South Carolina, H, J, 1809-1988, Undated

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HARRIS, Jim, black, hanged at Bennettsville, South Carolina, on 8-9-1901,

"(Special Dispatch to The Journal) Charlotte, N. Cok Feb. 2, 1900, = Amos Carter, a white
man from Fayetteville, N. C., who was superintending the work of a force of convicts at
Bennettesville, S. Ce, was killed a few days ago by one of the negro members of the gang,
who struck Carter on the head with an axe. Carter had some wokds with the convict, though
not of such a nature as to put him on his guard, and as he turned his head the negro dealt
him a fearful blow in the head, causing almost immediate death, Carter's body was taken
to Fayetteville for interment." JOURNAL, Atlanta, Georgia, Feb. 2l, 1900 ( 3/2.)

AIMPSON OWED JIM.
The latter, seeing there War & prospect of a
@iMealty, escaped from the groggery and sought
nafety in a grocery atore some distance of. He
had not been lund there when Lucas discovered
his whereabouls and soon made his uppearance,
end at once resumed (the quarrel) with horrible

oatha, the vilest epithets and threats of taking
Bimpeaon's life. TLncar was accompanied by a varty
of negroes, which nade him bolder and more de-
termined In bis menaces, At Uns juncture the
proprietors of the store, fearing a row, remon-
strated with both partics, and, not succceding ja
restoring harmony, had Lucas and his crowd
ejected from the houre by the police. Shortly
after this Simpxou leit the etore, feeble and atag-
gering from the continued influence of excitement
and pine-top whiskcy. He had just got fairly out
epon the sidewalk when he was violently assaulted
by Locas, who all the time had been lying in walt
for him. A brief but desperate struggle took
place, and some bystanders ran to the spot and
peparated the combatants, Alas! it was too late

’ to save poor Simpson. The infuriated black savage

hod
_ PLUNQED A BUTCHER'S ENIFE

fato the groin of his half-helpless victim, severing
the femoral artery, and in a few moments after
deing removed into the store he bled to death.
The assassin then-tried to escape, but the officers
ef the law promptly arrested him, Before taking.
him to prison Lucas war bronght into the room
where his victim lay, his life fast ebbing into
eternity, and as he lonked upon his bloody and
fiendish work be fairly gioated and exulted over it
in a manner that shocked the spectators and made
them boil with Inilignation. He expressed the
utmost and most diapolical satisfaction at the re-
gait of his murderoue deed, and swore the most
diaephemous oatha that he would do It — and
that he hoped the then dead Man was in hell.
MUCKPHY'S AS<ASRINATION BY HARRIS,

The second murder was, if sible, still more
atrocions than the first. Pat Murphy, the victitn,
was 8 gray-headed-old man of quiet and secluded
babitx, wand had been for a long time em-

yed by the Sortt Carolina Raftroud Company

y attend the prumpa at Hampton station,
six nilen below Co!tumbia. Tetng by, nature &
man of economical halnta, he was reported to have
awaseed a considerable amount of money, which
wun eupposed to be concealed in his fitt'e cottage
mear the station. In this cottage he had lived his |
retired Hfe for many years, uolll on the Gtal Sun- |

@ay morning before Curiatmas be was found by |
sowwe railruad hands

——— DEAD IN THE ROAD,
a few steps from the door of his hambie Awelling.
Tia skull was brocen and crushed in and bte body
bore marks of heavy biowa, Near the a was
found a tarve hickory club, with which the blows
were doubtless tafticted, The marderera had evt-
dentir met with no cowarfly and willing victim,
for the red ‘lood il, "hw og y'a hatchet and the
patches of his grav bairs found upan the floor
plainiy showed that the old man had made a brave
and detenoined light, and that bis strucgies had
only ented with his life, The attack had evi-
Gently takep pluce jn the cottage, and the blood
found upen the steps proved that the brave old
man bad been dragy «i
<1, WHILK RESISTING,
oat into the yard. His watch and ® emall amount
Of wones only were taken, as Murphy had not been
pel’ of for some time. The pay train had passed
on the preceding evening, and no doubt this
Mi ag led the murderess to expect Ix
pn . The poor old inan was thos rothlessly
prived of life for the sake of a few dollars
Kuepicion at once pointed to three negroce, Rill
Jenkins, Ruther Johnson aad Ned Harris, trom their
irange conluct the night preceding and the day
the murder waa discovered. Very soon fear
seen. cid to take posacasion of Rill Jenkins and he
quicts seeareey sought rafety in fight. His
ight only deepened the sarpicion against Johnaon
and Ned Harrix..and they were arrested and -con-
wicted by a chalp of circumstantial but :
IRRESISTIBLE BVIDESCE |

before a jury of thetr countrymen. Jentina and

Johnson were employed br a Mr. Sims
wood to the rallrua:) at Rampwn aden. te tho

ewployment of Mr. Sims Were wiso an ol! Dezro
named Hope. and a young negro tad, and it was

‘mpou the evidence of these twp that Johnson and ;

arris weie couvicted.. Ned Flarris lived here te

Columbia, and wan observed ty the negto lad }

spoken of aove ip earnest conversation with Jen-
Kins and Johnson the evening before the marder. ‘
The three murdere “old i
the negro tad in the wouds, and re ve

wpor the ccovomaion of the terrible deed, which
br proceeded tu carry iat. apeedy execution

FATAL NIGHT.

Pes 93 the conversation Hartis left, aml Jeakias
neon, Hups and the pegro led all went to

tm the shanty which they to common occupied, °

alan came back to tfs city and was soon
towed by Johnson. As soon as it was discovered

tmat Jenkins had gone Harris and Johnson were |

aan Harris explained the biood of his
; aby Saying he hud had a Sight tn Columbia,
be cou'd not produce the name of his antago

meat Nor of any person wo liad seen him after late’

Saturday atternona. Juhnson tried to
prove an
etn by Baylig (hat be speyt the might pt the boupe J

aon
mo

HAnnls,. Ned,

black, hanged

Columbia,

muck HURDERERS.BXECOTED.

—>

Two Atrocions Aeckpaiie Hanged
at ‘Columbia, 8. C

i ro

BILL LUCA SAND NED HARRIS.

ie ee ner meee =

neste of Their Career and
% Bloody Crimes. - ..

A Re nen ne

Simpson and Murphy Butchered for
‘= Revenge and Plonder.

Interviews with the Cone
denned.

BOENES BEFORE THE ohtLows.
Police and Military Called Upon
Ng Maintain Order.

he Qe eee

THE ‘LEGAL TORTURE.

12 Se

The Culprits Strangled to Death After Ten

Minutes of Horrible Strogeling. ‘

3C 8-30-1872,

Courwora, S. . Auguet 30, 1872.

Contrary tothe general opiveun expresacd here,
tee two murderers, BI Lucas and Ned Harris, suf.
fered the extremne penalty at this place to-day. It
fa truc thutto have commuted tne sntences of

4 these two men the Governor would have practically
tarped Joose upon the community a brace of the
worst vililuns that ever cursed civilization. There
was not areieeming circams«tance in their favor,
gave that they were black; not an incident of their.
@areer that could appeal to Executive clemency,
gave that some of their friends might he deterred
from voting for a personal favorite of the Governor
So a mere local election. Lucas, by bis violont and
Dbiondthiraty disposition, had succecded in gaining
for himself the upenviable cognomans of '‘despe-
rado, thiefand har,’ and he was generally éhunued
by the respectable portion of his own race. The
brief rixuny’ of their crimes ia as follows .—

THER LUCAS MURDER.

The victim of whose foul mardéer he is gullty was
aabople laborer pamed John Almpson, am employé.
ofthe Charlotte, Columbia aod Augusga Rallruad
Company, 80 inoffensive and harmics# as to com-
mand the respect abd cstecm of all bia neighbors.
On the night of the 1th of April last Bimpson was
érimking at one of the maby small rumsbops pear
the depot of the railroad in whose employment he

waa, and unfortnnately for~him he became greatly
intoxicated. It was Saturday night, g

men generally enjoy themacivea after their week's
tol before going home to their famiiies. Lucas,
twp, was excited by the vile, polsobous fuld, but
was not drunk. Abont ten o'clock the mardcrer
and his victim met io the groggcry, and a quarrel
took place, which-was provoked allogether by.
Loeas, about an insignificant quantity of powder
and shot which Lucas claimed ~

gnuted his sentence to imprisosment ser thle.
WHY THK RXSCUTIONN WKRE WOT BIPRCTED.

It was currently believed, aad the betel was
founded on the strongest reasons, that the t
condemned men were reapited from the 16th |
till to-day, because two P nl igate: political com-

ventions, in which the pb h maforities,
were about to be held, and 3¢ w
effect of the execution of one of the n
have been disastroun te ail candida whose
oficial position could possibly have pre ted it.
The conventions over, however, it became & 870t)
fact then im the minds of the darkies that the two
criminals would sufer the extreme penalty of the
law. Ast beard one remark, “Dare no chance for
Bill Laicas und Ned Harris now, case de Gubner and
Kheriff Frasee were not nominated again, apd dey
hain't got uo more use fora sigger now den at |
hai for a dog.” . Every attempt to evoke Execntiv
clemency a xecond time having faited, I Lavin the
two con iemued men in their cella yesterday! even-
ing ia company with Chief of Police Jackson. Lacas
was sitting tallortike In the Centre of his cell,

" “~PRAVILY IkKONED A¥D CHAINED
to the floor, this precaution bejng necessary owing
to Iris desperate character, He was nearly oix feet

high, powerfully butit, thirty-five years of age, With.

&@ physical and Muscular development that told of
immense atrength. ‘The contour of his head showed
@ genuine African, the forehead retreating, the
hair and cyehwows kinky and bushy, the nose wide,
thongh not fat, and the Itipa thick; but there was
in the expression of his features a singular com-
pete! og Of savage ferocity aud semi-civilized vul-
ny. :
CORRESPONDENT—Tlow are you, Lucas f
Lccas—I'm well, sah. ;
_ ComnesPorpEent—Are you prepared to meet your
fate to-morrow ? . :
, LUCas—Well, dat's mobody's business but mine.
* “CORKESPONDEST—H pw old are you, Bul f .
‘Lreas—I dunno, 6ad, and not knowing woulda’t
like tosay. . eee ‘
CORREXPONDENT—You ackBowledge your sen-
tence was just ? i ;
Lrcas—No, sah! I don’t,
CORKESPONDENT—Why don't you ?
Lucas—Hecause I am black. If I was white I
wouldn't be here. | : :
CORRESPONDRAT—FPat you have a republican
Sheriff and republican court officers; you certainly
have had a tafr chance ? a
LUcas—No, sah! Dey are repabdticans for as
‘much as dey can put in dere pockets, and dats
about all; : .

ord

: BUT DERE’S XO JUSTICE

for de enlind man. | :
CORRESPONDENT—You will certainly admit you

killed Simpson ?
Lucas—Yes, sah; but I bad occasion; and if you

had been in my place you would have done the

same.
Lucas langhed, or rather worked his features
into a hideous, sardonic grin, and rocked himself

to and fro with a savage air of defiance as he spoke..

When nentenced he curacd the Judge in tue court
room, and said, “Why in the hell don’t you hang
me next eer , instead of waiting so long f’ und
he still | talned this bravado demeanor to the
last, :

sn en

x NRO HARRI, — ss
the murderer of Pat Murphy, I found in the passage

. Outatde of his cell. He is the very apposite of

Lucas In appearance, being Jowin xtature, stont.
but fcevle in strength; meck in his manners aud
addreas, but with an expression of features repul-
alive inthe extreme. . ‘
Meera agienci tye you prepared to mect your
e : me
Nep—Well, ne doing best I can. sre
CongrxronnpentT—is your sentence just? , = 5
Nrv—No, sah! It ts not : ; ead
. CORRESPONDENT—Why not? a
|. Nep—Because J was six miles from de place
whar de man was killed and when it happened.
| CORRFSTONDENT—Why did you not prove that?
-Nep—Thes would not let me; a nigger has no
show in the Courts.
CokiitaruNDEyT—Do you’ know who Killed
Nepv—No, sah! J don’t know who killed him, sor
I never seed him in my life,
Towards the close of oar brief conversation Ned
became somewhat excited, and his otherwise dull
7: flashed wildly as he pondered over his case and
terrible injustice which he alleges has been

*dGone him, :
BOTH OF THESE MEN
are known to be atrocious murderers, Lucas ed-

witting that he Killed two men In the same manner
: t they claim-that
justice hea not. been done them ase they are |

negrocs. Their idea of justice is that, having the |

control of the State government and the Courts,
they should be allowed to commit crime with im-
punity, and, indeed, thin idea has been greatly
strengthened and encouraged by the partial course
of justice and the almost 6 ted exercise of the
pardontng power. | : :

The scaffold was erected in the jail vard, and was
exposed to the public view. It was barbarously
cat and trim, and of such limited proportions as
to ensure successful strangulation. 0 uprighta,
eight feet apart,on which rest a cross. beam only
tweive feet high, and a double grap which parted in
the centre and yee, the right and left, com-

jeted the structure, {s drop or trap wus not six
eet high, and therefore removed all apprehensions
ifany were {oduige..in ofa broken heck, Strangu-
lation of criminals for capi:ai offencer seems to be
Ne yoga in the South, and they always succeed.
fv) Yes rae °

’ Wil 5 *
lie, black, elec C
: » 3C (Lancast
caster) 8/.
) 8/27/1954.

osu ee .

\Wayden Will .|
W Wie In Death.

4 e a e

Chair | riday |
Wille Htayden, an-year-old
\ Panenster Nero, convicted of

S\the PATTY MLL alayinst of on.

yjwhite prisoner at the Lance’:

\\ter eoundy chainanks will,

a er ju Ale sae pehsun Sef
‘Vtrie char {omorrow morning |

; piayden wits moved frown hin cells
da the sofia e* penitentiary Monday.
Aust gs to thie death house WW
preparntion for hts electrocutlgy
without much to any”, & prison
officlial gald.

W\s only personal possessions
were the clothes he wore, & pipe. #
tin of tobacco wid & handkerehtet
Te wis given i pibie and told to

emherllf coyd ye. Wiliams aula
this mornin thait 17 persons from
Lancaster county, yncdudine the
coroner and probute judKe, will KO
to Columbie tomorrow to witness
(lie elec trocullon, nlone with &
number of olTieers {ny uniform,

inyden Wis convicted wlonk
will Wiliiai paws Taner” Me-
Dow, who committed sueide {no hits
prison cull last June

Hyde Wis convicted here June
oa du pare nster County Criminal
Comb for the axe alny lnk of Mur-
dack Jolson, uo, white c}ouadty-
yA prisoner who Wis to be bee
lensed thoee uays ufter the ply:
{ne last Mare.

Voavelent hrnvel tx months to serve
on pe-yeur pagaler avnilenee
when he wis found willy nftet
the jury deliberated Jess that ify
hour, A motion {or #4 new tial
Wis denied DY Judge Joseph Moss.

Hayden had been # resident of
the penitentiary: s “denth row"
since shovlly after the Killin. ris
partner tn the erime, Mrcbow. Win
found qn hits one -nin ecll strane:
ca ten days pefore the trinh ber
wal.

-_—— icone emer ort

64 H ° SHERIFF OF THE LOW COUNTRY

“If they catch him, or even someone they think is him, there’s going
to be trouble,” he said. . ) bg

I left town immediately, heading for Hardeeville as quickly as m
car would carry me. I knew the way mobs reacted, and this one could
well terrorize the county if the people weren’t stopped before they got
too worked up. I’d left word for a deputy to follow me, and just as I
was leaving town I saw a huge crowd assembled. The first thought
that entered my mind was that Beaufort County had had its first
lynching. I stopped and a delegation from the mob informed me of
the facts and their intent.

Before me were about thirty men carrying rifles, shotguns pitch-
forks and clubs, gathered around a colored man who was én his knees
crying and protesting his innocence. A disheveled white woman was
dancing around the edges of the mob, pointing at the terrified man and
shouting, “That’s him! That's the man! I’d know him anywhere!”

Several men were questioning the accused, and one of them had a
coil of rope hanging from his hands.

The spokesman of the delegation explained that they had caught
the man and that even though they liked and respected me, they ene
going to deal with this case themselves. The accused had seen me by
this time, and was begging me to save his life. ] had often wondered
what I’d do if I was ever forced with a mob, and it was clear, there in
the road, that by the end of the day I’d know. :

My pistol seetned to grow smaller in its holster, and I knew that
it would take more than a few bullets to save the victim ip this
situation.

“You say you respect me and don’t want trouble with the law,”
I yelled. “Well, if you think you're going to take the law into your
own hands before I talk to this man, you’ve got trouble! You better
start on me first, because I’m going to cause one or two of you bad
trouble before you touch that man, and by then my help will be here.”

: After a quick conference the group agreed to let me talk to him.
T hey made it plain that he was guilty because of the positive identifi-
cation the woman had made, but they wanted me to satisfy myself

I told the accused that he’d better tell me the truth—any lie he
told would surely be his last. He said that he’d been sweeping out the
office of his employer, a Mr. Phillips, at the time the crime sis com-
mitted, over two miles from the scene of the offense.

The woman claimed that the man attacked her in her home. holding
a knife at her throat while he assaulted her. The husband arrived
to scare him off, but didn’t get a good look at the culprit as he dove
through the bedroom window. All he was sure of was that the rapist

e
7 \ ” * —

MURDER a 65

was wearing a coat. The accused man was not wearing a coat when
they picked him up on the highway. No one had thought of checking
the man’s alibi with his employer, since the woman had been so sure
in pointing her finger.

I explained that if they decided to take the responsibility of being
judge and jury, I would see that the full consequence of the law was
brought to bear on each and every one of them, and also made them
realize that if they acted, and were wrong, the real criminal would
escape forever.

This brought another conference, and it was grudgingly decided
that they would allow me to take the man to his employer to check
his alibi. Two of the mob rode in the car with us, and the rest fol-
lowed immediately behind as if they were sure we had some trick in
store to rob them of the “justice” they sought.

When the crowd pulled up in front of the store Phillips came out,
and before we could explain our presence, asked his employee what
he had done.

“You've only been gone a couple of hours,” he said, amazed at the
crowd that his meek employee had managed to raise.

That opening statement was enough to clear our “suspect” beyond
any doubt. His alibi was nothing but the truth, and the crowd looked
to each other, trying to figure out their next move. I took over then,
really letting them know what they’d proposed to do to an innocent
man in their distorted efforts at obtaining their misguided justice. |
I sent them home, hopefully better equipped to reason intelligently in
the face of the next crisis they would meet.

At the scene of the crime I questioned the wife and her husband,
and got her to admit that it was dark and she could have been mis-
taken. I reminded her of the seriousness of her offense and hoped she
realized that she’d almost been the cause of a tragedy that would have
disgraced the entire county as well as killed an innocent man.

After looking around the house it was obvious that a man had fled
through the window as the woman had claimed. A box had been
placed over his footprint to protect it, and we soon discovered that
our suspect wore size 12 shoes, much larger than the footwear worn
by our previous prisoner.

My deputies and I began a local census to discover if any young
men were missing or on extended absences from their homes. We
were soon on the trail of one who seemed to be a good suspect. He’d
suddenly decided to buy a bus ticket to Sumter, S. C., and had left on
his hasty trip without any reason for leaving. We found some letters

62 H SHERIFF OF THE LOW COUNTRY

boy and the villain during the questioning and showed no mercy as I
applied all the pressure I had at my command. If this man had a
confession to make, I planned to get it.

He named several witnesses who could prove where he was on the
night of the alleged crime, and as soon as we had their names we
brought them in and held them isolated from the prisoner until we
could question them separately. They all told the same story and pro-
vided a perfect alibi for the accused. There was no evidence of collab-
oration between them, and their story wasn’t elaborate. but simple and
very convincing.

I tried every subterfuge of interrogation I knew, short of violence
and questioned him until he reached the point where he would have

confessed to anything just to get me off his back. Finishing with him
I called Sheriff Spivey.

Sheriff,” I said, “I don’t care what she says or how positive she is
that he did it, he’s not the one. My questioning has proved that to me

and there are several witnesses who can swear to where he was the
night of the crime.”

But Sheriff Spivey held him on a warrant of rape, to be tried by
Solicitor Murdaugh in Jasper County. The sheriff was going to pre-
sent the accused on the woman’s positive identification, and it would
be up to the witnesses to convince the jury that her testimony was

false. He said that he too doubted her story, but had to act on her
complaint until the truth came out.

The courthous s : yery
ee e was packed. Everyone entering the courtroom was
examined for weapons. The accused was arraigned, and during the

roceedings th s i i i
p g c husband lunged at him, screaming, “I’ll kill you, you
son of a bitch!

The wife len ings ing int i
Petes ent drama to the proceedings by going into hysterics. I
winced as I watched the proceedings and performances, knowing that
it was almost impossible for an acquittal or even a lenient sentence at
this rate. Sure enough, the man received the death sentence.

All this took place during 1943, and shortly thereafter I was called
to active duty in the Coast Guard Beach Patrol, and was given a
leave of absence from my job as sheriff for the duration of World
War II. One evening as I was resting in my quarters in North
Charleston the phone rang. Solicitor Murdaugh was calling to say
that the execution had been set for the following morning. He asked
me again if I thought the man was guilty. :

“Solicitor.” ; ;
olicitor aid, “z rill die i

ee , I said, an innocent man will die if you don’t stop that
execution. I’m as guilty of raping her as he is.”

v , -

‘MURDER ~ ~

“T have great respect for your judgment, Sheriff,” he said. Pll stop
it tonight if I have to drive to Columbia to see the governor.”

The morning paper brought the news that Murdaugh had pre-
vailed and the governor had commuted the prisoner’s sentence to life
imprisonment. ,

In 1945 the same woman cried rape again. Every circumstance was
the same, but Solicitor Murdaugh was there to make sure that the
same travesty on the law wasn’t repeated. The woman admitted that
she had falsely accused the two men of rape because she was dissatis-
fied with her living conditions and wanted to move, but her husband
had refused. She stated that her wounds were all self-inflicted, with
the point of a can opener. She was subsequently examined by a psy-
chiatrist and found to be extremely unstable.

The unfortunate victim of her deception was released from prison
and compensated for his incarceration. But no amount of money could
ever eradicate the horrors that he must have endured, awaiting the
executioner on death row. And it all happened just because a woman
wanted to change her place of residence.

Very little effort on the part of the officers is required to prove a
bona fide rape case, but it takes tremendous effort and endless hours to
disprove a trumped up case that is based on an ulterior motive. White
women have cried rape at colored men for many reasons during the
years I served as sheriff, but not once did I have a case involving a
negro woman and a white man.

Another strata of my society also gave me little trouble with rape
cases, this being the upper class white citizens. Rape cases that took
place involving these people never came to light, simply because they
took place between two individuals of the same level of society, indivi-
duals who chose to use personal recrimination and apology to settle
their disputes rather than enter into the public eye with all the inti-
mate, personal testimony that a rape case engenders. The unpleasant
stigma of a rape trial was something to be avoided at all costs, and in
most cases it was.

It is usually the frustrated female in a lower strata of sociey who
uses rape as an acceptable weapon. To her the stigma of rape is worth

bearing in order to solve other problems that seem more important to

her.

A case of mistaken identification can prove more serious than even.
a trumped up case, if a crime was actually committed. Once a Hardee-
ville policeman called me to report that there had been an interracial
rape committed, and also to warn me that the entire countryside was
looking for the rapist. His voice was urgent and worried.

sib Sie

I cae ak ie ter ttn

Ee Ct Net ee Lee he ane es Coe ieee

RRR GRR A REN

Re ee geek, Se a

408 8.0.

presence of the petit jury trying the case”
then being heard against the defendant. The
defendant was convicted, and on appeal this
court, in reversing the judgment, said:
“There can be no doubt that the effect was
to get before the trial jury the very fact
which had been excluded as admissible evi-
dence.” However, the decision in that case,
if sound, is not controlling in the case at
bar. The appellants here, at the time the
indictment in the murder case was handed
out, had not been put on trial; and no ques-
tion was asked during the progress of the
trial, so far as the record shows, as to wheth-
er any such indictment was pending against
the defendants. Furthermore, it does not ap-
pear that counsel for appellants, upon the
call of the case, made any effort‘to determine
whether any member of the petit jury pres-
ent was prejudiced on account of the facts
stated. While the trial judge should be care-
ful to protect the rights of defendants on
trial charged with crime, we sce no error
in the present case in the court’s reeciving
the report of the grand jury upon the indict-
ment charging murder, at the time and in the
manner it was received.

[8] There was no error, as complained of,
in the failure of the trial judge to tell the
jury what sentence under the law he could
give the appellants if they were convicted
of the offenses charged in the indictment.
While this is usually done, and properly so,
where the charge made is of a serious na-
ture and the punishment is severe, we know
of no law, and none has been cited us, re-
quiring the presiding judge to do so. If ap-
pellants’ counsel desired this to be done,
they should have made it known to the trial
judge by proper request. Ilowever, as the
record shows, not only did théy not do so,
but at the close of the general charge, when
asked by the court if there was anything he
had left out, replied: “No, sir. Your Honor
has covered it.”

[9,10] The appellants also complain of the
court’s refusal to charge their first request,
as follows: “Although the testimony of a
coconspirator is always admissible, it must
be scrutinized with eare. And although this
is not a positive rule of law, yet juries are
generally cautioned that there ought not to be
a conviction on such testimony without cor-
roboration, and the corroboration must come
from other evidence in the case aside from
the testimony of other coconspirators. The
weight to be attached to such evidence is for
the jury alone who must consider it in view
of the other evidence and reach their conclu-
sion on a view of the whole case.”

To have charged the request would have
been in effect to instruct the jury that they
ought not to convict on the uncorroborated
testimony of an accomplice, and that such
corroboration should come from other evi-

166 SOUTH BASTERN REPORTER

dence in the.case and not from the testimony
of other coconspirators. This would have
been a charge on the facts in violation of
section 26 of article 5 of the Constitution,
which declares that “judges shall not charge
juries in respect to matters of fact, but shall
declare the law.” See State v. Clark, 85 S.
C. 273, 67 S. E. 300; State v. Sowell, 85 S.
C, 278, 67 S. E. 316. The law with regard to
the testimony of an accomplice is the same as
to the testimony of any other witness in the
case. State vy. Weldon, 89 S. C. 308, 71 S. BE.
828,

{11,12] The defendant McAdams, as stated
by counsel for appellants, appealed only
from the sentence of the court. This de-
fendant was convicted, as we have already
indicated, on the first count in the indict-
ment and on the second count of simple as-
sault and battery, and was sentenced to im-
prisonment for five years. Jlis contention is
that he was tried under section 1380 of the
Code of 1932, which provides that all persons
convicted of the offense created by that sec-
tion shall be deemed guilty of a felony and
shall “be fined not less than one hundred
dollars or more than two thousand dollars,
or be imprisoned not less than six months or
more than three years, or both, at the discre-
tion of the court; and shall thereafter be in-
eligible to, and disabled from, holding any
office of honor, trust, or profit in this State.”

It is to be observed that the offense created
by section 1380 is purely a statutory one
intended to protect citizens in their civil and
political rights; this section does not abro-
gate the law of conspiracy in this state and
has no reference whatever to conspiracy to
commit offenses punishable at common law.
See State v. Ameker, supra. In the case at
bar, it is clear that the first count in the in-
dictment, on which McAdams was found
guilty, charged the common-law offense of con-
spiracy. The contention, therefore, that the
court committed error in giving him a sentence
exceeding three years and one month is
without merit. The trial judge, in the ex-
ercise of his discretion, could properly im-
pose a sentence of five years. See section
1034 of the Code of 1932.

{13] The appellants say by their sixth ex-
eeption that “his Honor erred in not grant-
‘ing defendants’ motion for a new trial on the
grounds set out in the foregoing exceptions.”
The question raised is not properly before
this court, as the grounds of the motion are
not set out in the record of the case. We
have considered the exception, however, and
find it to be without merit

The judgment of the circuit court is af-
firmed.

BLEASBE, O. J., CARTER and BONHAM,
JJ., and W. 0. COTHRAN, A. A. J,, concur.

«.

PRICE v. BEFHRA 8. 0. 409
166 S.E,

STATE v. HOWELL.

No. 13508.
Supreme Court of South Carolina.
7 Nov. 9, 1932.

Criminal law €=923(4).

Motion for new trial because juror was
related to defendant held properly denied,
where defendant knew at time of trial that
his wife was first cousin of juror's wife and
juror was not prejudiced.

Appeal from General Sessions Cireult Court
of Sumter County; W. H. Townsend, Judge.

O. E. S. Howell was convicted of murder,
and, from an order denying his motion for a
new trial, he appeals.

Affirmed.

The order of Judge Townsend, referred to
in the opinion, follows:

After considering the case very carefully, I
find that the juror, S. G. Windham, was &
competent juror, and the objection that is
made to him in the affidavit cannot be sus-
tained. So far as the relationship is con-
cerned, the aflidavit does not state that Mr.
Windham is related by aflinity or by blood to
the defendant, Howell. The fact does appear
that his wife was related by affinity to How-
ell, that is, that the first cousin of the wife of
Windham married Howell, but that would not
make Howell related to Windham. So that,
when Mr. Windham was asked on his exam-
ination of voir dire on the trial before me
whether he was related by blood or marriage
to the defendant, Howell, his answer that he
was not related was true.

Now the next ‘question is, Was he indiffer-
ent or was he prejudiced against Howell,
when he sat on the jury at the trial in Feb
tuary? The examination at that time satis-
fied me he was indifferent and not prejudiced
one way or the other. The objection which
Mr. Howell now undertakes to make was @
matter which was within the knowledge of
Howell at the time of the trial, and to grant
him a new trial merely because he now comes
into court and swears he did not recall Wind-
ham's relationship to Miss Evans would en-
danger the administration of justice in this
state. Of course, what was in Howell's mind
at the time of the trial is something as to
which others cannot speak, except as the cir-
cumstances of the case throw light upon it.
I do not think the defendant has made such a
showing upon the motion before me as would
justify me in setting aside the Judgment and
granting a new trial. I am satisfied that the
motion must be refused, and I therefore or-
dered that the motion for a new trial be and
is hereby refused, and’ motion dismissed.

It is ordered that the above-entitled mo
tion be and is hereby refused, for the reasons
stated by me to the stenographer whose notes
on the hearing before me will be transcribed
and filed with the clerk of court.

A. L. King, of Columbia, for appellant.

Frank A. McIcod, Sol., of Sumter, and R.
M. Jefferies, of Walterboro, for the State.

W..C. COTHRAN, A. A. J.

After a conviction of murder and sentence
to death, the appellant herein moved before
the circuit court for a new trial upon after
discovered evidence. His motion was refused,
and this appeal is from the order of refusal.

The ground upon which the motion was
made was that a juror, 8S. G. Windham, was
related to the appellant by affinity, and also
that the juror was prejudiced against him.
At the hearing of the motion, the juror was
examined in open court, and after this exam-
ination and the reading of certain affidavits
the circuit judge refused to grant the motion.

A complete history of this most mystifying
ease is set forth in the former appeal to this
court, as found in 162 S. C. 394, 160 S. E. 742.
The very nature of this case in all aspects
has caused this court to lend a most patient
ear to the petition of the appellant on two oc-
casions, but we can find no error in the rul-
ing of the circuit judge, whose order and rea-
sons therefor will be reported.

It is the judgment of this court that the or-
der of the circuit court refusing the motion
for a new trial be, and the same is hereby, af-
firmed.

BLEASB, C. J., and STABLER, CARTER,
and BONHAM, JJ., concur.

PRICE v. BETHEA.
Nos 13506.

Supreme Court of South Carolina.
Nov. 4, 1932.

