside because of un-
substantial errors not affecting the result.

5. Criminal Law €=736(2), 741(3)

The question of whether a confession
is voluntary is one which is addressed to
the court in first instance, and if there is

88 SOUTH EASTERN REPORTER, 2d SERIES

an issue of fact as to the voluntariness of
a confession, it should be admitted and the
jury, under proper instructions, should be
allowed to make ultimate determination
as to its voluntary character and also its
truthfulness,

6. Criminal Law €=671

The better practice is for the trial
judge to conduct the preliminary inquiry
and determine the admissibility of the con-
fession in the absence of the jury, but
where the confession is finally determined
to be admissible, any error in conducting
preliminary examination in the presence
of jury is cured.

7. Criminal Law @=1168(2)

In prosecution for murder, fact that
on several occasions preliminary examina-
tion as to the voluntariness of confessions
was made in the presence of jury, did not
result in harm to the defendant nor was
there any prejudicial error in ruling in
presence of the jury that confessions were
admissible.

8. Witnesses ©=246(2)

Ordinarily examination . of ,.witnesses
should be left to counsel, but the trial
judge is vested with a wide discretion in
the conduct of a trial and can examine
witnesses if justice demands it.

9. Criminal Law €=656(2)
Witnesses €=246(2)

Trial judge has duty to see that justice
is done in every case, if it can be done ac-
cording to law, and if he thinks that attor-
ney for either party, cither from inadver-
tence or any other cause, has failed to ask
witnesses questions necessary and proper
to bring out all testimony, it is not objec-
tionable for trial judge to propound such
questions, but such questions should he
propounded in a fair and impartial manner,
and should not express or indicate to jury
trial judge’s opinion as to facts of the case,
or as to weight or sufficiency of evidence,

- STATE v. CHASTEEN' > <3. 8.C. 81
Cite as 88 S.E.2d 880

10. Criminal Law €=532

In prosecution for murder, wherein de-
fendant alleged prejudicial error on one
occasion when preliminary examination in
regard to voluntariness of confessions was
made in absence of jury and allegedly the
facts and circumstances relating to pro-
curement of confessions were not repeated
when jury was recalled, enough was asked
of the witness when the jury was recalled
to show that the confessions were volun-
tary.

11. Homicide €=166(8)

In prosecution for murder, admission
of testimony relating to illicit relations be-
tween defendant and wife of deceased was
entirely competent as showing motive for
the trime and there was nothing in the
testimony complained of showing that on
these occasions defendant had illicit re-
lations with any person other than wife of
deceased.

12. Criminal Law €=730(10)

In prdsecution for murder wherein
prosecutor stated that “Of course we'll
never know exactly what happened, because
he was the only one here who could tell

us, but he ain’t going to tell us, you know”.

the words that “he ain’t going to tell us,”
when considered in connection with rest of
the argument, was not to direct jury’s
attention to, defendant’s failure to take
stand and testify during the trial, but even
if jury received such an impression, its
effect was removed by express instruction
to jury that defendant’s failure to take
witness stand and testify on his own behalf
did not create any presumption against him.

13. Homicide €=>294(1)

In prosecution for murder, evidence re-
lating to defendant’s intelligence but not
disclosing that defendant was unable to
distinguish “moral or legal right from
moral or legal wrong” was sufficient to
justify trial court in declining to submit
plea of insanity to jury.

88 S.E.2d—56

14. Criminal Law €=571

Where there are several grades of an
offense charged in an indictment, if the
jury finds the defendant guilty but from the
evidence or lack of evidence have a rea-
sonable doubt as to whether he is guilty of
higher or lower grade, they should resolve
such doubt in his favor and find him guilty
of the lower grade.

15. Criminal Law €=885

Statute authorizing a jury where de-
fendant is found guilty of murder, to add
a recommendation to mercy, thereby re-
ducing punishment to life imprisonment,
does not fix two grades of murder, but
furnishes the jury with discretion to rec-
ommend ‘mercy and that discretion is an
unlimited one. Code 1952, § 16-52.

16. Criminal Law 797, 885

A recommendation to mercy by a jury
does not have to be based on evidence, but
it is sufficient to simply inform the jury
that they may recommend the defendant
to mercy, the effect of which is to reduce
the punishment for murder to life imprison-
ment. —

17. Criminal Law €=797

In prosecution for murder, instruction
that told jury that “if you had a reasonable
doubt as to whether or not you could rec-
ommend mercy, you may recommend mercy
for any reason you want or for no reason
at all,” was sufficient to fully protect de-
fendant’s right in respect to question of
recommending mercy.

—_——~.—__—_—

’ Frank E. Harrison, McCormick, Felix
L. Finley, Jr., Pickens, for appellant.

Hubert E. Long, Leesville, for respond-
ent.

OXNER, Justice.

Upon an indictment charging him with
the murder of Roy Wiggins on November
5, 1953, appellant was tried at the June,

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°GG6T $2 10Qo490 (MOTULICDON) dsds *oeTe faqtym S*H UTAreH —

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TEVTPE TESTI se

884 8.0. 88 SOUTH EASTERN REPORTER, 2d SERIES

upon returning home near Easley, he threw [4] In considering the other exceptions,
it in his outside toilet. Later the officers it is well to keep in mind the rule that
found the watch where appellant said he where, as here, the only rational conclu-
placed it. In both confessions he stated that sion warranted by the evidence is that the
on several occasions in going out with Mrs. accused is guilty, the “judgment of convic-
Wiggins he double-dated with one Charles tion should not be set aside because of
Gibson. This was confirmed by the testi- unsubstantial errors not affecting the re-
mony of Gibson. The description given in sult.’ State v; Evans, 202 S.C. 463, 25 S.E.
the confessions as to the manner in which 2d 492, 495. Also, see State v. Gilstrap, 205
deceased was shot and the physical sur- S.C. 412, 32 S.E.2d 163; State v. Hariott,
roundings at the scene was remarkably in 210 S.C. 290, 42 S.E.2d 385.

inane with the facts developed 4: the It is argued that the Court erred in con-
: ducting the preliminary inquiry as to the
The foregoing constitutes a brief sum- voluntariness of the confessions in the
mary of the State’s testimony. Appellant presence of the jury. On several occasions
clected not to take the stand. The principal the jury was excused during such examina-
testimony for the defense related to appel- tion but in one or two instances the pre-

lant’s intelligence and reputation. liminary examination was made and the
; trial Judge announced his ruling in the

[1,2] Appellant contends that in con- presence of the jury.
sidering the sufficiency of the evidence to
sustain the verdict, the confessions, to [5] The question of whether a confes-
which objection was made at the trial, must sion is voluntary is one which is addressed
be eliminated because involuntary. The to the Court in the first instance. If there
officers denied that appellant was intimi- is an issue of fact as to the voluntariness
dated, abused or threatened in any manner. of a confession, it should be admitted and
They said the confessions were made with- the jury, under proper instructions, allowed
out inducements of any nature and that ap- to make the ultimate determination as to its
pellant was repeatedly warned that any voluntary character and also its truthful-
statement made by him might be used ness. State v. Scott, supra, 209 S.C. 61, 38
against him. All of the evidence tends to S.E.2d 902; State v. Brown, supra, 212 S.C.
show that the statements were frecly and 237, 47 S.E.2d 521; State v. Livingston,
voluntarily given. No evidence was offered supra, 223 S.C. 1, 73 S.E.2d 850.
in behalf of appellant to the contrary. We
think the confessions were properly ad- [6] The better practice is for the trial
mitted. State v. Grant, 199 S.C. 412, 19 Judge to conduct the preliminary inquiry
S.E.2d 638; State v. Judge, 208 S.C. 497, and determine the admissibility of the con-
38 S.E.2d 715; State v. Scott, 209 S.C. 61, fession in the absence of the jury. 20 Am.
38 S.E.2d 902; State v. Miller, 211 S.C. Jur., Evidence, Section 534; Annotation
306, 45 S.E.2d 23; State v. Brown, 212 148 A.L.R., beginning on page 546. There
S.C. 237, 47 S.E.2d 521; State v. Living- is authority to the effect that where this is
ston, 223 S.C. 1, 73 S.E.2d 850; State v. not done and the Court thereafter deter-
Waitus, 224 S.C. 12, 77 S.E.2d 256. The mines the confession to -be inadmissible,
mere fact that they were made by appellant prejudicial error results. That question is
while in the custody of the officers does not now presented and we intimate no opin-
not render them inadmissible. State v. ion thereabout. The great weight of au-
Judge, supra; State v. Brown, supra. thority is that where, as here, the confes-
sions are finally determined to be
[3] Appellant's exceptions imputing admissible, any error in conducting the
error in not granting his motion for a_ preliminary examination in the presence

directed verdict of not guilty are clearly of the jury is cured. On page 550 of the

without merit. annotation in 148 A.L.R,, it is stated: “If

. STATE v. CHASTE
Cite as 88 S.E.2d wing VOC 2 8.0. 885

the trial court after the preliminary ex- the weight or sufficiency of th id ig
amination determines that the confession State v. Anderson, 85 SC 229 67S 233
was voluntarily made, its failure to conduct 238. ; ee en
such examination in the absence of the jury
is not ordinarily regarded as reversible A careful examination of this record fails
error.” In addition to the cases cited by to show that the trial Judge transcended the
the annotator in support of this view, see foregoing limitations, The questions pro-
Kirk v. Territory, 10 Okl. 46, 60 P, 797, pounded by him were not objectionable in
form. He had the responsibility of deter-
[7] We conclude that no harm resulted. iting whether a prima facie case was
in the instant case from the fact that on ee for the admission of ‘these’ éonfes-
several occasions the preliminary examina- eens See vee SG Me Wel 58 te ciate, 0G
tion as to the voluntariness of the confes- °° a ee bated GeRaHOns Were Baked ¢e
sions was made in the presence of the jury. ; — verde — of whether they were vol-
Nor do we think there was any prejudicial or
error in ruling in the presence of the jury
that the confessions were admissible. The [10] The further contention is made
trial Judge announced his decision in a most that on one occasion when the preliminary
forntal way without any intimation as to examination was made in the absence of the
the weight of the evidence. In State y, Jury, the facts and circumstances relating
Marlowe, 156 S.C. 363, 153 S.E. 340, the to the procurement of the confessions were
Court, in an opinion by Mr. Chief Teaice not repeated when the jury was recalled.
Watts, held it was not reversible error to It is said that this was prejudicial error un-
hear and refuse a motion for a directed der the case of State v. Rogers, 99 S.C. 504,
verdict of not guilty in the presence of the 83 S.E. 971. In that case no testimony was
jury. The better practice, Sivendus; da: vs offered on the question of voluntariness of
excuse the jury, the confession after the jury was recalled.
The Court held that this was error because
the burden was upon the State to show the
voluntary character of the confession. In
the instant case enough was asked of the
witness when the jury was recalled to show
that the confessions were voluntary.

[8, 9] It is argued that the trial Judge
erred in conducting the preliminary exami-
nation as to the voluntariness of the con-
fessions and in doing so, further erred in
asking leading questions. Ordinarily ex-
amination of witnesses should be left to
counsel. State v. Vickers, 226 S.C. 301, 84
S.E.2d 873. However, the trial Judge is
vested with a wide discretion in the conduct
of a trial, “It is his duty to see to it that
justice be done in every case, if it can be
yaa according to law; and, if he thinks
that the attorney. for cither i

, Party, either ¢, : ee
, tther erred in
pata aceite gres or any other cause, has State’s witnesses to eae ach mi nee
o ask the witnesses the questions | ee as
‘ “9 sions he and ano roman “
eee mpd and proper to bring out all the with appellant nee Seer —— ng
° pig which tends to ascertain the truth no error in the sikistiaion ire — a
. ps ara : — Z uls testimony.
aapcigoee eae eee Testimony relating to the illicit relations “sl
1s propounding tween appellant and Mrs, Wigsi
such questions; but, of course, } i spetent i ete
» he should do tirely competent as showi i
such 1 owing motive for th
en aes re a manner and crime. There was nothing in the tdkenony
s y the form or manner of his complai i
plained of showing that I
questions express or indicate to the j is si ict relations eh an,

est jury his sions appellant had illicit relati i
: a ations with
Pinion as to the facts of the case, or as to person other than Mrs. Wiggins sii

[11] The only other exgeption relating
to the confessions imputes error in admit-
ting that portion in which appellant stated
that on several occasions when he went out
with Mrs. Wiggins, they were accompanjed
by another couple who also had sexual in-
tercourse. It is also argued that the Court

.
*

PETTTPE TS LE LSCes ete
sibs aged at itl eee itisitatae

tpt

ssg. 8...

[12] We shall next consider the com-
plaint that the solicitor was permitted to
comment on the failure of appellant to testi-
fy. In the course of his argument, he dis-
cussed at length the confessions made by
appellant. He sought to point out that the
oral statements first made were untrue. He
then proceeded to discuss the written con-
fessions. He conceded that one or two
statements contained thercin were probably
incorrect but argued that the material por-
tions were true and corroborated by other
evidence. He then said: “The poor man is
dead and gone, but it certainly stands to
reason that’s probably what happened. Of
course we'll never know exactly what hap-
pened, because he was the only one here
who can tell us, but he ain’t going to tell us,
you know. If he told us, that must be as
plain as possible, because it checks with the
facts.”

Counsel for appellant strenuously argue
that the effect of the italicized language
was to direct the jury’s attention to appel-
lant’s failure to take the stand and testify
as to what happened. While the meaning
of some of the language quoted is not en-
tirely clear, due no doubt to inaccuracies in
the stenographic report, we are not in ac-
cord with the interpretation advanced by
appellant’s counsel. The language com-
plained of must be considered in connection
with that which the solicitor used before
and afterward. After pointing out the con-
flict between appcllant’s verbal statements
and his later written confessions, we think
the solicitor was endeavoring to argue that
while all said in the latter may not be en-
tirely true, the material portions represented
what probably happened and checked with
the facts established by other evidence. The
phrase, “but he ain’t going to tell us”, con-
sidered in connection with the context can
be reasonably interpreted as meaning that
appellant in his written confessions had not
disclosed everything that occurred.

Evidently appellant’s counsel did not at
the time construe this language as comment-
ing on the failure of the appellant to testify,
for no objection was made. Ncither did
the trial Judge receive that impression. The

88 SOUTH EASTERN REPORTER, 2d SERIES

question now complained of was first raised
on a motion for a new trial. It is certainly
doubtful whether the inference now sought
to be drawn by appellant’s counsel regis-
tered in the mind of any juror. But if by
any chance a juror received such an impres-
sion, its effect was doubtless removed by the
following instruction: “Mr. Foreman and
Gentlemen, I charge you that the failure
of any defendant to take the witness stand
and testify in his own behalf does not cre-
ate any presumption against him. The jury
is charged that it must not permit that fact
to weigh in the slightest degree against any
such defendant. Nor should this fact enter
into the discussions or deliberations of the
jury in any manner.” See State v. Wilkins,
217 S.C. 105, 59 S.E.2d 853.

The remaining exceptions relate to the
charge. It is claimed that appellant was re-
quired to rebut the presumption of sanity
“with reasonable certainty”, which was
equivalent to saying that he must establish
his plea of insanity beyond a reasonable
doubt. We doubt if the charge, considered
as a whole, justifies that construction. Just
before using the phrase complained of the
jury was charged that appellant must over-
come the presumption of sanity by the pre-
ponderance of the evidence. Later it was
expressly stated that appellant must prove
his plea of insanity “not beyond all reason-
able doubt but by the greater weight or
preponderance of the evidence.” The jury
was also instructed that if they had a rea-
sonable doubt as to whether he had made
out his plea of insanity, he was entitled to
the benefit of such reasonable doubt. How-
ever, we necd not pursue this phase of the
case any further because we do not find in
the record any evidence of insanity.

While several lay witnesses testified that
appellant, who quit school in the third grade,
was “to a certain extent weak minded” and
had subnormal mentality, none gave any
evidence from which it could reasonably be
inferred that he was unable to distinguish
between right and wrong. All of these wit-
nesses conceded that for a number of years
preceding the homicide, he had been reg-
ularly employed in a cotton mill. The only

eo a. _ 4
; (Recgrrmarcrsetcscmewpnvennmrtr atch inasioierreenccys tacastovnmponempsbeethsalilusen sasreneee seem enn’ dinase

JOSTATE vy, CHASTEEN S.C. 887
Cite as 88 8.B.2d 880

expert testimony on the subject of insanity
was given by a psychometrist from the
South Carolina State Hospital where appel-
lant was taken for observation. He testi-
fied that appellant’s mental age was eight
years and six months and that he had “an
intelligence quotient of 71”, which he classi-
fied as “at least borderline intelligence.”
This witness stated that the top mental age
in such a test is sixteen. He further said
that the accuracy of the examination de-
pends to some extent on cooperation and
that they found appellant had not cooperat-
ed on the first test. This expert conceded
that a person of appellant’s intelligence
could carry on a normal occupation and pro-
vide for his family. He was definitely of
the opinion that appellant was able to dis-
tinguish between right and wrong.

[13] We held in State v. Gardner, 219
S.C. 97, 64 S.E.2d 130, 135, that evidence of
the character offered in the instant case
was insufficient to raise an issue of insanity.
It was there stated: “Criminal responsibil-
ity does not depend upon the mental age of
the defendant, nor upon whether his mind
is above or below that of the average or
normal man, Subnormal mentality is not
a defense to crime unless the accused is by
reason thereof unable to distinguish be-
tween right and wrong with respect to the
particular act in question.” Also, see State
v. Fuller, S.C., 87 S.E.2d 287. The record
in this case is devoid of any evidence that
appellant was unable to distinguish “moral
or legal right from moral or legal wrong”.
The trial Judge would have been fully justi-
fied in declining to submit the plea of in-
sanity to the jury.

Finally, it is contended that the Court
erred in failing to charge the following re-
quest:

“Tf you should conclude that the de-
fendant is guilty, and further if upon
a consideration of all evidence present-
ed you have a reasonable doubt as to
whether or not the defendant should be
recommended to the mercy of the
Court, the law requires that you re-

solve such reasonable doubt in favor
of the defendant and recommend him
to the mercy of the Court.” :

On the question of recommending mercy,
the Court charged:

“And if you should conclude that the
defendant was guilty of murder and if
you had a reasonable doubt as to wheth-
er or not you could recommend mercy,
you may recommend mercy for any
reason you want or for no reason at
all. That’s left up to you.”

[14-16] In the request presented, appel-
lant was apparently seeking to invoke the
well settled rule that where there are sevy-
eral grades of the offense charged in an in-
dictment, if the jury finds the defendant
guilty but from the evidence or lack of evi-
dence have a reasonable doubt as to wheth-
er he is guilty of the higher or lower grade,
they should resolve such doubt in his favor
and find him guilty of the lower grade. But
the effect of our statute, Section 16-52 of
the 1952 Code, authorizing a jury whcre
a defendant is found guilty of murder to
add a recommendation to mercy, thereby
reducing the punishment to life imprison-
ment, is not to fix two grades of murder.
The discretion of the jury as to recommend-
ing mercy is an unlimited one. As pointed
out in State v. Jones, 201 S.C. 403, 23 S.E.
2d 387, a recommendation to mercy does not
have to be based on evidence. It was held
in State v. King, 158 S.C. 251, 155 S.E. 409,
that it was sufficient to simply inform the
jury that they may recommend the defend-
ant to mercy, the effect of which is to re-
duce the punishment to life imprisonment.

[17] Appellant’s request was not pre-
sented until the conclusion of the charge.
It is obvious that the trial Judge sought to
make it conform to the foregoing rule that
a recommendation to mercy rests entirely
in the discretion of the jury and may be ex-
ercised independently of whether the evi-
dence warrants it. The instruction given
fully protected the rights of appellant in

respect to the question of recommending
mercy.

Weer Tr

TESTS EE ES PETEPESUSEG EE ETDS E2 FE ERT EYEETS EELS BS REPS PETES EEROR TS CSET TERETE TERETE FEFERTTE TEST Fe EEE

CLARKE, Jeff, black, hanged Monck’s Corner, Berkeley Co., January 15, 1909.

Clarke, 22, was a mulatto whose father was a white man named Calvin Clarke. Clarke
thought that his father had some mortgage money and put concentrated lye in his coffee. The
father became ill and went to bed but when he did not in an hour’s time, the son shot and killed
him with a shotgun. He carried the body in a farm wagon to a distant field and dumped it in a
compost heap. Two unsuccessful efforts to lynch Clarke were made.-State, Columbia, SC,
1/16/1909 (10/3), News & Courier, Charleston, SC, 1/16/1909 (1/4).

COACHMAN, Cyrus, black, hanged Darlington, S. C, June 1), 1869,

"From the Charleston (S. C.) COURIER, Jane 13, 1868 = About 11 o'clock Friday night
last five negroes came to the store of Mr. M, A. Muldrow, in Darlington Dsitrict,
about nine miles from the Court House, and rapping up the clerk, Mr. Re Suggs, asked
admittance, Mr. Suggs inauired who they were, and receiving the answer that they were
friends come to trade with him, opened the door of the store, Four negroes, armed with
flouble~barrelled shot gunts, entered, and placing their weapons in the corder of the
room, commenced examining goods, remarking that they were in the employ of the rail-
road, had just been paid off, and desired to make purchases to the extent of $10 each,
About $50 worth of goods were selected, when one of the number asked Mr, Suggs if he
could change a Treasury note of the denomination of $100, The wife of Mr, Suggs, who
was in an adjoining room, heard the remark, and her suspicions being excited by it,
she went out of the back door to the house of a gentleman named Wyndham, and requested
him to come to the store, and in ancase any trouble should occur to render Mr, Suggs
what assistance he could, Mr. Wyndham complied, taking a gun with him, and as he
reached the store heard the report of a shot, He threw open the door, and was immed-
iately fired upon five times by the negroes, He returned the fire, when they rushed
upon him and seized his gun, and a scuffle ensued, during which he managed to effect
his escape, and repairing to Mr, Muldrow's house reported the condition of affairs,

As soon as the latter could dress and arm himself, he ran to the store, accompanied by
Mr. Wyndham, There all was quiet, and entering they found the shelves of the store
completely stripped, the money-desk robbed, and the clerk, Mr, Suggs, lying dead on
the floor, a load of buckshot having passed through his head, From this melancholy
scene Myssrse Muldrow and Wyndham went to the home of the latter, where they found
that Mr, Wyndham's father-in-law had been dangerously shot twice in the head, and

his wife in three different places an the person by the same party of negroes."

TIMES, New York, Ne Ye, 1/20/1868 (2-5.)

COLE, John, black, electrocuted SP (Charleston Co.), August 22, 1912.
“Another Death By Electric Chair.
“John Cole Executed at State Prison Yesterday.

“John Cole, a negro convicted in Charleston county for mruder, was put to death in the
electric chair at the State penitentiary at 11:09 yesterday morning. He died protesting his
innocence. Cole was led to the chair a minute or two after 11 o’clock. After the cap had been
adjusted, he asked to say a word. Several negroes were in the death chamber. ‘I Just wants to
say to my color,’ said the condemned man, ‘that I am glad to see you here. This is a warning to
you all. Of course, I am going to Jesus. I want to say to you all, be particular.’

“Rev. J. C. Abney, the prison chaplian, had been with the negro an hour or so before,
and had asked him if he would confess. The negro said that he was innocent. Cole thanked
all those at the prison for their kindness to him and said that he had nok feeling against the
electrician. Someone had to turn on the current. The remains were buried at the penitentiary,
the dead man’s family putting in no claim for the body.”-State, Columbia, SC, 8/23/1912.

s. JAW WILNOUL PERsry se pace
> Whether guilty of innocerth ’

96.

t Jonin Cole; 8, ‘neste’ “convicted 1
Charleston county, for “murder, ).%
pak, to dpath “in the electric chair’ ‘at sect
» the Btate penttentiary at 1%; 09 yester>
|” @ay morning. ‘ 6 diet preventing bis j: Bl
innocentea : . : '
1 Colas we ied to ibe: cha‘, x cpianed
or two after 31° o'clock. “etter ¢
“eap pad. deen adjusted he asked “to gr
, way a word, Several negroes woth: in ot
‘the death ‘chamber, 7.0505 5: oe
aan ¢ “juat ‘wants to: say ite my color’
: +, gad the . condémnéd . man tm part ft)
~ +: that 1 gm, giad to see you here.’ This) Cor!
Ba amy & warning to Jou all. 3.08 ‘gouree ;
‘I'm going to Jesus»; 3-want {0 my, hod
yoy. all. be particular,” apo,
i Rev, J. c. Abney, the prison \e

those at the
to Dimoand “sat
. 9ng agnitist the slertrtciat.
ind te ture on the current. The ' re
reaking were buries at’ the *penttens £5
d mans ane puting hy

Atlanta Constitution i222] 5:1 CX |
| oS [sc]
Nictim's name wes Henry Rembert. Beth - and os were
butchers by trade and they had an association between them
wherein they would ply a Country route together purchasing
livestock for Slaughter. Rembert was white, aged 22. On
blo they were ot a point 3 miles from Georgetown on
the Santee River ory to another bu ying expedition
when Cox Killed eee the Sake of iis money, Gave
out 4 terous story that they had missed the ferry and
victim oe phere in attemp t to swim across Santee River.
However body found with nt neck and ugly head wound.
Rembert's money and Knife found on Cox. Defended at trial
by Congressman Mackey and denied murder to the last.

COX, Jerry

Black, hanged iy Georgetown, So CG, on Dec. ol, 1883, for
the murder of Herman.

NEWS, Galveston, Texas, 12-23-1883 (li/7.)

tb ucatachaee SC EP p Chek haiced). L f/- 50-1934.

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X74 2 BAILEY'S LAW REPORTS

Brevard, in the case of the State v. Fley &

Rochelle, that the distinction between the
principal in the first or second degree, is only
nominal, and ought to be exploded: and,
that if the prisoner was present aiding and
abetting the murder of his father, he may
well be charged to have committed the mur-
der with his’ own hand, notwithstanding in
truth and in fact the slave Jack struck the
deadly blow. For when one does an act in
the presence, and with the assistance of an-
*75

other, the act done is the act of both, *2
Hawk. P. G. ch. 29. see. 7 1 Chitt. Crim.
Law. 256. State v. Mey & Rochelle.

he fitth ground supposes that the Judge
erred, in not instructing the jury, that if the
aet committed by the slave, bad been by &
white man, it might have amounted to only
manslaughter; and if so the prisoner could
be guilty of no higher offence. The Judge
was, I think, correct: on the facts of the
case no such legal distinction could arise.
The slave was either guilty of murder, or
guilty of no criminal offence; and the prison-
er stands precisely on the sue footing. It
is, I think, a mistake, to suppose, that if a
white man had done the same act, and would
have been only guilty of manslaughter, this
could have made any difference in the degree
of guilt which the prisoner incurred. 'To see
that the distinction is visionary, let us see
what is manslaughter: it is an unlaw ful kill-
ing of a human being, upon sudden heat : nd
passion, arising from reasonable provocation.
Reasonable provecation being proven reduces
a killing, upon a consequent sudden hent of
passion to manslaughter. What is reason-
able provocation? It is as various as the dif-
ferent stations and relations of man. Two
freemen are equal, the slightest touching of
the person of one by the other i a rude, in-
solent, or angry manner might reduce a kiil-
ing to manslaughter, Parent and ehild, mas-
ter and apprentice, stand in a different vela-
tion to each other: obedience is due from
the child, or apprentice to the parent or was-
ter, and to enforce it, they have the right to
use moderate correction; if in the exereise
of this right, ihe child or apprentice was to
kill the parent oor naaster, if would be nar
der. oon master, by Che common Inv of
ilis State, a siive owes pASSEVE Abedienees
to enforce it the master has fhe right of cor.
rection, and if while exercising this right the
slave should kill bis master, he would be
guilly of murder at common iw, and nol by
statute; and his aiders and abettors being
present, would be guilty of the same offence.
Let it be supposed, as the prisoner desires,
that his father was correcting the slave Jack,
and that Jack, while writhing under the lash,
put the father to death; that all this occur-
red in the presence of the prisoner, and
whilst his father was supplicating him for
assistance; that although he took from the
slave one deadly weapon, be left him in pos-

session of another equally deadly; and that
he never even lifted a finger or spoke a word
to save his father from the enraged savage,
*76
who was with blow after *blow depriving
him of life: and then let it be asked what
is his offence? Would not the reply be, it is
equal to, or greater than that of the slave?
If the latter is guilty of murder so also
is the prisoner. But the facts do not even
authorize this supposition. The proof war-
rants the conclusion, that the blows which
the prisoner said he heard, and which it is
too probable he saw, and did not prevent
were only the deadly blows which the slave
inflicted on his parent, while calling the unh-
fortunate paricide to his rescue ; and that it
was a deliberate and savage murder, without
even the excuse of a blow from the master
or father. A case might be supposed where
the prisoner’s guilt would be murder, not-
withstanding the actual slayer was only guil-
ty of manslaughter. If a ~vhite man and the
prisoner’s father had been engaged in a sud-
den affray, and the prisoner with a settled
design of taking his father’s life, had aided
his adversary in killing him, it would be
murder in him, while it might be but man-
slaughter in the actual slayer. Plowd. 97, 100.
Indeed I would go still further, and say that
a case might exist where the slayer inight be
legally innoceut, and the prisoner guilty of
murder. If Jack had belonged to him, and
he had forced him against his will, to kill
the father of the prisoner; the slave acting
without a will, but by his master’s compul-
sion, would be the bloody instrument of his
cruelty, but might be guilty of no legal of-
fence: the master would be guilty of mur-
der. [See Slater’s case decided at Charles-
ton, by Mr. Justice Wilds.] It was supposed
at the bar, that the offence in this case on
the part of the slave, was analogous to that
of petit treason in England: and that a
stranger who procured that offence to be
committed in his absence, could not be an ae-
cessory to it; but on looking into Hawk. P.
G. ch. 32, see. 6, and 8, Chitt. Crim. Law, 742,
it will be seen that he would be an accessory,
before the fact to the crime of petit treason.
Tt is true that if at common law, the offenee
of kiting mo omaster by to shove had been only
mianshuushter, and by statute, be, as the ve
{unl siayer, bad been deelnred to be guilty
of murder, then the prisoner as i peimedpad
in the sceond degree could only lave beer
euilly of manslaughter. rut if it liad been
made by statute a new felony or a statute
had taken away the benefit of clergy from it,
as an existing felony at common jaw, then
the prisoner being present aiding and abet-
ting its commission, would be a principal, and
could be charged as such. 2 Stark. Ey. 4
part, 11.
*77

«The sixth and eighth grounds may be con:

sidered together. The rule is familiar, that

RE ee

DOUGLASS vy.

confessions of guilt extorted from an necused,
by either hope or fear created by any one
with a view to obtain from the prisoner a
confession of his guilt, cannot be received:
but yet if a confession thus obtained point
to a distinct substantive fact, from the proof
of which guilt can be established, it is com-
petent evidence. 2 Stark. Dy. 4 part, 49, 50,
and 51. State v. Watts & Pindar. Wut the
facts in this case do not warrant the conelu-
tion that the prisoner’s confession was ob-
tained from him through hope or fear crest-
ed by any one with a view to induce him to
confess. Wylie used no threats, nor held out
any hope of immunity from punishment to
induce the prisoner to confess. He only ad-
vised him if he knew any thing of Jack's
guilt, to disclose it, and thereby prevent the
reproach, which would otherwise be fixed on
the family of the deceased, if it should be
believed, that they, to save the valie of a
slave, had concealed the murder of the hus-
band and father. If upon this he had con-
fessed his own guilt, it would have been
evidence against him; for there was no in-
ducement held out to him to confess any
thing against himself, but he denied to
Wylie all knowledge of Jack’s guilt, and
even asserted his innocence. If this false
statement has prejudiced him, his blood
must be on his own head, for nothing said by
Wvlie was calculated to induce him to assert
what might not be true, in order to save
himself from danger. His confession § to
Caheen might have been, as T have no doubt
it was, made in great agitation. For if
guilty, how could he look on the mangled
corpse of his father, after its disinterment,
without feeling like, and saving with the
guilty Cain, “every one that findeth me, shali
slay me!” Tf under this agitation, thus
produced, his guilty conscience prompted the
disclosure which he did make, it was evi-
dence against him, if Cabeen did not super-
add the influence of hope or fear, which would
induce us to believe that it proceeded from
this influence, and not from his own troubled
will. Mr. Cabeen, as the sheriff of Chester
District, arrested the prisoner, and soon
after tied him; soon after this, the prisoner
asked Cabeen to step aside with him, which
he did; he then asked Cabeen if those who
concealed a murder were equally guilty with
those who committed the act; he told him
he believed the Jaw so considered them, onty
they were not generally so rigorously deal

*78

wih. Upon *this the prisoner made the eon-

on, Which Mr. Cabeen was permitted by
the Circuit Court to prove, and, as fT think,
correctly,

It is to be remarked that the prisoner
sought the opportunity, and the person, to
whom he thought proper to confess; sand
asked his legal opinion of the consequences

of the crime of which he confessed himself |

FERNANDIS «79

to he guilty: Mr. Cabeen made no proposition
fo him to confess, he held out nothing to in-
duce it, he barely gave a legal opinion, in
which he stated the law more. strongly
against the offénce of which they were speak-
ing than it really is. For the fact of conceal-
ing a murder might have made the prisoner
an accessory after the fact; but that is a
clergyable felony. In no point of view can
his confession to Cabeen be considered as
obained by improper influence. It was the
voluntary outpouring of his guilty conscience,
and is not only evidence, but the very best
evidence of his guilt.

The seventh ground was not insisted on by
the prisoner’s counsel, on the arguinent, and
the Court see no ground to be dissatisfied
with the decision of the Circuit Judge in this
respect,

The ninth ground relates to the sufficiency
of the evidence to econviet the prisoner. Sev-
eral months ago the volume of evidence now
submitted to the Appeal Court, was in sub-
stance submitted to me, on application to
bail the prisoner. I was then satisfied of
his guilt: I have again heard the evidence,
and with an anxious desire to come to the
conclusion, that one so young, might be inno-
cent of the monstrous crime of parricide, I
have again and again reviewed the facts;
but my feelings have been compelled to yield
to ny judgement, and I am constrained to
say with the jury, that his hands are stained
With the blood of his father, and that he is
guilty of his murder.

The motions in arrest of judgment and
for a new trial are refused.

2 Bailey, 78

JOHN DOUGLASS ct ux. v. LEMUEL
FERNANDIS.

(Columbia, Jan., 1831.)

[Boundarics €==3.]

Course and distance are less to be confided
in than any other of the evidences of location,
and must always yield to natural or artificial
marks, stations. or boundaries, where the latter
can be ascertained with a reasonable degree of
probability: Thus, where a corner, called for by
a plat, was found within a few chains of the
spot. indicated by course and distance; and
the line from that corner was identical with a

*79

bound*ary ealled for by the plat. although on a
different side of the traets Weld, that the loen-
tion must be governed by the corner nme bound-
ary; and a verdict founded on eonrse and dis-
tanee atone, was set aside.

[wd. Note.—-Cited in Hvans v. Weeks, 6 Rich.
al :

Hor other cases, see Boundaries, Cent. Dig. §
16; Dee. Dig. G3. ]

Tried before Mr. Justice Johnson, at Un-
ion, Fall Term, 1829,

Trespass to try titles. The plaintiff’s title
was derived from a grant to Swanson Luns-
ford, in 1799. The defendant claimed under

@=> lor other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

its.

fodiastRH tae

nant Williams. They were scouting a
share-cropper’s cabin, concealed by a
cornfield, at the brim of an almost im-
passible wagon road that led in a half-

mile from the Pamplico-Dewitt's Bluff.

road not far from where Betty's corpse
was discovered.

“‘It’s been praying on my mind,” the
stoop-shouldered old cabin dweller blub-
bered. **Most nobody uses that old road
in a car, unless they’re crazy. But some-
body did, early Monday morning, right
after the rain storm —car lights woke me
up. Tires were squealing for a long time.
Then it went away.”’

Knee-deep in goose-foot shrubs, the
tireless trio scoured the edge of the trail
that corkscrewed through a seemingly
endless: shadowy growth. With
miraculous luck they discovered bare
footprint tracks that led from near the
deadend of the plunging wagon trail,
across a corner of the cornfield, toward a
briar patch and a ringlet of needle-pines.

Following the trail into the thicket,
their eyes strained for a glimpse of any
small clue. There, hidden by cornstalks
and inhospitable weeds, the trio spotted a
timeworn abandoned well, heat dancing
and radiating off its stones.

‘*A hellofa spot to hide a body,’’ Sher-
iff Hanna exclaimed. The others nodded.
Sheriff Hanna hiked back to the nearest
farm, borrowed a rope, and returned.
**Hoist me down there," he told his two
companions. Minutes later they hauled

. up the body of Harvey Allen, reeking

with a putrid smell. The corpse was bloa-
ted, like a dead whale, and its purplish
puckered tongue was swollen twice its
natural size.

Further examination of the grounds
provided the officers with three sheets of
burlap cloth, reeking of kerosene.

‘*Probably planned to burn the body,
but something interfered,’’ Williams
suggested. a

Concealed beneath the burlap was the
rubber floor mat, missing from the Ply-
mouth sedan, and beneath this, Betty
Cain's light-tan topcoat.

Snuggled in the topcoat was the care--

fully wrapped head of the slain girl.
Facial lesions told them that both vic-
tims had been beaten. Post-mortem ex-
amination by Dr. Claussen showed that
both had been shot, the girl in the left

temple, the young lad behind the right
ear.

From a bloody and yellowish scrap of
Allen’s brain fell a .38-caliber bullet. His
wallet and self-winding wristwatch were
missing.

‘*Undaubtedly,’’ Chief Cross de-
clared, *‘the guy we’re looking for lives
near. Nobody else would have known
about the old wagon road, let alone have
been able to find this abandoned well.”
/ Lieutenant Williams sucked in his
breath, straightened his huge frame, and
stared down at Chief Cross, crouched on
bent legs.