1. Frauds, statute of C>17.
Wherever promisor’s main purpose is
not to answer for another but to subserve

Qo ° v7

peynooroetea ‘°

(t94uUMNE ) eUTTOTeED yuynog

®
©)

some purpose of his own, promise is not with- e

in: statute although it may be in form prom-

ise to pay another’s debt (Code 1932, § 7044). O*T
2. Frauds, statute of €=33(1). “~

Tobacco warehouse employee’s oral prom-

ise to bear half of loss warehouseman might }~
sustain by re-employing discharged em-\Q
ployee, held admissible and not within stat-\_)j
ute where re-employment meant greater com- f\)

missions for promisor (Code 1932, § T7044). «

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

166 S.E.—26%

Ha 8
a ;
t
-
©

~~
he
“

SCriw ok &

sub tu Aebassoe bb Wvoes Kaew heat arcadia

waa WAY, Grinecg

Ty de il] at Choaals P from fi » and
sah: Y tn ill Wee aan enter meee 3
% ain hide id he ze “Gorey for taking.
co saa Gatalidt pe that wil be. paid UCxt month,

tee ee t? fore "an one fhliing for each Tore.
in and marine.~
aid that a ¢driows marble ‘bdft of Lord ‘Chet shnice

t guing to be Up in the ‘Temple of Wortblen at
Buckinghamth an P ‘.

aro informed’ chat all the old treaties of cOminerte
save from time lo time been made between Grent-
and Portugal, ‘within thefe hundred yeard Patt, dre
der the confideration of an honorable bo te Or-
rame one mote beneficial do Enyland., :
4 8.
ar gave an am fiegest Cideialitcains at his’ ‘Iddt ¢
¢, to fome bf she are ig ag ban when 4 ate
ras drefied) ‘which weigh :
Churchill 49 gone to Franc.) tere hy Is to meet My,
at Boulo ne,
ee yyrerdey witsing hi: Grace the Dake of
hire and ‘bis, retin od embarked at. Dever for France,
#39. \Yeterday evoing, bqtween Ax and eb
lhed at bis houfe i. Clapbaw, ima very advanc Te
a Barnard, kyt., foe ting father of thie city.
he ochce of Lord Mayvs inthe yew tyy 3708
dthe che ia Pere many years. "Tig: ati
ctemipt the’ charadter of 2 mam who has been fo long,
aQly, ripe and reverred . by pyery, ope, throughout
dom pag SEF : Woo
Ai Monday ‘ten the day ah At for.the eledtion
g. nt Pots ails large Bild-coog amb when ith

sd, from several concurring cittyh aarp
ts from Poland, that Count Pod thaw

t been computed by thofe ‘whd ie witag
idign affairs, that by cram hid ‘the trade w ithe
diyim America, we have pee cane fa fe ters da

of 100,000 hard pifoles; ' af w aria

Gid orJers have been di(parched In thé taf teaifl for
i. Indbesy Co remove ever impediment In the way ‘of
‘tween the Spknlards'and his Majetty’s'American fab.
4 to declare the neutral iflands Facets [rte 5
Majelty has beep pleafed sto appataty a. Wilkins,
Lajot inthe Goch, fe mapa ah,
by 3ig Jeffery: Amhert, in we OOM oF dejor Who.
‘out laf night for

ng feamen, and that three pablick honfes in Wap-
te cagaged as bic ga to the officers ee
fervicg. gem

jt. Every knows, that when poopltas
of Other p ats body know they are oblived oi in
mes} syobien lately hhd ‘eecudolt 2 Bly ah

of the number of Enptthmeg daly at Cal shes
a of. the peace, and ho dei cs to up

the Marsbe Browdei - halk ‘in Ie fq sihiient
we have fen i} affe in fome foreign Gazectes,
Y thing was In readinefs here fog. the march of a
so pesie trossdicbs ti avter boty ok leben
$ qv roa
Th gro eek cabal lpm sia thete donde,
think of nochin

ying the freite of the

ree 80 the’ Sop ant ae 9 t0 his fubjects.
t.. This day at noon an exp an arrived with advice
Reyal Highaefe the Doke of Yerk landed this mor-
Dover, from his travels in foreign parts..

‘aid chac the lat hand has been put to the prarriage er
etweea his Serene Highaefe the reigning Deke of
tbargh Strelics, and Ab ri Mh the Pin.
dite Anne, af Englagd; and rene si ay
te | +

An this province, as will, we bope, -

Lak wech hie Reyat Highnefs the Duke of |

3332 MiGse Lidw OC:

' Prince G

tler samed Beanofeld near Long-Canet, mentioned id thm
piper of 33d May laf.
¢ difputes in eeesenyeiys eer a change of their co
ssa from ‘ Erepits ial ag aroyal government run high.
an ever, aad, a3 fach matters, thefe are

good tf aad true Phewke ot tha thelr couat ry on bo hides of
the’ quelion.

The {now Bagley James Hutton mater, that failed frasa thte
port s2d “Avgut Ief for Antigua, with a’ ty lucpdeg

4 ' ° a

A Bee ad Pee aitace Abas

hab Agee a ce in this province, i }:

do mo& unfeirned partici iv the i
leafure which your Frreiles Bos ceincitt? |

feel, ih thdiny that yder honourable and i portance fervices :
‘hdve attradled the tage notice of our mga gracious f-
Vereign,
We have a very grateful, fenfe of his Majety’ 8 Rrcnsahts .
attention to our interefts, in givin .08 & governor, fo cml.

mently qualified, and & well’ dif ed, to: ‘phan indullry, i!
_and at trade, t | f

Aod we affure your Excellency,
with all his

'
that we ‘thall Radioudy ] i. rit
Majehy’s other fubjctig any]
er yoar Exceliendy a
Pe as ;
sctpediully, Sir, af)
Quebec, Auguh Year woh obcaient,. seid H 1 |

» 1764. Mefl bimble forvonts,
Tey Ich his Excellency, aed to ore the Balen ing
; Ao ‘WS ; st
Géntlemen, " , a

ade w my beart a bend fies obli , ‘ 1 4 ett
we dioh fen te chltivath a good a Sari hele oe dle | | |

Sao A moh pleafory to met’? Ail cif bebaviowr face 1 Bit ot A
couatry bas been anmexed te bis Maje y's dominions, imtitles thee
te WON, anid weft wabd y¥et yi at! dd, thes hb Aindtio 1) A
oad “pred maple. pr sats hile “ Vf it x
ts foals be no Aas we Weed Gee ifrons to pro KS
mots the are of this provinces bbe 4 meet of itt commences.

al tar amyl of com, bee tee Taeee e tho nyt

oa. AY.} ,
ower, Pas ‘We base the Iepiflature of Pen

Ivania have lald a very high duty on al Roee impotieg
invo that phovince. :

On Wednefday 17th paft the courtof General Befion: fdr
an were executed purfeant to thei fentesce, The Indias Nj
had four interpreters at his trials he was ong of thofe taken
by Salloé or the Youn f Warrlo of E&atde ta the Cherbkees, |
and by bim delivered to the commanding officer of Fort
@5 he was convided of having murdered 0 ket.

cultivate fuch a harmon

the h wit py, create ofa
aye the hows tobe, Don

ow all occn

—m &

aid rovince began, whea the Honourable Charles shinner,
‘hi¢f Juttice, with Robert Priagle, Efq. adiftant judeg
porate by the ‘officers and mrinifters of the coert, the rrang
and petic jurors, &c. went from the State-hoefe eA proce fit.
on to St7Phillp’s church, and heard « fermon preached o9
the occafion by the Rev. Mr. Wilton's and being returned ~~
his hondwr delivered his pee to thy grand jury. Ob
Monday evening 22d, the gran iy returned their prefent~
ments and were difcharged, having found thirty three biile
of indi€ment and thrown aattwenty. The petit jury were
difeharg ed on Tucfday the 33d, ath found
Hu hea, and Wholapawidzic, alias Evil-doer, alias a Cree
Indtan uilty of Mer&r ; Jothea Gim, James Wright, Ca
tharine Cam dell, ‘Sarah Kelly, and Kleapor Kelly,‘of Pont
Larceny add alfo verdicts:om 'fome {adlineats for Afaclis,
‘The coart my stp to Wednefday s4th, when Solomod
Hughes was fentenced to be hanged on be apie sth,
The court adjourned #+ die ia dian, to Motday gth,. whee
Wholanawhd zie, received feutence to be han s the yf.
The court thea adjoumed sohoclety eye 1h inR.when Lente
was palletl upon the other againtt whdm verdias ni
been found, and baton ape to che onday immediately p
ett the fecoud pafday of this iaft.ac ten o'clock in rhe
orendon,- .

OaWednelday taf Solomon Haghes and the Croek Indi.

ata —
Sssssers ere. Ss

To
Nt eee see

SE RA A I se ees IIE
. J

See eee

Ee ee ee ee

—
eg;

. =a Pome ee ~~ Fe ee
= 7 ens ate

———->

ee a Oa en a ne ee

—————

Bia, Be gy lg 1 renege
7 i -

SBESTILE ALARM, 1g

M : * Senn OME ratte aor Sige
Will Keegh’s Gwa Play st Owgas's

Academy of Masic Last Might. =
Will Keogh's “Stil! Alarm" Compaty ehter-
tained @ large audience at Oweas’s Academy
te: of Music last hight. Asa romantic comed y-
Plays Fessum, but drama “The Sti'LAla:m” fs an unqualified sac.

at the Sesf- | cos, : “he:
The play bas more body to [t than the erdi-

ee tox th dd 4
whn diag been In the Berke- nary te raat, 2 ingly Fach
2

i at Monet-Plensant for over a alfet! 4
Mi MOUSE s can 8 rod the kin
eek” this mistaing in the Jail fs On the read The fact that Hijoe W 7
+d Wagell. acolored | Keogh was standing the play
oy. Hé Waa ventenced to | WOuld bare guaranteed it a hearty reception
»

mab : “3 b bat now that it b f 7
pander ‘Int but made anap- | merits wit! seam dt te every laver!
Dwart, -Horibeck was re- modern melodramatic sem aad ¢x-
ta February, his peg ; Pisa reg ;
: Aside from an interesting and well actei
fed, and he bas conee- | 1) story the play relies for its populartty

! witha te upon the
y : tint
weet, On Dhareay oleh | Sesh cpr lt Wet =
tf

| epirite when left by | aise” te brought ia the middie of the

esterday morning San 40 stir the blond at ance oa re

* ss Sept Gage re tation ast night as

penerae msc | Seger eemieie ee
& corner ths sic si é ;

1% Morrison. T : and 2 te-night, and it wil}

~ Sonbalees attract’ large aud

lencea 02 both
i eraiwne Sherweed Mand.” ee
Fie Secret Fog Bard ie
enter ten ge
Monday night. ‘The band Ja ‘composed

‘i og ol ly I | : “Tbe litte
” fost Yront ok the ledtnee: aa sayy -of tha band The
from Sielafs wrest 8 aonall stream of 1 are bend oC orohans tt Irbrs in AUuaia
~ ve ms " composing {t are
\y ' Da

3 ; rei Soreton fituey. tile orphans
la | 4 te 14 yo of ge, who were traloed tn
. tae ‘subpott ot helt tones ace Tick, elles
‘apd pewerfal.” Pe wie

enctst to catthe | WH4BIAU OF THRGRERY, |

ol blsed, still (G Patrick's Day aad its Uclobration ia

ane er. Charleston. Es 3

s ter tat This is St Patrick's birthday and every maa
preseeted in the atian n Charleston who has a drop of Irish biood {n.
+ “wasy UY" sannr. = Vejes or who reverencea the traditions of
Pémark wien be first shiv Hor! | the Emerald Isle will do honor to the occasion,
wtlow T pleeked shaccty | Tem thousand men, wemen and chiidren will

prostaded a Mp aod bowl ina | Wear the green to-day ta hoor of the patron

all idew of bia being | gaint ef oid Ireland, and their hearts wi!l swell

: mearil, When hefound that hisgame | with levs end tendér reccllectioas of the iand

tare wet. Work be got better right away. He begoné tbe pea.

ie | ' fas% allowed wa - Extezsive preperations have heen made for

: See jas wtin aed dis spiritual adviser, sroperty oteerring the a. pn tos a
ip 223. ‘ g ¥ as been map out will

ge gn hak pe rage certied through with the sncces+ and entoust.

after Li e'tlock wheriff Morrisan atin which al ware attends the occasion E
cell again and reed the deat A fentare of the celebration wiil be the pa-
Kwa quite adie to ciud rede this morolog. The battalion will tbe

Jacked a@ pleasantly ta thedeca.
fing pislonsd Uaaime nod adjurted ths | forme2_on Marion xquare under the corscrsad
reap (ske® T don. ‘Tbe battalion will be formed in the tole.
suhaee te

A Hasig
teed B46

Eiebeer seg

ae : 3 Soeeres: Hi it 8, Division @ Ancie {Order of Hibersians. «|
Fae St te eath Abe siatem " B ring bee formed, Hae of march will

: 4 , t dewa Kinge aod throogh Qreea*

thedral, where Pontifics! sass |

"3 ated rey | H. P, Northrap.
ortarvp wil algo deliver the ad ire

“ee 72%
Kinea the battalion “with be arcio’

as
zine

ome in Queen atreer, f a
Hi be throug a to og. “fh Ring
Brosd. throw 4 te Bay, op

ta Merkel, through Market to M ing,
ot iz eve dor P au de Venaers
bores te the oluat Hal). @ baad

will thea arcompany the pemety Guards
t armory in & t
bert itt the earalan asd the % Patrick's

m will banquels, the
t beral If aud tbe latior
Bibi a Bal} ts files street. A

each et oa Seupper will be se
and a Rumber ot ioants Will be responded to. -¢

GEN IEL42'8 THANKS. ae

Hie te Grateful to the People of Charles-

ten and wilf do his Best In Congress. —

Mr W. K, Steedman, who took 20 active &

a | Part be the recent Gongreesional osmpaign ia
a city, tepresenting the {a

Tap eae 2 ‘ge ye

- a gt i 2 = ‘ i ee ; * R
‘“f ‘ a md -d » “. : ame o hes :. my ; wi
a fe ie a4 . % oa oy aad er re) ie =

; ms My dintinerd f clis orn 18/26, fast at Arg seat of
GF : ;
ho Lyrecch »« See CL 4 Pea as es

, Mit
ow ox! lato ee Cabins efor

os fm IF: : PSN v

ae 17 weies ‘2 colette gy
scsitsattah biz a, wr Neg WA. Pees
eee 2 a cry nig

ome fs
es

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KA £2. afoiev ali. Zao giie: oF A fav tig CAE ar of Gox, Cegue tin ggeidie.
: Gecing CHOC LHL AOL WLM a Ced, CY. We. apd feikie oe He AeotL we ME gyle

& Leak te, OS capa ieee,

balay

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a Ge Si ssntes “te He yea JE Ore 02 a. 27 2. Wb van a Lug is han ween
tote th, Cog dk Bite pace ¢ An a. ain ad the fb laa <2ttire pbitccasbd eezEt
be ME aac Baia te Le A foie tadd C71. Aa Biot BA aio ce 2a £02 ed
fibtte f Gok aac CAE KAA Via Lt. Hb ti ade. More. Be pi coitatig
BillialGy Ate a Oe Pe ie ALE ai Ag<qe thocvgde Weng daeatke ade ahaa. M8 etd | i
ead did ate, Ma Wt tte, Saco bs A. Le actor: OLE Cz fue gone Lots,
WL Edt Ama Mae. 22 2 LOK Aaa, Chiang eee “Bird Greatow Lew. teat Dt &. Latin :
Gell et ehh thes fuaee Me. Awad Ha aac Mecct hin Sot Len AADLOS Mea. (
Aan dl, Mie MAK: Adie Aelia, & OApachihiane af on. “Zé eat Bnd sce Tae:

eeciitana Pete sguergeweraen goes

rath rn ovis ,

Metin a. Ate Hae. gtd ond lau gf eLK idly, ARAL GL fey eta tthe astro baght eS

ile tl. tdof an e.. Med Haag et Lire a thar OR a eit AER scares we

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bisa Saar ise x eS
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3¢ (Lancaster) 4-18-1947

black, elec,

HaGGINse, Talmadge,

Hageins Will |

i Slayer Of Taxi Driver To

‘Pay Death Penalty For

His Crime — Convicted
Here In February

Talmadge Haggins, negro
{slayer of Benjamin Oliver
.| Powers, Jr., of Rock Hill, will
:}pay the penalty for his crime
fin the electric chair at the
{State penitentiary in Colum-
bia this Friday morning. The}.
'}€xact hour of an electrocution
is never announced publicly
in advance but it is usually} -
before daybreak that the pen-
alty is enforced. © =) f=

It is rather & coincidence that

caster is Stirred by a crime very

week,

Hageins employed Powers,
White taxi driver of Rock Hill, to
take him and his wife, Bernice
Haggins, to the “next town", Ags

they reached Lancaster Hagegins

Way, taking the car and fleeing
a,

Haggins a) of the time as he had
come to Baltimore and forced her
at the point of a gun to accom-
pany him, ‘

In New York the Haggins wo-

her people tipped Officers of the
law off as to Haggins' where-

The negro was tried at the
February term of Genera] Ses-

is understood that two- or
three loca] People wil) witness the
electrocution Friday morning,

addi € Herwrytof "1
FIESG47

ete we B

~ meee os

_and fell down.

722 8.0

like the scream of a grown woman. I ran
out and saw J. C. Hann holding Ruby Bol-
ing with his left hand and cutting at her
with his right hand;-I could see the blood
coming from her. He turned her loose
and she sat down on the curb. She got up
and it looked to me like he hit or slapped
her.” She then ran in Mr. Chastain’s yard
I went up on the porch
and my mother told me not to go out. He
stood looking at Ruby and said he was not
going to hurt us. I later saw the razor
hanging in a rose bush. That is the same
razor; the one you have in your hand there
with blood and hair on it. I noticed that
gap in it at the coroner’s inquest. I don’t
know,,who got the razor out of the rose
bush. After ‘the killing J. C., walked back
up the street slinging blood offvof his hands;
he acted composed. When he started out
the street and walked by my mother he
didn’t act like he was drunk’ and he didn’t
look like he was crazy. I have been know-
ing J. C. Hann about’six years.”

It appears from the testimony that the
defendant’s grievance against the deceased
was that he had acquired a venereal dis-
ease from her which was interfering with
his prospective marriage with another wo-
man, although the evidence is conflicting
as to whether this grievance had any fac-
tual basis or was merely fanciful. There
was testimony that shortly before the kill-
ing the defendant had said, speaking of
the deceased, “I’m going to cut her head
off and throw it out of the window,” and
this was said while he was under the in-
fluence of liquor, it appearing that he was
an habitual user of alcoholic drinks. In-
deed, one of his defenses is insanity as a
result of alcoholism. The defendant testi-
fied in his own behalf, and we quote the
following from his direct examination:

“I went down to the store and bought
a pack of cigarettes and then went over
to Mrs. Boling’s house and knocked on the
door; I asked for Ruby and in a few min-
utes she came out. We spoke pleasantly
and sat down on the swing to talk. I
stayed there something like ten or fifteen
minutes. I told her that she had ruined
my life and broken up my engagement and
she said that she didn’t care; she said: ‘I
want you to know that Iam as good as that
girl over there;’ and then I said, ‘You aint
nothing but a little whore;’ I struck at her
and my mind went blank; I didn’t know
what I was doing and I turned and went

12 SOUTH EASTERN REPORTER, 2d SERIES

back out'in the street and Mr. Tinsley came
and got mei” iets (or abInsiy |

Later he said on cross examination: “T
asked for Ruby and she came out on the
front porch—I’ can’t talk—I don’t know
why I had that’razor in my pocket. She
insulted me about the girl I was engaged
to when I told her, what.she had done
to me and I jumped up; she then slapped
me. She turned and went down the steps;
I did not pull, my razor, out until we got
in the: yard; I don’t know, what happened
then. No, sir, I did not hear anyone
scream; I: just don’t’ remember. »I did not
know that I had cut her until after Icame
to; I then realized: what: Ihad done.”

And we also quote’ the following’ from
his cross examination: ’ ;

“I told Gladys Youngblood ' while we
were in swimming that I should cut Ruby
Boling’s head off.

“Q. Mr. Hann, you had it in your heart
to kill Ruby Boling? A, No, sir.

“Q. You were mad at her because you
thought she gave you gonorrhea; tell us
isn’t that the truth, before God, wasn’t that
the truth, you were mad at that girl and
you killed her? A. Yes, sir, and I am sor-
ry, and I ask you mercy, I am deeply sot-
ry.

“Q. Before God you planned to kill her?
A. No, sir.

“Q. On Monday afternoon you planned
to kill her and it was in your heart to do
that thing? A. I had it in my.mind at
the time.

“Q. And you were going to cut her head
off like this young lady said? A. I said
I would.”

[1,2] One of the questions raised by
this appeal is that the presiding Judge com-
mitted an error in his charge on the plea,
or defense, of insanity, in that he charged
the jury as follows: “I charge you that
in order to relieve one of responsibility for
a criminal act by reason of insanity, that
is, mental unsoundness, one must show that
he was under a mental delusion by reason
of mental disease, and that at the time of
the act, he did not know that the act he
committed was wrong, or criminal, or put
ishable, either one or the other.”

And he also charged to the same effect
as follows: “I charge you that if one pleads
insanity as a defense, the burden is upo®
him to prove by the greater weight or pf
ponderance of the evidence that at the time

OR Ra aN

PE at IPT BAA

eo Gana ey Irma

euiiiite ht HSTATE y. HANNe? sr 11 8:0. 723
12 8.E.2d 720

he: committed the act he; was insane—that

is, that.at the time he committed the act
‘he was under a mental delusion by rea-

son ‘of mental disease, and that he did not
know that the act that. he committed was
wrong, or criminal, or» punishable, either

one or the other." y4? mio)

_” The point is made that these instructions
placed the additional burden on the de-

fendant of showing not only that he was

‘mentally incapable of distinguishing right

from wrong at the time of the act, but that
he was also laboring under a mental de-

_Jusion; although the Judge correctly charg-

ed that under the law, of this State the test
is mental capacity or want of it sufficient
to distinguish. moral _or legal right from
moral or legal wrong, and recognize, the
particular act charged, as morally, or. le-
gally wrong.) |. ie

The language! used by’ the’ presiding
Judge, of which complaint is made, is ad-
mittedly precisely in accordance with the
charge on the subject of insanity which
was approved in the case of State v. Bun-
dy, 24 S.C. 439, 58 Am.Rep. 263, and this
case has been cited with approval by this
Court so often, and followed so frequent-
ly by Circuit Judges, that it may well be
stegarded as a classic. Indeed, we think
that counsel for the defendant overlooks
the fact that if one committed an act vio-
lently criminal in its nature, but was at the
time so mentally incapable of distinguish-
ing right from wrong that he did not know
or realize what he was doing, the conclu-
sion must inevitably be drawn that he was

under the influence of a mental delusion

of some kind, which'simply means an erf-
ror of the mind. 9 |

The charge does not require proof of
two distinct elements, one, lack of mental
capacity, and the other, presence of men-
tal delusion; but is simply a statement that
inability to distinguish between right and
wrong, resulting from a mental delusion
due to mental disease, is a good defense.
And it may be observed that the trial Judge
correctly charged the request of defend-
ant’s counsel on the defense of mental in-
capacity arising from long continued and
excessive drinking, resulting in “impair-
ment or, derangement of the mind”. We
cannot conceive how the defendant could
have been in anywise prejudiced by the
‘charge of the Court on this subject, espe-
cially when the entire charge is considered.
The presiding Judge went into the whole

matter fully and carefully, stating the law
as favorably to the defendant as established
principles would warrant, charging all re-
quests presented by defendant’s counsel.

~“[3]° It appears from the record that just
before the motions for arrest of judgment
and’ for a new trial were argued counsel
for defendant referred to a conversation
“J have just had in your Honor’s cham-
bers with the Solicitor and Mr. Mann and
your Honor”, and was inquiring as to
whether any reference should be made to
that or not, but was told repeatedly that
if he desired to put anything in the rec-
ord on the subject he might do so. Among
other things the Court said: “If there is
any statement’ you care to make now you
can’ make (it) and the stenographer will
take it down”; but counsel did not avail

-himself of this privilege. There is, there-

fore, no basis in the record for any ex-
ceptions relating to the conversation men-
tioned; nor is it conceivable that the de-
fendant’s rights have been in anywise there-
by prejudiced.

[4] It further appears that the presid-
ing Judge in ruling on the motions in ar-
rest of judgment and for a new trial called
attention to the fact that before the trial
commenced he made special inquiry as to
whether objection would be interposed to
the indictment upon the ground that the
members of the grand jury did not have
proper registration certificates, and inci-
dentally alluded to the circumstance that
he had called Mr. Martin, the defendant’s
counsel, to his desk shortly after this in-
quiry and talked to him further about the
matter. It is true that there had been an
express waiver by counsel for the defend-
ant made in the hearing of the defendant
himself and of all present, but the Court
may have felt that further inquiry of coun-
sel would not be: amiss. to avoid any pos-
sible misunderstanding. The exception re-
lating to this matter is clearly without mer-
it.

This brings us to the consideration of
the principal ground of this appeal, to wit,
that the grand jury which found a true
bill against the defendant at the Septem-
ber, 1939, term of Court was composed of
jurors who were not qualified electors, from
which it is asserted by the defendant that
under the Constitution the Court had noe
jurisdiction and that hence the finding of
the grand jury was’ null and void; and
that the indictment should be so declared,

ER RA ME ata

Rsadittiel ah wae das 3

$cet kts se tit
Eis oe.

gd BC:
fotwithstanding the express waiver on the
patt of the defendant, it being contended

that the defendant was ‘without power to
waive'the disqualification in question.

} The following. is a statement of the un-
disputed, facts relevant to this inquiry: As
above stated a.true bill was found against
the defendant by. the grand jury at the Sep-
tember, 1939, term of the Court, and at this
term the defendant pleaded not guilty;
making no objection to the grand jury, or
any other objection to the indictment, at
that time. However, it should be said that
his counsel was not present, and further-
more the facts upon which the objections
were subsequently made were not then
known to the defendant, or his counsel.

But in the meantime, to wit, on Novem-
ber 30, 1939, the opinion of this Court was
rendered in the case of State v. Bibbs, 192
S.C. 231, 6 S.E,2d 276, 282, wherein it was
held that the defendant in that case, who
had been convicted of murder, was entitled
to a new trial upon the following grounds:
“We have reluctantly come to the con-
clusion that the Grand Jury which found
the indictment upon which the appellant
was prosecuted was not a legally qualified
one, for the reason that at least five of its
members who participated in its finding
were not legally registered electors, because
it is shown by the record that they were not
legally registered, because their certificates
of registration were not signed by at least
two of the members of the Board of Reg-
istration for McCormick County.”

‘As will appear by reference to this opin-
ion objection to the grand jurors in ques-
tion was made in that case before they were
even sworn as members of the grand jury,
and upon a true bill being found the attor-
ney for the defendant moved before plead-
ing thereto to quash the indictment on the
same ground, the motion being overruled
by the presiding Judgeé. It will thus be seen
that timely objection was made to these
grand jurors, and there was no contention
whatever that there was any waiver by the
defendant at any stage of the cas¢.

After the decision in the case of State v.
Bibbs, supra, it came to the attention of the
Solicitor of the Thirteenth Circuit that
probably there were no qualified electors in
Pickens County, due to the fact that the
Boards of Registration of that County had
completely overlooked the mandatory re-
quirements of the statutes with reference
to the signing’ and delivery: of certificates
of registration,! Thereupon the Solicitor

12 SOUTH EASTERN REPORTER, 2d SERIES

presented his petition or complaint to thé
residing Judge of that Circuit, -supported
by affidavits, upon’ which Judge Oxner or
dered on January 27,.1940, that the six hold
over grand jurors drawn’ at the September

term, 1939, he discharged as grand jurors .

and dismissed from further attendance up-
on the Court,.and that a new: list of quali-
fied jurors be prepared by the Jury, Com;
missioners, it appearing that the Board of
Registration was; then. registering ap-
plicants for new certificates in conformity
with the statutes and in compliance with
the opinion of this Court in the Bibbs case.
The proceedings before Judge Oxner form
a part of the record before us and it is
quite clear that the purpose was to provide
that thereafter jurors should be qualified
electors pursuant in all respects to the de-
cision of this Court. But it will be borne
in mind that there is no suggestion in any
of these proceedings that’ any member of
the grand jury of Pickens County for the
year 1939 did not have the constitutional
qualifications to become an elector; and
the only reason they could not be deemed
qualified electors was that there was an
irregularity in the: issuance of their cers
tificates. In other words, the statutory reé
quirements were not observed by the Board
of. Registration.

(5] It. is quite true that this objection
would have been a good and valid one if
it had been raised at the proper time. The
general rule is that such an objection
should be made by demurrer or motion to
quash before pleading to the indictment.
And it was so held,in the case of State v.
Boyd, 56 S.C. 382, 34 S.E. 661, 662, where
the defendant pleaded not guilty upon ar-
raignment for a felony, but thereafter and
before the petit jury was sworn moved to
quash the indictment on the ground that
one of the grand jury who passed upon it
was related to the prosecuting’ witness and
hence was not disinterested. The motion
to quash was granted but upon appeal by
the State to this Court it was reversed be
cause the motion came too late. However,
the Court held that this was not a case in
which the alleged disqualification was dis-
covered after the plea of not guilty. It was
further held in this case that it was unnec-
essary to consider whether or not the rela-
tionship of the grand juror to the prosecut-
ing witness was.a good ground for quash-
ing the indictment.. And the Court says!
“But the authorities appear to hold that,
While stich objection may be ground for

Ge tee i ne

destiny Seaton te

CUINAA bE Wo

Prev
STATE v.

ee a WMO Or ry 2 ,
fan sic 795

12 §.E.2d 720

— ee | Iyer oe ~ +t v
challenge “before indictment, found, rit is
not. good ground for plea in abatement ot
motion to quash.” > + ataud}

But it isnot necessary. to, apply so strict
a tule to the case, at bar, because jit /is: ad<
mitted, and the record shows. beyond ‘con-+
troversy, that the defendant | expressly
waived the alleged disqualification ,of, the
grand jurors. Indeed, it would be difficult
to conceive of a case where, greater care
was used to make the waiver clear. and un-
mistakable. te boy data yEes! LEMAR iy

The record affirmatively shows, that. some
time prior, to. the February, 1940, term, of
Court at a chance .meeting, of counsel: in!
Greenville, the, Solicitor | inquired .of,coun-
sel whether the defendant would make. any,
motion in reference. to -the} validity’ of the
grand jury, and he-replied that “he; would
confer with defendant, and;his: brothers‘and.
let. the Solicitor. know”;’.and that’ a.day. or
two before Court. he:informed the Solicitor
that he had conferred, with them. ‘and de-
fendant had agreed 'to|waive right to quash
the indictment”. 35 rst

The record shows: that the, Solicitor, at
the hearing of the motions! in, arrest of
judgment ‘and ‘for |ajnew> trial, ; made the
following statement,,, the correctness of
which does not appear to be questioned:
“Sometime during the; week before: the Feb-
ruary term of Court.in 1940, I talked to Mr.
Martin, attorney for the defendant 'J. C.
Hann, and askéd himiif he wanted me to
hand out a new indictment. -If I recall cor-
rectly, on Friday before this term: of Court,
Mr. Martin called me at my Office in Green-
ville from his office in Greenville and stated
he would waive his: right :to: move to quash
the indictmenton the ground that the grand
jury who !passed> on that! indictment was
disqualified; -andi:I) told :Mr.; Martin. all I
Wanted ‘to dovwas: tovhand to the grand
jury on Monday morning: a*new>indictment,
ifthe expected’ to move to quash the indict-
ment; and that upon that agreement. that
he waive that right to move.to quash, I did
Not prepare a new indictment.” .
»: When the. case. came up, for trial in Pic-
kens on the 19th day,.of February,,-1940,
Judge Thurmond, who. was presiding, said
to counsel for defendant in open, Court:
“Mr. Martin, is,there,;any question about

the issuance ; of. proper.,registration cer-

tificates of, the;:grand jury?”,,, And Mr.
Martin answered:: ,{‘No, sir, your Honor,
Lagreed. with, the; Solicitor that the de-

_ fendant would waive, any motion to quash

the indictment because of any irregularities

of the registration certificates issued to the
grand jurors who returned the indictment
in this case.”

. This colloquy took place before the trial
had actually been entered upon, and it ap-
pears:that the defendant had not then been
brought into Court., But.in the afternoon
of the. same day when the case was again
called Mr.. Martin reminded the Solicitor
that the defendant was not in Court, when
the. waiver was made. Stating Mr. Mar-
tin’s, exact, language: “I just called my
friend’s attention to the fact that Mr. Hann
was not in here this morni4g and I thought
it proper to repeat that understanding”,
referring ‘to. the ‘waiver. And then Mr,

Martin ‘said: “We:wish to waive any mo- |

tion to quash”? 7)

“While jt was incidentally suggested that
the waiver was merely of a motion to
quash and hot a waiver of a motion in ar-
rest of judgment, the point is so obviously
unsound.that counsel have not offered any
argument in support of it. His position,
however, taken. with great earnestness, is
that neither the defendant nor his counsel
could make any effective waiver and that
it’ would be against public policy to hold
the defendant bound by such attempted
waiver, and that, the objection could be
made at any time, especially because it goes
to the jurisdiction of the subject matter,
which cannot be conferred by consent, and
our Constitution absolutely requires an in-
dictment by a legally qualified grand jury,
(Art. I, § 17, and Art.’ V, § 22), and hence
to sustain a.conviction under an indictment
net so found would .be to take the life of
the defendant without due process of law
and deprive him of the equal protection of
the law,‘and thus deny to him his constitu-
tional rights} both’ under the Constitution
of this State, Art.'I, § 5,and the Federal
Constitution, 14th: Amendment.

- {6]. We adhere fully to the decision of
this Court rendered by Mr. Justice Woods
in the casé of State v. Lazarus, 83 S.C. 215,
65 S.E. 270, 271, wherein the Court held
‘that the law requires the presentment of a
grand jury as a condition precedent to the

trial of a crime (except certain minor of- .

fenses), the grand jury’ being a constituent
part of the Court, and without its present-
-ment-the Court has’ no- jurisdiction of the
cause. Quoting from the opinion: “Hence
an appellate court will declare void a con-
viction- obtained in. such case without the
presentment of, a grand jury, for lack of
jurisdiction of the subject-matter in the

aan a

Pir reese Saemae pin et

726 8. C. 12 SOUTH EASTERN REPORTER, 2d SERIES

trial court. The same principle, of course,
applies to an attempted conviction without
the verdict of a petit jury. As we appre-
hend, it is in the application of this prin-
ciple that the courts hold that where the
proceedings, resulting in the organization
of thos¢ who acted either as grand jurors
or petit jurors, are so contrary to law that
either jury cannot be said to have any legal
existence, the conviction is a nullity. In
such case it is for lack of jurisdiction in
the trial court that the appellate court will
declare the conviction of no effect, even
where the point is not made in the trial
court.” ;

[7] While we have read a number of
cases involving the question before us we
do not believe a clearer statement of the
controlling principles can be found any-
where; and applying it to the case at bar
we do not think it can possibly be said that
the proceedings resulting in the organiza-
tion of those who acted as grand jurors
here was so contrary to law that the grand
jury could not be held to have any legal
existence. Here the grand jury was duly
drawn, duly organized, and acted upon the
indictment in the regular and usual man-
ner. It was a grand jury of the Court of
General Sessions for the term at which the
indictment was found. It was selected by
the officers having lawful authority so to
do. The members were duly sworn, and all
the proceedings were regular in every re-
spect, except only that it afterwards ap-
peared that there was a statutory irregular-
ity in the issuance of certificates of regis-
tration to these grand jurors, although each
of them was qualified to receive a correct
and proper certificate.

Judge Woods cites with approval the de-
cision of the Supreme Court of the United
States in the case of United States v. Gale,
109 U.S. 65, 3 S.Ct. 1, 27 L.Ed. 857, quot-
ing the following from the opinion:
“‘There are cases undoubtedly which ad-
mit of a different consideration, and in
which the objection to the grand jury may
be taken at any time. These are where
the whole proceeding of forming the panel
is void; as where the jury is not a jury of
the court or term in which the indictment
is found; or has been selected by persons
having no authority whatever to select
them; or where they have not been sworn;
or where some other fundamental requisite
has not been complied with,’ ”

In the Lazarus case it was held that a
motion after sentence to set aside a con-

viction.on an indictment presented by »
grand jury, because the writ of venire
facias did not have attached the seal of the
Court, comes too late, it being an irregue
larity, but one of record which should have
been discovered before the trial; such ire
regularity not relating to a fundamental
requisite, ,

The old case of State v. Harden, 2 Rich,
Law 533, cited by counsel for defendant, is
a good illustration of an objection to a
jury (petit, in that case) which goes to its
very legal existence, and does not relate to
personal disqualifications of its members
For it was there held that the jurors sum-
moned for an extra term, which had been
ordered but not held, could not be regarded
as jurors of the regular term. Hence it
was held that there was in legal effect no
jury at the regular term, at which the de
fendant was convicted for the murder of &
slave, and his conviction was set aside and
the case remanded for a new trial. Clearly
jurors drawn for one term have no power
to act at another and different term.

In the case of State v. Edwards, 68 S.C
318, 47 S.E. 395, 396, in which the opinion
was delivered by Mr. Justice Jones, the
Court held that the trial Judge did commit
error in not sustaining a motion in arrest
of judgment, because it appeared in that
case that the grand jury which found the
bill of indictment had been drawn under an
act which was unconstitutional. Obviously
this went to the very vitals of the grand
jury, and since it had no valid existence
the indictment so found by it was void, and
the point could first be raised on motion in
arrest of judgment. The Court says: “But
the objection here goes deeper. It does not
assert a disqualification which affects only
a member of a body otherwise lawful, not
a mere irregularity in doing which the law
requires, which assumes power to act; but
it goes to existence of the grand jury as &
body, that it is void as such, and that its
indictment is therefore a nullity.”

[8,9] In the case of State v. Rectof,
158 S.C. 212, 155 S.E. 385, the State ap
pealed to this Court because the trial Judge
quashed the indictment on motion of the
defendants, the motion being based on the
fact that at least 2 of the 17 jurors who
were members of the grand jury when the
true bill was found were not registered
electors and hence were disqualified to att.
The position was taken in that case that %
long as twelve grand jurors duly qualified

to act as such participated in the finding of.

tomer apo

MOLARS NSEBAR EERE mrt B oy

i” bo J gpare y. HANN STE J 8.0. 727
12 S.E.2d 720

a true Dill the, indictment was good, even
if one or more disqualified grand jurors
also took part in the finding, and certain
decisions of this Court were cited as tend-
ing to support this view, including the case
of State v. Rafe, 56 S.C. 379, 34 S.E. 660,
where reference was made to the fact that
if all the members of the grand jury were
disqualified, or if a true bill was found by
a grand jury composed of only twelve men,
one of whom was. disqualified, the. Court
would necessarily,.conclude: that the. bill
was not found by-a legal grand ,jury;. but
otherwise this. conclusion could. not be
drawn. But im the Rector case’ where an
exhaustive and able opinion was delivered
by Mr. Justice Blease, it was rightly held
that there is no proper way to determine
the number of grand jurors concurring in
an indictment or: .whether the. necessary
number who did concur included: members
not qualified. And it was further pointed
out by Mr. Justice Cothran in his. con-
curring opinion that the participation of a
disqualified grand juror would be illegal re-
gardless of how, many qualified grand
jurors also participated. It follows there-
fore that if objection is timely made and
not waived, the presence of even one such
disqualified grand juror would render the
finding illegal, and such illegality would be
just as effective and significant as if all of
them were likewise disqualified. But it is
expressly recognized and laid down in this
case that any objection of this kind may
be waived by the defendant if he does not
make it in time. We quote the following
from the leading opinion by Mr. Justice
Blease [158 S.C. 212, 155 S.E. 391]:

“While the disqualification of a grand
juror may be waived by the defendant if
he does not make the objection in time
(State v. Motley, 7 Rich. [41 S.C.L.] 327,
and State v. Boyd, 56 S.C. 382, 34 S.E.
661), yet when a defendant does insist
at the time when he may do so, he is en-
titled, as a matter of constitutional right,
to have the grand jury, which indicts him,
composed only of such persons as the Con-
Stitution of the state has plainly declared
may act thereon.” (Italics added.) See
also State v. Wood, 130 S.C. 88, 125 S.E.
566, and the cases therein cited.

{10] Reference has heretofore been
made to the fact that the irregularities in
the issuance of the registration certificates
to the grand jurors in question arose out
of the failure of the Boards of Registra-
tion to observe the statutory requirements ;

an irregularity quite sufficient indeed tc
warrant ‘a motion to quash, but surely not
sufficient to allow a defendant to make an
express waiver and then when found guilty
at a fair and impartial trial seck and obtain
a new trial on the theory that he had no
power to waive; bearing in mind that no
question is made that the jurors were ac-
tually good and lawful men in the sense
that they were entitled to receive proper
certificates. It therefore seems to us sig-
nificant that the General Assembly by an
Act approved February 16, 1940, jus: prior
to the trial of this case, Acts 1940, page
2056, 41 St. at Large 2056, provided that all
certificates of registration issued to those
who are qualified to receive the same un-
der the laws of this State as electors since
January 1, 1938, and up to January 1, 1940,
“are hereby validated, ratified and con-
firmed, irrespective of any irregularities in
the issuance of the said Certificates of Reg-
istration”, However, we cite this act mere-
ly because it tends to show that the ir-
regularities arose out of the failure to ob-
serve statutory requirements. Of course,
the Constitution (Art. II, § 4, Subd. (f)
does require the General Assembly to pro-
vide “for issuing to each duly registered
elector a certificate of registration”, but the
method of so doing, including the details,
was left to the Legislature.

In the case of State v. Faile, 43 S.C. 52,
20 S.E. 798, 800, the Court held that a de-
fendant might waive objection to the
amendment of an indictment so as to add
alias names of the deceased. The Court
says: “The question in this case, however,
is not whether such amendment is against
the constitutional right guarantied to the
prisoner for his protection, but whether he
has waived his right to insist upon such
constitutional provision. These provisions
of the constitution are for the protection
and benefit of the prisoner, and can be
waived by him when in his judgment it is
to his advantage to do so.”

In addition to the quoted excerpt the
opinion in this case states the law of waiver
at considerable length to the general ef-
fect that any of the constitutional rights
and privileges accorded a defendant may
be waived by him if he deems such waiver
in his.interest. It may indeed be that some
of the expressions found in this opinion
state the rule rather broadly, but it will be
observed in this connection that in the case
at bar counsel for defendant said that he
wished to waive any motion to quash, and

ip; 5%
as pointed out by,.the Court in the Faile
case: “It might work a great hardship on
the prisoner not to be allowed to waive even
a constitutional. right.;. He may be in-
fluenced to consent to such waiver because
his witnesses are present, and he, may fear
that he will not be able to secure their at-
tendance at.2, future term of the court, or
he may prefer to have his case tried by
the jurors at that term of the court, or he
niay be influenced to such action by num-
berless other.’ considerations.” But of
course this language must be read in the
light of the facts of that case and cannot
be extended to a case where consent was
given to a trial for murder by a jury of
less than twelve men; for obviously such
a .fundamental. requisite cduld not be
waived. . State;v. Hall, 137 $.C. 261, 101
S.E. 662.

[11] But it may well lé that the de-
fendant in the Case at bar deemed it to his
interest for some undisclosed reason to
avail himself of the privilege of waiving
any ‘objection to the grand jurors, and no
fundamental requisite being involved he had
the right to do so.

[12] We do not deem it necessary to
base our conclusions on the authority of the
Faile case, because we think that if the
law be construed much more narrowly the
instant case comes well within the sound
principle that waiver of disqualification of

12 SOUTH EASTERN REPORTER, 2d SERIES

individual members of the grand jury, even
if it applies to all of them, does not involve
the constitutional existence of the grand
jury, especially.where such, disqualification
was merely because of an, irregularity. in
following the, prescribed regulations and
could not in fact be, deemed to have been
in anywise actually prejudicial to the de-
fendant, Mie a Eee ee ;

[13] The’ defendant Was convicted of
what appears’ from: the ‘evidence ‘to’ have
been a peculiarly heinotis and’ horrible
crime. But he-had the right to invoke in
his behalf every’ constitutional right or
privilege, for he stands under a death sen-
tence. We have, therefore,’ endeavored to
give full and careful consideration to every
point raised by his exceptions, even includ-
ing those which were properly abandoned
by his learned and experiericed counsel, but
after such consideration we are unable to
find any error ‘whatever’ in’ the record,
Manifestly he received that fair and im-
partial trial guaranteed by the Constitution
of this State, and a jury of his County has
found him guilty, upon competent evidence
the sufficiency of which cannot be ques
tioned.

The judgment of the Circuit Court is af-
firmed.

BONHAM, C. J., and BAKER, FISH:
BURNE, and STUKES, JJ., concur.

LEONARD yv. TATUM & DALTON TRANSFER CO.

NC 728

12 8.F.2d 729

218 N.C. 667 ; i ;

LEONARD v. TATUM & DALTON TRANS:

rts : FER CO. et:alod: loss to
No. 666. lon ttf

Supreme Court of North Carolina. ; whit

3 ' 1 « Dece 20,1940. 2255 thweonQ

{. Master and servant 6=301(4)
A person lending .a. servant to’ another
may be relieved from liability ‘for servant’s
negligence only by. surrendering control over
servant’s acts to such extent as to virtually.
suspend, temporarily, nf any _responsibility
which might reasonably be associated with’
control, oa nat + Peg le, Roja ie
fi r nofOF Jeet: 20M
2. Automobiles €2245(29) |
In action against truck owner! for in-
juries sustainpd in collision 'with rear of:
truck allegedly stalled on highway without
rear lights, whether driver. of ‘truck was
an employee of truck owner or of electric
company which had procured use of trucki
and driver was a question for jury, where
electric company did not originally. hire
driver, had no right to dismiss him, and ex-
ercised no control over him. :

3. Automobiles €=245(17, 83)”

« In action for injuries sustained by mo-
torist in collision with ‘rear of truck stalled
on highway without rear lights, negligence
of truck driver and contributory negligence
of motorist were questions for the jury.) fi.

ee ae ae

Appeal from Superior Court, Davidson
County; J. A. Rousseau, Judge.

Action by Dave .Leonard against the
Tatum & Dalton Transfer Company and
the Bryant Electric Company to recover
damages for an injury received in a col-
lision between the plaintiff’s automobile and
a truck owned by the first-named defendant.
Judgment for plaintiff, and the first-named
defendant appeals.) 0

No error.

‘This is an action to recover damages for
an injury to plaintiff alleged to have been
sustained through the negligence of an em-
ployee of the defendant in the operation of
a motor vehicle.»

Since the appellant relies here mainly up-
$n the refusal of the court below to grant
tts motion for judgment as of nonsuit, the
evidence may be summarized’ from ‘that

7 point of view: rs

12 S.E.2d—46%

: best of my knowledge.

The appellant, Tatum & Dalton Transfer
Company,'a corporation, was the owner of
tractors, trucks, and trailers, and was en-

’ gaged in the transfer business in Greens-

boro and vicinity. » The Bryant Electric
Company, holding a contract with the R. E.
A, entered into an’ agreement with the

} Tatuin & Dalton Company under which the

latter company furnished the former with a
truck and driver at the price of $1.25 per
hour.

In furtherance of this arrangement,
Mr. Dalton, of the appellant company, hired
Jones, subsequently charged with negligent
operation of the truck, as driver.. The
truck was “picked up” at High Point, and,
with Jones in charge, put into the agreed
service in Davidson County, hauling: poles»
in connection with the construction of an
electric line. -'

Evidence as to. the agreement between
appellant and the Electric Company appears
in the record as follows:

“H. M. Bryant testified for plaintiff: I
am’ president of the Bryant Electric Com-
pany. My Company has a contract with the
R. E. A. in this county for placing poles.
Pursuant to our contract it was necessary
for us to transport poles from different
locations over the highways to the places
where those poles were to be placed. Pur-
suant to our contract with the R. E. A,, it’
was necessary for us to transport poles
from different places in the’ county to the

* places where the poles were to be placed as

directed. The poles are different sizes, dif-
ferent lengths, and different sizes in timber.
They run from 25 feet to 50 feet, to the
They are different :
classes of poles. I will say their color was
black or brown.”

“Well, I called Mr. Dalton and talked
to him over the phone and told him that we
had some poles to haul, and asked if he
would furnish us a truck and man to haul
these poles. “He told me that he would, and :
the question came up about the price. I
said, ‘I will pay the same price I have been
paying’, which was $1.25 an hour, ‘and fur-
nish the gas and the men * * *’ the
Bryant Electric Company to furnish the
gas and Dalton was to furnish driver. That
was from over here at this office, and he:
came over but I left the office, and turned
my information over to Mr. Burgess, my
superintendent; and that is what I paid,
Mr. Dalton is $1.25 an hour for the time he
was hauling the poles.”

ge | ¥

At 10:05 Harris sang one verse of "Jesus Lover of My Soul." In his voice could be
detected only the slightest tremor,

At 10:21 the sheriff went to the gallows and tried the drop.

At 10:26 the sheriff read the death warrant, During the reading of the death
warrant the condeaned wan was apparently unconeserned, 411 the while chewing and
picking his teeth with a straw.

To a visitor who said he was glad to see him so cool looking, Harris replied:
"Yas, I am as cool as 4 cucumber, as the old saying is, and I expect to stay
that way."

Harris said he wanted his brother to have his children and if he could not have
them, he wanted the Rev, W, P. Smith of Spartanburg to place them in an orphanage,

At 10:56 the death march commenced, Harris went to the scaffold without being
handcuffed, walking by the side of Sheriff Thomas, The witnesses followed behind,

As Harris was taken out of the door, he beheld hundreds of ouricus spectators who
had gathered to get, a last glimpse.of him, He paused for a mosent and said: “Every~
body who wants to shake hands with Tom Harria, hold up their hands." Many hands

in the large crowd went up and Harris said, "Now, as I wave my hand just think of
yourself as shaking hands with me, I want you ell to meet me in heaven. I am
going hone to Jesus. Good-bye."

He was then taken into the enclosure and mounted the scaffold with steady steps.
When the handcuffs were being put on he said, "Not too tight, please," and after
they were adjusted he told the-shoriff that the cuffs were hurting his wrists.

After he was manacled he requested that Rev, E. G, Ross offer a prayer, After

Mr. Ross finished, Harris offered a prayer commending his soul to his Maker and
putting himself on God's mercy. He prayed that his fate might be a lesson to others.
and turn them from their sinful ways; for those present who had been suamoned to
witness his execution and for the sheriff whe res soon to pull the trap that would
throw his soul into eternity, and finally for all people. He commended his spirit

. to Ged and thanked Him for forpiving him and expressed the faith of being with

Jesus in a few minutem a

At 11:07 the noose was adjusted and the black cep pet over his face and at 11:074
Sheriff Thomas said, “Tom, are you ready¢" "Reedy," replied Tom and the trap

was sprung.

Hie neck was broken b: the full, the body only elightly twitching. At 11:134 Dr.
J. N. Mesbitt, the physician, pronounced him dead and at 11:18 the body was taken
down and turned over to the underakers,.

The hanging hed a marked effect on those present, etrong wen breaking dorn and
weeping like babies,

~3-

The hearse was waiting on the outside and és soon as the body was stripped
of the manacles it was turned over to Shuford & Leliaster, the undertakers,

who conveyed it to the depot.
THE HISTORY OF HAaii6' LIFE

A representative of. The Ledger called on Harris at the county jail yeaterday
and asked him to give a history of his life. In response to the request Harris

said: Where do you want ae to begin?"
"At your birth." :

"All right. I was born ebout 400 yards from where Gol. J. La Strain now lives,

in the lower part of what is now Cherokee (then Union) aounty on the 28th day »

of December, 1877. My father was Will Harris, who is now said to be living at
Santuc, in Union county, My mother was Mary Childers. I am an illegitimate
child, My mother was about twenty years old at the time of my birth, She
afterwards married Frank Pruitt, and is now living at Blacksburg. I lived at
Etta Jane, on the farm with my grandparents until I was fifteen years of age.

I then left my grandparents and went to Pacolet to work in a eotton mill, where

I stayed two years and then cane to Gaffney to work in the mill of the Gaffney
Manufacturing Compnay when they first started up, I was the first man to put

a drawing roll through a drew frame in that mill, I stayed there aix monthe and
then went to Star Farm to work on Mr, John R. Jefferies! place, and atayed there
about three years, going from there to Lincolnton, HN. C. where I worked three
months on the railroad section, I then came back to Vilkinsville, where I

stayed for three months, working for different people. My grandmother died while
I was at Wilkinsville, and after her death I went to King's Creek, where I stayed
two years with Mr, W. od.» McGill and Via, Borders working on the fara, I then went
back to Star Farm and worked a couple of aonths for George Jefferies; went from
there to Cherokee Falls and worked in the mili about three months, when I went to
Hickory Grove, I have lived at and about Hickory Grove for the past six years,
working at the Magnolia goldjmine and on the railroad section, ‘The first fight |
< ever had in my life was while I was at the Magnolia gold mine, where I got into
a difficulty with George Sprouce, I was then about twenty-five years of age, The
next July after I wont to Hickory Grove, I married Clara Lee Childers, ‘Two
children= both boya~ were born to us, One is three years old and the other will
_be one year old in June. In 1903, I experienced religion and tried to live
pleasing to my God, In a year after my marriage I fell from grece because of il)
treatment of my wife’e relatives, Iu July, 1905, I wun to Glew adpine, Ko Ge
staying there 50 days. I went from there back to Hickory Grove, staying there
less than one year, I went to work on a farm for John Smith but violated the con=
tract and went to the York county Chain-gang for 30 days. This was the only time
I had any trouble with the lew, ‘hen my time was out, I went to Salisbury, N. C, and
stayed there until September, 1905, and then went back te Hiekory Grove, staying
there until February, 1906, when I want to Cherokee Falls, After two months, I
went to Bessentr City, Ne. é, staying there two wonths, then going to Blacksburg

where I worked at the Whittaker Mills six weeks. I then went to Hickory Grove

and stayed there until the 23rd of July, 1906. From there I went to Camp No, 6,
eigiteen miles above Marion, N. C., on the South and Western grade. I left there —
the second week in August and went to Marion. I left Marion on September 28th

and went to Forest City, N.C. staying there a short while and then going to

Kings Mountain, From Kings Mountain I went to Grover. On November 20th I came to
Gaffney, | |

HAURIS* STO?Y OF THE CRIVE

"when I left Grover I had not fully made up my uind to kill Mrs. Morgane

I knew she carried a lot of woney about her because I had heard ny mother-
in-law and others who knew hertalk about it. Between Blacksburg and Gaffney,

I fully made up my mind to kill her for her money. When I got off the train

at Gaffney I went to the end of the waiting room and lit ay pipe. I then took
ny suit case to Lr, Davenport's store and asked him to let it stay there. [
then started toward the Gaffney Wenufasturing Company, but remembered that

was not the purpose for which I cane to Gaffney. I turned around and went to
Mrs. Morgan's house. On the road I met several boys and inquired of them as

to where Mrs. organ lived. I arrived at kre. Morgan's about ll ofgloock, I
found her sitting on her front porch; I approached her and pretended to want

to rent @ farm; she told me oll her land was rented; I stayed there about two
hours; I couldn't make up my mind to do the deeds finally the clock on the
mantel struck ones I waited a few minutes longer; for five alnutes before I
took hold of her, I did not speak to her nor she to me: finally I nerved ay~
self and reaching over caught her in ay arma she was still setting in the
chair and lifted her up, At first she seemed to realize what 1 was going to
do, and then she kinder fainted away, I had carried her into the room by this
time and choked her down on the bed, I delieve she was dead, but 1 took ny
knife from my coat pocket and cut her throat. I then searched the cupboard or
safe for her money and not finding it I remembered that in the struggle I felt
something like a package tied about her waist. I searched her person and found
the money in a pouch or sack. I took the money from the sack and threw the

sack on the floor ncar the door, I then walked back to Gaffney, went to a store
and bought a new suit of clothes, an overcoat, a grip and a pair of shoes. Tf
expected to get off on No. ll of the Southern, and if the train had Leen on time
could have gotten aray, but the officers arrested me a short wille before the
train arrived. I realised from the time that I was arrested that I wust hang for
the crime. I was tried, convicted and sentenced and tomorrow will pay the penalty
of ny crime."

After the story had been read over to Harris he said it was correct, and the re-
porter asked him if he had any other message for the public, end he replied:

“You may way T ai sorry foe what L did. i wouldn't do it again for a. milton
worlds like this. I am going to die. I have made peace with my fod. I pray
for everybody as I pray for myself. I want the people to forgive me for what I
done. I know it was wrong, and I am sorry for it."

The Ledger representative shook hands with the condemned man, and bid him good~
bye, and Tom said:

"Good-bye, kr. DeCamp. If I never see you again in this world I hope to meet
you in heaven."

7-2 se

Last Thursday Siterirf Thomas Koved Harris downstairs to a cell

apart from tne other prisoners. During the interview the sheriff rewained
in the corridor, but when the reporter came out he noted a diamond in his
eve, The huge iron doors were closed, the bolt clicked, and the sheriff
and reporter went out into the glorious sunshine and to breathe the free
air, and we couldn't help entertaining a feeling of sorrow for poor, un-
Wubred Tom Harris, the perpetrator of one of the most awful crimes in
the history of man.

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GF AtzonwaA

ERSHiY

672 8G.

cause you caused all my hands to quit my
job, as I have a-man picked out and he is
going to kill you’; and that, therefore,
when deceased, and the others with him,
came to appellant’s home on the afternoon

of the same day, he believed that they had.

come there to execute Mr. Robinson’s
threat to kill him or to have him killed and
that he, in mortal terror, shot deceased, be-

Jieving him to be Mr. Robinson, his former

employer.

[3] It is true, as urged by appellant,
that it was not made to appear that appel-
lant knew deceased or that deceased knew
appellant. Appellant contends that the
shooting was accidental, for the reason that
he did not know deceased and, therefore,
had. no ill-will against him. However, it is
a well-settled principle of law that where
a slayer designs or intends to kill one per-
son but, through mistake, kills another,
“his crime is the same as if he had execut-
ed his intended purpose.” State v. Smith,
2 Strob. 77, 47 Am.Dec. 589; State v. Ken-
nedy, 85 S.C. 146, 67 S.E. 152; 26 Am.Jur.
179; Annotation, 18 A.L.R. 917. If there
was malice in appellant’s heart, he was
guilty of the crime charged, it matters not
whether he killed his intended victim or a
third person through mistake. Our in-
quiry, therefore, will be whether there was
such legal justification or excuse for the
shooting as would eliminate the element of
malice.

In 13 R.C.L. 821, we find the following: ©

“A person whose life has been threatened
by another, who he knows, or has reason
to believe, has armed himself for the
avowed purpose of taking his life, or in-
flicting a great personal injury upon him,
may reasonably infer, when a hostile mect-

‘ing occurs, that his adversary intends to

carry his threats into execution. The pre-
vious threats alone, however, unless cou-
pled at the time with an apparent design to
carry them into effect, will not justify a
deadly assault by the other party. There
must be such a demonstration of an imme-
diate intention to execute the threat, as to
induce a reasonable belief that the party
threatened will lose his life, or suffer seri-
ous bodily injury unless he immediately
defends himself against the attack of his
adversary. The philosophy of the law on
this point is sufficiently plain. A previous
threat alone, and unaccompanied by any
immediate demonstration of force at the
time of the encounter, will not justify or

15 SOUTH EASTERN REPORTER, 2d:'SHRIDS

excuse an assault, because it may be that
the party making the threat had relented
or abandoned his purpose, or his courage
may have failed, or the threat may have
been only idle gasconade; made without
any purpose to exccute it.”

[4,5] Under the testimony, therefore,
did appellant have reason to believe that
his life was in imminent, danger of being
taken? Were there such acts on the part
of deceased as could reasonably lead ap-
pellant to believe that the threat against
him would then and there be executed?
We will recapitulate a portion of the tes-
timony here. The State’s witnesses testi-
fied to the effect that deceased went to the
front door of appellant’s house and knocked
thereon, making no attempt to actually open
the door; that deceaséd’s pistol was not
in his hand at the time but that it was in its
holster at his side; that the Magistrate’s
Constable, Mr. Randall, whom deceased ac-
companied to appellant’s home, went to the
back of the house but that, at the time of
the shooting, he did not have a gun in his
hand but was, instead, lighting a cigar.
Appellant testified that deceased, with his
pistol in his hand, broke open the front
door. The statute does not provide that
an officer who knocks on a person’s front
door does so at his own risk, nor that the
person living in the house, hearing the of-
ficer knock and not giving such officer time
to make his presence and purpose known,
is exonerated if he harms the officer.
Therefore, even should we concede that
appellant’s life had been threatened as con-
tended by him, this Court cannot say as a
matter of law, that he was justified or ex-
cused in shooting as he did. The jury
must decide whether there was “such a
demonstration of an immediate intention to
execute the threat” as would justify or ex-
cuse the killing; in other words, it was
for the jury to say whether there was mal-
ice in the heart of appellant at the time of
the shooting.

[6] As to the second question: Ap-
pellant urges that certain requests submit-
ted by him should have been charged by the
trial Judge, and that, therefore, upon his
failure to do so, the jury was not fully and
clearly instructed with “reference to the
rights of a person in defense of his home,
in defense of himself and his children with-
in his home, and the rights and duties of of:
ficers in making arrests of persons un-
known to them,”

WEA

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STATE vy. HEYWARD S.C. 671
15 8.E.2d 669

to charge; and (3) in not granting his mo-
tion for a new trial.

As to the first question: Appellant con-
tends that the trial Judge should have di-
rected a verdict of not, guilty as to the

_ charge of murder against him for the rea-

son that “no malice had been proven by the
State” but that “to the contrary all of the
evidence tended to show and did show that
deceased came to his death while in his
act of an unlawful invasion of the home
of appellant and that appellant had a legal
right to defend himself and his home from

and against such unlawful invasion there-
of.”

[1] In the first place, was there an un-
lawful invasion of appellant’s home by de-
ceased? Appellant testified that deceased,
without making his identity as an officer
known and without hailing and informing
appellant of his purpose in being there,
came to appellant’s front door, with his
pistol in his hand, broke open the door
and entered the house, all in violation of
the statute expressly prohibiting such acts.
Testimony for the State, however, is to
the effect that when deceased went to ap-
pellant’s door, he knocked thereon but that
he did not open the door or attempt to en-
ter; and that deceased’s pistol was in its
holster at his side. Under this conflict of
testimony, therefore, it was for the jury to
say whether there was such an unlawful
invasion of appellant’s home as would jus-
tify him in shooting as he did in defense of
himself and of his home.

We will now turn to the decisions of the
Court and to the testimony in order to as-
certain whether there was any malice
shown.

{[2] In State v. Gallman, 79 S.C. 229,
60 S.E. 682, 686, the following definition
of malice was approved: “It is a wicked
condition of the heart. It is a wicked pur-
pose. It is a performed purpose to do a
wrongful act, without sufficient legal prov-
ocation; and in this case it would be an
indication to do a wrongful act which re-
sulted in the death of this man, without
sufficient legal provocation, or just excuse,
or legal excuse.” Also in 29 C.J. 1084:
“In its popular sense, the term ‘malice’ con-
veys the meaning of hatred, ill-will, or hos-
tility toward another. In its legal sense,
however, as it is employed in the descrip-
tion of murder, it does not of necessity im-
port ill-will toward the individual injured,
but signifies rather a general malignant

recklessness of the lives and safety of oth-
ers, Or a condition of the mind which
shows a heart regardless of social duty and
fatally bent on mischief; in other words,
a malicious killing is where the act is done
without legal justification, excuse, or ex-
tenuation, and malice has been frequently,
substantially so defined as consisting of the

intentional doing of a wrongful act toward:

another without legal justification or ex-
cuse.”

Appellant testified that after his crop had
been finished in the fall of 1925, he went
to work for a Mr. Robinson on a State
Highway near Yemassce; that at Mr. Rob-
inson’s request, appellant secured other
men to work on the same job; that appel-
lant continued to work until a few days
after Christmas when he quit; that while
still on that job, he asked Mr. Robinson
for $120 which that gentleman owed him
for work done at a previous time, but that
Mr. Robinson refused to pay him; that
after quitting he went to see Mr. Robinson
at Yemassee about the money owing him,
at which time Mr. Robinson told appellant
that he had “been the cause of many of
my hands leaving here” and that “he was
not going to pay me anything, and I said,
Mr. Robinson, if you work for a man and
you are not satisfied with his work, the
law says you pay him off and let him go,
and he said, you see I do not have to pay
you anything at all, and I said, I will go
down and see the policeman, and he said,
don’t you know I can have you killed, and
I said, Mr. Robinson, you don’t have to do
that, and he said, I have men to kill you
and will not be much trouble in doing it”;
that appellant started down to find the
chief of police but that before reaching
his destination, he saw Mr. Robinson with
a crowd of men which he thought was a
mob to execute Mr. Robinson’s threat to
kill him; that, therefore, instead of con-
tinuing his seach for the policeman, he hid
in a box car until later in the day when he
went to his home; that a negro, Allen
Simmons, brought a message to him that
Mr. Robinson was looking for him to kill
him; that on the morning of the day of
the shooting, Mr. Robinson came to his
home but that he was so afraid that his life
would be taken that he remained in his
house with the doors bolted and the win-
dows closed, and talked with Mr. Robinson
without opening a door or window; that
while at his home that morning, Mr. Rob-

inson said that “I am going to get you be-

hy the
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EWARD, Benjamin, black, elect. SC (Beaufort) A gust 15, 19h1.

STATE vy, HEYWARD S.C. 669
‘15 S.E.2d 669

held that this was not such “serious bodily
disfigurement” as entitled claimant to com-
pensation therefor. In that case this Court
approved from Black’s Legal Dictionary
the following definition of “disfigurement” :

“That which impairs or injures the
beauty, symmetry or appearance of a per-
son or thing; that which renders unsightly,
misshapen, or imperfect, or deforms in
some manner,”

The evidence shows clearly that respond-
ent’s right hand is rendered “unsightly,”
“misshapen,” and “imperfect.”

The respondent is a young woman en-
gaged as a waitress in cafes and places of
like character. Naturally her hands are in
constant use and in view of those upon
whom she waits. Her right hand 1s cer-
tainly “deformed” by the operations per-
formed upon it. It is thus described in the
record.

Two of her fingers have become con-
solidated and are stiff. The first or index
finger, runs diagonally across these, leav-
ing only for her use on that hand the thumb
and little finger.

She testified: “When I close it (her
hand) this finger (third middle) goes over
the other and I: cannot bend it * * *.
The: fourth’ finger is ‘bent. *°°*% .*.: It
stays that way all the time. * * *. It
isn’t straight. * * *, JI sleep in the
day, * * +

“Q. Is it because you are afraid some-
body will laugh? A. I do feel self-con-
sCidtis.e: F * *

“Q. What did you say about feeling of
inferiority complex because of the hand?
A. Lodo.”

In the case of Manning v. Gossett Mills,
et.al, 192° S.C, 26¢,. 6 S.E.2d. 256,257, the
claimant had by accident lost an organ of
his body. He was denied compensation for
“serious bodily disfigurement” because the
disfigurement was hidden by his clothes,
and could be seen only by close examina-
tion.

In the case of Stone v. Ware Shoals
Manufacturing Company, et al., 192 S.C.
459, 7 S.E.2d 226, 227, claimant was denicd
compensation for “serious bodily disfigure-
ment” under the Act because the scars on
his body were not ordinarily visible.