**Then it shouldn’t be too hard to ferret
out,’’ he smiled. ‘Nothing here-abouts
‘ceptin’ a few farmers. What are we wait-
ing for boys!”’

With the determination of an aroused
badger, they returned to the old woman.
She and her husband lived in a small
shack on five acres. Their daughter, re-
cently married, occupied a shanty on the
farm, about a mile up the dirt road, be-
hind a clob of scrub trees.

They encountered Mrs. Page in a rag-
gle-taggle lot behind the pigpens. She
was hanging wash just done by hand. Her
husband of a few weeks, Jake, a big,
rangy man, about six feet two inches,
maybe a hundred eight-five pounds, left
that morning for Tarboro.

‘He said he had some business up
there,’’ Mrs. Page said. A quick search
of the shack revealed that Page had
apparently taken every stitch of clothing
he owned on his trip to the North Caroli-
na city, some two hundred miles away.
The male occupant of the house had
given no reason for his sudden departure,
other than ‘‘business.'’ He didn’t say
when he'd be back.

While Chief Cross and Sheriff Hanna
questioned the frail, black woman, Wil-
liams rummaged through a stack of

- books in a corner. Suddenly,’ title stood

out. He picked up the volume, and it fell
open at a passage circled in pencil. Wil-
liams devoured the article through
squinting, small spectacles.

“‘Get a load of this,’’ he gasped to his
colleagues.

The novel was a murder mystery. It
had opened to a description of a killer’s
burial of his female victim. In the story,
the killer had had to cut off his victim’s
head to fit the body into a makeshift
grave! The three officers thanked the
woman, scooted to their car, and made a
beeline toward Tarboro.

The hunt for Jake Page fell flat in Tar-
boro. Jake had flown the coop only hours
before their arrival. Obviously, he had
been on the hop since the papers told of
the discovery of Allen’s bloated body in
the well, and Betty’s unearthed head.

Meantime, in South Carolina, police
were diligently seeking other leads to
whatever refuge the fugitive had sought.
This time, luck would have to be sup-
plemented by speed.

Page had weasled into the Pamplico
area the previous summer. Lame, and on
crutches, he had swilled down too many
brews and rammed his motorcar into a
telephone pole.

Through tedious work, Investigator
Cates accumulated a bevy of fingerprints
from the sharecropper’s shanty. Finger-
prints don’t lie; the name Jake Page was
phony. His factual name was Raymond
Carney, and he had served a stretch for
larceny in a North Carolinia prison. A
year earlier, he had run away from a road
gang while serving time for house-
peeping.

Carney’s wife said he had often
boasted of his ability with a gun. He
owned a snub-nose, pearl-handled pis-
tol, she said. A search of the property
failed to unearth the gun; a telltale signal
that he was perhaps armed and mighty
dangerous.

‘I warned him about the gun,’’ Mrs.
Page said. ‘‘Jake had an accident with it
awhile back. He’s still carrying a slug in
his hip, where he shot himself.”’

There was an unfathomable depth of
color in the clouds as the two in-
vestigators sped homeward, smiling and
trading grins. .

Perhaps Carney had hastened his own
end through a fortuitous stroke. If he
could be captured before the removal of
the bullet from his hip, then ballistics
could compare the slug with the one
taken from Harvey Allen's brain!

A convoy of late afternoon clouds had
gathered to the west, high and unmoving.

Chief Cross was on his way home to ~

catch some shut-eye, when he spotted
Carney’s father-in-law laboriously plow-
ing a field of corn. Cross parked his ma-

chine and trudged heavily up to the old

man. .

**We hope to match the slug in Car-
ney’s hip with that in Allen’s head, when
we catch him,”’ the officer casually said.
The old man reacted as if he were con-
templating a row of alfalfa.

‘* “Taint necessary,’” the toothless
man answered, spurting tobacco juice.
*“Jake was always practicing with that
gun at a target on a big pine near his
cabin. Must be slugs in the tree — any
fool could figure that one out.”’

The chief's face turned the color of
salmon. Without a word, he turned on his
heels, jumped in his patrol car, and was
swallowed up in the dust on the road back

to Carney’s cabin. He dug one pellet

(continued on next page)

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hog ranch. A regular hellion, he was in
his late 20s, and a hulking brute.

‘*He gets stiffer than a peg, now and
then, and thinks its fun to torment and
bully lovers in parked cars,’’ Shute con-
tinued. ‘*I had a complaint on him sever-
al weeks ago. | warned him to stay out of
my district or I’d slap him in the hoose-
gow. My guess is, he don’t scare easy.”’

‘*Have one of your men drive down to
question him,’’ Chief Cross said. **Any
others?”’ .

‘*Nobody offhand,’’ Sheriff Hanna re
plied. *‘Unless it’s Butch Mullins. He’s
got about as much conscience as a fox in
a hen house, when he gets hold of a jug. I
remember he was particulary friendly
with a schoolteacher over in Marion
County a while back. He got tanked up
and slapped her around. Her screams
brought a ham-fisted neighbor, who

whipped him until his arms ached.”’

Several days later the cops had almost
completely drained their resources, and
nobody had seen either Stark, or Mullins
in the vicinity of the murder, on.Sunday
night. Investigator Cates worked swiftly,
dusting Harvey Allen’s Plymouth sedan.
Finally he uncovered the fingerprints of
two men from the enameled exterior of
the vehicle.

An active crew still plagued the trail of
young Allen. Of particular value was in-
formation received from his bank in Lat-
ta. There had been no recent withdrawals
of any large amounts, which would indi-
cate that he hadn’t left Pamplico by any
means other than his own automobile.

Days slipped by without any clues.
There wasn’t even a whisper of young
Allen’s existence. Finally Mr. Allen
phoned Chief Cross.

‘*Chief, my boy would have contacted
me by now. I’m quite sure he was killed
along with that Cain girl.”’

‘*‘Mr. Allen,’’ the Chief replied.
‘**You’re probably right. I’m sorry.”’

The party of searchers that sifted the

fields spangling the road between Pam- -

plico and Dewitt’s Bluff, under the roast-
ing sun, was madder than hornets. It was
hard to imagine that they could have mis-
sed a grave.

Ransom Stark had a drum-tight alibi, .

and was discarded as a possible suspect.
He had been to the movies in Florence on
Sunday night, with a girl who brought
him home to meet her folks. They talked
until past midnight.

Butch Mullins had also covered his
tracks for Sunday night.

‘*] drove down to Charleston Sunday

afternoon,”’ he said. **] hung around till
two in the morning. I didn’t get home till
daybreak.”’

He steered sleuths to a pal of his in
Charleston, who could vouch for his stay
in that city. Police there told Chief Cross
they would check on Butch’s story and
call back. His family backed-up his alibi.
He had often stayed out until late. His
hobby was drinking, and his 195-pound _.
body absorbed liquor in prodigious
quantities.

The grisly rape-slaying of the blue-
eyed redhead outraged the tiny town of
Pamplico and neighboring villages, and
soon knots of wrathful men pushed into
the town square like untamed animals.
Some prattled on about revenge. Others
sought the $1000 reward posted by. the
state. A Charleston tabloid added another
$500 to that sum, and Latta, young
Allen’s original alma mater, started a
reward fund which matched that of Pam-
plico.

And then the devil blatantly shirked -
his duty. Police were blessed with a valu-
able clue. In the slime, near Betty’s
grave, they lifted the bare footprint of a
man. It was hardly plausible that any of.
the posse men would go traipsing
through the underbrush without shoes.
The print had to belong to the killer.
Chief Cross smiled. Suddenly deuces
were wild and he had two in the hole.

‘*He took off his shoes, I suppose, to
keep them dry when the car bogged down
in that mudhole,’’ the chief reasoned.
**We made a plaster cast. It’s a huge foot
— eleven and one-half inches long. We
have a suspect with a foot that big. We're
gonna pick him up right away.”’

The valley floor was a carpet of soft
blues and greens with an occasional stray
boulder rearing a scarred head out of the
mass of bush and dead twigs surrounding
the pigsty Butch Mullins called home.
Butch remained as calm as an oyster as he
took off his shoe and placed his foot in
the plaster cast of the print taken from
near the death spot. Butch’s. foot was
even larger than that of the cast! Moreov-
er, when Cross got back to his office, he
found a message from the city police at
Charleston. They had substantiated
Butch’s alibi, and immediately he was
cleared of suspicion. .

A week after poor Betty Cain’s mur-
der, all businesses in Pamplico closed
and the village population turned out to
attend funeral services in the triangular-
shaped Methodist church where she had
often sung hymns with her classmates
and friends.

Everyone in town was there except
Chief Cross, Sheriff Hanna, and Lieute-

(continued on next page)
35

Re ee a ON

Odie Gat AE BAT WS ee St.
sf

ipa BEES

Pease

sake Roe ieee S

Detectives hear the gruesome story straight from the beheader’s lips. From his rocker, it

usual markings and extra equipment on
the machine. When passing hours failed

~ to clear up any part of the mystery, offic-
-ers from Florence and-Charleston were:
drafted to assist in the manhunt for the

killer.
It was unlikely that anyone could have

~ raped Betty Cain while she was under the

protection of Harvey Allen. At five feet

- ten inches tall, and weighing a solid 185

pounds, he was built like a wrestler and
stronger than horseradish. He was the
best center Pamplico high’s football team
ever had, and was president of his senior

class before his graduation and induction
. into the Air Force. ;

He was popular with the girls, As long

as they had curves, he had an angle.

His stretch in the armed services had

done nothing to weaken Allen physically |

and, since his discharge 18 months ear-
lier, he worked the stubbled fields on a
neighbor’s farm. Had someone stolen up
on his parked car while he was with the
beauteous cheerleader, by, the spreading
Pee Dee River, Harvey would have
fought like a mongoose before surrender-
ing his date to a rapist.

So the police, and the families of both
parties, were completely baffled. Where

was a short step to the electric chair.

was young Allen, or his body, if he was
actually dead?

“If young Allen didn’t do it,’’ Chief
Cross said, *‘then there’s no doubt that
he’s dead. Whoever laid hands on that
girl had to kill Harv first, and he’d take a
lot of killing.”

A five-acre fish pond on the hardscrab-
ble land by the tobacco barn seemed the
most probable place for the disposal of a
second corpse, and perhaps the missing
girl’s head as well.

Wind hissing in their ears and stinging
their eyes, a column of workers dragged
the pond and finally drained it dry. But its
slushy bottom yielded up no severed
head, and no body.

A lifesaving and rescue team came
down from Dillon that afternoon. They
dragged the Pee Dee downstream from

‘the Bluff as hundreds of spectators from
nearby communities gathered on the
banks. They cheered when a prober
found a bloodstained T-shirt near the
drained pond, where sage grew sparsely.

Mr. Allen stood in a trancelike gaze
while examining the shirt. ‘‘It looks like
my boy’s shirt,’’ he mumbled.

Twenty-four hours later a report from
the state laboratory gave rise to the sus-

picion that Harvey Allen was still alive
and on the run. Medical experts came to
the conclusion that all the bloodstains
thus far discovered — on Allen’s T-shirt,

in his car, on a tree twig, and at the .

apparent murder spot — were of Betty
Cain’s blood type. None matched Har-
vey Allen’s, according to the records at
the Air Force base.

The afternoon papers carried a one-
page story on the hunt for Harvey Allen.
They said he walked hunched over, like a
praying mantis, was husky, and possibly
dangerous. Copies of his photograph,
taken from the school yearbook, were

distributed by prowl cars to stores and_-

businesses within a hundred miles.

Meanwhile, Police Chief Cross did not
want to eliminate the possibility that an-
other suspect might be lurking around
Pamplico.

‘*I’m sure that Betty’s murderer must
have known the Bluff area well enough to
have found the old stump hole to serve as
a grave for her corpse,’’ he told a group,
which included Hanna, Shute, and
Lieutenant Williams.

‘*There’s Ransom Stark,
Deputy Shute suggested.

Stark lived Gn the edge of town on a

for one,”’

Ege

from the tree, a .38-caliber slug, in ex-
cellent shape. Laboratory work proved it
had been fired from the same pistol used
to kill Harvey Allen.

Two days of the hunt had hardly
elapsed when residents of the country-
side known as the Willow Creek district,
nine miles northeast of Pamplico, were
certain they had seen Carney trekking in
and out of the swampy woods.

Baying, yelping bloodhounds were
subsequently trucked to the sight. They
flushed up pheasants and few frightened
bunnies, but no fugitive slayer. For days
an ever-increasing army of trackers com-
bed the forest, but if the killer was there,
he was quicksilver.

**So far there isn’t anything,’’ Cross
admitted to a group of reporters. The
chief held up a circular. ‘*We’ll have to
get action soon — the people of Pamplico
are roused to a frenzy.”’

The circular announced that the re-
ward fund had grown to $3,200 for in-
formation leading to the arrest and con-
viction of the slayer. As a result, Carney
was reported in more areas than any man
could cover in a month . In response to
calls from frightened eyewitnesses,
police searched several desolated fore-
sted areas, but it was always the same
story; broken branches dangled from
large trees, and small bushes and trees
were snapped in half, but no killer.

On Saturday, December 19th, 1953,
three bird-hunters were shuffling
through a field just south of Johnsonville,
in southeastern Florence County, just fif-
teen miles from the sight of the murders.

They were jabbering about the murd-
ers, for the anger of Betty Cain's town-
folk had not cooled’ in the twenty-six
days since her death.

**Could be,’’ one remarked, ‘‘that
Carney’s traipsing around these parts.”’

**Who says so?’’ his friend queried.
**Who’s seen him around here?"’

‘*Nobody. But there’s something
queer been going on. I’ve spoken to a
dozen farmers who say their cows’ve
been milked at night, and ol’ Gus has
been probing the terrain for a chicken

own prints back on it. '

SSS x
cS

ie
big

‘“

Solve-A-Crime Solution |

You suspect Eden killed Tilley. You’re pretty sure it wasn’t Ritson, His |
2 were absolutely the only prints on that knife...

wiped it clean of prints before Ritson touched it. Under normal circum-
we: stances, it should have had the fingerprints of the maid who put it away, §
Now Ritson wouldn’t kill somebody, wipe the handle clean, then put his

If Tilley killed himself, his prints would be on it.
And as Eden seems mighty keen to get his Sriend in hot water, it looks
like he knows more than he’s saying.

A quarter-mile later, the three hunters
fanned out in the field between Route 41
and the Seaboard railroad tracks south of
Johnsonville, and looped toward the
deep inland forest, a favorite hunting
area.

In a secluded pocket of forest, they
saw a big man, picking berries from the
bushes.

‘“There!’’ one hunter cried. *‘!’ll bet
that’s him. C’mon, let’s see.”’

The nattily-dressed figure turned and
moved quickly toward the open beaver
meadow. The hunter with the double-
barreled shotgun took aim from his
shoulder. ‘*Better stop right there!’’ he
yelled to his quarry. ** You'll get a belly-
ful of birdshot if you don’t!”’ {

The gaunt man stood as still as a wood-
en soldier. He was tall, over six feet, they
observed, but he was as thin as a sun ray,
and wore a scrubby mustache, which
Carney had not. The jittery man swore he
was not Raymond Carney, but they mar-
ched him ahead of their weapons to the
city hall in Johnsonville. He moved like
molasses. He had a gimp leg.

The suspect remained cool as Police
Chief Poston and Magistrate George
Donahoe shook him down. They found
five dollars in cash, a razor, a switch-
blade knife — and a doctor’s bill. They
also found a paycheck from a lumber-

yard, made out for $54.06 to J.W. Page, -

Carney’s name in the Pamplico district.

“I’m a relative of Jake Page, that’s
all,’’ the big guy said. ‘*I haven’t seen
him for sometime.’”’

His three sets of outer garments looked
as though they had been thrown on witha
pitch fork. He had lost twenty pounds
while wandering in the wilderness, living
from pilfered cow’s milk, a chicken now
and then, but he ate mostly things they
wouldn't even go swimming with in the
Carolinas. But still he insisted he was not
Ray Carney.

The wobbly-legged man was taken toa
cell and locked up while police checked
him out. Under his clothing he had con-
cealed a tire iron. Left alone, he nearly
broke out of the Johnsville jail, using the
iron to wrench off the lock.

which means somebody |

Meantime, word that Betty Cain’s kil-
ler was in custody spread into the street,
and, incited to near pandemonium, a
crowd gathered in the city square.

The suspect had a good view from his
window. Ropes were as plentiful as jack
rabbit ears, and he knew what that meant.
‘*Get me outta here,’’ he begged. ‘‘I’m
Carney, all right. Get me someplace safe
from a lynch mob, and I'll tell you the
entire story.”

Chief Poston’ whisked the terrified
prisoner out the back way to a waiting
sedan, which spirited up an alley and out
of town. Sheriff Hanna and Deputies
Shupe and Myers, meanwhile, were
burning the road from Florence. ;

Carney was held in a secluded spot for
the next several. hours until Governor
James F. Byrnes ordered him taken to the
state penitentiary at Columbia to thwart
any possibility of a lynching.

In an all-night vigil, Carney resumed
his confession to the murders of Allen
and Cain, and to the decapitation of the
girl. However, his motive, he insisted,
was not rape, but robbery.

**T made up my mind to rob a car that
night,’’ he confessed. ‘‘I went up to the
Bluff, meaning to hit the first car that
came along. Their machine was the first
one I saw. I snuck up on the car and I
heard moaning and groaning from inside.
When I yanked the door open, the girl
was half-undressed — he had his pants
down. The guy jumped out of the car and
we started fighting. I shot him and I heard
this air-hissing out of a wind-pipe and felt
the gush of blood. I shot him again in the
head. I shot the girl, then cut off her
head. I wanted to scatter the evidence as
much as I could. I intended to hack them
up into pieces but I got sick."’

Carney said a sudden storm came up,
and a torrential downpour accompanied
by high winds, flooded the primeval road
as he drove with the bodies in the trunk to
bury them elsewhere. Allen’s Plymouth
bogged down in a muckhole. He lugged
Betty's corpse through the rain and roar-
ing wind, and dropped it in a stump hole.
He had covered it only partly when a
nearby spruce, uprooted by the storm,
began to tumble. ~

“It crumpled down, right over the
grave,”’ Carney said. **I thought that was
good. | worked with the car until it was
going again. Then I noticed the needle on
empty.”’

The old well flashed across his mind
like a newsreel, In the ghostly stillness he
dragged Allen’s corpse, Betty's head,
the burlap, floor mat and coats across the
lonely field and buried everything but
young Allen. By then, he was soaked to

(continued on page 40)
, 37

|
|
|

Carolina’s Payroll Slayers and the Telltale Alibi

while. Tom Davis, operator of a filling

station near the North Carolina line on
the Cowpens-Rutherford highway,
phoned in the information that two men
had stopped at his station fifteen minutes
before and had traded a revolver for
fifteen gallons of gas.

The car these two men were driving,
Davis said, was a green sedan with the
rear bumper missing!