In the case of Johnston v. Sam FE. Finley

Construction Company, et al., 192 S.C. 392,
7 S.E.2d 1, claimant was denied compensa-
tion for “serious bodily disfigurement”

which he claimed on the ground of the loss
of an organ of his body. The denial was
based on the ground that the dishgurement
was not visible when claimant was clothed.

[2-4] We think the first of appellants’
questions must be answered: Yes; there
is evidence to support the award for
“serious bodily disfigurement.” The second
question must be answered by saying that
the award for “serious bodily disfigure-
ment” is not based on a functional disabil-
ity. While there is evidence relating to the
question whether claimant is handicapped
in obtaining employment, it was proper and
relevant evidence in determining the ques-
tion whether she had suffered such “serious
bodily disfigurement” as entitled her to
compensation on that score.

The judgment below is affirmed.

BAKER, FISHBURNE, and STUKES,
JJ.,and L. D, LIDE, A. A. J., concur.

m7
oO E Key NUMBER SYSTEM
T

STATE v. HEYWARD.
No. 15289.

Supreme Court of South Carolina,
July 7, 1941.

1. Homicide © 276, 278

In prosecution for.-murder of policeman,
whether there was such an unlawful inva-
sion of defendant’s home as would justify
him in shooting policeman in defense of
himself and of his home was for the jury.

2. Homicide G11
“Malice” as an element of murder is a
wicked purpose to do an unlawful act with-
out sufficient legal provocation.
“See Words and Phrases, Permanent
Iidition, for all other definitions of
“Malice”.

3. Homicide C17
Accused was guilty of murder if there
was malice in his heart at time of killing,

670 S.C. 15 SOUTH EASTERN REPORTER, 2d SERIES mn
regardless of whether he killed his intended Joseph Murray, of Columbia, for appel- | se /
victim or a third person through mistake. lant. “Ae és

4. Homleide ¢=111 Randolph. Murdaugh, Sol., of Hampton, a

: for respondent. |

An oflicer who knocks on a person’s front f ent :
door does not necessarily do so at his own fe
risk, nor is the person living in the house, CARTER, Justice. |

if he hears the officer knock and does not
give such oflicer time to make his presence
and purpose known, exonerated if he harms
the officer,

The record discloses the following facts m4
leading up to the killing of Paul B. Cardin, ae
and which are essential to an understand- |
ing of the case: That deceased, a rural q
policeman of Beaufort County, accom-

- Homicide G=2 ‘ :
5 a . a ; . panied W. H. Randall, a Magistrate’s Con- a
In prosecution for murder of policeman, * . a
; stable, to the Seabrook community of Beau- 3
where defendant alleged that he mistaken-

; fort Count; he Mr. Rand: ; -

ly thought that the policeman was a third . t Kounty, where Mr. Rand ull baie 80
ing for the purpose of arresting Willie !

person who had threatened to kill defendant, Heyward for-whom Mr Randall had a war 5
and that defendant shot in defense of per- =. . a

son and home, whether shooting was with Tt charging a misdemeanor; that they ;
males. was for the jury. took along with them a small negro boy, Gg
Paul Middleton; that Willie Tleyward and |
defendant, who were brothers, lived in the a |
same community but in different houses;
that deceased and his companions stopped 4
at the home of defendant for the purpose |
of getting information as to the house in a
which Willie Heyward lived, parking their
automobile to the front and side of the

6. Criminal law €=829(1)

Where reading of charge as a whole
Showed that portions of requests which con-
tained proper instructions had already been
clearly charged, and where trial judge had
already instructed jury on all material is-
Sues raised, and defendant’s rights had been

—

MLNOAAA
ti
Be

r bao fully explained, refusal of the requests was house; that defendant was at his home :

vi re) not error. when they arrived there; that the two of- f

<> J ficers got out of the automobile, deceased
5 7. Criminal law 2911 going to the front door of defendant's

_ The granting of new trial is in trial home while the constable went to the rear
a judge’s discretion. door; that Paul Middleton, who was left
ul in the car, could see the front door and &
’ 8. Criminal law €=741(1) also hear anything that might be said; that

UMIVERSI iY

The weight and sufficiency of evidence is
for the jury.

9. Homicide €=269

In murder prosecution, where testimony
required submission of the question of malice
to the jury, it was province of jury to weigh
the evidence and decide on its sufficiency
in reaching a verdict.

10. Criminal law €=935(1)

In murder prosecution, where evidence
on issue of malice was sufficient for jury,
and jury found defendant guilty, refusal to
grant new trial on ground that verdict was
unsupported by evidence was not an abuse
of discretion.

—_—_———_
Appeal from. General Sessions Court,
of Beaufort County; L. D. Lide, Judge.

Benjamin Heyward was convicted of
murder, and he appeals.

Affirmed,

the officers had no warrant for the arrest
of defendant; that when deceased reached
the front door it was opened and a shot
gun was fired from the inside of the house
by the defendant and the deceased received
a-load of number four shot in his stomach
from which he immediately died. It was
also conceded that the homicide occurred
about 5 o’clock in the afternoon.

At the spring, 1940, term of the Court
of General Sessions defendant was tried
before Hon. L. D. Lide on an indictment
charging him with the murder of deceased,
Upon being arraigned he plead not guilty,
and interposed the pleas of self-defense
and the defense of the home; and also
plead that the killing was both accidental
and justifiable. The jury, however, con-
victed him of the crime charged and he
was sentenced to death.

Defendant now appeals to this Court,
imputing error to the trial Judge (1) in re.
fusing to direct a verdict of not guilty;
(2) in failing to charge certain requests

At RA RAMA

LV!

*. qe

a ed

wt e 2

JACK (Slave), legally burned, Abbeville Dist., Se Cey Auge » 1825.

CURRENT NOTES

America’s Last Legal Burning at the Stake?—
The history of capital punishment in the United
States indicates that here as elsewhere man
has been put to death by his fellowman in a
variety of disobliging ways. Until recent dec-
ades hanging by the neck was the most popular
mode of dispatching felons, but we never relied
solely on the noose. On occasion we shot crim-
inals, starved them, beat them to death,
drowned them or burned them at the stake.
Of these, burning at the stake especially was
certain to send a thrill of horror through the
ranks of spectators.

Burning was never a fully accepted form of
punishment in America. Despite a suggestion of
acceptance in the Old Testament, burning be-
came too closely associated with the deaths of
martyrs and lost favor in the Western World.
Certainly this was true from the reign of
England’s Mary I who made torches of more
than three hundred stubborn Protestants.
Thereafter in the English speaking world the
legal burning of a human being was an infre-
quent and dishonorable occurrence.

Still, if legal burnings were practically nonex-
istent, the statutes which allowed them were
not always voided. Such was the situation in
South Carolina as late as August, 1825, when
an inferior court of two magistrates and five
freeholders tried ““Negro Jack” for the double
crime of rape and murder. Deciding to make of
Negro Jack a dreadful example, the court sen-
tenced him to be chained to a stake, soaked in
turpentine, and burned alive. The carrying
through of this brutal sentence may well mark
the last official and legal burning of a criminal in
the United States.

The burning of Negro Jack touched off a
movement within the South Carolina legisla-
ture to outlaw such a means of execution. By
1833 this movement matured and from that
date the amended slave code of the state read,
“On the conviction of a slave or free person of
color for a capital offense, the punishment shall

_be by hanging and not otherwise.”
580

The inferior court record of Negro Jack’s
trial is not extant. Nonetheless the sad story of
Negro Jack is preserved in the ‘‘Miscellaneous
Records of South Carolina” and in the chilling
form of an endorsed statement of account, here
reprinted, from a state constable to the state
treasurer. As an historical document this bill
for services rendered is probably unique. As 22
example of an executioner’s impassiveness con-
cerning his duties it is difficult to match.
STATE OF SouTH CAROLINA*

* The original is filed with the Penal System
Papers in the library of the South Carolina Archives,
Columbia, South Carolina.

August 1825 to Thomas Goodman Const. dr
To Summons five freeholders at 54.... $2.70
To Summons one Magistrate.........
Guarding of Negro Jack four day &

THT ESAA EE Tes SOY ei ae ae eS 6.00
feeding Negro Jack four days........ 0
Two waggons & teams one day a

getting of lightwood for to burn

TNC he ne oe cgay pati a ew ok ie al 6.00
4 hands one day Extra of the driving

Tomthe WaggOns. 20206. ete eA 2.00

paid black Smyth for ironing of Jack.. 2.0
two bottles of Spirits Turpentine at

SO ea is i: GS We tise Sco Plate incon oo 1.12%,
Chains for to confine Jack when burnt. 3.00
Executing of Negro Jack......:..... 3.00

$27 .36'y

South Carolina
Abbeville District

I John C. McGhee one of the Justices of th¢
peace for Abbeville District hereby Certify that
Thomas Goodman is a constable for this District
Regularly appointed, that I believe the charges =
the above account are just and _ reasonable —
From Jack Kenney Williams, Clemson College, S.C
22nd Nov. 1825 John C. McGhee, JP
—From Prof. F. A. Burtner, Jr., Clemson Cobege,
Clemson, N. C.

Juvenile Delinquency Problems Examined?
in Current UN ‘Review of Criminal Policy’—
The treatment of juvenile delinquents in Aus
tralia and New Zealand is surveyed in the latest

ee ee, Se Ok eT ae ee he Oe ee Hae ay ae nA’ =

The sheriff told him that if they were not tied, that he would infoluntarily catch

the rope. Jacobs apprehended that such would not be the case; for that he, came to die with
Christian fortitude, and not to struggle with death.

"Then Shaking hands with some who were near himy he submitted to his fate, and in a few
moments was launched into eternity," COURIER, Charleston, Se Coy 6-30-1829 (222.,)

The COURIER, Charleston, SC, June 9, 1829 contains, the lengthy letter of Governor
Stephen D. Miller to the counsel for Jacobs, dated June 3rd, in which he declined to
commute the sentence even though the jury recommended mercy, saying in part: "ese

In the application to this department for a pardon, the principal reliance is upon
the recommendation of the jury, who tried the case. The recommendation in such a case,
while it proves their sympathies as men, shows how little their judgments, as dis~
pensers of justice were influenced thereby, Knowing that those who pronounce the
last and most dreadful sentence upon life, cannot but feel the responsibility to be
great, and have their sensibilities awakened to the highest pitch of human kindness, vi
cannot respect a recommendation from them as much as if they had ‘been indifferent
spectators at t he trial, Indeed, I shojld consider it as extremely impolitic to
permit the public to believe that the recommendation of the jury to mercy, without
“stating the precise ground of it, should influence the executive. However salutary in
a particular case, such a recommendation might prove, I cannot bet regard it as ulti-
mately. hazarding the rights of the accused, Such is phe humanity of our law, that if
any one man of the jury does not assent to the prisoner’ s guilt, he is acquitted.

If a recommendation to mercy would be regarded as likely, to have an authoratitive
influence, it would be readily substituted as a compromise. of a doubtful ‘Case eee"

"His honor, Judge Colcock, on Monday, llth inst., passed sentence. of death on Shadrach
Jacobs, who was convicted at last Fairfield Court, for the murder of Andrew Feaster,

and who had appealed for a new trial, His case was argued last week in the Appeal
Court, now sitting in Columbia, and a new trial was refused. The murder was committed
in Fairfield district, on the 5th of February, 1808; and Jacobs was apprehended soon
afterwards, and committed to the gaol of Fairfield district, from whence he soon made

his escape, and fled to the west, perhaps to Florida, where he continued to reside

in safety until lately, when he was discovered, and: brought back, stood his trial,
and was convicted, He is to be executed, according to his sentence, on the 19th of

June, in Fairfield district." COURIER, Charleston, SCy May 19, 1829 (2/2.)

"The Court of Appeals commenced its session in this place on Monday last, all the
Judges present. On Tuesday, the case of the State vs, Jacobs, for the murder of
Feaster, which occurred upwards of twenty one years ago, was called up, and argued;
O'Hamlon for the pefsoner, Pearson for the State...Jacobs is now about seventy years
of agey and it is said, fought well in our Revolutionary struggle at the battle of
Eh Eutaw."' COURIER, Chezrleston, SC, May 12, 1829 (2/5.).

"We understand. (says’ the Columbia SPATE GAZETTE of the 17th inst.) that on Saturday
last at Fairfield Court House, the case of The State VSe Shadrick Jacobs was tried.
Jacobs was charged with the murder of Andrew Feaster, who was killed upwards of 21
years ago, The evidence agains Jacobs, was chiefly presumptive, “He was found guilty
of murder, bub recommended by the jury, to Executive clemency. We are also told that
he has’ applied for a new trial," COURIER, Charleston, SCy l-21-1829 (2/2 )

4 *

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CAMDEN

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PIONEERS OF WIREGRAS

Herrin}

225

den County survived by his wife and four children. His
widow married Thomas Bryson and they had lived in Savan-
nah only a short time when Bryson absconded with all notes,
deeds and other papers of his wife’s first husband, Absalom
Jackson (see notice by her in the Southern Centinel of Au-
gusta, issue of May 26, 1796). Soon after, she with her
children returned to Camden County where she died about
1813.

Mr. Jackson engaged rather extensively while living in
Washington, in buying up land-warrants issued to Revolu-
tionary soldiers, and speculating in them. At his death he
still owned some of these lands. In Camden he acquired
large acerages. On May 1, 1814, William Jackson and Mrs.
Elbert (who was at the time, a widow) deeded to their bro-
ther-in-law, Thomas Harvey Miller, their interest in the
Jackson home-place lands in Camden County, consisting of
1150 acres which had been deeded their father by John Gar-
rett on May 26, 1789 (see deed book “I”, page 296, Camden

Co.) ; in this deed the grantors are referred to as two of the
three surviving children of their father.

JACOBS, SHADRACK 1765-1829 WAYNE

Shadrack Jacobs was born in South Carolina about 1765,
and lived in Fairfield District, S. C., before coming to Geor-
gia. His wife’s name wag Keziah; maiden name unknown.

They had several children but the name of only one is defi-
mitely known at this time, Viz:

1. John b. 1790, m. Keziah Walker, Apr. 29, 1815,

dau. of Isham.

Shadrack Jacobs came to Wayne County in 1809 or 1810,
and lived there until 1829. He was Justice of Peace, 335th
district, Wayne County, 1817-1825, also militia captain in
same district, 1816-1821. He was a private in the War of
1812, serving in the company of Wayne County militia under
Capt. Isham Walker, 1813-1814, the company being raised
for the protection of the Wayne County frontier. Churzh
records of High Bluff Primitive Baptist Church show that he
and his wife were memberg of the church in its “arm” on
Big Creek, Wayne County; he was received and baptized
July 27, 1822, and his wife on July 7, 1821. He was clerk

S GEORGIA, by Folks Hubbards; Volume V3 Waycross:
Print Shop, 19),8 |

JACOBS, S)adrick, white, hanged at Winnsboro, South Carolina, on June 19, 1829.

"(FROM THE COLUMBIA STATE GAZETTE), Messrs, Fausts.-I was at Winnsborough on Friday, the
19th inst.. and witnessed the execution of S hadrick Jacobs, for, the murder of Andrew
Feaster, which took place more than twenty-one years agoe |
"About 2 o'clock, the unfortunate old man was taken from his prison and conducted by
the Sheriff, accompanied by a troop of Cavalry, and a company of Riflemen, to the
place where his life was about to be offered up as an atonement for the violated laws
of his country.
"The number of persons present to witness this distressing scene were perhaps more
than was ever collected together on any former occasion in the district of Fairfield.
I understand that this is the first instance, since the revolution, of a white man
being executed in this district. Every thing was calculated to make a deep and lasting im-
pression upon all present, The prisoner himself seemed conscious of his situation
and appeared perfectly prepared for it. No man ever met death with more ‘apparent
firmness and fortitude, c ‘
"after the Rev. Mr. Bell had offered up a prayer, in which the prisoner most devoutly
engaged, he got upon the scaffold, and looking around upon the multitude, with as much com-
posure as I ever witnessed, in substance said: 'You have assembled to behold the execution
of an unfortunate old man, who has come here in obedience to the laws of his country, to
suffer dedth, It is very probable that many who are now present will be shortly called to
the final account, without, perhaps, the same notice to prepare for the awful changes; and
the time isnot far distant, when you all will have to bad an everlasting adieu to
everything connected with life; allow me then, on this occasion, to say a word in relation
to the dread realities of eternity, and to conuure you, while the day is your own, to
make your calling and election, ee : : ;
"tT am no preacher, and situated as I am, on the confines of eternity, some may
suppose that it is not my province to recommend a course of conduct to others, when
my past life reproached me for having so much neglected it myself, But it is this |
melancholy fact, my better experience, the sins of my youth, and those of riper years,
that now force me to declare to you the importance of religion, and to assure you. that
without it no man can be happy, no man can be saved. Let me urge you, therefore,
fellow travellers to eternity, to embrace it, to adhere to its precepts, and suffer
not the vain notions of life to bewilder or lead you astray. God is merciful and
kind, and ever ready and willing to forgive the sincere penitent; but he will not be
mocked, He knows my heart = He knows my sorrow for sin = He knows the SaxHesHH ;
earnestness of my: feelings, and the truth of my repentance to Him have I prayed, and
through the merits of our Saviour, Christ Jesus, I hope to be saved. He died for us
all, he judgeth not: as man; he is merciful; he can fardon and forgive. I shall.
therefore meet my fate without fear, and an full confidence of a, blessed importality.
I shall die in peace with all mankind, and freely forgive all those. who forgive mee
Thaks be to the Lord, I feal strong on thés trying occasion, and may it be so with
you all, when you come to die, Fear not man, but fear God. Men can kill the body,
but the soul is immortal, - When we meat again, it will be under different circumstances,
and upon a more important occasion; and 'to that High tribunal I now appeal' in full
assurance that the judge, who shall there preside, seeth not a smen seeth, that he
wannot err, and that his darling attribute is mercye May God bless you all, Fare=
well,' a ; e
"Soon after the éld man had céncluded his remarks, he turned to Col. Moore, the Sheriff
and thanked him and Mr, Hassen, the gaoler, for their kindness and indulgence during
his confinement, He also acknowledged many obligations he was under to other persons, who
had favored him during his misfortunes, The Rev. Mr, Brearly had been particularly
attentive to him, in visiting him in prison, for which he was very grateful.
"Jacobs turned to the sheriff* 'I am now ready to die; and you can proceed to do

our duty as soon as you please,’
te wien the checice Gets is a most humane and gentlemanly man) replied, that he
did not wish to hurry him; that the time would not be out for near two hours. Jacbbs
then observed'an hour or two can make no “LX difference with me, and the people are
no doubt anxious to return home, and I am unwilling to detain them,’ The sheriff

then proceeded to tie his hands behind him, when he remarked that it was unnecessarye

Ey t
etya
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ote a a
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coi y a oe me eg EN ae tee ST TERN ME TS
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wor naerirn peat Pape or ye =e eee Se ee =

wr - Bistunf paras Analy Yas”
ae Ge ett arte wliga em CMe i icma
lrew—- Pa & Fp Lo ren pllecs aa A--

rake ym ice Poste oe KE

rm Cae ges ened hae An
% LOSR weil, an oe aati Santen
Oo feta le biflor pia The <i oc gs

wh, Lid laele ADP ; HAZ ib.
He “<< 25 ssc :
ae |

HARDIN, William, black, hanged Chester, S. C., December 16, 1904.
“A Legal Hanging At Chester.
“William Hardin, Colored, Hanged for the Murder of His Father-in-Law.
“Chester, Dec. 16-william hardin, colored, convicted at the November court of the murder

of Henry Sanders, colored, was hanged here today at 11:30 o’clock in the presence of quite a
company. After 14 minutes the attending physicians declared the body dead from strangulation.
The murder was committed on the 7th of Sepltember, and was most atrocious. William Hardin
was a son-in-law of Henry Sanders, who protested while Hardin was cruelly beating his wife.
Enraged by the interference of the father, Hardin seized his gun and fatally shot his wife’s

father and then crushed his skull with the gun barrel.”-7he State, Columbia, SC, 12/17/1904 (1/6).

“Chester, S. C., Dec. 16-Will Hardin, a negro who brutally murdered his aged father-in-
law last September, was legally executed by hanging today. He seemed to have neither fear nor
remorse and went to the scaffold silent and sullen.”-Raleigh News and Observer, Raleigh, NC,
12/18/1904 (2/7).

‘ 1875, on, among others, the following grounds;

‘ {wes not a legally

George, black,

MANU ,

hanged Chaleston,

THE DONAGHEUS MURDER.

Dennis R. Bunch, who isto safer the ex-
treme age of the law to-day for the mor-

SECON SEL
| HEB GALLOWS i
ae
Preparation for the Kxecution eof
Bunch and Hardeo—An Unsuccessful

_ ~- Begs to Seay Preecedings.....

1 ee ee the streets |
y that the

bad, through counsel, M. 8. Alien,
sodeavored to get & stay of execaotion from
Se Allen, who had bean to
Colum for the q

termine ite effect ag 8 stay proceedin
entil the appeal is beard. I mnat, therefore,
@eeline to make any order ip the matter.
; F. J. Moaxs.
In the face of this he served notices upon
the sheriff, solieitor and olerk, of which the fal-

lowing isa H
: vs. D. R. Bunch —Please to take no-
Goe that in this ease an has been taken
to te Supreme Court to be heard atthe next
regular term thereof, a¢ Coinmbia, from the
order or Judgraent of the Hon. J, P. Heed
prononnosd ian the case aforesaid on the u3d
of February, 1875, aod aleo that order or
3 e@ot prononpoed by the same judge in
the same case on the 7th day of Jane, A. D.,

1. Because in the tual of the said case there

tuted jary.

2, Becanse hie Honor, the presiding Judge

jae misdirected the jury at the trial of
case.

Honor, the presiding Judge
itr hi he ee case did, at the tried
hereof, charge t uryia res to mat
‘of fact. . oie nw =
An attempt was made to serve of this
DOLice upon Jadge lead. bat the Court re-
fused to acoept service. Whereupon Allen, at
1 o’cloak, in open court, moved for the follow-
ing order: ; -
The Slate va D. R. Bunch and Geo. Hardee.—
The above named prisoners, standing oon-
victed of murder and sentenced to be executed
by hanging to death on the 25th day of the
present month of June, having pow given

late Coart: Oa
efendants’ attorney,
ordered that in the sald several cases the ere
cation of the sentence and all other proceed.
ings be suspended and stayed, aod that the
said prisoners do remain in close custody of
the aheriff of thie county.antul the further

order of tha Court.

: Kitt, Dea Leb L
oe

der of Mr Jobn Donaghne ou the night of the
18th of December laat, was tried an Wadnes-
day aod Thoreday, Febtrnary 1&h and 11th, of
the preeent year, sod, after an abies defence,
was convicted of murder. The scroumatances
of the orime, which are probabiy fresh in the
minds of the public, are brefy ae follows:
‘Buvch wae a private on the pomios force, and
On the night in question was stassoned on Ki
street, near George street. Aboms half-pant !
o'clock Lieut Fordham saw Bameb on tie beat
in @ state of intoxication, aod ordered Mr.
Jobn Donaghue, also @ privase on the force,
to take Bunch to the Stattocmonse. phar
occurred until the two policemem had walke
down King street as far as Kenase's restanrant,
a few doors above Wentworth street, when
Bunoh, after violently curmmg hue,
drew a revolver and fred straacht at him fonr
times, saying, between each shot, “D—n yon,
le that euongh.” Danod wes thea arreeted,
and both on the way to the Smatonbouse and
on the morning after the oect=mnos expressed
ho regret, bat repeatedly made use of the ex-
clamauion, ‘I Lave killal one Ineb ae

THE LANIER WCE

Geo Hanlee, the perpetrasar of this crime,
was tned on the 17th of Febenary of the pree-
eut year, together with his two brothers. Jor-
dan and Hoyt Hardee, and after an elaburave
tral. the three brothers weee found guilty of
the ‘murder of Ntatea Lanuer, on the 4th of
July, 1474, at the rectory, Moock's Corner,
w the Pansh of St. Jubo’s Berkeley. Prom
the evidence brocght out om'the trial of this
oaee, it appeare that the Hariees were the
aig of a Fourth of Jaly barbecne and

roe, aud for this had hired the
“Rectory,” an old buildice. near Moncks Cor-
ner. Btaten Lanier. the Geonased, had come
to the barbecue, and with a party of eupport-
ers. was inclined to be rastous. Juntlan and
Hoyt Hardee came ont, aad after some words,
Lanier knocked one dows and rapped the other
over the heed with s saea. reodenug them
both hore du combat Geo Hardee. the eldest:
brother, then came out aad seeing the state of
affairs, went to the aneiecaoe of brotherw.
The wituesses for the defence state that
Lanier bad a« pistol axd levelled it at

Hardee, who ran isto the piazza
of the house, got a gun, and, while
Lanier had hie precod pointed at him.

Le (Hardee) bad fired the shot whieh killed
ier. The witnesses for the Ntate all
coucurred in testifying tha: Lanier had no pia-
tol and had not had ove sm his band dunng the
whole occurrence. As will be remembered,
Huuch and the three Hardee brothers were
senteuced on the 23d of Febrnary to be hanged
On the 16th of April fuisvenng. sentences
of Host aud Jourdan Bariee were commuted
2 the Goveruor to if fmsunment for life. On
the day apyointed for tise executiun of George
Harlee and Dannie Boneh. « reprieve of que
week was eguaed Ly tne Governor. In the
meantime Gov Chameria:n lefi the State, and
Lieut. Gov. Gleaves nuderwok to further re-
ve the prieover» wati the uth of May lant.
this day arnres. Shenff Bowen allowed
the day to pass, huldimg that Le had o0 authon-
ty to execute the sentence on that day, e0 uo day
was af that time logaiy set spart for that pur-
pose. This neceasta:ed the furm of a Terega-
tence, and on the 7th. awwezaut Banch am! Hardee
were brought inte curart and resentenced to be
hanged on the 26th me-ant, (to-day.)

‘ did not desire to bear argument

ter. )
f your duty, aod are entitied to
Sanit, at Sats been struck with the manner

| eoation,

Upon hearing the order reed, Judge Reed ai

i b
timated to the solicitor, who was gc aero

looked
ect. He said: “Mr. Allen, L have looks
nto thie matter very carefully and my ta is
thoroughly made cp in regard tot. ae
duty, a moat painful daty, which I am .
upon to execute, bat 1 know pothing but daty
in connection with this or vy | other matter
that may come befure me. As said to you on
the ocosaion of naming a new day for the ex-
cution of the judgment of the court inthe mat-
ter of Bunch aud Hardee, Ido not Sag baget em
that any caseis peuding against them in this

ooeseding
cou or growing out aby pr

a against them ia this yf ooh
All matters as to them bave rey

icated, so far as this oonrt is coo-
poco Aa eee po power to interfere to stay
their fate. As I said to you befure there ~ 1D
my judgment, no eartlily tribunal which has
that power save the Governor of the te
My judgment is annouvoed, and 00 ereneies?
can change {t. Ihave searched the boo
thoroughly with regard to the law in thin mat-
Mr. Allen, you have been seslous io the

th ja
in which the law hee been tampered wi
this case, and while I sit upon the gre i
ahall make it my daty to see that the law
enforced. Itherefure decline to make any

order in the pre

mises.”

action of the court ecals the fate of the
mat ndomennad they will Le exeotited to-day.
anlees the Governor intervenes, whick 2 not
es all likely. Both men have been cwmetantly
attending a senee of religious meetic which
are conducted in their rouma in the Jacl every
afternoon at 4 o'clock, and which are atrended
by the members of the congregstica ef Cen-
tenary and otber ovlored charches. Brmeroh ex-
hibits the same remarkable fortitude exhibited
by him at the time first appointed for his ex-
and both ers exprere ther
readiness to meet their fate.

Gibbee and Smith, the murderers of Mr.
Qeraty, who,ar: to be execated on the Mth of
July, are coafined in the tower, were they
bave been visited by clergymen of several de-
nominations. They do not, howeeer, attend
the retigioue meetings that are bekid m Booch
and Hardee's rooms. °
The gallows was erected last mmocth, and
atill stands in the southern pertan of
the Jail yard. It will be so srranged
as to enable the officers to hang boch men at
onoa, and with as little trouble as as possible
under the circamatancese. The final arrange-
ments for the execution were made last nigi:t,
and the hanging will take place im the fure-
uoon of to-day. A limited numtec of specta-

tore will be admitted to the Jail yard.

A DOUBLE RNECUTION.,

THE RANGING OF

The Religious Servi
Last Speoecheoc of
ecitemenmt im the J
Dengie BR. Bunob and
convicted of murder at
the Court of General
been thrice reprieved,

UNCH AND HAR-
DEK YES DAY,

im the Jati-The

Hardee, who were

Bearyary term of

@na, and who Yad

banged in the Jai}

yard yeeterday, in the of a crowd of
several thoosand Taost of them ool-
ored men aad women. impreeeion very! ,

geocerally prevailed

pardon the prisoners, of

crimes bad ertarted 0
office .was beaeged ets)
siou to the Jail yard. A

hele were issued, tnd the

ropes dangle.
on the beam, and
buudred pound iro
in a box built pear
was abut sight feet
ded into two compartm:

of the svn employ
This Lae was carried

takea ont in the seme
not vet known to the pa

00 arranged

At 19 o'clock, the r
AND COURIER were
whieh the
Hardee, who is 4
fused im the weetera
large and airy foun.
eutered the jail it was
twenty colored mea
wore participating 10
which was condnated

Chareb. (lev. Hardee,

browber, Hoyt Hard
George Jurdsn ia
lanser, bat
muted to impriecumen
tus mde, with his arm

from the same book
boce dreesed iu & Liack
mere pal

| epoodent

no excitement, and &
lent

¢
Fy
5S ¢

3
Es
Be
==
BE

had on a former
tive femctions and

sentences. These ramore for
foundauice, although th friends of the
prisoners spared no troabiin their efforts to
reacue them from the ewfidoom whieb their

soants fe oerds of admis-
dreds of dusky spp! Be yet rv

paired to the Jail yard, wiere hey remained
in the bot sun until the exegition took place.

THE Gallo,

support of the weight nt

as itis called, envelopedin a ab
miner.

ae to pertait jue Langiog
the prusovers at the same foment
THE COMDEMNY) MEN

Dy tow

tor of the Morne atrot
tly
eo lencher sarrounded

of th 1
rt ired oul of thecbarch and slugiox
ues, Hen ie oS uke wed om victed with

th» murd of Sisteu
whose senteice ba Leen
tfo life,
. The oumbmn

HH san

deinonstratione in
urler

: -eiaaags
Theee services wee ccndscted by 1@
tr i B Kaltere, oolced, o’ the African

E
i
;

tthe Lieatenant-

t com mate thelr |
od to be withont |

. The sheriff's
morning by ban

Ides at once re-

His name is

re fo: Tax News

admith! to he roome in

condemned mu wee confine’
full-bloded negro, was OO
wiry of tae ja, in a

Ti be repurters |.)

yooupled by abvat
gad women, who
religiow meeting.
JImob Legare.
Coleed Baptiat
comlaenned man,

hy book. His

com:
@ situng at
bis wok, singing
ed may
anc lgbt cacel-
in low, de-
e exhibited

ant,

wetedist Charch. and tbh ley T J. Abbout,
white of Centenary Oolor! Method:at Charch.
A nawber of colors) formes, neatly dreaced,
aint evidently belonging § the Letter clase of
the adored pepulationof the city, eat ou
benchee arrauged arouv the walle Baneh
maton @lench nextto w Hor. Mr. Maltere,
and sang from the sam@ook with him. He
was atured iu a darklue ooat, with Nghs-
oolored cCassimere panteind veet, and wore s
neat ive necktie. Hie Wturee wore a ghastly
smile, bat, in all other pjepects, be exlibited
the extreordiuary furtifie which hae been the
aubjece of so much poder dunog hie im-
Prwoement. In the ceatre of the room
wae a smal] table which waa placed
the communion sinie: the sacrament
be: hs, Sarwd iddmivistered to bim
by Nev. T. J. Abott. Bunot eung the
bymn which wae in fogresa ia a rich base
voice, and several pe during the service
aroee from his eeat > shake hande with the
members of the polio force who visited him.
One member of thevrce, a white man. em-
braced snd kiseed hinbefore Le waa called to
leave the oelt Aftes gen be Ly a lay mem-
ber of the congregaon, ‘the crowd eang the
bym=a. “How firm efoundation, ye sainte of
the Lord.” When thlast verse of this byma
was Decng sung, the ¢tire company first arcee
apd then knelt andBanoch uttered a fervent
sa on to thefkroue of Divine Grace,
pretacng it with thilord’s Prayer, which he
Tepeared with a dimiot tone and with much
sarnestness. Hie °we snd children had teen
10 #ee him on the pr¢ious day, and’ bis mother
bad ‘eft him only anhour previoum Noue of
bie relatives were preeut at the time.