As this news was received, Constable
Henry, who had rushed out to follow the
trail of the loose bumper on the cement
highway, returned to Spartanburg, carry-
ing a bumper with him.

“This,” he explained to Sheriff Miller,
“came from the killers’ car. It- was’
found about a mile from the village of
Cowpens, on the Chesnee highway. The
finder saw two men driving a green
sedan stop, tear the bumper off and then
jump back into the car and race north
toward North Carolina.”

The bumper was turned over to the
Spartanburg police to examine for prints
and other telltale clues. Constable Henry
jumped back in his car and raced for
Tom Davis’ filling station on the North
Carolina state line to question him about
the two men who had traded a revolver
for fifteen gallons of gas.

T HE information phoned in by Davis
caused the state police in North and
South Carolina to organize the greatest
manhunt in the history of the south. Over
a hundred police officers, augmented by
hundreds of volunteers, scattered over the
wild and brush-covered hill country of
western North Carolina in search of the
two killers and their death car.

Meanwhile Deputy Becknell was at
the Drayton Mills closeted with Adrian
Greene, the company official with Belue
when the youth was killed.

“I am positive,” Greene told Becknell,
“that neither of the two men in the car
have ever worked for us. I didn’t get
much of a look at them but enough to
know they were strangers.”

Greene scoffed at the idea.

“Nevertheless I want to talk to every
employe you have,” Becknell answered.
“IT want you with me and I want you to
remember every detail of the description
of those men—every small detail.”

‘The questioning of the employes
‘started at once. They were brought into
Greene’s office three at a time. Greene
supplied a detailed description of the
flaxen-haired man who drove the death
car and the first question asked each
employe was whether he had seen such
a man around the mills or talking to
any of the workers.

All answered in the negative. The
second, and the last question Becknell
asked each of them was a little puzzling
and certainly seemed in no way con-
nected with the murder of Belue.

“What were you doing at five minutes
to four on Sunday afternoon?”

The questioning took place on Friday,
five days after the specified Sunday
afternoon. Only one employe had an
answer to that question.

[Continued from page 27]

It was late in the evening when Deputy
Becknell had completed the questionin
and left the mill. He went to Sheriff
Miller’s office. Constable Henry had
returned from ‘his trip to the North
Carolina state line where he had talked
to Tom Davis, the filling station pro-
prietor.

Henry had secured the gun left at the
filling station and ballistic experts, ex-
amining the bullet taken from Belue’s
head, found that it was the murder gun.
Henry also get a detailed description of
the two bandits but this description added
little to the information which Greene
and the other witnesses had supplied.

Davis hadn’t noticed the license num-
ber of the green sedan. He did notice
that the bumper was gone but the bandits
were in too great a hurry to get away
for him to remember much more about
the car.

Reports of the state police were like-
wise unencouraging. No sign of the
bandits or their green car had been dis-
covered.

“The killers cleared the state line in
time to escape the dragnet in the moun-
tains,” Sheriff Miller said wearily. “And
now they are a thousand miles away.”

“But suppose they didn’t clear the
dragnet?” said Becknell. “Suppose they
are only a few miles away—not a thou-
sand?”

The sheriff stared at the deputy. “The
green car,” he stated, “crossed the state
line at Tom Davis’ filling station—”

“Yes,” Becknell cut in, “but don’t for-
get that the state line isn’t far from here
and they could easily have doubled back.
Remember, a hideout near Spartanburg
is about the safest place for them now.”

Sheriff Miller shook his head. “That,”
he answered, “doesn’t make a great deal
of sense.”

“Okay,” Becknell replied. “We'll know
before morning how much sense it
makes.”

N HOUR later Becknell and Constable
Henry were on a deserted residential
street in Spartanburg. It was 9 o'clock.
Their car was parked several blocks
away.

They walked slowly, keeping in the
shadows of the tall trees that lined the
street. Lights glowed behind curtained
windows. Few persons in Spartanburg
retired early that night.

In the minds of everyone, and on
everyone’s lips, was the story of Earle
Belue’s slaying. His young wife, an ex-
pectant mother, had been told of his
death. She had collapsed and had been
rushed to the hospital where the doctors
reported her in a serious condition.

This added to the grim and silent fury
which swept the small city, a fury made
all the more intense because everyone
knew that the killers would perhaps
never be apprehended. They were
strangers and they had fled, leaving no
clues.

The two officers came to a small frame
house at the end of the block. The
windows one room were lighted.

Becknell and Constable Henry backed
into the darkness of the trees and waited.

They waited for nearly half an hour,
immovable and silent in that Stygian
darkness. Their gaze was on the lighted
windows and on the door.

Suddenly the light went out. They
did not move. The front door opened
and a man stepped out.

He stood on the porch a moment, im-
movable and dimly silhouetted against
the blackness. Then he left the porch,
went. out to the sidewalk and disappeared
into the night.

Constable Henry followed him and
Becknell ‘approached the house, going
to the back door. It was open and he
slipped inside the house. It was a small,
four-room bungalow. Becknell pulled
out his flashlight, sent its beam dancing
over the walls and floors.

One attracted his attention. It was:a
barroom check from a well-known road
house near the village of Gaffney, 15
miles from Spartanburg.

BaceNeSe picked it up, turned it over,
and then continued his search of the
room. He went into every room of the
house. When he left, all he carried with
him was the barroom check.

He got into his car and drove to police
headquarters. Sheriff Miller was in Chief
of Police Hill’s office. Word was being
received by phone every 15 minutes re-
garding progress of the search for the
killers and their car. Frederick J. Mor-
gan, state ballistics expert, arrived from
Columbia and was trying to trace the
sale of the murder gun through tele-
phone and wire connections.

Deputy Becknell paid little attention
to the various activities of the different
police, Constable Henry was waiting for

im.

“T followed him downtown,” Constable
Henry said. “Then he got in a car and
drove out of town.”

Sheriff Miller walked over to Becknell
and Henry and said: “We're going to
throw out a dragnet to the east of Spar-
tanburg. Want to handle the police
lines?”

“Throwing out police lines,” Becknell
replied, “won't get these killers.”

“Still playing your hunch that they are
still in or around Spartanburg?” Sheriff
Miller laughed. “You can get more
hunches, Becknell, than a woman at the
races.”

Becknell grinned. “I’ve played a lot
of hunches,” he admitted, “and this is
about the thinnest one I ever followed.
Yet it is all we have to go on. Throwing
out dragnets won't get killers like the
two men who shot Belue.”

“Okay,” the sheriff said. “Follow your
hunch and good luck to you.”

Becknell and Henry left headquarters.
Their departure wasn't even noticed.
Other police were too busy trying to
keep in touch with the different posses
to notice their going.

The news of the brutal slaying had
spread over the south in screamer head-
lines. The Spartanburg city council had
offered $1,000 reward for the arrest of
the killers and the state of South Carolina
raised that reward another thousand.

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shooting. Neither of the
1 well-acquainted in the city,
the men,
> of killers from some other
riff Miller said to Chief of

“They came here to stage
cilled Belue and got scared
10w they are miles away and
s of ever tracing them are
usand to one.”
Sheriff John W. Becknell,
t the famous United States
the south, was with Sheriff

Chief Hill. Even as a
cnell was noted for his ability

DARING

to ferret out clues leading to the solution of impossible
cases.

“Outside killers, sure,” Becknell agreed, “but outside
killers just don’t drop in and stage a holdup. There has to
be a finger man and that man has to know the mills and
when the payroll is taken from the bank.”

“Meaning that it was partly an inside job?” Sheriff
Miller questioned.

“Why not?” Becknell replied. “That green car the
killers were driving is a pretty obvious-looking automo-
bile. We haven’t foutid anybody that saw it at Spartan-
burg yesterday, but we have plenty of witnesses who saw
it around here this morning. The two men in that car
knew the exact time Belue and Greene would be coming
from the, bank and they could only know it from someone
inside the mills.”

Two stidden developments in the case, however, shunted
Becknell’s theory of an inside job to one side for a little

[Continued on page 52]

DETECTIVE

An ironic, closing touch was added to
the Belue case when the slayers were
buried in the cemetery, above, over-
looking the scene of their crime.

Used by the killers, this car was widely
sought by Carolina officers. A broken
bumper proved a clue to its identifi-
cation and helped trap the killers.

Photo below shows Earle Belue, left,
victim of holdup-slaying and Adrian
Greene, mill official who drove the
pay car on the day of the murder.

> Alibi

the light went out. They
ove. The front door opened
stepped out.

on the porch a moment, im-
id dimly silhouetted against
2ss. Then he left the porch,
the sidewalk and disappeared
ght. .

2 Henry followed him and

pproached the house, going .

< door. It was open and he
de the house. It was a small,
bungalow. Becknell pulled
hlight, sent its beam dancing
lls and floors.

into the front room. The.

.ys fell on the different pieces
. There was a round dining
a buffet and several chairs.
-cled the room, taking every
in carefully. Nothing there.
alked into a bedroom. There
: beside the bed and on this
il papers.
icted his attention. It was:a
eck from a well-known road
the village of Gaffney, 15
Spartanburg.

L picked it up, turned it over,
n continued his search of the
went into every room of the
en he left, all he carried with
2 barroom check.
to his car and drove to police
3. Sheriff Miller was in Chief
ill’s office. Word was being
phone every 15 minutes re-
gress of the search for the
their car. Frederick J. Mor-
allistics expert, arrived from
nd was trying to trace the
murder gun through tele-
viré connections.
secknell paid little attention
us activities of the different
stable Henry was waiting for

d him downtown,” Constable
“Then he got in a car and
town.”

ler walked over to Becknell
and said: “We’re going to
dragnet to the east of Spar-

vant to handle the police

z out police lines,” Becknell
n't get these killers.”
ing your hunch that they are
-ound Spartanburg?” Sheriff
hed. “You can get more
cknell, than a woman at the

grinned. “I’ve played a lot
’ he admitted, “and this is
iinnest one I ever followed.
we have to go on. Throwing
3 won't get killers like the
10 shot Belue.”
1e sheriff said. “Follow your
ood luck to you.”
nd Henry left headquarters.
ture wasn't even noticed.

were too busy trying to
h with the different posses
ir going.

of the brutal slaying had
the south in screamer head-
partanburg city council had
(0 reward for the arrest of

d the state of South Carolina .

-eward another thousand.

Ag
» While police headquarters and the
ommunity were in the throes of this
citement, Backnell and Henry were in
la police car headed for the little town
of Gaffney. In Becknell’s pocket was
the barroom check he had found in the
small house occupied by the man of
mystery.
- “We've got one chance in fifty that
the man we want went to Gaffney,”
“Becknell said. “If he is hanging out at
‘the inn, we might find what we want
» there.”
| The inn was a combination toad house
and beer joint, about three miles out of
) Gaffney. There was a dance floor and
-a small orchestra, but above this first
floor were a number of rooms that were
/ rented for the night to transients.
Becknell stopped his car in the drive-
way of the inn. He and Henry got out
» but they didn't go inside.
> “T’'ll sneak around at the back,” Beck-
» nell explained to Henry. “You go into

) the barroom. Your presence will cause

> the man we want to sneak out to a room
upstairs. I’ll be up there to hear what

+ happens.”’

~ Constable Henry sauntered to the front
door of the inn, walking casually and

» slowly. Becknell darted to the rear of

the inn. It was a two-story structure
s built into the side of a hill. The second
> floor at the rear was even with the top
>of the hill.
» Becknell crawled up this hill. Henry
» was at the door of the inn, He was
/ timing his entrance in order that Beck-
nell might get to the rear of the inn
‘before he entered. Movin carefully,
_ Becknell achieved his goal. he raised a
window and climbed into a dark room.
be The blackness was too intense to see
»-anything. He groped his way along a
wall until he came to a door. Becknell
| opened it silently. The hall beyond was
dimly lighted. The officer flattened him-
‘self against the wall and waited.
© From downstairs came the sound of
F music and shuffling feet. A number of
‘voices rose from the barroom. Becknell
» wondered if Henry had made his en-
_/trance yet.
» Then he started to slide along the
; wall. He got to a small hall closet. He
_ backed into it and waited.

The sound of footsteps on the stairs
E Tose above the babble of voices and the
‘tinny music of the orchestra. Becknell
_temained motionless, nerves taut and
"muscles tensed for action. The door to
© the closet was partly opened.
_,_/4 man passed followed by a second.
)The first man went into a room. Beck-
nell got one look at his face. It was pale
» and haggard; the face of a terrified youth,
| The man behind him also entered the
| toom. Becknell slipped out of the closet.
He moved swiftly, his right hand on his
y Service revolver. He stopped in front
‘of the door.
; “T've got to get out of here!” Phe
» YOice came through the door shrill and
hysterical.
| “Take it easy, kid,” another voice an-
| Swered. “You haven’t anything to be
F afraid of.”
Becknell tried the knob. The door
was locked. Bunching his muscles, he
_threw his weight against the barrier.
here was a crunching and splintering of
-wood as the door gave way. Carried
» from his feet by the impetus of his rush,
'Becknell sprawled headlong. '

_In that moment two shadowy figures
‘burst from the darkened room hurdled
his body and raced down the hall.

}

{

Becknell jumped to his feet and dashed
into the hall. The inn had come to life
with running men and screaming women.
Constable ary came charging up the
stairs.

“He went out the back way,” Becknell
yelled, and the two officers went lungin
out of the rear door Becknell had entered.

_ They plunged into the darkness behind
the inn. They didn’t get far. Chasing
anyone in the enveloping blackness was
useless. They raced around the inn,
jumped in their car and sent it roaring
for Spartanburg.

Becknell did not release his foot
pressure on the accelerator until the
car roared into the outskirts of Spartan-
burg. He cut down a deserted side street.
A few minutes later his car was in front
of the house of mystery he had entered
a few hours before.

He and Henry jumpéd out. They
walked up to the house. It was dark.
The two officers went around to the ore
of the house and concealed themselves
in a clump of bushes.

ete’ settled down to wait. Fifteen
minutes passed. Neither spoke. The
eerie silence of the night was unbroken.
Another five minutes passed. Then a car
came down the street swiftly and silently.
It stopped in front of the house. A man
jumped out, ran up to the porch.

He opened the front door but was too
excited to close it. He snapped on the
lights in the living room.

Becknell and Henry walked up to the
porch .and stalked into the house, each
carrying his service revolver in readi-
ness for action.

The man in the room was bending over
a suitcase. He turned at the sound of
their footsteps. As he recognized his
visitors he gasped.

“All right, Polson,” Becknell said
grimly. “We want to talk to you down
at headquarters.”

Tim Polson, mill hand, was young,
still in his twenties. He was thin of face
and delicate of body. Now his features
were twisted in fear.

“IT...1... didn’t do it,” he gasped.
“T...1... tell you... I didn’t kill
Earle—”

“If you didn’t,” Becknell cut in drily,
“you know who did. going and
walk ahead: of us.”

Fifteen minutes later Becknell, Henr
and Polson walked into police head-
quarters. Their entrance wasn’t even
noticed.

A’ few minutes before word had been
flashed from Covington, Ky., that the
green sedan, with the bumper missing,
had been abandoned three miles. south
of that city.

Major George Pernell, head of the
South Carolina police, was at head-
quarters. He was in a telephone conyer-
sation with the Covington police, request-
ing them to scour the country for the
killers. ’

Becknell and Henry walked into Chief
Hill’s office. Polson was between them.
Sheriff Miller and the chief were in the
room. They looked up casually.

Sheriff Miller said: “Hello, Becknell.
I was just going to send for you. The

ajor wants a man to... .”

The sheriff stopped talking as he
noticed the youth with the two officers.
“Who is that?” he asked.

“The man who can ‘tell you. every- ~

thing about the murder of Earle Belue,”’

' Becknell replied. “I am sure he is ready

and willing to talk.”

“wanted.

The officer was right. The youth
started before Becknell had finished his
éxplanation.

“I didn’t do it,” he wailed. “I didn't
kill Earle. I wasn’t in the car. I wasn't.”

Chief Hill had. jumped to his feet and
Sheriff Miller looked stunned. Word
leaked out of the office that the case was
about to break. Major Pernell left the
telephone and rushed into the room.

“I told you, sheriff,” Becknell said,
“that I was playing a hunch. It wasn't
such a poor hunch at that. From the first
it was obvious that somewhere there was
inside work on this robbery. Bandits
don’t just fall out of the skies to snatch
a payroll. They have to. know when that
payroll is coming. .

“I went to the.mills and used an old
psychological gag. I questioned all the
workmen. I asked each what he was
doing five days before, at a specified
time. Ask yourself that question and
you are going to do something before
you answer.

“There was one workman who an-
swered without a moment's hesitation.
He did that because he had been building
up a possible alibi. I figured he was the
man who needed watching. I went to
his home. I found a barroom check is-
sued by an inn over at Gaffney. I went
over there, figuring our suspect would be
there and if he were, he would be with
somebody who knew about the holdup.
I was right. I sent Henry in ahead of me
and I sneaked in a back door,

“Polson, here, came running upstairs
after he saw Henry and went into a room.
Another man was with him. I heard
enough to know Polson was the man I
I broke the door down but the
men escaped. Henry and I came back
and waited for Polson. He returned home

.to get some things before he fled.”

HERIFF MILLER nodded grimly

and turned on the youth.

“Tea DS. Piet everything,” he
wailed. “I didn’t have anything to do
with that robbery and murder but I knew
about it. I was approached and threat-
ened by the men who did it. I was afraid
that the police would come after me so I
was going to make my getaway.”

_. “Who did it?” Sheriff Miller roared at
the youth.

“A man named Coleman and a man

.named Johnson,” he replied. “They were

at the inn several weeks ago and wanted
me and Dan Flynn, who lives in Gaffney,
to help them. We refused and they
threatened to frame us for the job. That
is why I was scared.”

“Coleman and Johnson?” Sheriff Miller
interrupted. “Who are they and what are
their first names?”

“Ray Coleman and Paul Johnson. They
... they'll kill me but I got to tell. John-
son lives over at Greenville. Coleman

‘married Johnson’s sister. They are dan-

gerous men.”

As Polson talked, Major Pernell was
on the telephone calling Greenville. Chief
Hill, accompanied by Detective Lee Alli-
son, ran out of headquarters and jumped
into a car and started for Greenville, some
thirty miles away.

Sheriff Miller and Becknell continued
to question the youth. Constable Henry
went to Gaffney to pick up Flynn. Three
hours of grilling convinced Sheriff Miller
and Becknell that their suspect had noth-
ing to do with the robbery. He had an
alibi that was checked and rechecked.

Flynn was brought to Spartanburg. He
was questioned, but he denied any part

in the holdup. Both he and Polson were
held as material witnesses.

Both were released from jail and be-
came an important source of information,
cooperating willingly and actively.

The police did not announce to the
public the names of the two men in the
car. They simply stated that they knew
the names of the murderers of Earle
Belue but would not divulge the names
of the men until they were apprehended.

A nationwide search for the two men
followed, with every police department
in the country cooperating. Fliers carry-
ing the $2,000 reward notice were sent to
every town and city of any size.

A month passed and no trace of the two
wanted men had been found. Sheriff Mil-
ler had served his term and Sheriff N. L.
Bennett took his office.