Hardee has no retives in che Mate except

his two brothers, bt both men have been at-
tended and faithfuy administered to by the
pm of the vaous eolored churches io

TRE SCENE IYTHE JAIL YARD.

rs ig lever, _ egy who — aot out of the windows
courpni and scocealmen Go ¢ time when thre was sone excitement
the ober for the edto do the banging n the crowd, oue ifthe prsovers shouted
ito the ‘sweat but, "rom behind the baricf his wiodow:
eet, and waa 0 poeple, have patense; the show will begin
lirectix,” which nadethe dusky crowd beluw
bl). The gallows #ae acgh immoderatay. At 12 o'clock a romor

“Hold

Tecisted in the word to the effect thata

DGiee the crowdinculged in comments and
hewems. But afew momenta after 12 the
er-Z arrived, am it wan at once known that
ere was no hope for the dvomed men. At
ia tbe gates leadng into the jail yard were
#2 open, andle deuse mass of ootcred
ie, who throrged the street in front of the
surged into ue yard, filling every availa-
wpece from wich a sight of the galluwe
de obtainec

ee had arried. and for the next teu
n

PEPaARSG FO THE END.

At balf-peat I2o'clock the sheriff gave no-
tioe to the condenned men, through the minis-
ters wo conductad the scrvices, that the exe
Cawoa would take place at 1 o'clock. and it was
at this time that » ctange began to be obeerr-
od in the manneraod bearing of Bunob. While
Le preserved the same smile on bis feapnree
and oonversed asfreely as he bad previously
dove. be seeme to more hystencal aud

Ibo

‘sh
petect: anmoved
bt to the weet of
was iu

1 ner, ae tho
, tO mee his
‘ Jorped in signing the hymn, “Bye aud bye we

To these

“momeats later
The

the prisoners to the
, immediately beng
ihe.” -

wae arranged in the followin

sang aud praye in a more demonstrative
mancer. Hardee. on the other hand, seemed
to Lesucne more settled and calm in his man-
h bs had fully made op bie mod
ate. In Banch's room the crowd

sail meet on the beaatiful shore,” aod sang
It with indescribable sweetness. At ten min-
Utee Lefore 1 o'c.ock the ministers. in compli-
anos with @ not.ce {rom the shenff. warned
the doo men to prepare for the gallows
They aceo atated that as mauy of the members
of thechurch as dehred to do so would be
allowed to attend the prisoners tothe gallows.

The bymu, “This world is not my
home.” was sung, and the crowd im-
mediately crowed aroand the preoners

to take the lant farewell. Ae Baneb sehouk
hande with those who came to bid him good.
bye be said, “Lam going to Heaven and hall
look fur you.” To another he seid, “Ive got

j2 crows in Heaven and am Aged Unare w get
ALT Hanlgo wok leave of bis.

Srisnids with

room,

t@ dake leave of Banod
e Ne .
ibe ie.

fore you, bat

- good heart. brow
Row, aod then went to his room.
shen:®? the room to eecort
willows, the con

eregation
@ waters to sing the hymao, ‘Wil!

THE Wakce TO THE o4!.Lows

wen with the pemoser, , order.

M.
Pe rgahG Siler sae the

Hardee.

TS SOS

, Ca20

EZ G, e935 C7

the :
@lored women whe were in the yard. Fey THE MNaL scent.
and shouted In the wildess | The prisoners were then bound by Sheriff
manner, anu ® wee some moments before | Hheveates eames by Depaties Burke and Usten-

order wee anfiaten Uy restored to allow the

dorf, aud were prepared for their exit from

Binal services to in. Whea the prsavers
Qrrived atthe face the Losec Ge wee a Pi Fay EB ne oe nary wha on rate y
‘ Z the operation assisted the o

Wile he ee meed tn that direction, and it was Ceres as mach as be could. During this time

ide diftcalty that the police the crowd were singing, “Walking throagh the
sould keep the epoloeure olear. Arrived ag e -

Kates of the New Jerusalem, Bunoh, as here-

Pei gut ie Yhe coodemne! men were Placed fore, singime with them and Ha:dee remaip-

ender the ropes which bong from the fatal ing mute. When the Bberiff « proached Bauch

beam. Hardee remained with bis head coven Be, 2 .

#1; Bane bat. The services ec: ) 4a Ue lue arme. the latter exclaimed in very

: were | excited and lood tones, “I have fought the
ua Buneh, who reed « part of the 15th and i have kept the faith. Thank God
6th ‘apters ef Be Julo io a load earnest yee Hght. I have kept the faith. =r :

Volos, aud with great emotion. The hand In there is & crown of klory 6 nina oe re

mhich be held the ssared book did not trembie ee “Seth-hik’ pikes ee i os

for an instane, mod the readiag, which occu. eons ye fh . sy gs OE ona only b
Piel about dftees minutes, was dune io Clear, “ee .@ i << f pied rid Bs
distines topes." he reached the cloaing ee eee fe in bol ie ull
words, 9 sigs tremor wag Obeerved in his womnet, Mteet 4 & at h hype iL
voice, aud from that time until the cap wae ad- eine tee bail ans bambi neene wax jae
fonts Over bis eyoe Lis Seitation seemed to fully adjusted around the ueck of each, care

: 53 | being takea to place the knot next to the caro-

+ THE STATEMEXTS OF TR rRiaonEns. tid artery. A white cap was then drawn over
After Banod bad ooncladed reading the the faces of the doomed men. and at a wiynal
sages from the Honpiures, which hat ‘ih ag ‘the lever ~2a moved and the bodies Iauached
leoted by himeelf, © Hardee was aakal inthe air. The weight fell at forty minutes
if Le wished te may anythidg. He thea sad. p&et 1, and as the bodies were holated swiftly

1 @ clear yoses, without the alightess tremor, 10 the air there wae a most heart-reoding
and with & pecfectiy pataral emile laying over shriek frum the crowd. Women tore their
his features - /*J «ape God thas 7 have bad bair, screamed io shill tones, and carried on
Ume ance 1 have been iu priscca to make my ia the moet frantic manner. while the men
| perfect with Const. I am more than |’ ewayed-to aod fro, uttering distressful groans
| saubful to ube abenff and the Jaulor for their |° and strgimg stout in such « manver
| Rind Induhpence to me, and [ wonld keto ask an to redder m difficult for the Force to keep
Mr. Nymmee if I bave acted as | ought daring the crowd from the Kulows. In 88 seconds |
MY say withie these walls.” (Mr. Bymmes after the Hardee's body ceased to show
here answered shat his coadnet had been per- *1¢U8 of life, and 10 Pies later Bunch's
feMly sauefectory, and was withoat reproach. ) Lody also ceased to move. The jail yard was

cooumeed: “I think I can Pert from then cleared of the crowd, and the bodies, af-
thie world ip - Tbave got no trouble oa ler remaining euspeoded for 30 minutes, were
my mind ay wh and J want God's wil] to be pronounced Sead by the jail physician, and
done. Wharewer fe God's will fe my will, 7 were cut down and delivered to the friends of
have no Au:gosity io my breast ayaines any the deceased. Hardee was buried yeaterday
en OF wumen. Tem at perfect even afternoon by the congregation of the Morns
with the beople that have brought me here, street Bapuet Charch, and the body of Bunch
for I maay cay, gentlemen, asl have said be. | Waa Sent to the residence of his wife, in Beaa-
fore, that | ase placed in a false Hon. | | fain street, aud will be buried to-day.

kuOW itte too Jale bow to say thie, and am The crimes foe which theee men paid the
ready tO atade by God's will. I have forgiveu penalty of their life are eull freah in the
them all, foe they did nut know whag they were minds of the commanity, and were briefly re-
doing. If they bad known the angel of God Capitulated im verday’a paper. Banch was
| they wouts never have sworn me as executed sor murder of Policeman Jubn
they did on tie witsees stand. t I furgive | Donaghue on the 18th of December last, sod
them all, asd J pray to Qot to forgive thea as Hardoe fur the murder of Staten Lanier, at
I have dune. may they find the Pesce that | Mouck « Corner, on the 4h of July, 1874. The
b, Dave foond im mty Lam ready todie if ‘last words of Hardee, as the cap was palled
| me O88 bape | Ovoe hig eyes, were, ‘I am dying an
PC kca's erareurrr. : man.” Busch eald nothi when the sheriff

On being aekedif he hal anything to say took Inave of bim bat hod bless yon, Mr.

HRunch cvo & etatement, which he | Shera.” RY. > .
evidently : but broke down tn it. yA QUEER PROczRDING. .

Ho said: “I would like to retnm my thanks ' When the bodies Wero ont duvwn from the
reba ented ac naan Privileges that they prlhows the eorousr empai,elled a jury of tn-
‘have r. 3 . yo
| heartfelt thanke = gf then he ceased “eran? SQte0t, composed of fourpeen white and col-
ling. The Rew. Smcob Legare delivered « short ‘

‘prayer, which was frequently Interrapted by ored citizens. The jary were taken to view
We ejaculations of Bunch, Hardee remaining the bodies. and were then told by’ ‘the coroner
shea A eu and *pparently unmoved. Then thas they shoald a ® verdict of sen
apeb, Io ® very firm yotce, which contrasted ble homiciie. Thia y Wéfueed to fod,

Strangely with his hysterical manner, read out after some discussion, domng whigh sharp
® hymn eselecreg by himself for the Occasion words peased between the coroner and some at
some twO Moethe ayo, and beginning: “What tbe members of the Jury im retaton to the
le there bere ta court my stay, 10 hold me back right of that officer to partsm pate in the deli be- |
from hesven.™ This he © ined" to the mem- rations, the following verdiet was agreed upon: |
bers of tbe ehurch who Were standing near "That the deceased came to their deathe ander
him. and wo Sang it in company with him. the execution of the law '” Coneilerable sar. | ,
a ‘on wae being sung, Hardee put Priee was manifested at _— yee ° wrt

“fm hie ket, took ont Many pernans exproesed opinic i

& piece of tabasco, from chin be bit a chew, was van preced ented, The coroner states, on
and tossed the piag over to his brothers, who the other band. tbat he had been advised thas
were 5 Dear in the custody of two it wae alwars onstomary to hold inquests upon
depaty sh Danog the singing and the the bodies of persone who were hanged, and
reading of the lines, Banch frequeaotly made that he did it in thie instance in fu)Alment
OXtravagant and seemed to Jaber of what he thonght were the requirements of
Under great exatement. A short er from the law.
the Rev T. J. Abbou concluded lexsseednee ~~ sea
aad the j were at once for

@
the erecutioe. The friends of bo meno

crowded aromad them to take a Anal farewell.

Every time the bell rings I shall loo for

ebook b with hi
' for you in Heeven,”

To one of the re re, who

m, he said, ‘“{ shall look

ea ne ee

eed

15 SE (2nd) 669 ~ HEYWARD: 68 SE (2nd) 09 - HARVEY.

(Peo WOAO FF

HEYWARD, Benjamin, black, electrocuted South Carolina (Beaufort County) on August 15, 191.
HARVEY, Smith, black, electrocuted South Carolina (Beaufort County) on January 25, 1952,

3 al
= Ss
KS

HIGH SHERIFF
LOW COUNTRY

Edited by
KENT W. NICKERSON

Published by
BEAUFORT BOOK CO., INC.
BeaAurort, S. C

Giactienma — — _ - ee ee ne ne

HAMPTON, Lawrence ftge 30

(Need confirmation) |
Was to have been hanged at Greenwood, S. C., on 8-28-
1908 for having killed another black at a church festival
a year of more before, the jurors and other citizens ©
petitioned and Gov, Ansel granted a respite until Oct,
16, 1908, The telegraph lines were down and Governor's
secretary, A. J. Bethea went to Clinton on train and was
able to get message containing respite to sheriff over
the Seabord Railroad line,

s |
tie on 0-6-1710 (
Executed “Cylumbia S& pee) 107/08 | :
Per The State (Co Raect White -

‘pane WAS
Nichws nee

. oe 43 / °° UNIVERSITY OF “LABANIA

7 SCHOOL‘ LAW

Copyright © 1970 J. E. McTeer
All rights reserved. This book may not be
reproduced, in whole or in part, in any form
(except by reviewers for the public press)
without written permission from the publishers.
Library of Congress catalog card number 71-125-934

Standard Book Number 910206

DEDICATED TO JANE LUCILLE McTEER
MY WIFE

Published By
BEAtrort Boox Co., Ine:

BeAvFort, S. C.

Printed in the United States of America by

Tue R. L. Bryan Company, Cotumsta, SoutH CAROLINA.

Chapter IT

MURDER

ALTHOUGH MANY OF THE CASES I had to contend with as
sheriff were unique to the Sea Island area, such as those dealing
with rum runners and root doctors, there were also aspects of the
job that I shared with sheriffs and law enforcement men every-
where. This was the realm of ordinary crime, unimportant in some
cases and serious in many others. This work is the common denomi-

- nator of a law man’s work, and always forms the’ bulk of his job.

Beaufort County, along with every other county in the nation, has
a daily crime rate. Few days pass for any sheriff anyhere that don’t
bring at least one new breach of the law into his files. These occur-
rences are conimon and universal, but are often quite as interesting
as the more unique cases. This is the bulk of the sherift’s “profes-
sional diet,”-and includes everything from minor violations to mut-
der and rape.

When that terse call comes, “Sheriff, ther’s been a murder!” the
entire office knows that there will be no rest until the last clue is
followed and the offender is brought to trial.

There is no statute of limitations on murder, and when I took of-
fice in February, 1926, I made a list peal unsolved homicides, some
going back as much as twenty years.4In one such case Deputy Car-
din had been shot down by two brothers while he was serving a civil
process. The murder had been committed six months before I took
office, but there were some leads that remained to be followed up, and
seven years later I found the first of the murderers. He testified that
his brother was the one who’d fired the fatal shot, and he received a
life sentence in the state penitentiary. Fighteen years later I ar-
rested the second man in Cleveland Ohio. It had been a long trail
ona slim lead, but I knew that one day he would apply for his World
War I benefits. He did, and thereafter died in the electric chair. }

[ 42]

MURDER

Seven years before I became sheriff a magistrate’s constable w

~ shot and killed while riding home on a wagon with his wife sitti

beside him. The murder took place on Hilton Head Island, and foi
years later I arrested the murderer on Hilton Head. He was tri
and found guilty, but escaped the death penalty because of his <
vanced age.

There have been cases where I didn’t get convictions, when
brought suspects to trial; but there was only one case that complet.
baffled us, one in which no arrests were made.

A young colored boy went to visit his aunt Clarissa Middleton.
feeble woman who was in her eighties. She lived alone in a cot
fortable two-room house and had many relatives who regularly se
their children around to help her with her housekeeping and chor

Going to help, as usual, the boy opened the door and went insic
only to come out screaming a second later. He ran home to |
mother, terrified by what he’d seen. His old aunt lay on the floor
a pool of blood, hacked to death with her own axe.

When I got there, I found the body on the floor near the fireplac
She had obviously been trying to start the fire when the killer enter
and attacked her with the axe. She had taken several blows, the fir
apparently delivered as she stood facing her assailant, the rest giv
obviously just to make sure she was dead. He had hacked away
her with great force as she lay on the floor, and the body was a ho
rible sight. .

Her belongings hadn’t been searched, probably because it w:
general knowledge that the government checks were sent to a loc
undertaker who administered her funds. (The undertaker was in je
at the time and couldn’t possibly have committed the crime. )

It was a sadistic killing, and certainly not one that ran true -
form. The entire countryside was alarmed and on edge; mar
believed that a maniac was on the loose. The horrible nature of tl
death aroused and frightened them, and everyone wondered wt
would be the next victim.

Information came pouring in shortly after we began our investi:
tion, but nothing fit together. We made several “pickups,” but a
had airtight alibis and were released. We followed every clue to i
end and only one name kept cropping up, but there was no motiv
no past record. It just didn’t make sense.

_ After three weeks of intensive interrogations my mind was foggec
I knew that the constabulary of the day was more political tha
efficient and wouldn’t be of much help. There was no highly train
state law enforcement division as exists today, and the only sour

PATROLMAN EDWIN D. MILAM
/ noni?

On December 25, 1934, Patrolman Milam, a motorcycle officer
with the South Carolina Highway Patrol, was attempting to disperse
some rowdy blacks that were disturbing the Christmas services ata
black church on U. S. 276 between Mauldin and Greenville, South Carolina.
Milam had been stopped by an official of the church and was acting
at his request. Those causing the disturbance were not members of
the church. : att on

Milam told the disorderly persons to disperse and go home.
This order was met with curses and one subject pulled out a concealed
.32 caliber pistol. As Milam attempted to disarm the subject with
the pistol, the man who had been cursing started striking at his
back with an open knife. A struggle ensued between Milam and the
subject with the pistol. Several shots were fired and Milam was
struggling to get the pistol away from the subject when he was
knocked to the ground by being struck in the back of the head with
two rocks by the subject who previously had tried to cut him with
the knife. After Milam was down, several more shots were fired and
Milam's .45 caliber pistol was taken from its holster and fired through
his neck. Edwin D. Milam thus became the first South Carolina Highway
Patrolman to be killed in the line of duty. :

The two subjects, named Harry Hill and Carnell Luster escaped
into Asheville, North Carolina where they were apprehended on
December 27, 1934. On: Re

Tried and convicted for murder with no recommendation for
mercy, Harry Hill and Carnell Luster, after the usual delays and

appeals, were electrocuted on Friday, December 20, 1935.
ET

426 S.C. 182 SOUTH EASTERN REPORTER

by the county judge, the motion being “Whereas the person whose nam d
based upon these grounds: (1) That the address appears below is a duly a a ed
summons and complaint in the action were organizer for the above Sante pues
never served upon the defendant or upon tions which are chartered bs the Sete a
any of its agents or servants, and there- Illinois and under the strict "furisdies : a
fore the judgment is utterly null and void; the Illinois Insurance etstaesont it he .
(2) that as shown by the affidavits the by meets with the approval of tha Peta
judgment was procured against the de- ciations for L. F. Simeeen, it No 4 Pied.
fendant by mistake, inadvertence, and ex- mont, S. C., to interest other eli “il le a
cusable neglect ; and (3) that the defend- sons to share in the benefits of vee ‘Raab:
ant has a meritorious defense to the ac- ciations by becoming members thereof mr
tion brought by the plaintiff. to act for them in submitting applications
The motion was heard by the county for the approval of the Associations. ;
judge upon the complaint and affidavits “In witness whereof, I have hereunto set
submitted by both sides. By his order he my hand and Official Seal this 26th day of
refused the motion, and it is from this Sept, 1932. ”

order that the appeal is now taken to this “[Signed] Frank W. Williams, Pres.”

court. i
L. F. Simpson and Dr. Frank Simpson

The exceptions raise only the two fol- are one and the same person
lowing questions: i i .

In his affidavit, Dr. Simpson says that

(1) Was appellant doing business inthe acting as such “organizer,” he solicited and
State of South Carolina at the time the secured applications on the company’s
policy was issued? forms for benefit certificates in the de-
fendant company, charging $4 as a mem-
bership fee, and $1 as an enrollment fee
with each application; and that he retain-
ed the $4 as his compensation, and for-
warded the applications and the enrollment
fees to the defendant at Rockford, Ill. The
transaction would thereafter be completed

Both questions must be answered i mai
in the b Ww
affirmative: a a between the defendant and the ap-

“(2) Was the summons and complaint
served upon an agent or servant of the
appellant? (If it was not, then no valid
service was made, the judgment would be
void, because of lack of jurisdiction, and
should be set aside.)”

An examinati i
ecual be aay) sea Exton sub- [2] The only conclusion to reach froma
kite the eranke ice oe the hearing consideration of these admitted facts and
ie y judge fully justified his the evidence as a whole is that the de-

° fendant-appellant adopted and pursued a

[1] It is the settled rule of this court plan for the furtherance and transaction of
that, if the circuit court (here the county its business in the state which involved a
court) finds as matter of fact that the flagrant violation of the Code sections un-
foreign corporation is doing business in der which this action is brought.
this state, and that the person served is
the agent of the corporation sued, such
finding is binding on this court, unless there
is no evidence to support such finding. The
question then becomes one of law. March
v. Union Trust Company of Maryland, 175
S. C, 291, 179°S. E. 34, and cases therein
cited.

[3] The county judge was amply war-
ranted in holding under the evidence that
(a) L. F. Simpson was the duly authorized
agent of the appellant at the time plaintiff's
policy was issued and at the time service of
the summons and complaint was made upon
him; ; oom appellant was doing busi-
ness in this state i i sa

_The defendant, in an interesting sig- ance company, both ie ae eal
nificant and highly revealing affidavit, policy was issued, and when the summons
made by its executive director, outlined in and complaint were served; and (c) that
considerable detail its method of doing busi- the judgment in this case ‘was not taken
ness in this state as an unlicensed insur- against the appellant through its mistake
ance company. Therein it is stated that in inadvertence, surprise, or excusable nee
September, 1932, it issued and delivered to lect. Forbes v. Kiness & Co., 174 S. C. 24
L. I, Simpson what is termed a “Commis- 176 S. E. 880; Richardson : Frigidaire
ries of Authority,” which reads as fol- Corporation et al., 168 S. C. 473, 167 S. E.
ows; 681; Dyar v. Georgia Power Company, 173

STATE v, LUSTER 8.cC. 427
182 S.E.

S.C. 527, 176 S. E. 711; Abbeville Electric ble, where defendants did not plead self-de-
$..C. 047, oe : -

Light & Power Company v. Western Elec-
trical Supply Company, 61 S. C.-361, 39: S:
F, 559, 55 L. R. A. 146, 85 Am. St. Rep.
390; Thompson v. Queen City Coach Com-
pany, 169 S. C. 231, 168 S. E. 693.

All exceptions have been considered,

“and are overruled.

AS ig a Mah iS

It is the judgment of this court that
the order appealed from be, and the same
hereby is, affirmed.

STABLER, C. J., and CARTER, BON-
HAM, and BAKER, JJ., concur.

’
STATE v. LUSTER et al.

No. 14173.

Supreme Court of South Carolina.
Noy. 15, 1935.

1. Homicide 296

la prosecution for murder of state high-
way patrolinan, instruction that highway pa-
trolman cannot arrest without warrant any
person violating, or attempting violation, of
other than highway laws taking place off pub-
lic highway, held properly refused, where de-
ceased was also a state constable vested with
all powers of state peace officer (Code 1932,
§§ 8096, 6004).

2. Homicide 296

In prosecution for murder of state high-
way patrolman, instruction that deceased, be-
ing state constable as well as highway patrol-
man, could arrest without warrant person
off highway committing misdemeanor, held
proper (Code 1982, §§ 3096, 6004).

3. Homicide C= 111

Failure of officer clad in uniform of high-
Way patrolman to advise defendants that he
was also state constable did not justify homi-
cide in resisting arrest (Code 1932, §§ 3096,
6004),

4. Homicide G>296

In prosecution for murder of state high-
way patrolman, instruction that deceased, be-
ing state constable as well as highway patrol-
man, could arrest without warrant person off
highway committing misdemeanor, held not
error on ground that highway patrolman fail-
ed to advise defendants when attempting to
make arrest that he was also state consta-

ense.

5. Homicide €=30(2)

All present concurring in murder are
principals therein, and death and act causing
it is in law act of each and of all, and there
is no distinction in degrees of their guilt or
measure of their punishment or nature of
their offense founded on nearness or remote-
ness of their personal agency respectively.

6. Homicide 305

Charging law regarding accomplices, aid-
ers, and abetters in murder prosecution
against two defendants held proper, as stat-
ing law as to liability of one who was pres-
ent assisting another in commission of fel-
ony, where one defendant pleaded alibi and
state offered testimony that he was present
until deceased was killed, aiding codefendant,
and both defendants fled together from death

scene,

7. Homicide C5

One who inflicts injury on another is
guilty of homicide if injury contributes medi-
ately or immediately to other’s death, and
fact that other causes contribute to death
does not relieve actor of responsibility.

8. Homicide €=268

Where state’s testimony tended to show
that both defendants participated in deceas-
ed’s death, that one defendant shot him and
other struck him on head with rock and lat-
er fired shot, and physician testified that ei-
ther of bullet wounds or blow on head would
have proved fatal, questions of how deceased
came to his death, and who was responsible
therefor, held for jury.

9. Criminal law €=913(1)

Whippiug of state’s witnesses by officers
on day following homicide held not to require
new trial of murder prosecution, where wit-
nesses stated that they were relating on trial
true facts concerning homicide, testimony of
other witnesses, who stated that they had re-
ceived no unkind treatment, was sufficient
for jury on factual issue of killing and re-
sponsibility therefor, and one defendant ad-
mitted shooting.

Appeal from Common Pleas Circuit
Court of Greenville County ; C. C. Feather-
stone, Judge.

Cornell Luster and Harry Hill were con-
victed of murder, and they appeal.

Affirmed.

L. E. Wooten, D. M. Feild, and C.S.
Bowen, all of Greenville, for appellants.

€=For other cases see same topic and KEY N

UMBER in all Key Number Digests and Indexes

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498 S.C.

“IG Leatherwood, D. B. Leatherwood,
and T. A. Wofford, all of Greenville, for
the State.

STABLER, Chief Justice.

The defendants, Luster and Hill, were
convicted of the murder of E. D. Milam,
and were sentenced to die by electrocu-
tion. They have both appealed to this
court from the verdict and judgment, and
from the refusal of the trial judge to grant
their motion for a new trial.

The evidence for the state, as it appears
in the record for appeal, tended to establish
the following facts: At the time of his
death, Milam was a member of the State
Highway Patrol and was wearing the usual
uniform, badge, and other insignia of a
patrolman. He was also a state constable,
having been duly commissioned by the Gov-
ernor under section 3096 of the Code “to
enforce the provisions of all the criminal
laws of this State.” On the afternoon of
the day of the homicide, December 25,
1934, a Christmas celebration was being
had at the Laurel Creek Negro Church,
which was approximately 200 yards from
the main highway leading to Columbia by
way of Simpsonville and Laurens. A
schoolhouse for colored people was situated
midway between the highway and the
church on a private road leading from one
to the other. During the celebration there
was a disturbance on the grounds, caused
by some of those in attendance, and certain
members of the church made an effort by
telephone to get the sheriff of Greenville
county to come to the scene of the trouble,
but failed at first to get in touch with him.
After the celebration was over, about 5
o’clock in the afternoon, an old negro by
the name of Means, an officer of the
church, on reaching the highway, saw the
patrolman, who was traveling on his motor-
cycle, and asked him to arrest those who
had participated in the disturbance. In
response to the request, Milam rode by the
schoolhouse and stopped between there and
the church. where the negroes were gath-
ered. He got off his motorcycle and in-
quired what the trouble was and advised

those present to go home. Hill cursed him
and stated that they would go home when
they got ready, and Luster told him that
he did not have any business out there,
but that his place was on the highway.
The last-named defendant then took from
his person a concealed pistol which Milam
requested that he turn over to him. Luster
refused to do so, and when the officer

182 SOUTH EASTERN REPORTER

started toward him he’ backed away; the
defendant Hill being close behind striking
at Milam with an open knife. -The officer
then attempted to take the pistol from Lus-
ter, and after a “scuffle,” in which they
went some distance, they fell to the ground
Over a terrace, and one shot was fired.
They then got up, Luster having Milam by
the leg, and continued to scuffle over the
weapon. In the meantime, the defendant
Hill, having removed the motorcycle to
the opposite side of the church, returned
to where the struggle was in progress. He*
had two rocks in his hands, and struck the
officer on the back of the head. Milam
was thrown or knocked down, Luster fall-
ing with him, and two or three shots more
were fired. Luster then ran away in the
direction of the church leaving Milam on
the ground. The defendant Hill, who re-
mained on the spot for a moment, took the
officer’s pistol from the holster in which
it was contained, and from which it had
not been drawn, and also fired a_ shot.
It was found that a bullet had passed
through Milam’s neck, and that the back
part of his skull had been crushed in at
least six places and brain tissue was oozing
therefrom.

The defendants left the church grounds
together, and that night pawned both pis-
tols and escaped from Greenville county,
but were later arrested in Asheville, N. C.,
and carried to the state penitentiary in
Columbia. The sheriff of Greenville coun-
ty testified that Luster had stated to him
that he had shot Milam two or. three
times, and that Hill was there at the of-
ficer’s back striking at him with a rock;
but that ill, in whose presence the state-
ment was made, denied any participation
in the killing whatsoever,

On learning of Milam’s death, local of-
ficers and highway patrolmen went to the
scene of the trouble in an effort to appre-
hend the slayers, but difficulty was en-
countered in finding out at the time who
had actually participated in the homicide.
A number of those arrested would not
make any statement as to the identity of
the slayers, and were slapped or whipped
by the officers. Some who testified for the
State said they had been whipped, but that
they were stating in court the facts about
the homicide regardless of any whipping
that they might have received. Other
state witnesses, who testified as to how
the killing occurred, as above detailed,
said that they had received no unkind
treatment at the hands of the officers.

STATE v, LUSTER S.C 429
182 S.K
As to the testimony for the defendants, prosecution relied — the aes ani "
1 inki J is authori-
rE: king at the was a peace officer as showing h
Luster stated that he was drink ee eke
i <; that he did ty for what he attempte .
celebration but was not drunk; at hi Siig niet as Meh
i . i re his pistol; general charge of the trial judg
not intend to let Milam have : fact re pce
fell down; point was all that the appell t
that they scuffled around and , ao Scores Saleem
ter yitnes he last titled to. In response to sues
and that after the witness fired t See et
away ill stated by the testimony, he defined the ‘
he got up and ran away. fill statec s ae eS ; ;
~ he did ig get close enough to Milam peace officer, telling the jury, sot sesh
t “bik him, nor did he ever attempt to do er things, that he has the right to whe
; In this claim he was corroborated, in without a warrant any ne who re s
pe i i i in his sight or hearing.
y tw itnesses who testi- a misdemeanor in g
hed ig age ge . He also correctly instructed them that a
nie f Sings vy. Francis et al, person would not cease to be such an of-
ioe ra 17,149 § E. 348 "363 70 A. L. R. ficer because he was a Hey eee
143- be fave oeradiiras’ ia a Appellants’ request, if charged, wou ave
t Appe |
133, is largely controlling in the case a chat eat sable
sv: ‘epuael for the appellants asked and had the _ peas Bigences a y
received permission to attack that deci- There was no e
sion, with a view to having it overruled [2-4] The second exception charges the
“in 30 far as the presumption of the con- court with error “in holding that nd
currence of injuries in effecting death is ceased, being a State constable as we as
concerned.” a highway patrolman, could arrest with-
We have examined with care the inter- out a warrant a person off of a highway
esting argument of counsel, but no good committing a misdemeanor.
reason is shown why the court should What we said in disposing of ee =
change its mind with regard to the princi- exception applies here. The tria judge
ples announced in the Francis Case. The held, and so instructed the jury, -
petition therefore is refused. Milam, under the commission given poured
ye eace officer of th
ee ee wr a had the right
i 7 fusal to in- , . : :
oo Ke prcighefopals “l charge you and authority to arrest paid beens
ee ay Q i 7 y committing a -
ee) ee ee sere piecing ss’ te poesence! This charge,
i nt persons vio- ‘ : ;
nape tien bia phones the high- OF holding, was ean a:
| if thts stats and relating to motor and was applicable under the “Hs oO oi
sae oactee drawn vehicles, but cannot ar- case. It was not ge oe a "0 pg
ae 2 i h an officer or that the defendant Lus-
i nt any person violat- SUC oI a : t Lus
ne i aS yibtatinn toe other laws) ter was committing a misdemeanor in his
ete se oft f a public highway,” Presence at the time of the attempted ar:
en arte S664 of Cade of 1932 * rest. Counsel argue, however, as Milam was
citing sectio :

: : h clad in the uniform of a highway patrol-
The specication cat, ertot 1s Chet the man, it was his duty to advise the defend-

“request contained a sound proposition of ants that he was also a state constable; and
law, “Spplicabic- to the tects, the arreet fe having failed to do so the defendant Lus-
ing: attempted ty .& highway pesroiman aft ter had the right to resist the arrest by
the highway, for an offense not committed ail Geceeniy force. In - SGis-4.. yee.
upon a MWe 72 S. C. 104, 51 S. E. 542, 543, the court
We do not think that the request was iiq. “As a general rule, it is the duty
applicable to the facts as disclosed by the of an officer, in making an arrest, to state
evidence. It is true that Milam, at the time 3. official character and the cause of thé
he was killed, was a highway patrolman, arrest, exhibiting his warrant, if he has
but he was also a state constable, holding one; but the failure to take these precau-
a commission from the Governor that vest- tions does not justify homicide or even
ed him with all the powers of a peace of- physical resistance by the party arrested,
ficer of the state. There was no conten- \ithout inquiry on his part as to the au-
tion that the defendant Luster at the time thority for his arrest.”
was violating any highway law that would Furthermore, the defendants did not in-
warrant his arrest under section 6004 of fered the wen of self-defense:
eee tee rai kas [5,6] The third exception is as follows:
coe on a bales patrolman. The “The court erred in charging the law re-

OE dhs wee
Forages AE a

CHUT Ge 4 F

es,

PAAR AS ela» sri ee HEAT TCR aaind Mantis MYR

arte Detectine

ALL Fact Storios frome Official Sowrcos =

C ON ST!
Pent
’
Who's THE MONTH’S BEST CASES Nort!
ine St. Cla
THROUGH THE ENIGMA OF THE VANISHING MADONNA... .. ee.
in America 454.3 se ee cee ennnes Poe ere T.R. Porter 5 congregation
The amazing story of the disappearance of pretty June St. had been m:
Clair, one of Nebraska’s strangest cases. and her you!
ILLINOIS’ PETTING PARTY TRAGEDY .Ray Brennan 8 ty-two, we!
© Exhousting every pos- Scientific detection methods crack Chicago’s shocking riddle congregatior
sibility of clemency, of the girl’s body in the sewer. o; them that
FORD, 50-year-old mother “THE LAW SAID I KILLED MY BRIDE”.......... time the dor
pit amples Portes p dog See eee Joseph J. Meluch and Harold L. Zimmer 14 devoted to
wy F ” * : : ee ‘ : Saeed
Saerntiee for the poison mur- From a prison cell comes this gripping drama of impas- On i
7 of her rg usband. sioned love, stark violence and grim tragedy. 1929,
aintatning er tmmnocence “ee sx) }
to the last, the psalm-singing, SMASHING ARIZONA’S POLYGAMY CULT «wale Bie € @'s wife | .
sal ne a ee ....Judge E. Elmo Bollinger and Wesley Gordon 22 a Me -
structure which normally Ripping the mask from mysterious rites of the polygamists, Clair ea .
py igegagen Rh 4 a noted official reveals how he crushed the cult. ofice. >t
a . had to wot
; ; scaffold, quickly dropped to HOW I CAPTURED MISSOURI’S PASSION SLAYER. : had t :
Elizabeth Tilford her death, Sheriff Henry J Drury 26 at church
. . . . mt ee ee ee fee ’ . feeling wel
In the wild days of the Capone regime in Chi- The inside story of an amazing case of unrequited love and wd. eith
GHNARO wae owen crimson violence that shocked the Middle West. a That “ys
Fur, But recently things SOLVING CALIFORNIA’S RIDDLE OF THE NIGHT Adee call
adn been going so . ; . al
That's one seasom polos were LIFE BEAUTY, T.N. Koeningand JohnA.Henshall 32 He was £1
mystified when Genaro was A former Sacramento police chief gives the lowdown on the o the she
blasted down by a hoodlum f f Cl de St. M : t :
shotgun squad as he stood in strange fate o lerry de ot. aurice. the day |
a tavern near the University TRAPPING THE OIL FIELD TERROR.......... _ “Can I ¢
tion disclosed that the once dba 6 ee oe ows .....M, B. Lay and A.D. Nunn 38 cast over
Ge cents ta ps ponte she From Louisiana comes this official story of a bully whose station 7" °
crimes finally led him to the gallows. ‘(
@ Friday always was a fi ; What d
for ARTHUR D. WEST, oe KENTUCKY’S JIG-SAW CORPSE AND THE MYSTERY Wt
soldier. He shot and kille sali OF THE MISSING HEAD “Pretti
a fellow soldier on Friday, ei ee ee oe es were
pee tees, He 254 Pepe Genaro .. Sergeant Everett F. DeWitt and Ollie M. James 42 +i
te . A ’ : ary acti\
dey, Funes it 1955, eons eranraéal' ee hide ou How a dog uncovered one of the South’s most shocking Male
Friday, February 1, and went to the gallows at San crimes—and how clever sleuths solved it. a p
Quentin on Friday, Decem- Sunday !
ber 13. Cy mt.
NEAL BOWMAN liked SHORT FEATURES press con
to refer to himself as “the of fruit tt
Dillinger of the | South,” STRAIGHT FROM HEADQUARTERS ............. 6 fay it hi
ostier hicis tities. He had The editor writes about the crime problem. day, 1t he
served plenty of, time in STERILIZE HABITUAL CRIMINALS... .A.R. O’Brien 7
n April, 1934, he bumped A California prison director’s views.
ff a 17-year-old kid who had P
off a 17-year-
accompanied him on some PHOTO FLASHES eee cee eee Re mee eee eee eww eae 20
crores: curtains for Bow ‘ w pictures of lovely ladies in the news.
: am He died je oe BEAUT AKES FINAL EXIT.................. 31
— tric chair at Eddyville, Fi, ’ . .
Pa Bowman Biteon January 10, gic : BOREYH erties Dawn. 6
; BANDITS ON A HO! MOON .................. 3
° 1034. Sate Hiroe ee An exglusive Darinc Derrective Photo Feature.
trol E. D. Milan was slain by two negroes, iw ’ «
alma BD. Mile ro sighs by hee maproes, DARING DETECTIVE’S SHOW-UP ............... 47
December 20, 1935, the killers paid their debt to so- Pietures and description of a notorious kidnaper.
lety in the electric chair at
the ‘state pel ipnieieth at Co- P P MURDER eee eece a 66
lumbia, S.C. A short short on a recent tragic mystery.
On Thursday night,
anuary 16, the Sing ins
¢ : rea ALBERT DARING DETECTIVE is published monthly by Country Press, Incorporated, at 1100 W. Broad.
HOWARD FISH, aged de- way, Louisville, Ky. Entered as second-class matter at the Post Office at Louisville, Ky., under
generate whose shocking the Act of March 3, 1879, with additional entry at Greenwich, Conn. Editorial offices, Country
murder of little Grace Budd Press, Incorporated, 22 West Putnam, Greenwich, Conn. ALL MANUSCRIPTS AND PHOTOS
went unsolved for years. MUST BE SUBMITTED AT THE AUTHOR'S RISK, ACCOMPANIED BY RETURN
Clever,. tireless detective POSTAGE AND ADDRESSED TO THE GREENWICH OFFICE. Price 10 cents a copy,
work finally unmasked the $1.00 a year in the United States ard possessions. Printed in U. S. A. Copyrighted 1936
sadistic killer, brought him Advertising forms close the 20th of the third month preceding date of issue. Advertising offices &
to the justice that he had : New York, 1501 Broadway; Chicago, 360 N. Michigan Ave.; San Francisco, Simpson-Reilly,
evaded so long. Albert Fish 1014 Russ Bldg.; Los Angeles, Simpson-Reilly. 536 S. Hill St.
4

DARING DETFE

JACOBS, Shadrack, white, 70, hanged Winnsboro, SC, 6-19-1829,

Fairfield County Museum
Winnsboro, South Carolina 29180

duly 122-1985

Dear Mr. Esvy,

Sarah McMaster vassed along your request re Sheriff
Hugh Barkley. J am unable to find any reference to his
sunnosed murder in 1836. We have his will of Sept. 10, 1836,
nroved Sevt. 26, 1836, but I can find no obituaries in.
nrinted material and no record of his burial place. In
addition we hanven to have the sheriff's records (Day Books)
for those vneriods for civil cases and "Sheriff Barkley"
continues from the 1836 book into the 1837 book.
Tf he were murdered and the Hemings executed, such information
should be inkcriminal court records, which are housed at
‘ S.C. Archives, 1430 Senate St. , P.O. Box 11669, Capitol
Station, Columbia, SN Oe 4S oe ie
Cn the page Mrs, McMaster covied for you I noticed
the reference to an execution and so T am sending the rest
of that account along.
Re other legal executions in this county--a member of
the Fairfield County Historical Society who works at the
State Archives informed me that there werea great many
(actually she said 100's, but T think that's hyperbole)
executions in this county. She stated that trying to f
track down and document them would be a major research toy A ove
effort, requiring gomg through all Fairfield Court records, h®
Frankly, T'm overwhelmed at the magnitude of the ar vhs,
task you hae undertaken. Tt seems to me you'd have to
read all court records from every county and state in the
U.S. to try to find all legal executions. This seems more
to the voint than relying on old newspaper stories. Then,
of course many Southern court records were destroyed during
the Civil War. Fairfield County just happened to be fortunate
among counties in S.C. JT wish you the best of luck.
T have two suggestionsthat might be helpful, aside
{ of course from sending a researcher to S.C. to go through
the records. 1). You might try writing the $.C.Archives
and see if a researcher there will hely out--but expect
it to be on their own time, and vrobably at a fee. (For
svecific names, the staff will check a few easily searched
indexes for specific name and send photocopy orders to records
T inwhich that name appears)
2) some research on the relat. bet. canital punishment and
deterrence was done a few years ago by some University vrofessors
in Columbia, S.C. There is a remote nossibility they looked
at S.C. records and might sam#x have some information that
would be helpful. Try: Bruce Pearson, Department of English,
University of S.C. Columbia, S.C. 29208. (Others did the
research, but they've since moved on and Prof. Pearson is
actively involved in an anti-death penalty group that used
the research). (Pearson home; 6248 Yorkshire Dr. Colubfnia)
T'm sorry that we do not,the records here to help you more.

Sincerely, (tbh, Jad

Kathlyn Fritz, Curator

ee aa oe %
Le Samcel YW. Yonguo, from 1797 to 225, 21 yours |
James M. Elliott, from 1828 to 13:6, 18 yearva =?
AW. Yongue, from.1846 to 1650, 4 voern
OR. Thompson, @rom 1850 to 185%., 3 vears
GW. Woodward, from 1858 to 1865, 7 yaurs
- §.B.e Glomey, from 1865 to 1877, 12 yearn
_ WeH. Kerry from 1877 to 1886 (preront data)

ORDINARIZS AND PROBATE HUDG"S

De Evans, from as far ‘back as 1739, thon Soha Buchanan frou
about 1800 to 1625; then J.R. Buchanon, g:-nou B. Stewart (Cm. Woosecrs
ana James Johnson. William Nelson was races Probute Jud ge a 1870, thon J Bo
Noi. “ORs ‘Thompson was elected in 1876. J he Boyles WE elected jn 1078
end stil) holds the office. | |
| John aE ing is supposed to havi ptrocesded James Muse as

pre bry sv., pth of
sheriff, then John vespdaiortd Jemes Barkle; y, Kuk Barkly, Archibald heer

trom 1820 to 1824, Villian Moore to 1828 . , Ac. Yongne to 1834, Hugi: narkloy (ete)

to 1838, D.Ge Wylie to 1842, J. Cockrell ts 1248, Richard Woodward ty 9 —— , 3

~ 1852, RB. Eliison to 1856, Richard Wood..ird to 1860, K.F. Lyles to

1864, Eel Olliver to (1868, Lille Duval 45; LTS y Silas We Ruff to 19 é

J Be Davis from August 1879 to December 18%!;, John De McCarley from 1LPiud,
| . Javbs
It may eid bo amiss to hore rewtiva the hanging of Shadrach AF COLD e

ts ‘the year 1809 er 1810, Ezekiel Wooley, i gomgtablo, had a state warrnnt to

now in offico.

errest Shadvach Jacobs, and while riding witi. ci Be Androw Foaster tow.7as :
and near Jucobé4 residence, Capt. Feastoz .112 killed by a rifle ball fired
iy Jacobs. The sone feud proved in court in 1829 or 1830, tuonty

years afterwards, when Jacobs was tried are Culvieted of the murd6s’, Yes

that Jacobs hed stint Foastor thinking ho ine Wooley. J+ soos that Wor hoy.

uiked Feastor to chengo horses not long beiera tho lyttor was shot, an.

)
aks

10. Pin ‘ . 4 =

4t being near duak in the evening, Jacobs could not discrisinate betieen
them, Feaster riding Woolsy's horse. acer absconded to the wilde ‘of
Georgia soon after the xct wes committed, end his whereatouts was dis
cove; dd twenty years after and he was arrested and brought to Winaskero,
convicted of murder end hanged in 1829 by Sheriff Moore. In this instance

wud verified the truth of the dines trunslated from the Geraana

—s wan : *Though the mi}k3 of God grind slowly,
-Yet.they grind exceedingly saall;
= ae | And patiently He stands waiting,
: T4111 with exactness grinds Be all,®

Although 4t was evident that Jacobs Kilied Capt. Feaster through 3

miztuke, yet his purpose was wurder, end bésides, hiu generel eae
character was that of @ villian, and ut the tine of his triad there

was o requisition for his body from the Governor of Georgia.

ee ee ee ee ee eB

esate:

~ gS pe,

tert
PEAS Te

Tone ee eT

tre rset

226

of the “farm” in 18238, and both of them were dismissed by
letter July 11, 18238, to join -in constituting the ‘“‘arm’’ into
an independent church which was named Smyrna Church
now located in Brantley County.

The “History of Fairfield District, S. C.”” now published in
booklet form, was originally published in 1901 as a series of
newspaper articles written by William Ederington who was
born there in 1808. On page 9 of the book is an account of
the arrest and trial of Shadrack Jacobs for murder. It is
stated that a constable, Ezekiel Wooley, had a misdemeanor
warrant for Jacobs’ arrest, and he was accompanied by Capt.
Andrew Feaster, a highly respectable citizen of the county;
the two being on horseback and having exchanged horses,
that is, each riding the other’s horse, they approached the
Jacobs’ home when a shot rang out and Feaster was killed.
It is stated that Jacobs fled “to the wilds of Georgia” and
was apprehended twenty years later and was brought back,
placed on trial and convicted and hung in 1829. The writer
stated the evidence showed Jacobs thought he was shooting
the constable instead of Feaster. This Shadrack Jacobs is
presumed to be the Shadrack of Wayne, since no mention of
him appears on the Wayne County records or census after
about 1828. No information is available as to what became
of the family except that it appears that a son, John Jacobs,
died in Wayne County in 1822, leaving a wife and three
children from whom the Jacobs family of this area is descend-
ed.

Shadrack Jacobs served as a private in the South Carolina
Militia in the Revolutionary War and was paid for his serv-
ices, by the State of South Carolina, Apr. 29, 1786 (see p.35,
Book X, Part II, South Carolina Rev. War Records, Stub
Entries to Indents, by Salley).

w
JAMES, BENJAMIN D. 1830-1859 PIERCE

Benjamin D. James was born in Liberty County in 1830,
a son of Benjamin James (Vol.1). He was brought in his
childhood by his parents to Ware County (now Pierce), and
was married there in 1849 to Elizabeth Smith, born 1834,
daughter of Charles Smith, Jr., and his wife Eliza of the
same county and community. They had seven children:

== Fone
|

Somme — oS
,

Cs ee ae

HARRELL, Frank & KING, Mortimer, whs, elec.

1924

TRUE DETECTIVE, February, 1932.

The DISAPPEARANCE of

sc (Chesterfield) yPggember 5

SOUTH CAROLINA’S

This prominent army officer
leaves Norfolk for Charleston
and—vanishes! A nation-
wide search by the War De-
partment reveals—nothing!
What was the solution of
this mystery that baffled the
U.S. Department of Justice ?

ILE Fort Moultrie is known in

coast artillery circles as one of the

Army’s “soft spots,” to.the average

citizen it is just one of the many

picturesque military posts along the Atlantic

seaboard. Originally built for the protection

of Charleston harbor, its guns frown on the

narrow entrance closely skirting historic Old
Fort Sumter.

Located on an excellent beach and almost
surrounded by the weather-beaten cottages
of summer colonies, the Fort offered rather
an easy-going life to the garrison.

Ordered to duty at this delightful post,
Major Samuel H. McLeary, U. S. A., had
every reason to feel elated over the assign-
ment, for it offered a pleasant contrast to
the arduous duty at Fort Leavenworth, where
he had just successfully com & special
course in the Command and General Staff
School.

Eager to reach his destination, McLeary
was driving through the rolling Piedmont
section of North Carolina on July 2nd, 1924.
He had just left Raleigh, where he spent the

preceding night, and his immediate objective
was ‘Columbia, South Carolina, only 129
miles from the scene of his new duties. As
his funds were running low, he had telegraphed
his bank to wire him seventy-five dollars in
care of the Jefferson Hotel at Columbia.

That day McLeary mysteriously disappeared.

It was unusual from the first as the officer was not the type
of man to be confused with any hundreds of others driving
along the Atlantic Coastal Highway.

In appearance, the Major was above average height, with a
powerful pair of shoulders. He was in his early forties. His
iron gray hair and closely-trimmed mustache, tinged with
gray, gave him a distinguished air, His manner was gentle
and belied his record as a soldier.

He was attired in a gray golfing outfit, but this was without
significance as Army men seem to show a preference for sports
wear when away from their commands.

McLeary’s car was a khaki-colored touring model built by
the Dodge factory. It was not unlike hundreds of others used
in military circles and bore a Kansas license No. 19718. How-
ever, it would attract attention only because of the fact that
few cars from the Sunflower state are seen on the highways of
the Carolinas,

Major Samuel H. McLeary, U. S. A., who mysteriously disappeared while
‘driving through the Piedmont section of North Carolina, July 2nd, 1924,
on his way to Charleston, to take up a new assignment

While there was absolutely no trace of the officer after he
left Raleigh, it was comparatively easy to check on his move-
ments prior to reaching that city. These movements proved
to be no different from those of most any officer changing his
post of duty.

UFON the completion of his course at the Command and
Staff School late in June, McLeary had been ordered to
Fort Moultrie. And let me pause here to say that a course
in this Army institution at Fort Leavenworth is an important
step in the career of a soldier. If he handles it well, he is
marked for promotion and eventually service in the War De-
partment at Washington. This may have been in the officer’s
mind as he drove East with the intention of going to Charleston
by way of Norfolk. es

__ With him was his wife who planned to visit friends in the
Virginia City while he continued to the Carolinas alone. Mrs.
McLeary was small of stature and was in her late twenties.

Mrs. Sa
the star
for publ

In Army cir
tive, and w
Like her
not improba
the wives of
executives a
motions me:
more comfor
prestige.
The coup):
June 30th.
Fort Moultr
one of his fir
arrival.
Did he re:
would ever s
McLeary \
the morning

40 True Detective Mysteries

major in the National Army and it was made permanent in the
Regular Army on July Ist, 1920, four years almost to the day
before he disappeared.

While his service during the World War was not spectacular,
it was highly creditable and added to the other favorable
chapters in his record.

The McLearys had led the normal life of the service. They
had been married some twelve years and their devotion to each
other was the subject of comment at military posts where they
were stationed.

There had never been the slightest breath of scandal.

Now when one of Uncle Sam’s promising officers disappears,
old Army heads have a way of scanning his record and reading
between the lines for some hidden reason. But in this instance
they were admittedly stumped.
These grizzled old veterans
were forced to the con-
clusion that the
mystery sur-
rounding the

Lieuten-
ant Donald
B. Herron, a first
lieutenant in the
Coast Artillery, who
took an active part in the
search for Major McLeary,
and who later became the
husband of one of those most
concerned in unraveling the.
mystery of the disappearance

whereabouts of McLeary had
no connection with his record.

Of course, they had
theories. There were four
that held first place in the minds of these seasoned veterans.

First, McLeary may have deserted and by the execution of
well-laid plans have avoided apprehension.

But instances are rare where an Army officer with an honor-
able career has deserted and faced the risk of disgrace and im-
prisonment that would follow discovery. In any event, it
meant isolation.

The second, namely, that he might have met with foul play
after he left Raleigh was considered. This, too, seemed im-
probable. McLeary was unknown in the territory in which he
was lastseen. And surely if he had been attacked by some law-
less persons some word of it would have come through within
a week. He had not beenina thinly settled area far from means
of communication.

as SL ee

The well-known “sand-as-
phalt” road, the highway

over which Major Mc-

Leary was driving his
service automobile when
* he vanished. This road
’ runs through the beau-
tiful Piedmont section
of the Carolinas

With some hesita-
tion, they turned
to the thought that
a hidden romance
might be at the
foot of the mystery
and that at the
moment the officer
was enjoying his
liaison in seclu-
sion, but quickly
passed it over.
There was really
no basis for its con-
sideration and by
now it would have
meant theory number
one—desertion. |

RELUcTAN TLY the War
Department began to be-
lieve that McLeary was a
victim of amnesia, wandering
aimlessly about the country, and
through some almost miraculous set
- Of circumstances had not been iden-
tified. This theory seemed to have some
basis of fact.
The now grief-stricken wife recalled that her husband
had suffered a sun stroke several years before. Then
there was his war service. He had just undergone the terrific
strain of the course at Fort Leavenworth; it had been known to
break some men. Mcleary had only a night’s rest at Norfolk
after the long drive from Kansas. And the sun beats down
mercilessly on the highways of the Carolinas during July. All
this seemed to make theory number four most likely.

Here must be the key to the mystery.

In fact, it seemed so probable that the War Department
immediately called DJ—as the Department of Justice is known
—and prepared for a systematic search of Virginia, North and
South Carolina, with the intention to broaden it as the oc-
casion demanded. Authorities of the three states named had
already taken up the hunt in earnest.

Meantime, Mrs. McLeary had gone to Washington to be
with her sister and at the same time be near the agencies mak-
ing every effort to locate her husband. The way she held up
was nothing short of marvelous. Instead of seeking seclusion,
she peer the search in every possible way, even to the ex-
tent of giving interviews to the press. In the hope that McLeary

Sot

might recc
lished, she
And it toc
dition to fa
lights of 1
Five hu
scene of
operator
Citizen Ww:
patches fro

N_ the

could be
machines.
checks on

‘for last-mi:

My telep
to answer
voice of M
aide to Ger

The late M:
sonally i:

usly disappeared while
-olina, July 2nd, 1924,
w assignment

ace of the officer after he
asy to check on his move-
These movements proved
st any officer changing his

rse at the Command and
eary had been ordered to
here to say that a course
wvenworth is an important
he handles it well, he is
ily service in the War De-
y have been in the officer’s
tion of going to Charleston

ned to visit friends in the
the Carolinas alone. Mrs.
was in her late twenties.

MAJOR McLEARY
STRANGEST CRIME

| By
HUBERT
HOLLOWAY

former City Editor
Asheville, (N.C.) Citizen

Back in Norfolk, Mrs. McLeary received
the letter from her husband and as it was no
different from hundreds received in the past,
she put it aside as of no great importance.

Several days later, however, when she re-
ceived no further word from her husband,
friends could see that she was worried. It was
evident that the officer had not written from
Columbia. Reasoning that he was probably
tired from the long drive from Kansas, she
tried to put the matter out of her mind, but
it continued to prey on her thoughts.

When a week passed without any word,
lines began to appear on her face from loss of
sleep, and worry turned to fear. Had some-
thing happened to Sam, as she called him.

-Then events moved swiftly.

The Jefferson Hotel at Columbia, when
asked for information regarding McLeary,
advised that he had never registered and a
draft held in his name had not been called for.

MEANTIME, Fort Moultrie had informed
Washington that the officer had not re-
ported for duty.

It now seemed evident that something ex-
traordinary had happened between Raleigh
and Columbia.

The McLeary case, at its beginning, had

Mrs. Samuel McLeary, wife of the missing Officer, who was prostrated by
the startling news of her husband’s disappearance. This picture was posed
for publication in the hope that the sight of it would cause the Major to return

In Army circles she bore the reputation of being very attrac-
tive, and was extremely popular. p

Like her husband, she was eager to get back East. It is
not improbable that she, too, thought of the future ahead, as
the wives of military men, possibly more than those of business
executives are anxious for their husbands to advance. Pro-
motions mean not only larger salaries, but larger allowances,
more comfortable quarters, important posts and greater social
prestige.

The couple reached the Virginia seaport on the afternoon of
June 30th. .The follgwing morning, McLeary pressed on to
Fort Moultrie alone. That night he arrived at Raleigh and
one ~ his first acts was to write to his wife telling of his safe
arrival.

Did he realize that it was to be the last message that he
would ever send her? That question has often been asked.

McLeary was last seen when he checked out of his hotel on
the morning of July 2nd. There the trail ended.

nothing to distinguish it particularly from
hundreds of similar cases. That is aside from
the fact that the late Major-General Wood
was personally interested in the career of the
officer and that he had been one of the Army’s
pioneer aviators. One of the first six, I was told.

McLeary was a native of Texas, but was appointed to the
service as a second lieutenant in the coast artillery from Porto
Rico, where his father was serving as a jurist. It was whispered
that General Wood had a hand in the appointment of the elder
Mcleary and: there were many reasons to believe that he was
interested in the career of the young officer.

The single silver bars, insignia of a first lieutenancy, were
placed on his shoulders two years later.

While holding the rank of first lieutenant in 1913, the young
officer met the fascinating Louise Lipscomb and after a whirl-
wind romance—typical in Army circles—they were married.
Friends say that it was love at first sight followed by an elope-
ment.

Mcleary’s rise in the Army had been neither rapid nor
meteoric, but steady and certain: Promotion had followed
promotion and it seemed certain that he was headed eventually
for the command of a brigade.

At the outbreak of the World War he was appointed to be a

The well-known ‘“sand-as-
phalt” road, the highway
over which Major Mc-
Leary was driving his
service automobile when
‘he vanished. This road
runs through the beau-
tiful Piedmont section
of the Carolinas

ELUCTANTLY the War

Department began to be-
ve that McLeary was a
m of amnesia, wandering
ily about the country, and
some almost miraculous set
ances had not been iden-
eory seemed to have some

ife recalled that her husband
everal years before. Then
d just undergone the terrific
iworth; it had been known to
ily a night’s rest at Norfolk
And the sun beats down
Carolinas during July. All
r four most likely.
stery.
that the War Department
vartment of Justice is known
arch of Virginia, North and
n to broaden it as the oc-
the three states named had
est.
gone to Washington to be
1e be near the agencies mak-
and. The way she held up
(nstead of seeking seclusion,
»ssible way, even to the ex-
s. In the hope that McLeary

‘for last-minute news of the day.

The Disappearance of Major McLeary—South Carolina’s Strangest Crime 41

might recognize her picture if it was widely pub-
lished, she willingly posed for photographers.
And it took nerve for a woman in her con-
dition to face the cameras and booming flash-
lights of newspaper men.

Five hundred miles away from the
scene of all this, the night telegraph
operator on the Asheville, (N. C.)
Citizen was receiving the late dis-
patches from Washington.

IX the basement of the building

could be heard the roar of linotype
machines. Reporters were making final
checks on hospitals and police stations

My telephone rang and I slowly turned
to answer it. Over the wire came the
voice of Major Sumner Williams, former
aide to General Wood and now detailed by

The late Major-General Leonard H. Wood, who was per-
sonally interested in the career of Major McLeary

the Army as Inspector of Cavalry units in North Carolina.

He greeted me with ill-concealed eagerness.

“What’s the news about McLeary?” he inquired, seeking to
make his voice sound casual and failing entirely.

“Plenty of news,” I told him. “Washington believes that
Mcleary is a victim of amnesia and lost. Sounds pretty fishy,
but they haven’t found a single clue.”

“Well, it’s too bad,” Williams replied, “McLeary was a fine
chap—I hope something turns up to indicate that he is safe.”

After the usual goodnights, I returned to my work. But |
could not keep McLeary out of my thoughts.

The first word regarding the officer, strange to say, came from
Raleigh, the state capital of North Carolina.

G. E. Bobbitt, a resident of that city, advised’ police that he

had seen an_ officer

seated in a car
engaged in
conversa-

Major
Sumner Wil-
liams, fortner aide
to General Wood, and
now in command of a re-
mount station at Fort
Robinson, Nebraska, who
did outstanding work in
solving the baffling
McLeary mystery

tion with a civilian and that the
automobile was similar to that
driven by Mcleary. This was
about July 7th, he said, but at the
time he had not known the man was supposed to be lost or he
would certainly have reported seeing him immediately.

Again events moved swiftly in this strange disappearance.

DETECTIVE CRUTCHFIELD of the Raleigh police re-
called that he, too, had seen an officer answering the

Aescription of McLeary on July 7th or 8th and that he had

noticed a car bearing the Kansas license in a local garage.

On the heels of this information, word came that a man
believed to be the missing officer had been seen near Louis-
burg, North Carolina, driving toward Virginia.

Was McLeary suffering a mental:lapse and trying vainly to
get his bearings? Was there some faint spark of memory
that kept him in the vicinity of Raleigh? The three reports
certainly dovetailed.

The search, then widely scattered, was promptly centered to
the vicinity of Raleigh.

About this time J. S. Ainsworth, a friend of the family when
the elder McLeary lived in Texas, arrived on the scene and ex-
pressed confidence that a mental breakdown was responsible
for the mystery.

I doubt if there has ever been a more thorough manhunt
than the one which ensued in the vicinity of the North Carolina
capital, But it was futile. Not asingle (Continued on page 124)

yerrina, wir. —«* Wil Herrin 7 Emanuel Carver
No appeal, 7
"Spartanburg, S. C., Nov. 27, 1908-For the murder of Eman-
uel Carter, a prominent citizen of Saluda, this state, se-
veral months ago, Will Herring, a negro, was legally
hanged today." NEWS, Galveston, Texas, 11-28-1908 (2-6,.)
",..Both the state board of pardons and Governor Ansel re-
fused to commute the sentence to life imprisonment." JOUR-

NAL, Atlanta, Gaey 11-27-1908 (3-2)

Shot hau th the back and then battered hin fo death wk butt end
Note differences in the names of each. of Shokan.

Per “The State' [Collmbir SC pyer) 1)/28/08 [is

“HEYWARD, Benjamin,

SR Pa:

RACE a TION 2 Y

_fbecspaut ECP? hasgest Oo:

DOE & MEPANS

Aho 8-15 19 S/

“Nola Wac

CRIME DATE NS I ll OTHER

LES,

1cTim wz z

MET D

OoTLyve

SYNOPS!

- glertit Of HeoDh te, YpLlee

4 y y/,

07 arte €, ol for

LE Yta20-
FS

LI UIT Wer

Criloy ise asslaied tan Ca ag gfets nl fe

aes yassug Ula ahe Cog cota dod

APPEAL wv

EXECUTION ray

USL EM 69 Mod

HEYWARD, Benjamin, black, elec. SCSP (Beaufort) Aug. 15, 191.

BEAUFORT COUNTY LIBRARY

710 CRAVEN STREET
BEAUFORT, S. C. 29902

September 26, 1986

Mr. Ronald C. Van Raalte
P.O. Box 72883
Roselle, IL 60172-0883

Dear Mr. Van Raalte:

Please forgive me for taking so long to answer your inquiry of August 18th
concerning the murder of Officer Paul Carden in 1925. We are a small staff here
and it took me some time to get around to researching it. I hope this has not
unduly impeded the progress of your project.

Once on the trail, I was immediately successful in finding the information
you want. Enclosed are clippings from our local newspaper The Beaufort Gazette
for both the murder and the execution. The Gazette was a Thursday weekly in both
1925 and 1941. Because our microfilm prints are so poor in quality, I have
transcribed the articles for you as well. There is a discrepancy in.the spelling
of the officer's name between the two years, as well as some of the other facts
reported. From the appalling writing evident in the 1941 articles, I think I
would tend to accept the earlier, more immediate, spelling.

I have also included a page (and title page) from HIGH SHERIFF OF THE LOW
COUNTRY, a memoir by Sheriff J.E. McTeer, which gives some information about the
capture of Heyward which is not included in the news articles.

You undoubtedly have in your files a report of the shooting murder in 1985
of a local black South Carolina Highway Patrolman, Bruce Smalls, who was killed
when he stopped a fugitive on I-95 because of a vehicle violation of some kind.
In learning about the 1925 incident, I was struck by the ironic twist of fate
involved in such a similar, but dissimilar, occurrence sixty years later. No
matter how much we progress technologically, some tragedies still can't be pre-
vented.

Very best wishes on your project. If we can be of any further help, please
let us know.

Sincerely,

Julie Zachowski
Director of Library Services

——

nN fe Aa TAY
U uy
| OCT 251986

HEMING, Archibald and Baily, whites, poss. hanged Se Ce

"HORRID MURDER, = We learn that a horrid murder took place, at Winnsborougkh, F,ir~
field District, this State, on the 12th inst. Major Huch Barkley, Sheriff of the
District, was called on to arrest two individuals named Baily and Archibald Heming,
who were behaving riotously in the piazaa of one McMasters, whom they went there to
assault; and while in the act of discharging his official duty, he was stabbed with
a dirk knife, by Baily Heming. The knife entered the lower part of the abdomen,
near one thigh, severing the femoral or some other important artery; and the blood
forced into the scrotum, and distended it to an enormous size, The wound extended
to the cavity of the body, in wich a deposite of blood was afterwards discovered,
The day after the occurrence, the scrotum was split open and the clotted blood ex-
tratted by processés, tedious and painful. On the evening of the 19th, the unfor-
tunate man died, after having suffered excruciating torture, - Major Barkley was
the keeper of an excellent public house in Winnsboro, and was a public spirited and
enterprizing citizen, and a most estimable mans has left a wife, in a state of preg-
nancy, and seven sons and one daughter =< all minors = to deplore his untimely end,
The Hemings are represented as men of fuffianly character - they have been arrested
and committed to jail, - CHARLESTON COURIER,"
REGISTER, Raleigh, NC, October 11, 1836 ( 3/5.)

ae aac

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here wete anxigus that
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——

ASKS FOR Scxyets,

M. Cooper, president of the
rater of gomrberce vesterrisy
3 am appeal te the citizens of
warthta fer rooms to insure -ac-
vteedathons for all teachers at:
ing the state convection here,
och. Stetis next Sunday.