February came. In Indianapolis, Ind.,

“Who is this woman?” asked Capt.
Mooney.

“She's a witness, Captain,” said Sergt.
Ptacek.

The witness was Mrs. Magdelene
Leonbecher of Barry avenue. She had
been awakened by the shots that morn-
ing and had watched the melee in the
alley from her bedroom window.

“There’s the man I saw,” she told
Capt. Mooney, leveling her finger at
Bookelman. “I saw the girl, too. She
was slim and blonde and about 19, and
she wore a black toque and a satin dress.”

“I think I know who this girl is, Cap-
tain,” Sergt. Ptacek put in. “She’s Joan
Brent. She’s been running around. lately
with Bockelman here. I also know where
she lives.”

“Then go bring her in,” said the cap-
tain.

Sergt. Ptacek went out. In the neigh-
borhood of Altgeld street and Sheffield
avenue he picked up the girl known as
Joan Brent.

She was a blonde, poorly dressed, half
starved and pathetic. She began crying

- when the officer took her in custody;

and back at the police station she cow-
ered away from the men who questioned
her as if fearful of physical attack.

“ll tell you everything I know,” she
cried.

“Nobody’s going to hurt you,” Lieut.
Hugh McCarthy told her. “Now, then,
what can you tell us about this affair?”

“Walter Bockelman did it,” she said.
“He shot both those men. I was with
him and saw him do it.”

“What were you doing with: him?”
Capt. Mooney asked.

“I was helping him rob that store. He
said we’d get a lot of money and I could
buy some nice clothes. Then those men

the police were battling with a series of
auto thefts and petty robberies. They ar-
rested a man who gave his name as
George Fuller. He was taken to head-
quarters and fingerprinted.

One of the Belue posters was in Indian-
apolis headquarters. The police looked
at it and then at Fuller. They saw they
were looking at the Ray Coleman wanted
in Spartanburg!

COLEMAN was rushed to Spartan-
burg and turned over to Sheriff Ben-
nett. Coleman, when confronted with the
testimony of Polson and Flynn, broke
and confessed that he and Johnson had
tried to rob Belue and had &illed him in
the attempt.

Two weeks later, on February 28, 1929,
Paul Johnson was arrested as he walked
the streets of Wilmington, Del. Sheriff
Bennett went to Wilmington and took
Johnson back to Spartanburg.

Johnson, dark and squattily built, only
looked at the police sullenly when they
tried to quiz him. He refused to answer
any questions.

But despite Johnson's taciturnity the
grand jury promptly indicted both men
for murder in the first degree. When their
trial began on April 25, the accused ban-
dits pleaded not guilty before Circuit
Judge M. M. Mann of St. Matthews, S. C.

As the trial progressed, the evidence
against the alleged killers began to

Tiger Girl

[Continued from page 11]

came along in their car and Walter pulled
out his gun and shot at them.”
“And then what?” .
“TI ran. I heard some more shots as I
ran down the alley; then Walter came
running up behind me and grabbed my

‘arm. We raced to hig car and got in. We

drove up through Lincoln park, then
over to Sheffield and Fullerton. I got
out at the corner and walked to my room
and went to bed; and that’s all I know.”

“How did you happen to hook up with
Bockelman?” Lieut. McCarthy asked hér.

The girl looked at him and at the
captain, and her large pale-blue eyes
filled with tears. She lowered her head
in shame and gradually revealed a tragic
story.

SHE had known all along that Bockel-
man had a record, but she hadn’t
known until lately that he was married
and the father of two children.

This was the first time, she said, she
had engaged in a robbery with him; and
she did it only to get some decent clothes.

Still sobbing, she was taken to the
state’s attorney's office, and here she re-
peated to Assistant State’s Attorneys
John Sbarbaro and Louis O’Connell the
statement she had made to Capt. Mooney
and Lieut. McCarthy. The statement
was typed and she signed it.

She then was taken to the scene of the
shooting, where she demonstrated to an
appreciative audience what had happened
there on Sunday morning.

The newspaper reporters and camera-
men were surrounding her now. She tried
to enact the role they had wished on her,
that of a “Bandit Queen.”

But at best it was a pitiful parody.

And her attempt at bravado went com-

mount. Polson and Flynn proved to be
excellent witnesses for the state. Fighting
desperately, each of the defendants took
the stand in his own behalf, trying to
place the blame for the killing of Belue
upon the other.

The jury, however, was not to be
swayed by their stories. Only one ballot
was required to find each man guilty of
first degree murder, a verdict carrying a
mandatory death sentence.

Strenuous efforts were made to save
the two men from the chair, without
avail. A year later the final chapter was
written in the coldblooded slaying of
Earle Belue.

Four minutes later he was dead.

And with that pronouncement he com-
posed himself for the lethal charge which
shortly coursed through his body.

(To shield the identity of innocent persons,
the names Tim Polson and Dan Flynn, used in
this story, are not actual, but fictitious.—-The
Editor.)

pletely to pieces when she was brought
oo to face with Bockelman at the county
jail.

She cringed from him in fear and
clung to a policeman for protection.

“Don’t let him get near me,” she
begged.

“Don’t worry,” said the officer. “We
won't let him hurt you.”

But when they repeated to Bockelman
what she had said, the girl refused to
repeat it in his presence. He flung his
guards aside and leaped at her.

They seized him and dragged him
away.

“If you coppers believe a word she
says,” he cried, “you’re even dumber
than I think you are!”

Later, at the coroner’s inquest, when
Stemwedel and Mrs. Leonbecher identi-
fied him as the man they had seen firing
the gun, he smiled sardonically. He had
relapsed into his tight-lipped silence,
uttering only a few clipped words:

“T ain’t sayin’ nothin’. I'll let my
lawyer do the talkin’.”

The coroner's jury recommended that
he be held on a charge of murder. And
the girl, Joan Brent, was held as an
accessory.

“We've got a hanging case against
Bockelman,” the state’s attorney an-
nounced. “It’s an open-and-shut case if
there ever was one.”

“He’s the murderer all right,’ declared
Watchman Al Stemwedel.

“He’s the man I saw in the doorway,”
repeated Mrs. Magdelene Leonbecher.

“I saw him shoot those men,” cried
little Joan.

“Dumb fools!” growled Walter Bock-
elman, glaring through his bars. “And
these cops are the dumbest of all. Every

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THE UNIVERSITY OF ALABAMA
SCHOOL OF LAW

B 6205, UNIVERSITY, ALA 35486
sas wa ee THE LAW LIBRARY

TUSCALOOSA (205) 348-5925

a ) 3d

Gi
wy
ft

Story of this Case tr Charleston News 5A Cherie V/ESLF ip 2: We 7 ap

Crvect mame is, Dock Largo’. He was age 17 pase hichior /9.
Crime Was Commttled ov 4/28 /§8.

MORGAN, Dock

"Sept. Lh, 1888-Dock Morgan, a negro, aged 19, was
hanged in the jail at Bennettsville, S. Ces today for
the murder in April last of Wm, F. Cox, Jr., a white
boy of the same age. He met his death calmly, and de-
clared that he was going to heaven. He died without a

struggle, his neck being broken," NEWS, Galveston, Tex.
Sept. 15, 1888 (3-5).

DAVIS, , saci Aller

Black, hanged for murder at Orangeburg, SC,——

on Juay l, 1910.

“dated Chicago TRIBUNE» 191i; ‘sent.

* aos
James Massey, University of ac2ent, Le. ee
Depprtment, Athens, and containg listing of

- 1910 executions,

_ Age. da. On VY30f/o. he gunned. down his wife, Levia Davis,
(black), ak & Negro church becuse She retused ty end ther

estrangement. her "The State’ ‘(Cohanbia S¢ newspaper) 7/2/10
_ /:}

DAVE, a slave, hanged at Laurensville, SC, on }:-2);-18)6,

"3oyth Carolina: The negro boy Dave, the supposed murderer BRK of

his master, Nathaniel Vance, @sq.k and for whose apprehension a

reward of S600 was offered, has been arrested and lodged at Spartanburg
SC jeil." TIMES - PICAYUNE, New Orleans, LA, /17/18h6 (h/1),,,

"South Carolina: The Laurensville SC HERALD of the 29th ultimo says
the trial of Dave and two other negroes belonging to Col, Vamce's
estate took place on the 13th. From the evidence adduced there could be
no doubt that the former was guilty of the charge alléged against
him, the consequence of which was that he was sentenced to be hung
on the 23rd. The two other negroes alluded to have been sentenced
to receive six hundred lashes apiece, one hundred of which are to
be inflicted every Monday until the full amount has been received.
Nothing further of importance has been developed with regard to Lee
and Kirby, two white men suspeuted of participation in the murder."
TIMES-PICAYUNE, New Orleans, Louisiana, May 7, 186 (2:))

"South Gerolina: The negro Vave was executed at Laurensville, SC, on

the 2th ultimo (April 24, 1846) for the murder of his master, Capt. Vance.
Dave confessed the crime, exonerated any white man from participating in it,
but mentioned several white men who traded with negroes and harbored them,
Lee, a white man, has been admitted to $1,000 bail on the charge of
participating in the murder, and in $1,000 bail on the charge of harboring
slaves,

TIMES-PICAYUNE, New Orleans, LA, May li, 1816 (2:5,,,)

atareuie

448 W.Va

Judgment reversed, verdict set aside, and
a new trial awarded.

Fitzpatrick, Brown & Davis and C. W.
Strickling, all of Huntington, for plaintiff in
error.

James Damron, of Huntington, and Ran-
dolph Bias, of Williamson, for defendant in
error, -

WATCHER, J.

This is an action brought under the Fed-
eral Employers’ Liability Act (45 USCA §§
51-59) to recover damages for personal in-
juries received by plaintiff on October 15,
1928, while in the employment of defendant.
The plaintif€ procured a judgment for $40,-
000, and defendant obtained a writ: of error.

The most material evidence follows: The
plaintift testified that at the time of his in-
jury he- was twenty. years old, had painted
houses for a year “off and on” before enter-
ing the employment of the defendant, and had
worked for it as a “painter’s helper” some five
or six weeks; that he was, assisting G: WwW.
Malone, an experienced painter, move a long
heavy swinging board (used as the painters’
scaffold) on one of defendant’s bridges when
the board shifted suddenly, knoeked him off
the bridge, and the fall broke his back; that
he had worked on the castern end of the
board (painting the bridge) for several hours
before moving the scaffold and had noticed a
little rope fastened to the stirrup which sup
ported the board; that he had never worked
on a swinging seaffold before; that no one
instructed him to tie the board to the stirrup;
that he did not know the board should be
tied to prevent the stirrup slipping; that
J. A. Finley, the assistant foreman of de-
fendant, informed him he should help Ma-
lone; and that Malone rigged the scaffold,
It is established that the eastern stirrup slip-
ped, causing the board to escape control, and
that immediately after the aceident, if was
not tied to the board. Plaintiff's claim of in-
experience is supported by his witness Finley,
who testified that after watching plaintiff
work (prior to the day of his injury) he (Fin-
ley) had advised the foreman that plaintiff
was “too green a man to put on” bridge work.
Finley was within some 12 fect of the plain-
tif! at the time he fell, and was the only
witness who observed him before he actually
commences| falling. Finley denied that the
board knocked plaintiff from the bridge, and
stated that the board had swung to a per-
pendicular position about 17 feet away from
plaintif, when he turned pale, took a step
or two, and fell, Finley further stated that
he directed the men on the bridge, as a group,
to tie the stirrup to make it secure, and that
upon an inspection Tater, he noticed that the
castern stirrup was tied. He is supported by
two of defendant's witnesses, who were on
the bridge, as to Instructing the group to tie
the scaffold so it would be safe, and by one

161 SOUTIT FASTERN REPORTER

sueh witness as to the board being in a per-
pendicular position before plaintif€ fell.
Plaintiff admits he was one of the group
to which Finley gave certain orders as to the
work, but says he did not hear the instruc-
tion to tie the stirrup.

[1,2] The plaintiff contends that under the
evidence, the defense of assumption of risk is
inapplicable and that he is entitled to recover
asa matter of law. An ordinary risk assum-
ed by him was that of losing his footing on
the bridge by reason of dizziness or misstep.
lis own witness Finley says (in effect) that
plaintiff fell for just those reasons. Conse-
quently, we cannot yield to that contention,
The defendant argues that the ordinary use of
plaintiff's senses should have demonstrated to
him that moving the scaffold without tying
the board to the stirrup would be dangerous,
and that he should be held, as a matter of
law, to have assumed such an obvious risk
even if it were an extraordinary one. We
cannot agree with that argument because of
Finley’s corroboration of plaintiff's inexperi-
ence (“too green” to work on bridges), Finley
being immediately in charge of the plaintiff
and. representing the master. The manner
in which the accident occurred and the risk
assumed are jury questions and should have
been properly so submitted. But a binding
instruction, complete in itself, was given on
behalf of plaintiff, which entirely ignored the
material defense of assumption of risk. This
was reversible error despite other instrue-
tions, given on behalf of defendant, which did
present that defense, “A binding instruction
in behalf of the plaintif€ which ignores a ma-
terial defense supported by substantial proof
is erroncous. * * * The error is not cor-
rected by an instruction in behalf of the
defendant properly submitting the issue.”
Shaver y¥. Coal Co., 108 W. Va. 365, 380, 151
S. BE. 326, 332. The reasons for this rule
were stated many years ago in MeMechen ¥.
MeMechen, 17 W. Va. 688, 41 Am. Rep. 682
(pt. 12 Syl.) as follows: “It is error to give
inconsistent instructions to the jury, for it is
calculated to confuse and mislead them; it
leaves the jury at liberty to decide according
to the correct rule of law or the contrary,
and renders it impossible for the eourt to
determine upon what legal principle the ver-
diet was founded.” This rule has been con-
sistently applied by this court to binding in-
structions for a half century, except in a few
cases where the instruction was incomplete oF
for some other substantial reason which does
not exist in the instant case. See Woodell
y. Imp. Co., 38 W. Va. 23, 17 S. FE. 386; Me-
Creery’s Adm'’x v. R. Co., 43 W. Va. 110, 27 8.
EK. 327: MeVey vy. St. Clair Co., 49 W. Va, 412,
98 8. BE. G48; Blake v. Ry. Co., 57 W. Va. 300,
50S. EB. 408; American Canning Co. v. Gro-
cery Co., 6S W. Va. G98, 70S. FE. 756; Britton
¥, Oil Co., 73 W. Va. 792, 81 8. BE. 525; Petry

y. Coal Co. 77 W. Va. G54, 88 S. E. 105,

ne 0 ana Sea

STATE v. DEAN
‘ 1618.E. Pie Ae
avans v. § Ta. é
= igbeomisaye = iui 343, 106 8. E. der, upon an indictment which charged them
Heritage alga ol = lon Co., 96 W. Va.1, with the felonious slaying of Haskell Hill
= = a as ap pe Pub. Ser. Co., 100 and sentenced to be electrocuted When
« Va. 319, 130-8. EB. 483. brought to trial, they w rithout
oe ii : ‘ous 2 y were without
a ss Sheen error the judgment of the lower His honor, Judge Ramage, appointed ane
ore is reversed, the verdict of the jury sect Fd W. Johnson and W. A. Crow to ‘defend
aside, and a new trial awarded the defendant. them, and they have faithfully discharged
Judgment reversed; verdict set aside; new this unwelcome duty. Upon arraignment the
trial awarded. defendants entered pleas of not guilty :
Then counsel moved for a change of venue
which motion was denied. :
They then moved for a continuance of the
case, which motion was also refused.

Next they moved for separate trials. This
motion, too, was denied.

STATE v. DEANet al. ?

It is conceded by defendants’
ants’ couns g
ane nsel that

each of these motions was addressed to the
sound discretion of the presiding judge.

is yg Wo ¢ j

The state’s attorney admits that this discre-
tion is a judicial function and is not the ar-

bitrary exercise of the j
y e@3 judgment or vi
of the court. y pega

Supreme Court of South Carolina,
Dee. 1, 1931.

1. Criminal law €589(2).

‘using : "
Pare eg ciatiankoce asked Se se bpirem The first motion for change of venue was
had -venencal dlncume teeta ase piace pipes predicated upon the alleged: inflamed condi-
coats discretion a! tion of the public mind in and about the homi-
Shere is an utter failure to show that
there was such a state of public opinion as

would deprive defendants of a fai
partial trial. pier os

cide.

Motion for continuance failed to show
that, if further time were given defend-
ants’ counsel, they could have had present
desired and necessary witnesses or do
some other necessary thing in defendants’
interest, and, although the court offered
to give counsel till the next week to get

ready for trial, they declined to avail
themselves of it.

{1] The motion for continuance failed to
show that, if further time were given defend-
ants’ counsel, they could have had present de-
Sired end necessary witnesses or do some oth-
paler rectied thing in defendants’ interest. In-
i. red, 120 grounds in support of the motion :

2. Homicide €3332(1). _ pear in the record, except that one sohee
Sa aeulet tei eiedc aakusie sles it was alleged, was deranged and one had a
that defendants did not intend to kill ‘could veneer a, Se Swart, OErFeE FG gtee
have no weight in determining appeal, since — Sree BENE. SA I Bee ready for
Supreme Court’s functions are confined to dis- ripe Se canned: te ayy Seembelvel of
srinntisg eueetiche Of law wade by seeeee, it. There was no abuse of discretion here.

Nor was there any abuse of discretion in

refusing the motion for separate trials. No

Oné intende probable and nabtivel comms: suflicient ground in support of the motion ap-
quences of his act. Ee.

3. Criminal law €=24,

The refusal of these motions is made the

Appeal from General Sessions Circuit Court Reais, of SON Sumnel, ae Ge pppent te dis-
of Spartanburg County; C. J. Ramage, Judge Weaed OF Dy Ratt Eee APRs.

, ge.

Moreover, the appeal has now become an
ae prenay thing. Before the trial, and on tri-
a ere al, both defendants admitted that y kille
Appeal dismissed, and judgment affirmed, Mr. Hill. True, they say they did aon Are
y Say ’ enc
: Fd W. Johnson and William Alton Crow to kill him but only to stun him and rob him
oth of Spartanburg, for appellants. ’ But they struck him with an iron instrument

Samuel R. Watt, Solie we well calculated to produce death, and w
fer he oct, , Solicitor, of Spartanburg, did produce it. , sled

Richard Dean and David King were con-
victed of murder, and they appeal,

2, 3] This plea that they did not intend to
kill might have been used in argument to in-
duce the jury to recommend defendants to
the mercy of the court, and thus automatical-
ly reduce the sentence from death to life iis
prisonment; but it can have no weight with

For other cases see same topic “
Cer t 21@ Q topi oF n all Key-Numbe gests a n es
161 8.E.—29 pic and KEY-NUMBER i i y nbered Digests and Index

BONHAM, J.

Ph Ss, appellants were convicted at the April
81, term of the court of general sessions

for Spart:
Spartanburg county, of the crime of mur-

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450 «8. 0.

this court in the determination of the merits
of this appeal. Its functions are confined to
the discussion of the questions of law made
by the record. It is an axiom of the law
that one intends the probable and natural con-
sequences of his act.