Ws She pefrictic duty of af
nets to list theit vacant room:
thie purpose. We have always
ormumodated the teachers in the
t and have won Favorable com-
i at our ability t provide for
™. And we are going to. do it
sim this year,” Mr, Cooper said.
Cotumibie dget mot fall down
the job. -And now the job is
provide gufficient quarters for
teachers,”
ie asked that Cofumbians with
ant rooms of guest roonw list
with the chamber of com-
+ce bupeau handling thir phase
the teachers’ program. The tele-
one number ia $171:

Se chrnall a Y |

fate louse

LIER
8 vobcteniiiee wi be sediel

thee Laem Bectide at: ent eme: ;
Se ae

a pebetde wit ya wer ead
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the tat adenitiinere ion, whoo | “hea

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fd emitton te ets eNe siteeth

Steger bert |

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~ the” presest
i ghe wtmlnistretor appointed’ for. as},
t yeacs by the president f

- tants of government. em
be paibjected

i strike the provi
; “The mejority eed
Jey (Demmcrad) of Keotucky, obtain-

‘of Senetor James F. Byrnes (Demo-

| political juggina”

| mint comuniitor’ Yhat the federal gov |
jernment must ssklme peaponssbility | Fa

2 reentrant anos tery

+ ante j Spaaertht oh eh

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weal ior ‘whtsAenatinided, t af Mey thei a
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on

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tien fet cpeciel seeer shan
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jot the earky Nbat days jn Peay
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ghodtvg an ave | ead! bod Iie “
is ry beberean Noeman ° H/ hi eet
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other govertedet sfficiais, mt) Sele |
Boake. Certer, redio Somurtveginbor.7
ome sepected ty denounced fi Ba,
brostbasting of apts
wetter? 8) 5S dof eee ii
Sweeny sad. Oe accep phe perio ge » rete er
i hei Wecsewed mrethexin, af tweety ce fan atintted itt: ikl
ting Valldtty ef) Carters] vise ont Sriing and bevietoay bi:
re ah te had tered the. Writed | ved he exclaimed aes
Rieter from ecg laid 34 years agp. abd Prenrd Liaw Degraded. H
a proxrem tea catllizang hewizepete | * “Gecinen . euro tthe i have |
aod ratio <‘ations! to abe he ‘met ff phe Yat few apd af i
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G54. profhe af ai] other ectivit ve Ca
by | gevectenent officials msg het qPontin«tea on 1 Fae

Pe oe eed

DILLON WOM

‘Senate Debates Reform.
Meahtinse. the senate fetid! tr
heaved Aedes te ower peovisictrs, ~ ‘the!
kiminisitetion s tonttowdrsial! peor: |
genieatian bt, which would supplant;
three-man, / Separies f™
civil service. cdtnminiecy ith.a. gin.

ehh emote

wy Feially Beating - ih bh

; With Pokery

a rs

Senator Devid 1 Walsh: (Demberat),’ ;
‘ed Mewachusetts,. chet that thea? } }
hoe tS : Dition, Marth dhe Ming. + ae
to ‘“absblate dirtatar.|) Mitephrey iiied ny 9 Florent (Hos
ship” and ottered din aimeniiment to : {pleat tatiry ‘of antosieh. “atlewedty fais
se

ne } tined. wh
scadies idles tw. Part} lof the Kicbs section of Dillon Sounty,

tie gaid 44 dave besten, ber yesterday

j be da wa a) fhe
ed an agreement for a final wots on eat an oe bet | eae ae

the amendment at 2 p.m, qomortedd*
Senator Wilham %, ‘Borais (Repub--|
ican) of Idgho, and ” Peithen C.
Clark (Democrat), of Miexouri agreed
with Walsh despite. the enntenti

foproder’s. jriqgisdet which: ee iti
pbe held “Tuesday, >) + :
BEM | Sheriff “Walker E. Agien, Catia” what
| Husraitices: wat gicted as hoving pnade}

threets ageitst his wife Sunday

wor

st Sevth Carolina, mathor of}

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‘the bill, that’

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* jail pending tha * Giteone, “ot Abt Oe

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i the ‘chief ierecadive oat virtually *
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spelt pga

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~ Only <tr persons enrolied: during
apen. bat
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On ancther front, Pal B Taylor | “ *y
Of the University (ef Califermia! and | ther with {t»)The ajoenait’s shih! lea |

feet tured in pagan aces ead ‘both |
| Russell 4. Kurte sf the Russell Sage | Metres: Humahee
{ourutation told the senate anegpicy~! erat: seeps broken, Sa i iy 74

wai’ before her Irdarriaie * ot the age!
WC, set amie “by 8 ster aa
“(Continved on Page 18; Cefn 4) |

bowen k jimi fe

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in Doubt + Morrie: Liapitalates a Brees

be manag Se he
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he Pei), g .
oy Heed Spe

bol 18) Mathioen Mattie “of ‘Kinston, 5.

iia woratetine.

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Saree ferwn aber, .
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180

the proceedings by alleging merely that he
no longer maintains the nuisance at the par-
ticular place mentioned in the petition. For
the court to exercise its discretion to dis-
miss the proceedings, oD the ground that
there has been a bona fide abatement by the
party charged, there must be @ satisfactory
showing that the abatement is complete.
The averments of discontinuance, except that
of State Agricultural & Mechanical Society,
are therefore insufficient, in that. they do
not show that the acts alleged to constitute
a nuisance are Do longer done by the parties
anywhere ‘within the jurisdiction of the
court. The return of State Agricultural &
Mechanical Society comes up to this require-
ment. ,
_ The court can take no cognizance of any
alleged verbal agreement between the At-
torney General and counsel for defendants.
It is therefore ordered that the proceedings
be dismissed as against the State Agricul-
tural & Mechanical Society, upon its pay-
ment of the costs incurred in the proceedings
against it. It is further ordered that the
other defendants do present their final and
complete returns to this court at 10 o’clock
on Monday, January 8, 1912.

(# S.C. 296)
STATE v. HYDE.

(Supreme Court of South Carolina. Jan. 6,
1912.) *

1. Jury (§ 108*)—CoMPETENCY—VIEWS AS TO

CAPITAL PUNISHMENT,

In a capital case, though the punishment
ce of the court, & juror who
ir dire that he is opposed to

is in the provin
states on his voir d
capital punishment is properly excluded.

(Ed. Note.—For other 2" Jury, Cent.

Dig. § 491; Dec. Dig. § 108.

2. CRIMINAL LAW (§ 116614*)—HABMLESS Er-

ROR—J URBY—CHALLENGES AND OBJECTIONS.

Where a defendant completes his jury with-

out exhausting his right of peremptory chal-
n excluding oF

lenge, any error of the court i
presenting jurors is cured.

Ed. Note.—For other cases, 8e¢ Criminal

73 SOUTHEASTERN REPORTER

5. CRIMINAL Law. & 656*)-—DxXAMINATION

(S. G

or EXPERT—QUESTION BY JUDGE.
In a trial for murder, where the. defense

whether every man who commits & deliberate,
premeditated murder was crazy. Held that,
as the question was asked merely for the pur-
pose of understanding the testimony, it was

not prejudicial error.

Ed. Note.—For other cases, see Oriminal

[
Law, Dec. Dig. § 656.*]
6. HomIcipE ( 237*)—Murper—“‘INSANITY.”

In order for defendant jn a murder case

to establish the defense of insanity, he must
prove by a preponderance of the evidence that .
at the time the act was done he did not real-
ize either that it was morally or criminally

wrong.

(Ed. Note.—For other cases, see Homicide,

Cent. Dig. § 500; Dec. Dig. § 237.

For other definitions, see Words and Phras-
es, vol. 4, DP- 3635-3644; vol. 8, D- 768:
Appeal from General Sessions Circuit
Court of Anderson County; G. E. Prince,
Judge.

“To be officially reported.”
Samuel N. Hyde was convicted of murder,
and he appeals. Affirmed and remanded.

The court charged in part as follows:
“xcusable homicide, Mr. Foreman, 18
where a man is insane, whether it be mono
mania, or whether general insanity to such
an extent that at the time the act is done
he doesn’t realize either that it is morally
wrong or that it is criminally wrong.
“Every man is presumed, in the absence of
any showing to the contrary, to be sane.
And when it has once been shown to the
satisfaction of the jury beyond a reasonable
doubt that a defendant has taken the life of
his fellow man unlawfully, and he seeks to
be excused on the ground that he was in-
sane, whether generally or merely on one
subject, then the burden of proof as to in-
sanity is cast by the law on him, and he must
establish that by the greater weight of the
evidence.”

Leon L. Rice, for appellant. Solicitor
Bonham, for the State.

Law, Cent. Dig. § 3117; Dec. Dig.

DENCE — EXAMINATION or EXPERT —

as an expert when the facts upon
based are within his own knowledge.

§ 1166%4.*]

3, CRIMINAL LAW (§ 478*)—OPINION EvI-
FAcTS | yicted of murder, and sentenced to be hang:

his opinion
which it is

GARY, A. J. The defendant was con

ed, and this is an appeal from that sentence.
The facts are thus stated in the record:
“This case came on to be heard before his

[Ed. Note.—For_ other cases, see Criminal | ponor, Judge Prince, and a jury in the 1911

Law, Cent. Dig. § 1065; Dec. Dig. § 478.*)

4, CRIMINAL Law § 470*)—Orinzon Ton county, and resulte 4 in a verdict of guilty of
defendant murder. The d

Where the partial insanity of
was in issue in @ murder case,
of medical experts, who had no

the testimony
knowledge ©

fall term of sessions court for Anderson

efendant was sentenced t0
hang on October 20th, and execution was
stayed by defendant’s appeal. The defend:

his condition at the time of the murder, as to| ont was duly arraigned and pleaded guilty:

his mental condition at that time, was ina

{Ed. Note.—For other cases, ,
Law, Cent. Dig. § 1059; Dec. Dig. § 470.*)

etical state of
to| pointed Leon DL. Rice, a lawyer of the bart.

he| to defend the prisoner. The details of tb

see Crimina

The court refused to accept the plea, and ar

de are not disputed, and for the put

1 | homici
f this appeal a brief statement onl!

poses 0

Am. Dig. Key No. Series & Rep’r In

dex *

|
)
‘
|
5

gCy STATE

will be made as to the homicide. In the
dead hours of the night, the defendant stole
into the room of his sleeping wife, wherein
slept his little sister-in-law, his father-in-
law, and his mother-in-law. Turning up the
lighted lamp in the room, he began firing a
pistol into the body of his wife, three bul-
lets taking effect, and two striking but not
mortally wounding his sister-in-law. His
father-in-law, in an effort to restrain de-
fendant, was shot in the scuffle and killed.
Defendant’s pistol was found in the hall
empty, and shells, some loaded and some
empty, were found scattered around the floor.
The state’s witnesses testified that defend-
ant said: ‘Turn me loose! I am going to
kill myself.” And others testified that after
he had left the room he asked some one to
get a gun and shoot him. The defendant
after committing the awful deed, surrender-
ed himself to the sheriff, and stated that he
was satisfied with his little deed; that he had
not slept for two weeks; but that he slept
well the night of the homicide. He stated
that he was sorry he killed the old man
but that his wife was the only woman he
ever loved, and her people would not let her
live with him, so he decided to end it all
The defendant, by counsel, set up the plea
of monomania, or partial insanity.”

{1] The first exception is as follows: “Be-
eng his honor erred in refusing to present
ir ae * White, after examination
ped thes dire. The error being that the
a sf view as to capital punishment could
= a Pt right to sit as a juror, when
pe ishment is in the province of the
Fg. Be: of State v. James, 34 S. C. 49,
ass ‘. i aor that this exception can-
on Furthermore, it was held, in the case
ae tate vy. Anderson, 26 S. C. 599, 2 S. E.
a nd a where the prisoner completes his
“a eng exhausting his right of chal-
na , this cures any error on the part of
nt Baap, judge, in excluding or pre-

: g a previous juror.

Ed Saige peer exception is as follows:
es on = 1is honor erred in refusing to allow
chant : cians, who testified that they were
is “hd of a medical school, and had been
sainenea a time engaged in the practice of
sare ie —s the question of defend-
a ae nsel as to the mentality of defend-
Reaks e error being that to require hypo-
ae — was to deprive the de-
oe the tnd opinion of an expert witness,
peiiaan Pid Ogee of his defense, that of
as sect re y, or monomania.” The ques-
Sélaien py ed were intended to elicit the
inital cn ~ doctors as to the defendant’s
nok = tion, not at the time they ex-

eC m, but at the time of the homicide,

aad they kn
‘ ew nothing of hi ;
€tion at that time. & s mental con-

v. HYDE 181

judge, is sustained by the case of Easler v
Railway, 59 S. C. 311, 37 S. BD. 938, in which
the court says: “Without undertaking to re-
view in detail the different cases in this
state upon this subject, we will state the
rules that have been followed: First. A wit-
ness is competent to give his opinion as an
expert, when the facts upon which it is based
are within his own knowledge. Second. If
the facts upon which his opinion is formed
are “a issue, his testimony is not admissible
except upon a hypothetical state
Third. If the mode in which an Pa coe
inflicted, or the extent thereof, is itself one
of the disputed facts in the case, the witness
will not be allowed to testify that in his
opinion the injury was inflicted in a certain
manner, or to a certain extent. In such case
he must testify as to a hypothetical state of
facts. The province of the expert is to draw
inferences from, but not to decide, the facts
of the case; and, in order to draw proper
inferences from the facts in the case, they
must either be within his own knowledge or
undisputed, otherwise he would usurp the
powers of the jury.”

[5] The third exception is as follows: “Be
cause his honor erred in asking the question
of defendant’s witness Dr. Ashmore relative
to his opinion of any man who committed a
horrible murder and his sanity. The error
being that said question, coming as it did
from the court, was prejudicial to defend-
ant’s defense in the eyes of the jury.”

The court propounded this question to the
witness : “Do I understand it to be your
opinion that every man who commits a delib-
erate, premeditated murder is crazy?” To
this question the witness answered: “No, sir;
not necessarily so.” The question was pro-
pounded, for the purpose, merely, of under-
ae the testimony, and the appellant

as failed to 8 y
pea how that it was prejudicial
; [6] The fourth exception is as follows:
“Because his honor erred in charging the
jury that, in order to establish the defense
of insanity, it is incumbent on the defendant
to prove by a preponderance of the evidence
that he did not know right from wrong. It
being submitted that the very nature of de-
fendant’s defense presupposed that he was
sane on all subjects save one, that of his
love for his wife, and being therefore a plea
of partial insanity, it was error to charge
the broad principle of knowledge of right
and wrong, and thereby convey the idea. to
the jury that, if defendant knew right from
wrong, his insanity on the one subject could
not avail him as a defense. This charge
absolutely precluded the jury from inquiring
further than defendant’s general knowledge
of _. and wrong, and made the defendant
ow. upon the admitted facts of his de
The charge of his honor, the presiding

i
} The ruling of his honor, the presiding

judge, conformed to the doctrine announced

“ST6T *T °990 (u
oO ( OSTepuy) UT TOILE, UyNoE pean
: OOLLOeTS §

ONIVERSITY OF ALABAMA

OSE, COE. t.

ri a
| TUN 4
HURST, Sloan ce : — a

Sloan Hurst, black, hanged Abbeville, SC, for
murder, -26-1895

Undated 1896 CHICAGO TRIBUNE, sent by Massey &
containing 1895 eX. List.

Murdered hemme Rapley om (2/3/44.
Killer and victim bath | negro. Site of execution
less than 200 yards From Scene of Crime.

_ Atlanta Constitution 4(29195 1:6

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HARRIS, Thurmond, bl, elec. SC@ (Barnwell) June 7, 1939.

LETTERS

VOL. 2 No. 12

@y a) ot

Sabtenber, 1935

EUSCUAVE

Ail Fact Storivs prom. Official Sowhrcos

Nee LO RETR De i aia a I A. FAYE ROE CINETSDS (50 LTS ORE et
pes ay See ;

MILLEN and ABRAHAM FABER,
youths who set out to make a fortune
through banditry, the State
of Massachusetts, on June
7, put the trio to death in“
the electric chair. They
were convicted of slaying

robbery at Needham,

to be hanged in Delaware,
MRS. MAY H. CAREY,
preceded her 27-year-old son, HOWARD,
to the gallows at Sussex county jail on
June 7. They paid for the insurance mur-
der of the woman’s brother, Robert
Hitchens.

on June 7—he criminally attacked a white
woman.

down in the chair at Columbia, S.C., June
7. Just before the current was switched
on, he confessed to the criminal assault for
which he was convicted.

get for underworld guns June 26 as he

NICI, notorious New York killer-for-hire, .
sat down in the same chair.

e A father and son, FRANK TEMPLE,

hanged on the same gallows at St. Thomas,
Ont., June 27. They killed a policeman
rather than face arrest for theft of a
bicycle.

Who's
THROUGH

in America

Bringing an end to the murderous
careers of MURTON and IRVING

policeman during a bank

The first white woman Mure Millen

At Huntsville, Texas, a Houston negro,
ALBERT CARR, went to the hot seat

3
THURMOND HARRIS, negro, sat

FRANK ITALIANO, alias Frank
May, Brooklyn racketeer, was the tar-

walked in a crowded Wil-
liamsburg shopping district.

EVA COO, blonde road-
house proprietor who was
convicted for the insurance
murder of a crippled
handyman, went to the
chair in Sing Sing prison,
va Ceo June 27. A few minutes

CONTENTS

ARKANSAS’ GUN MOLL AND THE PRISON LOVE
INEST. es ders os oes aucletaceteree a Robert Barton 8

Murder followed murder in the career of this amazing girl
whose death at the hands of a convict guard rocked Arkansas
and the nation.

THE CHICAGO BLUEBEARD’S TEN DEAD BRIDES
sas eee seeeeeee ees+-Robert Faherty 14

He was a notorious lover—and a notorious poisoner. This
is the dramatic story of a man whose very touch was death!

TRAPPING ST.. PAUL’S MURDER MASTER—
fin a scaw inane t Larry Marshall 20

swept the Northwest until determined

solve a death-chain mystery.
SEATTLE’S LOVE BANDIT AND HIS 75 GIRL
VICTIMS ...... bed leit aes eee ....Horace Heffern 26

The amazing story of a fiendish attacker whose depredations
terrorized a city for months until police ran him to earth.

CUT-RATE MURDER .............. Jerry E.Cravey 30

Kansas residents were horrified at the brutality of a crime
which sent detectives after a ruthless death bargainer.

HARMONICA NELL—tThe Gun Girl Who Came Back—
Mee ree ee ‘ veeeeeeeses Robert Sothern 36

defiant statement.
KILLERS’ WOMEN—New York’s Taxi-Dance Death
Riddle. ..0.5 6:05 a os GEV .....Earle R. Buell 40

Grim detectives crack a baffling enigma and bring two des-
perate gunmen to the chair in Sing Sing’s death house.

THE BEARDED GIANT AND THE DOOMED WIFE—
scclbea acbnewe.e% veeeeeeeeeeeeees.s Herbert Rudlin 46

Illicit love becomes the motive in one of the most astounding
crime mysteries in the history of Virginia.

SHORT FEATURES

STRAIGHT FROM HEADQUARTERS oe das sua ahs 6
The editor comments on the crime situation in America.
PHOTO FLASHES ........... cece cece cececeee . 18

The Camera Sleuth presents the latest news pictures.
DARING DETECTIVE’S SHOW-UP ...........%.-.- 35

Photos and descriptions of notorious fugitives.
CLARA PHILLIPS STEPS OUT...............6.- 66

A short short story on California’s “Tiger Woman”.

later LEONARD SCAR-

52, and FRED TEMPLE, 21, were

DARING DETECTIVE is published petnthi by Graphic Arts Corporation at Louisville, Ky.
Entered as second-class matter at the Post Office at Louisville, Ky., under the act of March 3,
1879. Editorial offices, Graphic Arts Corperation, 529 South Seventh Street, Pingenpots, Minn.
ALL MANUSCRIPTS AND PHOTOS MUST BE SUBMITTED AT THE AUTHOR’S
RISK, ACCOMPANIED BY RETURN POSTAGE AND ADDRESSED TO THE MINNE-
APOLIS OFFICE. Price 10 cents a copy, $1.00 a year in the United States and possessions
Printed in U. S. A. Copyright 1935. A vertising forms close the 20th of the third month pre-
ceding date of issue. Advertising offices: New York, 1501 Broadway; Chicago, 360 N. Michigan
Ave.; San Francisco, Simpson-Reilly, 1014 Russ Bldg.; Los Angeles, Simpson-Reilly, 536 S. Hill
St. General business offices, 529 S. 7th St., Minneapolis. ;

DARING

that
abilit
prise:
and
can
foun

20 W

DET

HARRIS, Tom, white, 29, hanged Gaffney, Se Cey 3-29-1907 NF 143/

nti, -
hy
© THE GAFFIY LEDGER
iy i TULSDAY, “faHCH 30, 1937
¥ mM HARRIS HUNG THIRTY YEARS AGO HERE FOR MUNDER
WN] 9 ‘Thirty years ago Tom Harris, 29, was hung at the county jail here for the
N) ,. brutal murder of Mrs, Hortense Morgan, elderly woman of the Chesnee road the |

a ~ only lezal execution in the history of Cherokee,

ieee ee
an
P

| tne following 49 reprinted from a copy of The Ledger of March 29, 1907, which
was brought to the office by Abel Starnes commissioner of Cherokee township. 4

The story follows: ;
TOM HARRIS PAYS THE PENALTY ON GALLONS

The first exeoution in the history of Cherokee County oceurred today when font
Harris, alias Thomas Childers, paid the death penalty on the gallows within the

, enclosure erected just in rear the jail which formeti one of the four walls,

Although the execution was private and Sheriff W. W, Thomas only adultted the
nunubery required by law and the representatives of the presa, there was a large
crowd of people in town. They came from evary seetion in the county. A great
many lingered in the vicinity of the jail for hours before the execution took
place, It was a curious conglomeration of humanity that lingered near the plase
of execution, each eager to catch « glimpse of the prisoner of to hear gone word.
that might interest then, : | o na

Sheriff Thomas had notified those who had been seleated to witness the execution

to assenble at the jail at 10 o'eleck promptly. ‘The hour rget for the execution we
by law ie between 10 and 2 otelock. He had consulted with Harris and the two had =;
agreed that the work should commence at 1) ofclock, oe as

A Ledger reporter saw Harris in the jail this morning at 9:45, In reply to
questions he said he slept last night from 11 o'clock until daylight. He ate

as hearty as ever, his breakfast consisting of beefsteak, egga, bread and coffee.
All morning he received yisitors, shaking hande with them end greeting then
cheerily. He even addreseed those with whom he was acquainted by their given names..

ae 9:59 he was closeted wiih {fe spiritual advieer, Tove 3s Ge Bose for 5 te
minutes.

While talking to the viasitora a crowd on the outside climbed up at the window and
kept up a hubbub. Harris, tuming to them said: "If you fellows don't keep quiet
the sheriff will look you up.®

At 10 o*elook the sheriff cleared the jail yard. He then case into the jeil and
called the roll of witnesses, The following witnesses anewered to their names
D.C. Phillipa, F. A. Goforth, R. Je Levaster, Me. CG. Lipscomb, Harrison Gerdner,
J. Le Plaxico, Price Wartin, R, E, Linder, A. W, Doggett, W, A. Turner, Chas.
Robba, B. 3. Lipscomb, WwW. F, Smith, Je Ne Nesbitt, We Fe Brown, James White,

J. W. Becknell, J. Bb Jefferies, E, F, Lipscomb, J, B. Bell, Ed H. DeCaap,

J. F. Parrott, Rev. & G, Ross, Joe Watkins, Chief Thos, Lockhart.

, Mical at breakfast timé, and

!
{

' colors. If was a regular gala day, and if one d

ifany were indulge.tin of a broken neck, ah a |
al

‘All the

the criminals were aleo subjects of eep and ear-
‘nest discussion asa to whether the doctors would

be allowed to butcher the boule. d
not thane | 8, und if go —

COUMLTOT OF tue Sea: CS ee _

they should be allowed to commit crime with tin-
punity, and, indecd, thin idea haa been greatly
strengthened and encouraged by the Partial course
Of justice and the almost unlimited exercise of the
Ppardoning power.

_ The scaffold was erected in the jail vard, and was

exposed to the public view, It was barbaroualy -

Deat and trim, and of such limited roportions as
to ensure succexsful strangulation. yu uprights,

Cight feet apart,on which rest a croaa beam only

twelve feet high, and a double trap which parted in
the centre and swu to the right and left, com-
leted the structure, 1a drop or trap was not six
eet high, and therefore removed all apprehensions ,
lation of criminals for capi‘ai offeucen seems to
the aystem in the South, and they always succeed.

PRELIMINARY PREPARATIONS OF DKATH

were complrted lagt night, and the two condemned
men were leit to court sleep, but it came not. Oc.
casionally they would drop off into a fittul doze,
only toawake with a start an a dream of thelr:
crimes ora vision of their terrible doom fittted across
their ever-wakeful minds, Morning dawned and
the light of their: last dsy came welcome to theif
gloomy cell. Botk the ‘Mn dresved themacives
with scrupulous neatnoad, partook of their last

then, with a
colored clergyman aud a number of col-
ored femairs, joined earncatly in religious
exercisca, which continued the entire morning. By
noon the atrects had assumed a most lively appear-
ance. The colored population turned out en ma ae,
the males in their beat tunday apparel and the
women in thoir brightest, gayest and most crepety |

not know
THR HAXNGIXG WAS THE OCCASION

ofthe excitement he would have imagined that
some d festivity or popular public cele tiou
was taking place. On: reaching the vicinity bf the
alll found the fences lined wittf African female
umanity and the streets, trees, housetops and
surrounding fences were packtd with the malea,
sone of them tudulging in low jokes and vulgar
slang, while others and the vast ag ye 4 *pecu-
la weirdly and aptritually as to the unknown ©
future beyond the grave, @ earthly remains of

the vicinit

with

Spetiess white shirt. 4
Siacestiph ese att eet ce Na
berehead A hymn waa them sung. A BY,

GHOsTs YOREVER AFTER DACwr
'y of their terribly tragic fate. Many re-
marked tho latter asa seltied conclusion, and so
strong is this superstitious impreasion among the
negroes that inany of them who live in the neigh-
borhood of the } have made up thelr ininds to
move away, and none of them can now be induced
to pass the streets there at pight, afraid they
might behold: the spectres~pf the executed men
in ostly consultation at/the place of their
earthly exit. This is (the gyn opin-
fon of the negroes, and it impossible
to convince them otherwise. Abont twelve o'clock
three detachments of the South Carolina Nationa]
Guards (all colored), wearing biue uniforms,
trimmed with green, marched into the jail yard,
for the purpose of maintain order, but they
rather helped to produce disorder. An jmmepase
mags of people: congregated in front of the r
leadimg to the jail, some of whom had passes of ad-
Mission irons the Sherif; Sut the throng was' so
Gense thay it was impossible for them tu get in.
The colored troops were sent oat, but the Erowd
drove them back, aud as they were . ;
- ABOUT TO USE THEIR BAYONETS
they were ordered in to avoid bloodshed: The
police next tried to furce back the mob, bat only
partially succeeded, and for a while there were in-
cipient symptoms of a general riot. Hundreds
forced themselves through the police into the yard,
and at length a majority of the mob, including
large numbers of women, having got Inside, quiet
was partially restored. At one o'clock the colored
troops were formed around the scaffold in hollow
square. The Sheriff then went upon -the drop ant
ted the two haiteras tu the croas beam, leaving
them dangling in the sugmer breeze, io proa-
pective
ANTICIPATION OF THE TRAGIC WORK. k

A rough estimate places the crowd now in and
aroun the jal vurd at uot less than alx thousaud
people, and @ ninre disorderly throng 1 never wil-
nessed on any similar occasion; yelling, hovtiug
and riotous demourtrations were cunstant the
whole’ pet abd but for the exertions of Cap-
tain Jackson, the Chief of Police, there would have
been a serious riot, and it wuuid nave been douht-
ful whether the sentence of the law could have
becn executed in that case, With the thermometer
at 120, this mob stood the entire morning »weiter-
lug aod surgtug about to gratify a depraved appe-
tite, and ft w safe to pros would have Leen
peda dirappointed the tragedy kad not ‘

fen place acoonling oO programme

hy TRE CULPRITS BROUVURT OTT. .

At twenty minutes &) two o'clock the condemned
men were conducted from the jall tothe scanoid,
tightly pinioned at the elbows. They were at-
tended by a colored preacher and his Wife, and
escorted by a detachment of the police. Huth
Walked Grmir, and they ascended the stepe leading
to the drop with great ease and apparent caim-
Ness, Here they stood with their faces tarned to
the sqn, which-giared dows on the crowd in front

y Freal Herceness and intensity. Lucas -was

att dark cassifmere sult and

ia a
Harris wore a biack

er
toilowed, the clergyman kneeling between the two.
condemned men. When this was couciaded the
Sherif read the death ventence, und for the first
time there was a

| Both of the condemned then made short ad-"
hag Sa Pade ye ai reiterated the gers

mad od one esterday, ;
to die, with hope that ‘ a ay
: a God had forgiven
them.” Harris protested his ar The
eukes and pisces two blagk caps over their be
hey bad taken thetr last look st this

besuuitul earch, " Then the Sherif solemnly od) m0 |

Ua enna
Het Bt ie i yl

EF.

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stay?
Hy FE ida rH, if

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Beige |
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gtibisteraststeateeg?
Pde
MUM
p REL PH eee ot
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Sgszgehages ett esesas
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ays Hi eee tt Sig
SEueLHUET! TGS

BEAUFORT GAZETTE Thursday, January 15th, 1925
Page l
Headline: FUNERAL SERVICES OF POLICEMAN CARDEN HELD HERE LAST THURSDAY

Attended by Relatives and Friends from All Over the County.

The funeral services of B. Paul Carden, formerly of Milner, Ga., but of late
years of Parris Island and Beaufort, and who was so foully murdered on January 6th
by a negro near Seabrook, Beaufort county, S.C., and while in the discharge of his
duties as an officer of the law, were held, in part, at his late home on Prince Street,
Beaufort, on Thursday, Jan. 8th.

An immense crowd of friends and relatives of himself and family were present,
besides the Ku Klux Klan organization of this place, of which order the deceased
was a member. That order had charge of and conducted the funeral exercises, and
while it was the first ever conducted in this county by that order, it was most
impressive, solemn and seriously and religiously decorous. It was by and under the
ritual of the order and the departed was given all the honors and rites prescribed,
and from first to last it was all impressively sacred and inspiring.

- Many members of the Klan were in attendance in full regalia and the pall bearers
were all of that order, also in hooded regalia. After the services at the house the
long procession started for the New Cemetary, preceded by the hearse and followed by
a long line of uniformed Klansmen; then by cars conveying the families and relatives.
These were followed in line by dozens of cars all filled with those who knew and
loved the departed.

Arriving at the cemetary the burial service was conducted by the order's chaplain
in solemn and impressive manner in presence of Paul's father and mother, Mr. and Mrs.
B.B. Carden of Milner, Ga., and of the most serious and determined-looking crowd of
citizens ever assembled in this community.

After the benediction the large concourse broke up and returned to the city, all
feeling they had witnessed an awe-inspiring spectacle and one never to be forgotten.
They had been to the funeral services of

"One who died with his armor on, and in the discharge of sworn duty."

BEAUFORT GAZETTE Beaufort, August 7, 1941
Page l
Headline: SHERIFF McTEER BROUGHT TO CLOSE TWO OF BEAUFORT'S MOST NOTED CASES

Sheriff J.E. McTeer has about brought to a close two of Beaufort's worst cases
that he had to deal with. Rev. G.W. Maclemore, Negro preacher who was tried at
June term of court is now in the state penitentiary to serve 17 years on two charges
of Abortion. The sheriff had been working on his trial for many years but could never
get the goods on him until this year. He is now out of the way in this community.
Benjamin Heyward, negro, who killed Policeman Paul Carden in 1925 and escaped
to the North but was traced by Sheriff McTeer and arrested in Cleveland, Ohio, but
with some of the Yankee Negro Lawyers. Extradition was fought and bringing him back
to Beaufort was prolonged for a long time, but Mr. McTeer, Solicitor Randolph Murdaugh
Sr. finally succeeded in getting him back to Beaufort to stand trial. He was tried last
year and conviced, sentenced to be electrocuted, the appeal was carried to the
Supreme Court, that body sustained the lower court, and Ben was sentenced to die
in the chair on Friday, August 15th, so that winds up another hard fought case but
Sheriff McTeer won the battle. It is something unusual for J.E. McTeer to lose a
case once he makes an arrest.

BEAUFORT GAZETTE Beaufort, August 21, 1941

Page l
Headline: BEN HEYWARD DIES IN CHAIR FOR SLAYING OF PAUL CARDIN

Benjamin Heyward, who was convicted of the slaying in January, 1925, of
Paul B. Cardin, a rural police officer in Beaufort county, died Friday morning
in the electric chair in the death house at the state penitentiary.

Heyward recently lost an appeal to the state supreme court from the death
sentence.

The slain rural policeman was with a constable, W.H. Randall, who had a
warrant for the arrest of Willie Heyward, a brother of Benjamin Heyward. The
officers stopped at the home of Benjamin to inquire about Willie and Cardin was
shot and killed as he stood at the door.

The slayer was not caught until years later when he was picked up on a
charge in another state and held for South Carolina.

Samuel W. Cannon, state electrician, said that Heyward's death occurred in
2:55 minutes and that he died calmly.