The appeal is dismissed, and the judgment
of the circuit court is affirmed.

BLEASRF, C. J., and STABLER and CAR-
TER, JJ., concur.

COTIIRAN, J., not participating on account
of illness.

LEE v. NATIONAL FURNITURE STORES,
Inc.

No. 13227.

Supreme Court of South Carolina,
Aug. 17, 1931.

Exceptions based on admission of evi-
dence without objection will not ordinarily be
considered by Supreme Court.

2. Evidence C441 (9).

In action based on installment seller’s al-
legedly wrongful repossession of table, seller
pleading default in payments, testimony of
parol agreement, contemporancous with sale
contract and not altering it, fixing place of
payment, held competent.

Testimony was competent, since the
place of payment was not designated in the
written contract of sale, and it was there-
fore competent for the parties to enter in-
to a separate contemporaneous — oral
agreement fixing the place of payment,
having for its consideration the same con-
sideration as that of the written con-
tract.

3. Sales C481.

Whether installment buyer waived parol
agreement that seller would send agent to her
home to collect payments by making payments
at seller's place of business held for jury.

After condition broken under chattel
mortgage or title retention contract, title and
right to possession of property covered there-
by, immediately unite in mortgagee or seller.

161 SOUTH EASTERN REPORTER

5. Chattel mortgages C162.
Sales €=479(2).

After condition broken, mortgagee or re-
tention contract seller can retake chattel ei-
ther peaceably or by claim and delivery pro-
ceedings,

6. Sales C=481.

Buyer under title retention contract could
not bring conversion if seller, after condition
broken, retook property peaceably or by claim
and delivery proceedings,

7. Sales C481.

Complaint held to charge seller's wrong-
ful taking as well as conversion of installment
buyer's table.

Complaint alleged that no agent of seller

or seller’s successor came to buyer's home
to collect payments, “as had been agreed
upon” after seller was sueceeded by an-
other; that then an agent of the successor
came and refused a regular payment, but
demanded payment of a sum including a
debt owed by buyer’s husband upon goods
purchased by him; that thereafter claim
and delivery proceedings were instituted
against buyer’s husband on account of his
indebtedness, and in these claim and de-
livery proceedings buyer's table was taken
from her home though she offered to pay
the amount due thereon,

8. Sales C481.

Installment buyer's action for allegedly
wrongful taking of table held for jury upon
conflicting evidence.

COTHRAN, J., dissenting.

Appeal from Common Pleas Cireuit Court
of Richland County; M. 8S. Whaley, Judge.

Action by Mamie Lee against the National
Furniture Stores, Ine. Judgment for plain-
tiff, and defendant appeals.

Affirmed.

Thomas & Lumpkin, of Columbia, for ap-
pellant.

C. 'T. Graydon and W. M. Easterling, both
of Columbia, for respondent.

COSGROVE, A. A. J.

Appeal from the county court of Richland
county. Action for $3,000 damages. We
shall refer to the parties as they appeared in
the trial court.

Plaintiff in her complaint claimed to be
damaged by certain alleged wrongful acts of
defendant which, briefly stated, are as fol-
lows: That in October, 1927, she purchased
on the installment plan from the Kimbrell
Furniture Company, of Columbia, a stbsidi-

—

€=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

eat

LEE y. NATIONAL FURNITURE STORES 8.0. 451
61 8.15,

ary or predecessor in business of defendant,
a certain table of about the value of $15,
made the required down payment, and agreed
to pay the balance in weekly payments of 50
cents until paid for. That she continued to
make these weekly payments until the Kim-
brell Furniture Company was succeeded by
the National Furniture Stores, Inec., and that
after that time no agent of either of these
companies came to her home “for the purpose
of collecting as had been agreed upon and
been the custom of collecting plaintiff's pay-
ments.” (Emphasis ours.) That in Novem-
ber, 1929, an agent of defendant came to her
home, informed her that defendant company
wis the successor of the Kimbrell Furniture
Company and that he wished to collect for
the furniture bought from that company.
That plaintiff offered to pay the regular pay-
ment of 50 cents, but that payment was re-
fused, and instead, the agent of defendant de-
manded payment of $78.50, which included a
debt owed by her husband on some furniture
purchased by him. That she refused to make
this payment, but tendered the amount due on
the table purchased by her, which again was
refused unless the full amount demanded was
paid. That thereafter claim and delivery
proceedings were instituted by defendant
against plaintiff's husband on account of his
indebtedness, and that in such claim and de-
livery proceedings her table was also taken
from her home, though the amount due there-
on had been offered to the defendant and its
agent.

The defendant, by its answer, in substance,
alleged that default had been made in the
payment of the weekly installments as provid-
ed in the bill of sale or title retention contract
executed by plaintiff when she purchased the
table, and that, default being made, it was le-
gally entitled to repossess the table, which re-
possession was accomplished in a peaceful
manner.

The case was tried before a jury in the
Richland county court, and resulted in a ver-
dict in favor of plaintiff for $15 actual dam-
ages and $500 punitive damages. From the
judgment duly entered thereon, this appeal is
taken.

The record presents fourteen exceptions
upon which reversal of the judgment fs
sought. Appellant's counsel in his argument,
however, following a practice often commend-
ed by this court, very properly has grouped
them, and we shall discuss them in the order
presented.

(1, 2] The first group deals with the alleged
erroneous admission of evidence. It is
charged that the trial court erred in admit-
ting parol testimony tending to establish an
extrinsic agreement which varied, altered,
nd contradicted the terms and conditions of
the written contract of sale. The complaint
charged that defendant's predecessor agreed

verbally to send an agent to her home to col-
lect her payments. Testimony was offered by
plaintiff both on direct and,cross examination
tending to prove such an agreement. This
evidence was adduced and admitted, so far as
the record shows, without objection from de-
fendant. These exceptions, therefore, are not
well grounded, and for that reason ordinarily
would not be considered by this court. But,
waiving this objection, we think the testi-
mony was competent as a contemporaneous
parol agreement which in no way altered or
varied the terms of the written contract of
sale. The place of payment was not designat-
ed in the written instrument. It was com-
petent, therefore, for the parties to enter in-
to a separate contemporaneous oral agree-
ment fixing the place of payment, having for
its consideration the same consideration as
that of the written contract.

{3] The appellant further contends in this
connection that even if this parol agreement
was made at the time the goods were pur-
chased, the evidence showed a waiver thereof
by reason of certain of the payments having
been made at its place of business. The ques-
tion of waiver, however, was peculiarly for
the jury; and it was properly submitted to
the jury under instructions to which no ex-
ceptions have been taken.

By its second group of exceptions appel-
lant charges error in several particulars: (1)
In the refusal of the trial judge to construe
the complaint as an action solely for conver-
sion; (2) in his refusal to direct a verdict for
defendant on the ground that the only reason-
able inference of which the testimony was
susceptible was that the title and right to
possession of the property were both in de-
fendant, so that it was entitled as a matter
of law to retake the same from plaintiff's
dwelling, which was done in an orderly and
peaceful manner; and (8) because defendant
was under no obligation to accept payment
tendered by plaintiff after default, and there-
fore was within its legal rights when it re-
possessed the property.

[4-6] It is the well-settled law of this state
that, after condition broken under a chattel
mortgage or title retention contract, the ti-
tle, as well as the right to possession of the
property covered thereby, immediately unite
in the mortgagee or seller. He then can re-
take the chattel either peaceably or by claim
and delivery proceedings. Under such cir-
cumstances an action for conversion of the
property retaken, of course, would not Lie.
All the authorities sustain this proposition.

[7] However, in the instant case, plaintiff's
complaint charged not only a conversion of
the property, but also a wrongful taking on
account of which damages were asked. The
complaint embodied at least these two causes
of action. No motion was made by defendant
to correct it in any particular, nor was a mo-

se Reema

(Cons \ |
Alias ‘Horsehead’ Davis on account
oF lis repulsive visage. The rope broke twice
cluring this execution.
“Ridwned Dispatch septetire 4/10/42

DAVIS, Bill

—'Bil}Davis,—blae eee were 15
Court House, Vas, Spoke from the gallows, Had killed
a black policeman in Pochanantas, Va., in 1891, while

—resisting—arrestfor-wife beating,"

COLUMBIA STATE, Columbia, S, C., Sept. 10, 1892

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president of his senior class before his graduation and in-
duction into the Air Force.

His time in service had done nothing to weaken young
Allen physically and, since his discharge a year earlier, he
had been working on his family’s farm. He was in perfect
trim. Had some lustful bushwhacker stolen up on the car
in which he was parked with lovely Betty Cain, in the
glade overlooking a broad expanse of the Pee Dee River,
Harvey Allen surely would have given a good account of
himself before surrendering the girl he loved to the brutish
grasp of a rapist.

But where was young Allen, or his body, if he actually
was dead?

A five-acre fish pond close by the tobacco barn where
Allen’s bloody undershirt was found seemed the most
probable place for the disposal of a second corpse, and
perhaps the missing head of the girl as well.

The pond was dragged, then drained, but its mucky
bottom yielded up no corpse, no severed head.

A lifesaving and rescue squad was rushed down from
Dillon, to drag the Pee Dee downstream from the Bluff.
Then a report from the state laboratory gave rise to the
suspicion that Harvey Allen might still be alive.

Blood type tests showed that all the stains found thus far—
in Allen’s car, at the apparent murder scene, on the piece of
tree limb, and on the young man’s undershirt—were of Betty
Cain’s blood type, and none matched Harvey Allen’s!

The state officers issued a pickup alarm on the husky
youth who walked with shoulders stooped; copies of his
photograph were distributed widely to aid in the search
for him.

In the meantime, the local officers were seeking suspects
in and around the village of Pamplico, being certain that
Betty Cain’s murderer must have known the Bluff area well
to have found the old stump hole to serve as a grave for
her headless body.

“There’s Packer Bohine, for one,” Police Chief Cross
said, facing Sheriff Hanna, Deputy Shute, and Lieutenant
Williams in his office in the town hall.

Bohine lived in a neighboring village. He was a hulking
brute of a man in his late 20s, with a reputation as the
town bully.

“Gets liquored up every now and then, and thinks it’s
cute to steal up behind a parked couple and raise the devil
with them,” Cross continued. “I had a complaint on him
a few months ago. I told him to stay out of this district,
but it might have taken more than mere telling to keep
him out.”

“We'll look him up,” the sheriff promised. “Any others?”

“Nobody I'd like to think of,” Cross replied. “Unless
maybe Frankie Trevor. He’s getting a mite too wild when
he gets hold of a jug, too. There’s a story that Frankie
had a date with a school teacher over in Marion County
awhile back. Got tanked and all but tore her clothes
42

Deputy E. McLeod, Sheriff J. Hanna and Deputy R. Shupe solved the mystery.

clean off her before a couple of fellows heard her yelling
and slapped Frankie senseless.”

The officers went to work on these two men, inquiring
first into their whereabouts, as they were known, on Sunday
night. At the same time, Investigator Cates continued his
technical work on Harvey Allen’s Plymouth sedan, and
came up finally with the fingerprints of two men, lifted
from the enameled exterior of the machine.

The search for young Allen also was continued. Examina-
tion of his checking account in a bank in Latta showed no
recent withdrawals of any unusual amount. Furthermore, it
appeared highly unlikely that he could have made his way
out of Pamplico by any means other than his own auto-
mobile.

But if he, too, had been murdered, where was his body?
A party of some forty men had scoured the fields along
the road between the town and Dewitt’s Bluff, and they
were ready to swear they could not have missed a grave,
or a patch of freshly turned earth anywhere along the route.

Frankie Trevor was discarded as a possible suspect within
an hour after the officers talked to him. He had been out
with a young lady in Florence on Sunday night, innocently
enjoying a movie, after which the couple returned to her
home, where Frankie sat talking with the girl and her
parents until one o'clock in the morning.

Packer Bohine also claimed an alibi for Sunday night.

“I drove down to Charleston Sunday afternoon,” he said.
“I-hung around there till two in the morning. I didn’t get
home till almost six o’clock.”

His family confirmed his departure and return. Bohine
gave the name of an acquaintance who could vouch for his
presence in Charleston, and city police there promised to
check the young man’s story at once.

The savage rape-slaying of the lovely young blue-eyed
redhead stirred a tide of rage in the town of Pamplico and
over its neighboring countryside which grew, rather than
diminished, in force in the twenty-four hours after the
discovery of Betty Cain’s ravished, headless body.

Knots of angry .men swelled into small crowds in the
town square. The state posted a $1000 reward for in-
formation leading to the arrest and conviction of her slayer,
a Charleston newspaper added $500 to the sum, and other
reward funds were started in Pamplico and in Latta, young
Allen’s home town.

On Tuesday, Investigator Cates came up with an addi-
tional clue. In mud near Betty's grave he had found the
bare footprint of a man. There had been no unshod men
in the posse the day before. The track probably was the
killer's. ;

“Took off his shoes, I suppose, to keep them dry when
the car bogged down in that mudhole,” the state sleuth
reasoned. “I made a plaster cast. It’s a big foot—eleven and
one-half inches long.”

Police Chief Cross lifted his cap from its hook on a rack.

DETECTIVE CASES

“I’m fetching Packer Bohine in,” he announced. “He's got
a foot that will equal that track in size any day in the week.’

Bohine’s foot was even larger than that which had left
the track near the grave. Moreover, a long distance call
from Charleston fully substantiated his alibi, and he was
cleared of suspicion.

On Wednesday afternoon, the stores in Pamplico were
closed and the village population turped out en masse to
attend funeral services for Betty Cain in the white frame
Methodist church to which she had belonged.

Chief. Cross, Sheriff Hanna, and Lieutenant Williams,
however, were absent from these rites. They were at a
sharecropper’s cabin just off a small cornfield at the end
of an almost impassable wagon road that led in half a mile
from the Pamplico-Dewitt’s Bluff road not far from where
Betty’s body had been found.

“It's been preying on my mind,” the farm woman said.
“Most nobody uses that old road in a car. But somebody
did, early Monday morning. The car lights woke me up.
The car stood there in the lane a long time. Then it went
away.

The officers made a long, searching cast along the edge
of the field, where old cornstalks were bent and broken
above the bare earth.

They found the tracks at last, bare footprints that led
from near the dead end of the rutted wagon trail, across

Crude grave where girl’s butchered corpse was buried.

DETECTIVE CASES

a corner of the cornfield, toward a brier patch and a clump
of towering pines. :

They followed the trail to the thicket. Here, hidden by
cornstalks which had been uprooted from the field, they
came upon an old abandoned well. ai

“Look,” urged Lieutenant Williams, pointing to the
surface of the earth which filled the well hole almost to
the top.

“Fresh dirt!” Sheriff Hanna exclaimed. “I guess we better
dig it out.”

They obtained a shovel and set to work. ‘

They first uncovered Harvey Allen’s body, feet up, with
his blue sports jacket wrapped around the legs. :

Next they unearthed three sheets of burlap cloth, reeking
of kerosene. :

“Probably planned to burn the body, then changed his
mind,” Williams said.

Below the burlap was the rubber floor mat, missing from
the Plymouth sedan, and, beneath this, Betty Cain’s light
topcoat.

Under the topcoat was the slain girl’s head.

The faces of both victims were hideously battered. When
he examined Allen’s body and Betty Cain’s head, Dr.
Claussen discovered that both had been shot, the girl in the
left temple, the youth behind the right ear.

One bullet, from a .38-caliber revolver, was recovered
from Allen’s brain. The young (Continued on page 71)

Police found a shovel under heuse where suspect lived.

Gun and knife spelled doom for two young people.

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from the staked-out house on the South
Side was arrested in a motel near
Atlanta on Highway 41. She admitted
she had mailed a package of money—
$4,057—to an address in Wheeling,
West Virginia. On September 5th
Wheeling police captured Roger Fenn
as he called to pick up his share of the
payroll loot. He implicated three other
men, who were arrested by the FBI and
other law agencies. The back of the
auto-theft ring was broken. Gang mem-
bers were indicted and, as their girl
friends turned state’s evidence to get
off free, were sentenced to varying
terms, ranging as high as 60 years. But
the man the law really wanted was Pat
Carrigan.

He was formally indicted in the
Beatrice Samples murder on September
14th by a coroner‘s jury. This seemed
to shock Carrigan out of his silence.
He asked for a mouthpiece and through

his attorney issued a 13-page statement,
admitting that he had known Bea
Samples, had dated her, but had defi-
nitely not slain her. Not deliberately.

It was an accident during some fool-
ing around—Russian roulette. All in
fun. But when he pulled the trigger a
bullet blasted into Bea’s head. “I didn’t
know it was loaded,” Carrigan claimed.
“TI thought I had seen her take the
cartridges out of it.”

At his trial, four brilliant defense
attorneys could not make his childish
defense stand up against the solid case
built by Chief Fitzgerald’s detective
staff and crime laboratory. Prosecutors
Paul Webb and Ogden Doremus, de-
spite threats openly made against them,
put bars around Carrigan, fact by slash-
ing fact. Those bars became Death
House bars when the jury found Car-
rigan guilty and sentenced him to die.

Carrigan did a lot of talking in

Death Row, but did not enlarge upon
his motive for killing Bea Samples. Po-
lice theory in this matter was that
Carrigan had talked too much to Bea
about his gang, perhaps revealed the
fact that they planned to pull the pay-
roll job. Attractive Beatrice Samples
had died, not by accident, but by the
gangland code that dead men—or
women—tell no tales.

Before they strapped Carrigan into
the electric chair on April 28th, 1950,
he said: “I am not as brave as I have
pretended to be. My attitude was a
cover-up. There are few sins in the
catalog I didn’t commit. Now I am
paying my debt to society.”

With the flip of the switch Carrigan’s
crime-laden, overdue account was offi-
cially closed forever. *

Editor’s Note: The names Jean Conway
and Roger Fenn are fictitious.

SNA APLI CN GEGL CE LM SEALE ST EE

HEADLESS BEAUTY IN A GRAVE

(Continued from page 43)

man’s wallet and a self-winding wrist-
watch were missing.

“Now there’s one thing for sure,”
Police Chief Cross declared. “The man
we want lives right close by. Nobody
else would ever have known about the
old wagon road, let alone have been
able to find this old well.”

Lieutenant Williams straightened his
huge frame and looked around the
neighboring countryside. “Then he
shouldn’t be too hard to ferret out,”
the state detective said. “Nothing here-
abouts except a few farmers. Shall we
start making the. rounds?”

The woman they had talked to and
her husband occupied one of the few
cabins. Their daughter lived in another
with the man she had married a few
months earlier. There were only a
couple of other shacks on the farm.

Jake Page, a big, rangy man, stand-
ing six feet two inches tall and weigh-
ing one hundred eighty pounds, was
not at home in the second cabin.

“He left this morning for Tarboro,”
his wife said. “‘He had some business
up there, he told me.” ;

The officers went through the cabin,
noting that Page apparently had taken
his entire wardrobe with him on the
trip to the North Carolina city, some
two hundred miles away. What business
Page might have there, his wife could
not Say.

Williams, rummaging through a stack
of books in the cabin, read a title that
caught his eye. He picked up the
volume, and it fell open at a passage
which he read with increasing interest.

“Get a load of this,” he said to his
colleagues. They, too, read the passage.

The book was a murder mystery
novel. It had opened to a description
of a killer’s burial of a woman’s body.
In the story, the murderer had had to
cut off his victim’s head to fit the corpse

DETECTIVE CASES

into a makeshift grave!

Chief Cross and Sheriff Hanna
journeyed to Tarboro in what proved
to be a fruitless search for Jake Page.
Obviously the man had taken flight
only a few hours before the discovery
of Harvey Allen’s body and Betty Cain’s
head in the old well, to which the police
had been led by his own mother-in-law.

EANWHILE in South Carolina the

authorities were desperately seek-
ing other leads to whatever refuge the
fugitive had sought.

Page, they learned, had turned up
in the Pamplico district the previous
summer. He had been on crutches then,
Ostensibly because of injuries suffered
in an automobile accident.

Investigator Cates went over the
sharecropper’s cabin and turned up
many fingerprints. Through these the
authorities speedily learned that the
name Jake Page was an alias. His real
name was Raymond Carney, and he
not only had served one prison term for
larceny in North Carolina, but had
escaped from a prison camp while
serving a second term about a year
earlier..

Carney had owned a gun, his wife
admitted, a snub-nosed, pearl-handled
revolver. Doubtless, she said, he had
taken it with him.

“I know about that gun,” -she said.
“Jake had an accident with it, not far
back. He’s still carrying a slug in his
hip, where he got shot.”

Lieutenant Williams traded grins with
Investigator Cates.

If Carney could be found, he would
be a walking proof of his guilt in the
murders of the couple and the rape of
the girl, for the bullet, removed from
his hip, could be compared in a bal-
listics test with the slug taken from
Harvey Allen’s head!

This, however, might not prove neces-
sary, the officers learned from Page’s
young wife. Jake had fired a few prac-
tice shots at a target tacked on a big
pine tree near their cabin.

Cates probed into the trunk of the
tree and came up with one pellet, a
.38-caliber slug, in good condition. Tests
showed it had been fired from the
weapon used to kill young Allen.

Sheriff Hanna swore out a murder
warrant against Raymond Carney, and
a pickup alarm was flashed on him to
officers all over the Carolinas. .

Two days after the hunt began,
residents of the rolling countryside
known as the Willow Creek district, nine
miles northeast of Pamplico, were cer-
tain they had seen Carney, hiding in
a swampy woods near there.

Bloodhounds were rushed to the
scene. They flushed a few dozen fright-
ened rabbits, but no fugitive slayer.

The days passed. The reward fund
grew to $3,200. Carney was. reported
in one section, then another, another,
still another, but quick, slashing man-
hunts failed to turn him up.

On Saturday, December 19th, 1953,
three friends went bird-hunting just
south of Johnsonville, in southeastern
Florence County, about fifteen miles
from the scene of the murders.

They were still talking about the
crimes, for the anger of Betty Cain’s
townspeople had cooled not one degree
in the thirteen days since her death.

“Could be,” one remarked, “that
guy Carney’s right in these here parts.”

“Who says so?” another queried.
“Who’s seen him down here?”

“Nobody’s seen him. But there’s
something queer been going on. I know
half a dozen farmers who swear their
cows’ve been milked at night. They
say that means there’s somebody hiding
out in the woods, afraid to show his
face where he could get real food.”

The three hunters fanned out in a
field between Route 41 and the Sea-
board railroad tracks south of John-
sonville, advancing toward a woods.

As they neared the woods, they saw
a big man moving furtively among the
trees.

“There!”

one hunter said. “I bet

that’s him. C’mon, let’s see.”

The big fellow walked away as they
hurried forward. Suddenly, the hunters
threw shotguns to shoulders. “You bet-
ter stand still!” one yelled at the man
in the woods. “You'll get a bellyful of
birdshot if you don’t.”

The man stopped until the hunters
came up. He was tall, over six feet,
they observed, but he was thin and he
wore a mustache, which Carney had
not. He swore he was not Raymond
Carney, but the trio marched him ahead
of their shotguns to the city hall in
Johnsonville.

There Police Chief Lurie Poston and
Magistrate George Donahoe searched
him, finding five dollars in cash, a razor,
a switch-blade knife—and a doctor’s bill
and a paycheck from a lumber firm,
made out to J. W. Page, Carney’s alias
in the Pamplico region.

“I’m a relative of Jake Page, that’s
all,” the suspect said. “I don’t know
where he is.”

He was wearing three sets of outer
clothing. He admitted he was weak
from hunger, that he had lost nearly
twenty pounds in wandering around in
the woods for a week or more, and he
said he was cold, but he still insisted
he was not Ray Carney, alias Page.

In the bulk of his clothing he had a
tire iron concealed. Left alone for a
few minutes in a cell, he nearly broke
out of the Johnsonville jail, using the
iron to wrench off the lock.

| & THE meantime word was spread-
ing that the Pamplico murderer was
in custody, and a crowd began to form
in the city square.

The suspect knew full well what that
meant. “Get me out of here,” he said.
“I’m Carney, all right. Get me some-
place safe from a lynch mob, and I'll
tell the whole story.”

Sheriff Hanna and Deputies Shupe
and Myers rushed down from Florence.
Chief Poston, meanwhile, spirited
Carney up an alley to a car, and whisk-
ed him out of town.

He was transferred from jail to jail
over a period of several hours, until
Governor James F. Byrnes ordered him
taken to the state penitentiary at Colum-
bia to thwart any possible lynching at-
tempt.

Carney confessed to the murders of
Harvey Allen and Betty Cain, and to
the decapitation of the girl.

His motive, however, was not rape,
but robbery, he insisted.

“I made up my mind to rob a car that
night,” he said. “I went up to the Bluff,
meaning to hit the first car that came
along. Their machine was the first one
I saw.

“When I opened the door, this tough
young fellow jumped out at me. He
started fighting. I shot him, and then
I shot the girl.

“I cut off her head. I was going to cut
his off, too, but I just couldn’t go

ahead with it. I wanted to scatter the -

evidence as much as I could. That’s
why I lopped off her head.”

Carney said he lugged the bodies
into the auto trunk and started off,
intending to cart the corpses some
distance away to bury them.

The Plymouth bogged down in a
mudhole. He placed Betty’s headless
corpse in the stump hole, and had
covered it only lightly when the nearby
tree, uprooted by the wind began to
fall.

“It crumpled down, right over the
grave,” Carney said. “I thought that
was good. I worked with the car till
I got it going again. Then I saw there
wasn’t much gas left.”

He remembered the old well, drove

ARRESTED FOR ATTACKING ATTACKER

(Continued from page 8)

HE TWO DETECTIVES, who had
consulted with their superior officer,
drove Miss Del Fava home.

“I’m afraid we'll have to arrest you
too,” Sergeant Fitzsimmons told her,
“for violation of the Sullivan Law.”

“But I didn’t attack anybody. I was
just defending myself!” the girl pro-
tested.

“We're sorry, but you were carrying
a switchblade and the law is the law.”

“If for instance you’d been carrying
a hatpin—like your grandmother used
to do—it would have been all right,”
said Detective Masci.

She was told she would be arraigned
in Queens Criminal Court in Kew

Gardens on a charge of Sullivan Law’

violation later that day. Then she was
permitted to get some much-needed
rest.

Ironically, at. almost the same time

as near it as he could, then carried
Allen’s body, Betty’s head, the burlap,
floor mat and coats across the field and
buried them with a shovel which he
later hid beneath his mother-in-law’s
home.

The shovel was found there, ‘still
stained with blood. His revolver was
dug up near his home, where Carney
told officers he had buried it. Harvey
Allen’s wristwatch was recovered from
a cookstove in his cabin, after Carney
told the cops where he had hidden it.
He said he burned the young man’s
wallet, after taking about fifteen dollars
from it, and he also burned his bloody
shirt the day after the double slaying.

In his flight from Pamplico, Carney
revealed, he had never been farther
away than Johnsonville. He had lived
on stolen milk, sweet potatoes, and
other vegetables stolen from garden
crops.

“I do wish,” he said, “I had that one
night in my life back again. One place
I'd never go would be up to that Bluff.”

Raymond Carney was indicted for
first-degree murder on March 24th,
1954, and he was convicted in Florence
County Courthouse. He was sentenced
to die in the electric chair on May 7th,
1954. The authorities were certain that
it was his lust for the pretty young
high school girl, and not the paltry
fifteen dollars he stole, that had mo-
tivated his vicious crimes.

But his motive made little difference
to the*charge of electricity which ripped
the life from his body much more
mercifully than he had taken the lives
of two young people, shrouded in their
dreams on a cliff above a murmuring
river. *

Editor's Note: The names Packer Bo-
hine and Frank Trevor are fictitious.

that Miss Del Fava was attacked, a
Struggle was taking place in an apart-
ment hallway only a few miles away in
Brooklyn. There another girl, a 16-year-
old high school junior named Regina
Marshall, was stabbed through the heart
while attempting to resist the attack of
an unknown man. She was just return-
ing from an evening with friends at
Coney Island. Her unknown knifer fled,
and he has not been captured as of this
writing.

Miss Marshall died. She had had no
knife with which to protect herself.

The Forest Hills police had already
learned about this attack—as had Miss
Del Fava—when she was arraigned in
court that day.

“All I was trying to do was defend
myself,” she told Judge Thomas Fitz-
patrick. “What happened to Kitty Gen-
ovese and that other girl could have
happened to me if I hadn’t had that
knife.”

The judge said he realized that. So
did the police. Everyone was very nice
to Arlene Del Fava.

But the law was the law and a
switchblade knife was a switchblade
knife. Apparently nothing could be
done about it.

She was told that the charge against
her was just a technicality and that the
worst she would get would probably be
a suspended sentence.

“We had to arrest this young woman,
even though we might want to applaud
the job she did on her attacker,” a
spokesman for Police Commissioner
Michael J. Murphy said later. “We
can’t advise women to go around car-
rying switchblade knives.”

But Miss Del Fava was understand-
ably a little peeved.

“I was still treated like a criminal,”
she said. “I was charged and arraigned
and then paroled, and I have to appear
at a hearing next week.”

But she tried to make the best of her
treatment.

“I suppose it’s better than being kill-
ed, like Kitty Genovese,” she said phil-
osophically. “And the next time, I'll
carry a hatpin—like grandma.” *

DETECTIVE CASES

sib 2 Megs eda

werythe RNY, Raymond, blgelee, 5C35P. (?*Mloremge) 5-7-1954,

Uuuptaread Kuler OF 0.U. parr
tells story of shocking crime

COLUMBIA, § »C., Dee. 20 (AP) — Raym ond Carney brooded ina “maximum scotty 5
cell” at the State Penitentiar today over the D Dec. 6 slaying of a young Florence County
couple. Officers sa ie he has admitted it “just antel in a $15 robbery. ~
SSL was ay

a 100-mile drive from’ the scene of his" capture ‘hear: Johnsunville;-in- Southeastern: Florence}

County.

Threat of violence
Gov, Byrnes ordered the frighten- |

aroused residents began milling
around the Johnsonville jail and
Carney made a desperate attempt
‘to break out. :
. Florence County Sherif€ , Jobn |
4 Manna said Carney. readily admit:|. 5
ted beheading IS-year - old Betty
‘Clair Cain of Pamplico and fatally
. shooting her date, Henry Allen, |;
|22, of Latta, when he found them
‘parked in Allen's car near the Pee
Dee River.

A small army of state, prison]
and local officers heard the verbal]
confession early this morning. Pres-
ent were two Columbla Negro po-
licemen. There was...no.. signed
statement.

8 May get early (rial

The sheriff sald Carney” probably
will be returned to Florence for
trial the first part of January. He
added that Carney does not want
an attorney, erry

According to’ officers, the gang-
ling 38-year-old Negro, who escaped
last year from a North Carolina
prison farm, expressed remorse
over the slayings.

Carney’s capture, which waded
a giant, 10-day search, came ac-
'eldentally. Three men on a bird

hunt reportedly spotted him in a
patch of woods and took him to
Johnsonville at gunpoint. There,

Irby Stone who contnaeed. the
iff's office Cookie e Law Enforce-
ment Divial LED? officers.
- Tella- ofbhooting a
Lt. Roy. “Williams of SLED
quoted Carey as saying he: tn-
tended only to rob the couple, but
'hecame panicky and started shoot-
‘Ing when Allen ‘made a grab at
me" -and the~girl- sereamed— Wik
liams said Carney. gave this -ac-
‘count of the brutal killings:
' Allen and Miss Cain were seat-
‘ed in the front seat of the youth's
l!auto: when = he approached - them
shortly after 9 p. m.
He struck Allen with a .38 cali-
ber pistol, shot the girl? then” shot
Allen,
A short time later, he threw. the
bodies in the car trunk, and drove
™“ ‘off In search of a burtal spot. When
the auto ‘“‘bogged down” a short
distance. away,” Carney returned,
to the area,

Cut off her head
tere ‘he decapitated -Miss—Caln
wi

ay knife in an effort to “de-
troy. evidence,;"’..-and—stufled—her}
headleqs body in a shallow hole.
-- Carney ‘said~a--tree, - weakened
by a strohg wind, suddenly toppled
over, covering the hole, and pre-
venting him\from continuing the
burial.

He hurriedly\, camouflaged the
orev" en wert"t “hig mothertne t
law's house ~where«he- obtained. a

small cart. — Ove

He loaded the’girl's head and Al-
len’s body into the cart,\pushing It
to an abandoned well hear the

PPP ONO

sked. through.th pare po under.heavy.guardtate, last night_follawing|,

ed Negro’s quick transfer af

he was: turned’ over: to Constable [
the sher

~{Continued on Page 2, Col. 1)

Before Greene could finish his story
Constable Henry had ordered the state
troopers with him to follow the murder
car down the Chesnee highway.

Sheriff Miller and Chief of Police
J. H. Hill of Spartanburg arrived at the
mill. The yard where the death car sat
was crowded with excited workmen and
nearby residents.

“The killers,’ Constable Henry ex-
plained to the sheriff, “drove a green
sedan. The driver was a big, flaxen-
haired man.”

Chief Hill rushed to the mill office
and called this information into head-
quarters and a minute later the wires
were carrying a description of car and
driver to every city and town within a
radius of 50 miles.

The body of Earle Belue was carried
out of the car. The crowd looked on
sileptly and grimly. They all knew the
dead youth and felt the tragedy
deeply. He was married and had one
child; another was expected in a few
weeks. :

Sheriff Miller took the payroll satchel
from Belue’s fingers and turned to Chief
Hill. “The killers wanted this but
Greene didn’t give them a chance.”

Hill nodded. Robbery was the ob-
‘vious motive. A man came pushing his
way through the crowd. He was a busi-
ness man who happened to be near the
mill at the time of the shooting.

“The killer’s car,” he said, “had a loose
rear bumper. I saw the car and as it
raced away I noticed that the bumper

SCENE OF SHOOTING

Attempting to overhaul the payroll car as illustrated in the photo-diagram above, the bandits
resorted to gunfire which resulted in the wanton slaying of young Earle Belue.

was dragging on the concrete. I have
just checked that myself. The marks of
the bumper show that they headed for
the Chesnee highway.”

The news of Earle Belue’s brutal mur-
der spread like wildfire over Spartan-
burg, a textile city of 35,000 inhabitants
in the heart of the Piedmont section of
South Carolina. Crowds gathered on
the streets and the workmen, leaving
their jobs, formed posses to scour the
countryside.

But to the police the murder of Earle
Belue presented one of those baffling and
impossible crimes. On the face of it, he
was killed in an attempted robbery. A
number of witnesses were quickly
rounded up who saw the green car and
the two men in it.

Yet none of the witnesses recognized
either of the men. A filling station
operator on the Mill highway, told
Sheriff Miller that the green sedan had
stopped at his filling station earlier in
the morning and that he had had a good
look at the two men and was certain
that they were strangers in the com-
munity,

Two housewives, living near the mill,

» saw the two men and their car when it

was parked on a side road about an hour

before the. shooting. Neither of the
wonien, both well-acquainted in the city,
recognized the men.

“A couple of killers from some other
state,” Sheriff Miller said to Chief of
Police Hill. “They came here to stage
a holdup, killed Belue and got scared
away. By now they are miles away and
our chances of ever tracing them are
about a thousand to one.”

Deputy Sheriff John W. Becknell,
now one of the famous United States
marshals of the south, was with Sheriff
Miller and Chief Hill. Even as.a
deputy Becknell was noted for his ability

DARING

to ferr
cases.

“Ou
killers
be a fi

killers
bile.
burg y
it aro.
knew |
from t
inside
Twe
Beckn:

DETE

COLEMAN, Ray and JOHNSON,

Ve
¢

Paul, whs, elec. SC (Spartanburg) on June 24, 1930.

eavy-

+f:

out of Spartanburg, S, C., he

) the thin-faced man beside him, ‘

is companion nodded, atipped' a gun
rom his pocket and laid it across his lap.
, , Hig eyes narrowed. Ahead of them was

‘ green sedan out rat a tae road .
-andonto the concrete highway

An ? . Inger $
lowed. The slug went wild, tore through
re top of the payroll car. ° |

‘The gunman cursed and steadied his

atm for a second shot, The ‘gun roared
“and the man beside the. driver in ‘the
lead car jerked spasmodically as’the’ bul~'’

let ploughed into the' back of his head. -
For a moment his body stiffened, then: »

‘The shooting fe becrea about 9: :30
“on ‘the morping of December 14, 1928...
Scant minutes after: the alarm had been
“flashed, State ‘Constable Sam Henry of
» the state police, was at mill headquarters.»

He found the conipany car, which had
“been-driven by Adrian T. Greene, sec-

PHIL

he slumped back sinto ‘the ‘seat, halt:
sprawling against the driver...
fhe latter ; pushed." the : bod
‘striving ‘to control his machin
rae downs ers Birt

(retary. and) ‘assistant treasurer of, the
way); Mills, \in front of the: mill ‘offi
“it “) body of Earle Belue, payroll’
-, across the seat; the ‘back
shattered by.the bullet whi
into the base of his brain.
. “The right hand of the dea
ripped ‘the leather» bag’ whic
$6,000; in currency, the weekl
' which Belue and Greene had
*from the bank. °°
‘The green sedan,’”” Greene told
“went down the street and: me

an open car with two pansenigaeee 0 * in
Othat car was the payroll the Dra,
extile Mills, ».
Oblivious : to. ‘impending’
men inthe pay car laughed’ an Ase
as they rolled along at’ a conservative ,
spce Unnaticed,’ the green se
aye osed Hg gap between the

of death,: carrying:
2 men, roared -out:.
b and

pi
r ae the, pay car’ pte:

he aa
eA ae ately ie x

eriff

Phcto shows Drayton
Textile Mills where
siain man worked.

DARING DETECTIVE, September, 1938.

ng of ' edit 14, 1928.

3 after. the alarm had been;
Constable Sam Henry,

e was at mill headquarters.
1¢ conipany car, which ‘ha

yy Adrian Ty oe Bein
ssistant treasurer

u of the:

> Belue;*pa
at, the bac
1e bullet which be

} “Ty e shadow of the electric chair fell

wart the paths of two coldblooded
Kaien when officers took the-trail of

eet Coleman, below right, and his

PLACE — BITTY OR COUNTY Oe ee yee 8 Oo eo & MEARS

RESIDENCE

| a

RECORD

~ MURDER "4-13-1873 |

VICTIM

RACE

METHOD

Blangeon

MOTIVE

SYNOPSIS

Miscreant tnd victim got (ato aa argument at 4 party. Cofermars layed tig

Waid tar Hachttt down We road after the c party. Spring “por fii as he pitied
and bashed hin over tie Fitad Wit A ji ckiry Sch, tatiictiag Vitel Shull
prepuce

TRIAL

7wo TktAas. A Latch Jaay Arr Karst TRIAL

APPEALS

Twicé To STATE SUPREME COURT

LAST WORDS

EXECUTION

SOURCE

Me Charleston News & Courier 8-19-(876 1:3

FRANK NEWTON OFFICE SUPPLY—DOTHAN

: Mh medal. i es 6 ty “by pl: weds band of. dew,
. les.

aE ij, ale ne
Be the: nf line Awisrtes of eternal trath— ;
ps the’ wwrctiay yurde linparted by heaves th

ered foldi'age cc ntuiped thone exited nn
aspiring tratha, through wideh “alone w

tind.

~ fa! eng tye,

te exhibited. j in all theirich simplicity and

abd
migy euinagen {hen tee thee tee:

Ie. Sing V Omen i

he (hewes of on eit

Men mm aia il tual 4)
Were Hy thee iptisentet nf Ayu oe 8
rerwrd : hewn bret of amerniy te mapa a
0-6. Moving ciercter Cf ai tie fleur

Uh oe Oy piss d ithe ta por hfe ¢
Yuratie Wl eedinnd tosn hue uf asm ir re ls).
aby efortis the pophete pare and th.

mug {;

hile’. y
berket reecid. Awd hist wt Cen eat hadd
h Ui wa a whe 0 9F ink trem Over Aue ane
on (gs tt the pe poets it on the co Vie. hande

‘ths dee lig. a and Wchiag« of the Saviuu

ie the Columbia: papers, Uat

ite<} pre " 1. "
Vie wehelantic divttem writ bey

| A+ #4 No dill Aig 6 tn ae
ub Bs shes otf rain /4 ey Pied spofers

ts DeW ahd
it digwe is now ready fur vocopuney

rin. on Wednes.
fay. the Sthef Cetobee Mr: Murtin appeals
lites Uiewe who” bave sxubscribed to aid in
ene! oan this battding, 10 pay up their wub-

sna ce far as possivle before the first

ache!

Shi

tit i ck as

The ‘Town Counc of Camden has pas-
aed on Ordin ince to authorize the electron
ananeily of a Pubic Weizher, whose duty.
it wil be to adjust ail senles nnd weighs
Byen which coiton is Pre pune “J to be weighs

¢
a) Ma Moshe; ad ever airetkhing begun

tn me shee wl hie ent hie myniniration-

wy ae she! O21 jus ve ee the ehetyy anid al
breathed : Recs: gh tig oe ote eh eee th
A toed hy ee radi ote
wT) ty ¥

pr tlle be Thfe bau .
drat thoy ef. thik veentie In fre i
Suara bs ph Me eit d he LLLP ny esd iy:
deer beomp | ihe My wrt iaborn 1 whi, h he
Before his + @.> und Mer din
boinygamebobuge: Wit) es existénen’ shall.
bx @--ts 15 Wei rce ail the Wiles grarp of
thin $s bin field da his baudd

direct ‘tie winde-ers fovt ; within wWheoae nna,

@20 be ade eine Valo salvation ; whercig:

Pordd te beautifully described by the royal
+ Af in the evening withhold not thy hand:

ve the Sanday Sehvo! teacher.

Gates; wheo

S|
“Phe time. when this’ seed must be neat.

Pasimist; “In the Morning ieow thy seed,
for. thoe kaowest not-whether shall prosper
thie or that, pr whether they both «hall be
alike guod.”” How responsible the office of
In the morn.

Im tne tadrniug. of life
when the tieart is: nnoe cupied by corroding

the mind 5 i in. its tooxt t plastic:

mw thy» ated

06 of lifs,: aad Oaurish in immortal bloom,

. A Leasher vaiers apon-his. hindly“oGice of dis
ae Meyer high and holy
aes

i? york Scheu

hepig hve

ligions truth; and: when, m: teaver, the chir

this i ie the vritieat ‘petiodiehich the Sunday

acter is form: ig Which shail exert its in flu
ence ‘fur wes) YF Woe, On avery fatare peri.

éven when time * itaeif ah ll be’ no more
Beboo! hes to de with: the young, and the

testing the powers ef the expanding mind
source fron whence
Inthe grind work of:
and ita officers “aud
‘y f Bapreaying npoa the young und

er “mid the Bret leasune ef Liblieal.ia)

Qe which peradveoture wa
— Cerdect | Jelevece St prenynt reece
ee Anite mind ; ieee &: ‘vetehing to the

Si terest sphere, sad

até. “Tiiis

iy ivf@e sw titey awan of benny =

@!-and to weigh ai! cotton sold in the ware.
kt of Camden after the’ proposed arranges
Mekt goes inte Operstion — This Or: finance,

we Aid published in the “Cruden Jéartal.
a <> ea i

5 ' Bentenced to be Hung.
We tiaded: bast week to uw case of pol-.

ping Which hat ccrurred in the North eas.

teri seciion of ner Diatsict, under’ peenline,

and very agururaitig evreiin sly Qces. Aman.

qi Aansey, ‘age thirteen years, the ‘dauyhter
0! Alvin Mosse, wan tuken suddenly. ill on
Tharmday nigbt and ded ia} few moments
The Dody was interred the next day ; was

tiken vp on Monday following and examin-
ed by a Coroner's Jurv. The jury rendered
a verdict ta the effect that the decensed had
died of poison. Suspicion rested upon Dan,
n slave of the said Massey, an heaving ad- |.
ministered the poison. “Dan was arrested
und bronght to iat before magistrate and

freeholdera on Friday. following. After twe

aja: Yevealigetion, theJuty broaghl Ink

veldlet ‘Of guilty’ and the negro. was nen.
tenced to be hung: on the first Friday in
November next. He was convicted, we un-
detatand. entirely upon cireamataptial evi-

dence, but so connected . and pees

were the circumstances, that’ the jery ¢
nol hesitate as to their verdict. The acting
Magis'rate wpon the trial was WW. P, Plyler,
Eaq: The proacention was~ conducted by
Msjor John D.:Wylic and the: €efence by
W: A: Moere, Eng. The body wag examined
at the Coroner's Inqaeet Ly Jr. R. E. Wylie,
rer decal Ate: ot 0: she-pulene.
that did the work of death. “Tt was a vege-
tible, and one that erc béntifally to the’
wurroundiog . section.” Ts sifomatances
went to show. tndt death waa prt duced in
leas than. Gfteen minutes from. the tiny it
Was taken I in the stomach.
We sleted last week what was supposed
to have been the prisocei’s motive for kil-

ling this gil ; viz: to destroy with her the

etidence of a criminal intimacy whieh had
pres viously ‘sadsiuted between them. © That
auch, wae hia meilive, and‘also the fact of
the previons lodaaey, was coofirmed by the
inventiguiiyn. 1¢ bs with reluctance that we
allude ayain to thie the most repulsive fea
ture in the criine, and we blush for that
society that dows pot regard “jt asthe most
revolting evidenes uf hawan guilt and deg.
radation, end 40 procisim its comvictions by
meaamres to protect Itself from a reearrence

> | OC Rite foul bios upon ite name. .
Pe nae me A

>| te-lewo-his custody.
T Will eubuptted shat uuder ihe Act of 1838

ur the VM Totiten: aubulited

ty the Court, for a Comniwmava to Gaauiie
any of the subscribing Wiinheasen 10. the
Will, whu way be out of the Drejtriet, vus
huidred miles trom the Court’ House, or
abscut from the State; the. Ordinary sv at-

tach the onginal Will ty mid commigaion

to be id. pated by the sud wituesses.
A apitiied: argument tere aruse betwern

the counsel on-wither side in re'auon ty she
bpow or of (he Ordinary ander the Aet of 1839,
lv. examipe subscribing, Wiluesbes to a Will
by- vo missivn. The evnlestants tovk she F
grand hat witneeses-to-# Wil could only |-
be ehamined ‘before the Ordindty ;" and thr-

| ther, that the will-bsing areeord of the off e.

p by Ordinary Kad a power to auffer the same
Koe conmel for the

the. Ordjpary hid the sume power to take
the testimony « of abbreriving Wilnessds Ww »
Will by eowwiesien that he had to exucine
by cowtissiun 10 other cases. That the lee
timoty takeo by cumminsioner, the latter
acting as the agents of the Ordwary, wen ip
fag fan rawizeyon belpre the. Ordinary”
ia the contew piation: of, the Aet. And that
the Wail, thoagh attadhed: ‘to the'cdinusis.
sion, which ts sealed by the Orifioary und
eotrusted to his agents, was oil, in cfeel,
ia the castody of the Urdioary....)

After. hearing the argument ~ “pos both
nides, the Ordinary signited that: he desired
htime to make up his opinion upoz the nro-
Hon. and the ‘Court adjourned.

wan made before the Ordigary’by: the coun-
nel for the ~ Will, several weeks ago ; the
latter looking to the very contingency that
has happened(the possibility tha some of tle
witnesiea might be anable to ettead) nad
denirous of uiab ing a!l hecessary prepara.
tion for the trial of the cause op the ap-
pointed day: Thé. Gummission wae then
refused bythe Ordinary, aad sume of the

a continuance of the cause waa rendered
jaecewes ry. A rile has been teoued aE

show cause befure the Coutt of Ordinary
on the 37th tat, why. they whuald got be
atached fur.a ‘contempt for not obeying the
process of ibe Coury”

By agreement between the particn,the tea
timény Uf ‘the two subseribing wilnessce ‘io
the will who were Present, Was taken be-
fore the Ordinary this (l'uwsdas) moruing.
The examination lasted abuul 4 huara We
have 20 rounfin this iewue for furthur par-
Useless:

Tur Caanestos Cocaise.— This ater.
liog Juurual anovences that preparativos
ate th progress for enlarging anu otherwise
tmptoting lie & ance.” ft by ditticait to
gad jrenead thal ‘an improvement upon the
Courier iw feaaitte 3 bad there igaay roow
whereby it may ba rendered more accepti-
ble to ite large siecle uh readers, ite enier-
pesieg proprieture will doubaless fii it ip a
very few days. as they prupuse

Fur the Lancaster Ledger.
By lavitatios, some twenty farmers mei

We pitt pene stata-iygy the sams motton4

wilneeses rot having obeyed his summons,

delegntio
Were ue
sigit i
courage.
ed of t
compinie
of ‘Vemp
noviations
vivors uf |
wan two.
the Gover
{ tetucand 4
land - the
teat was
es—cepal
wue fuil,
with s fe
An 8506

May ve,

nddteas wv
and ding
Mr. Chan

‘por. T

prayer by
command
obeyed »
by ever)

he was |
Then $4
Was ryan

sporided
nors. M
boast to

sons for

for the £
Clergy 5

History ;
erality.o
ence aad
Gruder f
| f
early Hi
Thea
‘Returned
called on
made the
and full ¢

with woe
the moe
laughter
Se eo oF
ed on ro
aad othe
@ ray, wi
going th
wouid
slog, wil
& poodle
ghoat
@.0 Werte
breayhs

' hen.”

con:
the ee
the:
‘assue |
Ard |
witad
bow

exis
racy
batt!

r 3 ape whag pilrports tevde 2 deep: Jaid’ aod’
4 daring’ schenre: byt whieh the ‘pbulitionisté+

if the f
p who,
fen

Ee oe Tie

~ LAMCASTERVILLE,, 8.0.5. ‘from the country on Monday and’ ety: fair.”

a f We publiah-on: eur firat page the ae

3 | devoting o¢: much: of oat space to the pob-

‘ commercial: adtancement;:: ‘ands adopt other
* ayeléme. ore?” suited to: the: ‘ereametaneée
and” necessities of the | prosent.age::: Propet}
«, fed for?in community: adjoining“ our-own,.
every, ‘wordsoBiv ait ately re at (ore

>} and: ‘Which: affogle 1 a: foll-saluiton to: “alt that.
Sror sew’ ‘tMystysio ns.ig: the: late: ‘outbreak, ae
Jat. Harper's. Ferry Tenis
: hel! iahfand, dinbolical i ia ite: charscter, than
: even thie: mout suspecting - amoog: veat thest
‘} Bouth: have eterico ived.: the: ‘vilest of}
nef the: abalittea’ at the Nort capable: “of: entere}
at dainiieg., hs ed highty ineendiary1 in ‘ite pac fe remarig eae Sealant ‘hatin was
f ture, it might Le welt ‘for: Svuthero papers:
aul: to extend ite: pablicationy.: In: teference |

bots cats Vath legac
Fate 2 ee

WEDNESDAY MORNING, NOV. 9,. 1869. | business done of a public character, The!
Sheriff diaposed of thrre tracks of: aad’ ate
very good priees—the raakey;, Wolfe andi?
Oateo! lands, «Two tracts wae soit by the}
=| Commissioner in Equity: “The Draffia’ ‘tract?’
"| containing about 67 ‘poree, wan ‘bids off? at
aw We are requested: to state thas: oh ‘S775 per acre: » ‘The: tract), belonging: “104
Rev. J. N. Craig; (the: present’ Pastor.‘of| the: estate of: Seree!B. Hammond, dev'd:
the Presbyterian: .Charelt,}:. will. preach: 1 at ‘aboot, 1078 acies,, wan: beng, by

ves cee on Sabbath, the 20uh:, inats za s

wr: The sbaence: of: ther: Editot thie
week, will we trust, excuse the Teannees. of
our editorial: columas. Jan this iseue, ae

_——
~ Agricultural Addyeas.:
‘of the: Hon. 1D; M:: Barringer « of: North Car-
held.at Charlatte. -- We ask: ‘no apology for

[itatiog: oft oe an address: apon’™ such s 5

‘og some of ihe ald: fu

bling: blocks: to agricaltaral, jodastrial and [ d

Key, “to “the: Late: Rebellion: al

LWe: pave! seen: published iat ‘one! OF: (wo

proposed: ter emancipate lax ery at the South}

oes ‘scheme: “HVOF @:

toy is Abit Gthaztes Sebeisey ulakes: the

T foluwleg-very apie riate si ects

ee. Prancve: “fast SBI PON. alinvagh:
Brew n's esther ints an josurrection: has been’.
‘iil ye: ‘snd. abdrtive, the, -developmeata: are.
if pidiy. showing: Anat ‘ewidesupredd’ schemes,

itrevghout the South, A carefully concucs
piaa isp Bed the New York Hes
d published | in tke Loeb tend: Whig.:

‘the property: ‘of Alvin: Mansey,; whieh’ ‘we
| noticed in ocr last: issue; -apffered:, the e

olina, deliveted at: the Jate -Agricialtaral Fair treme. penalty: ‘of ‘the law: ‘on: Friday fas Fi
ft was generally: expected t thas a: ‘eonfeasion have: adtanced’ if

TO: ‘our. farming comaunity, it. give

‘prejudices: which: a us ae! oe ee livia
‘ereted Gpon the:

hs iets Poors tat item
Seer presi st: “Ale NeW sem:

Te pac inaluiiiyg. at this: NG: Ui fir insdrret ods ti :

caddrens: oe the

ok gota, “apgater of ca

~ Execurtp——We learn that Dag. a slaves:

of: the: crime would: ba’ had’om the-gailo wei,
< wOs: atapd:, that. ee

Oper te pee ye
t
al a.

ae ‘Pariaetgo. eae nearness ok 104

wae: Swaylayed’s ‘nid shot, he some. pereon; 64°’

‘ing "just abort. dusk. ret

ing | homeyriding-io hie boas his wifes y
and. at the discharge: Of the ‘gat shig: horses}
“took fri right p acd: ‘ranning ¢ oft aorme. distance:}:

: a i before hv coatd. be-. checked;.s 307 these gern bd see ee ‘
Fant! iaSambosh, wae s)fovred: sameeren rf Gi ? : hs ai

to meoke: bis. poe? ape re
“in thé back. part: of bins

raf, hist, reebvery, were: entertained, bub'we
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Slave DAN, hanged in Lancaster District, S. Ce, on November , 1859.

"SENTENCED TO BE HUNG. We alluded last week to a case of poisoning which had occurred in
the Northeastern section of our District, under peculaar and very aggravating circum-
stances. Amanda Massey, age thirteen years, the daughter of Alvin Massey, was taken
suddenly ill on Thursday night and died in a few moments. fhe body was interred the

next day; was taken up on Monday following and examined by a Coroner's jury. The jury
rendered a verdict to the effect that the deceased had died of poison. Suspicion rested
upon Dan, a slave of the said Massey, as having administered the poison. Dan was

arrested and brought to trial before a magistrate end freeholders on Friday following.
After two days investigation, the jury brought in a verdict of guilty and the negro was
sentenced to be hung on the first Friday in November next. He was convicted, we under-
stand, entirely upon circumstential evidence, but so connected and convincing were the
circumstances, thet the jury did not hesitate as to their verdict. +he acting Magistrate
upon the trial was W. P. Plyler, Esq. The prosecution was conducted by Major John D.
Wylie and the defence by W. A. Moore, Esqe The body was examined at the Coroner's in-
quest by Dr. Re E. Wylie who detected the character of the poison that did the whork of
death. It was a wegetable, and one that grows plentifully in the surrounding section.

The circumstances went to show that death was produced in less than fifteen minutes from
the time it was taken in the stomach. We steted lest week what was supposed to have

been the prisoner's motive for killing this girl; viz: to destroy with her the evidence of
a criminal intimacy which had previously subsisted between them. That such was his motive,
and also the fact of the previous intimacy, was confirmed by the investigation. It is with
reluctance that we allude again to this the most repulsive feature in the crime, and we
blush for that society that does not regard it as the most revolting evidence of human
guilt and degradation, and so proclaim its convictions by mesures to protect itself from

a reoccurrence of this foul blot upon its name." LANCASTER LEDGER, Lancaster, S. Ce,
September 1h, 1859

"EXECUTED - We learn that Dan, a slave, the property of Alvin Massey, which we noticed
in our last issue, suffered the extreme penalty of the lew on Friday last. It was

generally expected that a confession of the crime would be had on the gellows, but we

a See that there was none given." LANCASTER LEDGER, Lancasterville, S. C., Nov.
9, 1059.

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APPEALS

Metadata

Containers:: Box 35 (2-Documentation of Executions), Folder 11
Resource Type:: Document
Description:: Raymond Carney executed on 1954-05-07 in South Carolina (SC)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 26, 2019

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