Deputy W.H. Randall witnessed the elecution.

ee a

BEAUFORT GAZETTE Thursday, January 8th, 1925
Page l
Headline: RURAL POLICEMAN KILLED BY NEGRO

Sub-head: Said to Have Fired Upon Deputy While He Was Putting Body in Car

B. Paul Carden, for some months rural policeman in this county, was shot and
almost instantly killed near Seabrook at about five o'clock Tuesday afternoon.

He was shot by either Willie or Ben Heyward, brothers, both of whom are at
large, when he entered the home of Willie Heyward with a warrant sworn out by another
negro charging him with larceny. The wound was inflicted with a shot gun at close
range, the entire load entering the abdomen, causing death within a few minutes.

A deputy, H. Randall, who accompanied the officer, was at the back door when
Officer Carden entered the front and states that he heard Carden ask, "What are you
going to do with that gun?" And immediately the shot rang out. He stated that he,
Randall, ran around to the front of the house in time to see the negroes above
mentioned leave the house and run off; and that he shot at the negroes but missed.
The negroes are said to have turned upon him and to have begun firing and that they
continued to fire until the almost lifeless body of the officer had been placed in
the car and the car started toward Beaufort.

Deputy Randall brought the body to Beaufort and notified authorities. Sheriff
Jas. H. Bailey was out of town and J.E. McTeer, who was elected sheriff at the
November election and whose commission had arrived Tuesday, was sworn in, immediately
taking charge of the situation. Sheriff McTeer with several deputies went as soon as
possible to the scene of the shooting and are said to have scoured the surrounding
swamps in search of the negroes, finally tracing them to a point on Broad River
where they are believed to have secured a boat and to have crossed over toward
Savannah.

The search is being continued and all nearby cities and towns have been notified.
Nothing has been left undone in the effort to catch the murderer. Feeling among the
citizens of the community ran high as the news spread, and crowds gathered quickly.
Many went immediately to the vicinity of the murder only returning during the night
as fruitlessness of further search became apparent.

Mr. Carden, who was about 25 years of age, was for several years in the navy,

spending much of his time at Parris Island. He married Miss Gladys Hickman of this
place several years ago. He received his appointment as rural policeman about six
months ago, and has been an active and efficient officer. He is survived

(Continued on Page Four)

Page 2
Sub-head: Policeman Carden Slain by Willie Heyward

(Continued from Page One)

by his wife and one child and his parents, Mr. and Mrs. B.B. Carden of Milner, Ga.;
also three brothers and two sisters. One brother, John Carden, and a sister,
Miss Mildren Carden, have made their home here with their brother for several months.
A coroner's jury was empanneled by Magistrate Cory, acting for the coroner. The
jury viewed the body and was dismissed pending call from the coroner, at which later
meeting testimony will be taken.
No funeral arrangements have been announced pending the arrival of relatives |

from Georgia, who were expected Wednesday.

‘ BEAUFORT GAZETTE Thursday, January 22, 1925

Page 1

Headline: CORONER'S JURY INDICTS WILLIE HEYWARD AND HIS BROTHER, BEN
Sub-Head: For the Slaying of Rural Policeman Carden on January Sixth

The coroner's jury investigating the killing of Rural Policeman B. Paul Carden,
near Seabrook in this county on January 6th, at its final session on last Sunday
found that the officer was killed by Ben Heyward and Willie Heyward. There was no
testimony further than to prove that both men took part in the slaying, although
only one load of shot took effect in the officer's body.

Fred Wright, colored, who lives a short distance from the scene of the murder,
testified that he saw Ben Heyward shoot at the car in which the body of the policeman
was being carried away. He, however, did not know at that time that anybody had been
killed or even wounded and did not know who was in the car at which the negro shot
until later in the afternoon, when he was told about it.

Paul Middleton, a negro boy of about 16 or 17 years of age, who happened to be
in the car with the officers when they went to arrest Heyward, told the coroner's
jury that from where he sat in Mr. Carden's car he could see the front door of the
house but could not see inside it, and never saw the man who fired the fatal shot
until after he had left the house and started across the field. He also said that
Mr. Carden had not reached the door of the house when the door opened and he heard
Mr. Carden ask "What are you going to do with that gun?" and immediately the gun
fired from within the house and he saw the officer fall backward. From the evidence
it appears that Mr. Carden had no opportunity to protect himself, the negro shooting
without warning and without cause. The witness said that Mr. Carden was about a foot
from the door when the shot was fired.

Mary Heyward and Bertha Heyward, wives of Willie and Ben, testified that they
were both away from home that day at work. Both said that they heard about the
shooting before they reached their homes in the afternoon and were too frightened
to go home, so spent the night with neighbors.

The wives of the men and Dan and Fred Wright were placed under bond by the
coroner as important witnesses, as were Hubert Randall and Paul Middleton.

County officers are believed to be in possession of information which may
lead to the arrest of the two negroes at any time. However, the nature of this
information cannot be learned, and it is not known where the officers believe the
negroes to be, if they do have such information.

OHIO,
Dontt know whether or not you are interested in this as it was evidently a railroad
cetective, Montgomery, Alabama ADVERTISER, lel7=1 91, (10/32) "KILLED BY CAR
\"4) THIEVES = Sandusky, Ohio, Jan, 14. = Moses Prive, kl years old, of Lorain, Lake
; jenose Railroad detective, was shot and killed here today by car thieves whom he was
_ 'trying to arrest, while they were breaking into a car in the yards," I don't think
= this was capital case and, if not, I am not interested in anything further on it. WE

CALEFO ANIA

<) Enclosed newspaper articles on Damaso Cuiroz, hanged 2-28-1919 for mrder of Tulare
: Constable Robert A. Carter,

SOUTH CAROLINA

Accordine to the Charleston NEWS AND COURIER, 8-7-1928, writing retrospectively, a
3 black man named Cartwright was hanged in Charleston for the murder of Patrolman J,

| ¥, gen in 1890, Been was killed as he walked his beat and Cartwrtght was hanced

and two other blacks subsequently sent to prison. This is all that I have, so would

appreciate anything additional that you come up with, particularly Cartwright's full
name and actual date of execution,

SOUTH CAROLINA,
\ILY NEWS, Byrmingham, Ala,, March 16, 189): "Berkeley

‘and ‘succeeded in gashine his neck and his
wrist wit a piece of tin, He was discovered in time and he was quickly removed and
hanged, H, died protesting that he had killed the constable in self-defense,"

As this is all I have on this, would appreciate copies of anything you develop,

teem *

ECEIVE
JUN 2 8 1985

M52:
et
SF

TRE ery

“pois wv OF JERRY HORE-
ex ual aelmereeetuecae
eS g memElpeneen —-

: l Attempt te Commit

The Prisoner Piays Possums, bat

fot ~~: :
dJerey Boribeck, ahn has been In the Rerke-
Jey Couaty jail at Mount Pleasant for overa

Feat, wag banged this niorning in ths jail
Yard fer the warder of Bod Hasell, a colored
; conitulie, Ea@t spring: He waa sentenced to
+ Pehanged on September Ist buf made an ay-
eS pes! te the Supreme Court, Horibeck was ra.
“ genteuthd by Judge Townsend in February, his
‘appeal having been denied, and be has cones-
“@tentiy been aware that there was no hope
for him for some weeks. On Thursday night
he seemed in fairly good spirits when left by
the jafer and spoke of the oxecntioa as some-

thing imevitabie. Yesterday morning, how-
ever, some of the other prisoners advised the
Jeiler thal something was wrong with Horl-
. beck, asd seeing him croached in a corner the

~o ~~ Jatler at once dalled Sheriff Morrison. They
oribeck and asked bim what was

ibe master
cage * e PRayixa,”

he setd; Aen't bother we. i
; teT? him for a few minutes and then
come and wert into the cell. There was
blood om the foorand Horlbeck made ao re-
® to the queati ms put by the sheri®. He
? bold of tos crouching man: and tried to
raises Bim. ‘fut Horibeck fell over oa his side
apparently iMteles. There wasan ugly gash
ia bis neck just in front of the left ear, and
from his le?t wriat a email etream of bisod
wee flowing.
Sheriff Morrison was naturally concerned
apa at seat tor Dr DuPre. physician to
ww 6 Copter promptly stopped tbe
bich bed been “isc ester es
w made witha p of sharp
the spnseen. The wound {n the
Bot deen eaottgh to cat the
lar and was not po hpaag the wriat wound
Wet cused -wery much losa of bloed, gt!!{
the man by & lop and apparently hel piess
atate. At DuPre's sogegestion Dr Rowen
Was celied fo for consultation and thatwo
teal men preceeded in the attempt to
“WAKS UP” Jeary.

Dr Bewen‘s remark when he first siw Worl.
beck was, “That {cllow fs playtog pone”
Bd fo it proved. A piu volot pressed sharply
to hie thumb made mn ieee aod bow! toa
Maaner that preciuded aif idea of hie being
dead ur near it. When be found that ils game
Would pot work be got better rightaway. He
was (hes given bis breakfast and allowed (0
Bee his wife and bis spiritual adviser,
THE HANGING,

A listie after 11 o'clock Mheriff Morrison
Catmetgio tbe celi again and read the death
trent orlbeck was quite able to stand
tiletty see pleasantly to thedapu.
noned bisarme and adjusted the
tnutes later he was taken
@ was just outside the gate
“good-bye.” Bho had not de
«xegation. At (be gallaws the

aired teases 1
y etras
: ea bad little to say, but exhid.

a ters hisstalement chat he
errr an Flasel a self-defence, then tua black
Cap was drawn down, aod at 11.33 the tra

were bat few tremors ao

of Hasell bad gone to hla reck-

“Ao hoor later and the ltfetees body waa
turoed over ts the wite who bad followed bim
evey ip the Jawsofdeath, 96-5000

The Rtorp of tha Crime,

Jerty Hortheck was arraigned with Robert
Gcott fe the Herkaley Heasions Mogday, Juans

3. jena, end charged with the killing of
) se soe}l at Magnolia Mines, The @iate’s
rigesens Seatified that Haseoll wad deputized
fi jes 8

te
4th

to arrest Horlheck
tg xT of land ta charge of
‘KR. B Oath the night of February
Weatte Horlteck's house sod pre-

Ben ted Warrant.
@i rested, god _

es
TYTN emeeanynemenene came ene ‘ re
~ ~ eee wae her
ie ket

Ra,

Butchin-
‘Sareanah..
5 & stalans

gemegla were qaeickiy made.

FEE STILE ALARM,

Wil Keogh's Own Piay at Owens's
Acadomy of Music Last Night.
WI Keogh’e “Stil! Alarm’ Company enter-
talned a large andlence at Owens's Academy
of Music last night. Asa romantic comed y-
drama “The SJAle:m” fs au unqualified suc.
cose. &
The pley has more body to ft than the ordi-
pary melodramas, and at the same time con-
tains Features ae atrikingly sensational ai
tealietic a= any production of the kind that
‘yon tbe road. The fact that Major Will T.
Reog® was standing qposece for the play
would have guarantoed It a hearty reception
bere, bat now that it bren seen Its ow:
merits will recommend it to every lover of
wousere melodramatic completeness and ¢r-
ce . n . #
Aaice from an tnteresttng and well aotal
lova story the play relies for its popularity
with a large class of theatre goers ae the
mechanical accessories which {t introduces —a
veritable engine house to which & Hi
alarm™ is brought in the middie of the night
The scene is executed {fn g manner su votirely
realiatic as to stir the blood of every old fire.
man, Ita representation Jast night was
areeted with wiid ppplause from the pitas
well as from the galleries. 0:
“The Still Alarm” will be repented to-day at
& matines and again to-night, and it wi}i
doubthers altract large audiences 03 both
oct astons. ; ae
joes Phe Sherwood Hand, ae,
The Sherwocd Youth Band will give an
enterfaiament at the Colored Orphanage next
Moruay night. ‘the band tg composed of
orphans ranging from ¢ to 14 years of aye,
playinga bew, rich and varied programma =
At tbe World's Fair the band was preaentad
with a $5C0 gold eorn fn Fecognition of ita
truly remarkable performances, The Atlanta !
Copetitation says.of the band: “The little |
nesro band of orphans that Is here in Atlanta !
is one of the wonders of the nineteenth cen- |
tury. The little orphans composing ft are |
from 4 to 14 years of age, who were trained In ;
the Bberwood Orphan Nchool and travet in
support of it. Their tones aro rich, mellow
and pewerfal."” ‘ ; wk &

WEARING OF TOE GREEN. j

St Patrick's Day and ite Colevrativn wu
Charleston. %

This te St Patrick’s birthday and every man
12 Charleston who haga @rop of ‘Irish blood tn
bia veins or who reverences the traditions of
the Emerald Isle will do honor to tha occasion.
Ten thousand men, women and children will

wear the green to-day {n honor of the patron

vaint ef old Ireland, and their hearts will ewell
with love and tender recollections of the land
beyond the mes, ¥
xtesrive preparations have been made for:
property observicy the day. and tne pre.
gramme which bas been maayed ont will be 2
cartied through with the success and entbusie:

A feature of the celebration will be the pa-
yade thie trorning. The battalion will be
fermed on Marlon square under tbe command.
of Cog J.J. Regan and Adjt James 6. Cons
don. be battalion wilt be formed ta tha fale
lowing order: ai

1. Tie Movi qumery Guarda.

‘2. Foe Jrich Volunteers, ooo gl

4 Toe rt Patrick's Benevolent Soctety. ”

Sa}
bt

takeu down King

to tbe Pro-Cethedral, where Pontifical Mass
will be celebrated h Tt H. P. Northrop
Hlahop Northrup will also deliver the addrese
of the @ay. ;

_, Atter Blass the baltallon will be again
formed in Queen atreerm phe Hae of ‘march.
will be throueh Queen tu

Hrosd, through Broad to East Bay, op Kast

borat te the Irish Volunteer Hall. Ths band
will then accompany the Montgomery Guards
back te their armory fn King atreet. CR

At night the iberniam andthe 4t Patrick's

former in the Hiberntin Halland the latter
inthe Turnverein Hall in Meating street. Al
each banguat Au elegant supper will be served |
and a number of toasts will be respouded to. 7

GEN IZLAR'S THANKS,

He le Grateful to the People of Charles-
ton and will do big Boat 1a Congress. |”
Mr W. K. Siecdman, who took so active &

asim Wbieb alwara attands the ooeaston, 4 oor

4. Division 1, Ancient Order ot tifheratana, ©
I Rratereeerncmrs wren ic, hts Dees aa
Haytrg been: formed, thea hos 9 19) wi
ts K strert aod through Qaeen:

Ing, down King ta

Kay to Market, threngh Market to Moeting, |
up Meeting to Heaell, through Hasell to King, +
up King tu Vanderborst an through Vander: °

Benevolent ‘tocleties wiil fixe banquets the

PUTT In the recent Oan
this Cuy, represen
Janies F. tala’, bas ;
ter from Gen Inter

Was then” ented.
ti. The case War appesial.
ePourte ks dhat Conm returagd

fe, f

LY fog B-

ood peo lgof
hoses wih FT Re 4

Ey 1899, is:all“I have"so;wouldvappreciate. anything else,i ‘Name;of.the

Théfollowing Small card, - :0Nce again all.I have go se aemsate Ree
anything additional, “Ls from’ ,Birmingham Daily News »~Birminghan,: ‘Ale =
March 16, 1894; "Berkeley Co C005 ~S.- -C.,-March 16, 1894-Jerry Horibeck.”
.. Black, was hanged in the Berkléy iCoPsjat1 yard. yesterday : for the’ murder” os,
“Of Bo b Hazel, a constableyiast spring, Early in the morning’ the® “ees
prisoner attemptéa™to™ commit suicide and Succeeded “in-gashing “his neck”
and his wrist. ;jWitha' piece of- tin. :-He was: sdiscoverediin‘time. and he_was .
quickly. removed and: shanged,.: He died protesting ithat he jhad 3 Killed sthe 2
2. €onstenle, dnjselfcdefense,! voy: “BeXdog, 50 wooYduqe 5.2 Sh Bn Buh: DRS
RTO GLa HATeTOEH ‘Bits: sort ee ar : eicp stenés. 5) eae “ent pathy SE Sa ee =
The following: ‘small? cardséentry. ‘from: ‘Birmingham News “68: August - 4 ay

* Se

‘spoliceman’or date of execution :is:not:even: mentioned: :4 VAugust,4, = +f
1899-Games‘ Phelps was: hanged :h& Charleston,, S..C.,:today.:oHe | had
killed a*policeman. and. this was &he-Tirst: execution. “in Charleston

Ww ne y <3 at PY oor ; t»
j we fT“ - t ‘ ~ <5 o ea VP ty o> at w=
in seven a ODS RS, Ttefeatre A. SGv See. SOTYs 4S" pas uid oc
? . ae he ¢

: Sy 7, 0% eZ Pe Fy ange - ote . pak gy fe ob ke t .e.«

~~ ®@ S30 wat ot fue $a yore: waa he ai ds * 2b iebuot 7 ia Ot a Ea —. on BS Ley acphe- wt a =- Sos

: acts 2 ASe yet tT - © Lt ‘ + 24 4 oe 2 Ss ¥ a. Aa ae oe me ~ nt} . "ew ee psick . -
: a ee ee att cab teenie Aa fe. 2 aint} ye. rate = 3S, sw JS GE rete eas atte fees SOE

J pam ne Sate 8 ~ Swe pl re

I do®ndt ‘know’ whéther” you*witi: “consider: ‘this® "asa aaate within"tha line —
of duty® ‘or: jhot.<"Ifiso;“would Appreciate © ‘an thing | else ‘that~ -you. Might”
develop: " (Special* ‘Dispatch ° ‘tothe Hournal~" "Greenville, ’ 8.703 » May
6, 1907, ~= ~~SheriffR;"F: ~McCaslan” is dead ~ here, following: a “physical”
collapse: ‘after hanging “a: “negro. Three ‘weeks ago *the~ sheriff - ‘execiited *
Joe Evans, ‘a’ negro ,'=who ‘paid: the‘ ‘penalty *for® assaulting his’brothér' 3”

~
~
~

J swife and--then -ki1ling’ ‘his ‘brother: % After the “negrothad “been - ronounced
facad, Cthe shériff: went to-bea Evans eo Boe ae

et é=e™w

“e ABE ees « Gh c mag LOL JSHa, ere 343. Rei Fu RAE S, diet

Bee following 4s” all is ake? pheme ser fpolicénen nd ‘etreareavan og

%
ae a
3. ot Hire
eS >
vv.

“Report, 1910, ° ‘thet Sherraca was” 306 VORP: 1d: sefedeert ga goths ~.£ 2
tts wis an (S308 pa tre vee Hid ae rGa 1 ON a Ash nengaied eis c258 = Arar LF: “ E

Sx ties

“Explaha'tion’ of. jterminology. Smai1° ‘cards ‘This: ‘is. ‘first bots (outside =

1 tpt ow

“of ledger) * ‘made’ ona’ ‘case’ and"is: used’ ‘for Anformation® ‘until’ space’ ‘runs
“out or as referral: ‘to source, "When “space ‘runs’ out, a’ Worksheet’ “Ls” —

“prepared ~or. article: ee P Tee at BN WsE: Ne pare See ~ Son SS res at Bat he leas oe

m
“*
a
¥
=

‘
( »
,

‘

e > * - r Le .
Loe a ied oo a hE. Boake eee eit: oe

‘The. ‘fdllowiie ag ‘another: “samil Card | éntry* ‘and | ‘Ls’ ‘all “y aves If you
~can use -this and “develop. anything : ‘else, ‘please’ advise,“ "Camden, - - 5. Cc.

= January - -7; (1911-While the wife of his “yictin, Jonn “Cook? “Jailer: of -

Kershaw - County, slooked. on, “averring {that~ “she * owould be. willing to Eprine
‘the: trap, Milton, ;Kiser, -alfas- Henry Huntley ,* wa s* “legally* ‘hanged here

Stee in. company ;witk* ‘two other; Africans; specdped from. jail by
tener nats, ‘the jailer, *Kisér™ ‘Striking® tne* fatal “blow: 8 See a.
_ JOURNAL, ‘Atlanta, Georgia, January 7,°1911 (2: Ce Pees ms TRG LS,

ae) SV ELS SI

“The: ‘Tollowing entries -on SC.4s all 7: have; 80 “would. appreciate: ‘anything ~.
you might develop::"GREEN, Jasper and: REYNOLDS,” David, ‘blacks,’ electro- :
cuted S, 0.7:9-4-1913; "Beaufort, July 29," 1913:: ‘Senténce of. death this :.
afternoon was pronounced on two. negroes, David ‘Reynolds ‘and ‘Jasper Green |.
for the murder of dispensary -constable: wv. R. Cooler.‘on march 295," 1913... ti
the ‘first ‘trial ended :in a failure <to agree... new : ‘trial ‘immediatly. Summoned,
:After a ‘day. spent “in raiding -blind ‘tiger. ‘shops ,* sMr .“iCooler, with his negro-

eee ae ‘was walking after’ sunset through a’° black ‘stretch’ of: ‘woods near.
“one of the principal Settlements on” St. #elens ‘Island when he. Was. shot 222

ra
(continued On next page, senond iten. )

THE NEWS AND COURIER: SATURDAY MORNING. FEBRUARY 11, {&

2 ae < jm aie |

ATTLE. TRE LAST ORANC £. A MURDER AT THE MIN ES, s0H 2 BOOTY An twar, BUSI
You Must Guess th® Missing Word Re- ee Subscribers to The News and Contier who renee Sy

? RAIL. fere Noon To-day, ANOTHER OFFICER OF THE Law Can't get thefr Paper by Reason of Loose Auderson's Ja
As St Michaels clock strikes 12 to-day the SLA CGHTERED, Math Arrangements, Good Macaror

3 cOntest closes fer the missiog word in the f erence The News and Courter iain constant receipt Pence teen
Monday | 51, raty contest of The Sunday News. Ail who | ‘Jerry Horlbeck's Desperate Crime—Put- of complaints from its readers along the fine Nice Mixed Cs
be Simon: | icrend totake & band in that trial of literary ting a Posse ta Flight=The Unsaccess- of the Port Rogaland Auguats Raliroad, who =~ Moss Wat:
ski shold see tbat their coupons reach The fal Parsuit of the Murderer. vay that they casmot get their Dapers with any Ceeniies ee

aes isfor i ine and Courter office in (ime. The reaailt A terrible tragedy was enacted yesterday | iy pee of reweiarity. 4 Sadsecriber at Okra and Tom:
le le busy of the cortest sill show conclusively that | 2bout the hour of midday a short distance Rrunson's writes under date of February 8. Vienna Sausag

take place | chariestun is @ ecrence reading communityas | tom the Magnolia Phosphate Mines, across | “To-day ( Wednes@ay)I received Monday's aad Mpiced Salas |
a moe

“| the number of sxoresaful wreassers is already | Ashley River. Jerry Horlbeck. a colored des- | Tuerdsy's News 0d Courier, and to-night I ndon Hadde
ral Town. much greater than last Sunday and It is still | Perado, ehot and instantiy killed Robert | hare ret received apy atall. 1 received The Th jars Nice E

8 date for growing. Guesers bave come from many | Hasell,a colored coastable, who attempted to Sunday News es Tuesday, and 80 on. It + pal tn we

gainst the distant States. sume from as far Nerth aa | ®! rest him. toi feces yery stramgeto me that haviug four Lelicious Freat:
tto-day to New Jersey. Interest in the contest ig on the These few words describe one of the most passenger traing @ally, ang in such eloge Sais
certain of increase, as mazy letters from the contestants | brutaland unprovoked murders that has ever proxim{ty to twe ether railroads, both having WHATTHEY a:
im the Port prove. The range of the guessing will be fally | SCcurred Io this vicinity, the seme number of trang, it c@hnot be | Pills are the best

ind befors as Wide as it was last Sunday. The full de- The newsof the 5 ors 8 Teached the city yes. arranged 0 that we can get our Paper on the BES el Be

ft a, but a wild - : "

s taila of the contest together with the coupon nat et know that Fm pare day of its publication.” . The ear
to United for next Sunday will be found in The Sunday | been killed, but the a of the affair ware be News and Oourier has been at some ere unr bent
aemeat of Mews fa-anuteud. Piha lacking. {The first authentic fo- | tronbie to investieste the Matter aod {a forced Third. They ar
ithe Oourt | > 4 formation waa a brief telegram bh Oblef | a ine conclustow that the blaine t gy hird. They =
. Martin received during the eventug trom | * rey sue for such Iu- | Fourth. Thes in
orth inter- OVER IN BERKELEY, Lamb's Statiog, giving ‘be cold facty asabove | excusable delay “east rest with the mailing | cleanse the stoma.
repaing to LCR! stated, ‘ Gepartment. The Mews and Courter mails for Eoith, Teez
te then Yesterday's Proceedings of the Court of As BYEWITYNSS, 4.4077. 5 Brun-on are sent out of Charleston by themorn Wiha iret toate
pate viet SessionsmA4s= Enfant Convicted of Ar- ing nish ae fia tena Set jovee at fog train on the South Carsiing Raliway. This The skin becomes
hy reed ye ne ; fame {reah from (be scene of the tragedy, am} | train arrives at Denmark, the janotion with poten rept po
enld t In the Court <f General Sessions at Mount | in tact was one of the witnesses of it! Mr the Sonth-Hound Raliroad, at 9.43 A.M. and devay arrested.
shearing ts Pleasant yesterery, Judge Aldrieh presiding, | Hivera was scen by a Reporter of The News the South-Bound train on the | t a Brandreth's PM}:
setbis cad | the case agains: Joba McClellan and Henry | sud vali that bo know ee eeconmented to dis vate tea cla Denmark at 9.45 A. M. " Dertataty medicine store, eit
ese, dom McClellan, trie@ on Tharsfay for arson, bs fhe Magnolia Mines,” he said, “are owned The News and Courfer should be delivered to} Liant Saapes fr

concluded. The fury found John gullty with | by ip wh ae kney. Jr ane ane eimuated it- rcaders along the Por, Royal Railroad be. soning ere a

; ‘ é thos ft ercy, over Aubley River, a distanceof a ut Gftecn __ . vebing tiloves, Lé

al Se culty adatom to merry, and Henry wot mailes from Charleston, [| an employed by | fure noon cn the uy of tts publication. Silk-finished Henr
tee ‘ the auperintendent, Nr R. B, Cuthbert, as ong Tce South Carwhna Railway authorities aay | Spring Ginwhama, |

aville case bls ae part) Pac rs vin Minarcliow, proba- a orarrast had bee ee tunes, | For ne ume that the connection at Denmark {4 very close: Eeegant Evening :
suns Ro lowest sentence — could be imposed, even hegro named Jerry Horibeck, who hea cane aud thatit ls seldom missed by their trifna. It ] * _ _ 4

| ESR TSU EUSTSP IR | Matta ee Si mb | 8 tne mln yt re lok | FAY SIRS
ta. "| tender years of tbe Prisoner a petition to the of Mr Cut bert. “The warpant wee cee) ue niu the matter aed see that the evil tx cor ner’s, sa
lown quite | (iovernor to comaunte the Sentence to a short Trial Justice Been, of Summerville, but | tected. The Goreramgent PASS enough for ita

Tur Best and |

lants who | termin jatl waa Prepared at once and was . mail Toe be ded t. a
of Court, | uigued by the fury. the Judge and the solict- the man nid moraine a Or en a ee mat service to Baye tt properly attended to, kn uip’s. |
Riser and | tor. Henry McCoeilen, the father, was held by Sweeny's colored deputies, Robert Hasell and liaeten Look SmaRp,—There are some young pppisoRDERED Liv
mat by ; lis.

5 the solicitor for tris! at the next term on the . ‘
Pere charge of tetring the bey to commit the ya and Gnd forte, It poesibie ere ee sluce ih the Utah aber ates wc Ati 7 :

. 6. crime. on ope * He a pi list e365 thea Steg S SOBA any. LiceT SLGIN ir |
road" aa} the next case tried was against Sancho about hres maleate iat rade a distancs of Noi Bither thas fe Aas Sa wholly devoid co. a
Brown, colored. charzed with burglary and ~mali wettiement and began a hunt for ie Any lute aucmad tw le ordar.” Boe cone Gueat Clearing Sa

ey words Toe pares, Te, the ned “ateallng hee ha = 2 ry bee s past Deputy Oollertor Ostendorff, of tae cliths, Linoleams, 4
‘TE, tiree bags ofescton. Gen EK. J, Dennis repre- bud Rar ret at elther side, Tf temalnod ted States Castom Howe, hay been noc. | & Co,

eenies mint = Thedjury found « verdict Baroy horse apd the constables dismounted, = vane seca. Nelarge ote from HoMe-WADE CARO
ty far bis | o Dow aise colored, was noxt tried for | Barnwell went around to the rearof the house J Of} )\ Unilding, and on closer examination | Per bottle, at The T
?ro-Con- ouele Pennett. colored, aud Hasell advauced to the front door, at they were found te have been made hy bullets Uaonweens ee

felonious aysac.t upon Reina Pinckney, the : f |
ve Arrival | ten-year-old. dazehier of Joe Pinckney, col. ty doe Bena eero man, whose eenty po fired from a gam-or pistol. The glasess in | Tans and Grays, até

ored, at Point Comfort plantation, in October | iin; 'f be had seen Jerry Horlbeck. tise Windows are three-eighths o Aa toch | iiben & Co.
‘ely last. Mr J. Bo Cnrtls represcatcd the ac- | © ste y Oey ee FOF thick and pre wery costly. The authoritios =
‘coived hls contd. The jury found a verdict of plied no. The constable then proceeded tom! are shocked that anyone should be guilty of Kewempen State;

aulty of > , = :
Hosebery, | sesauit and batters with intocs to raviah, with fie san ee wher Kime and “ooking ag: | such acts cf vapdatbam, ame sharp watch Is | quarterly on deposi

rdsy after- | recommendation te mercy. Sentenced to peared before bim with a gun which hej buw beltig et 3 for the guilty parties. if | per annum. Securit
: ohtpe tbe te the Peni fary. ° } A gun, CV: fT caught they wi tie made to saffer tho utoissz
‘¥ for New “pee weet eee on saute Maxi Odom, | ¢!'d and pulled the trigxer, It contained venalty of the law ead will bave ample time | Szconp-HawD PIA

. 3 a ; {
) arrive on colored, charged with assault and battery & LOAD OF BUCKSHOT, 3 behind prison bare to reflect on their igro- | ¢ash, or tertna to su
ze of her | with totent fo £1 another colored woman which boried teal? tm Constable fesell's France or malice, a Wenzel's Music Stor
to thelate | named rp hee t. abe testinnony erat poe "s og ys + fee eas Vike : ego i =— A.
‘que. Whe | free Nght between a ot Of women on their | whic S hatin bie hand. ter hg he eVervar = C ue 3s F
Dehulon BY | Fay to @ dance wear Ten-mile Hill, in whinh hever moved again. Horlbeck. who was also Waskinay! Fake sood mene pi bi Lf ey fs )
b Nesbit was eericusly cut with a Yazor | armed with a incheater rifle, then fized at vice at Centenary (Church last night. She MOUDIE “SARTO
achargeof | hy the defendant. Some of the wituesces | Constable Barowell. who was o the rear of fook 8S her sibiect: eCamereration Secure. Mette on the ttb of §
ict asact. | testified that Odem took the rasur from ber | the bonee, This load took effect {n thal tter's thon and Testimems “which she handied to li. Morris, “J. WW,
rope of Mr pockat, God others testified that Nesbit had boot, but did Hot wound thn. Barnwell also Apiain but furesdie “awanner, 40 4s to bs un- | Canada, tu Cuama ¥.

oi nh. razor and drepped it. The ury foand a eli wn as if _ | was at the tine ca ; 3 st nic
me whee wae verdict of ‘hot gtity. Mr T. B. Cakels repre- 7 still ettting op my borse some distance wey ek. Rhy Real enti e eat Deine ge een
as he may | sented the accused. away. and {a a few seconds after the frat SWOT manifested 5 ‘ fnnerc
Teute from ape cane, sauinast a with wre, Brune + pe PF aarcerer was levelling bis Win. wie : said ; a a ES aha
and Bennett, cha: w eckin Strain | ches at ine. : > 5 1
: Béw post | ofthe Sonth — na Hallway tees ny at te A Wixcuesran. cs Se2 2d Page mms otner Local Matters, The Relatives
few Orleans | Lincoinvijle on the 8th November, 1491, wag i TB le ee ie late Miss PAMELA F
ion than | continued until the next term in consequence He fired several times, but missed me each BUSINEAS NOWCBS, Mrs R. Bentham Sin:
bof reaed | of the absence df tme important witnesses tor | time. f thes yest back to 3 es for Les = b
Bofrespect | the State. ek : asristance, and te = abort while Mr uthbert Sexton Ratway ACeipENT. Milk train | Vitedto attend t m
the man Sean hae rata, Warren Durant Ra eld # hoses and we all went back to the in coibsinn; ow milkman turns up; disap- | former, af the Firs
Victed 9 ,"4 - . : tal- .

prders @ found Barnwell, who sald that “lated boutekeepers; coffee without : is efiera
k & formal | ing three bales of cotton from the gin house of | afer belng shot at he remained eciil, aod A retty anioyabes resulting from a neglect to eae poe Bo
t by an ele- | Dr J. B. Wiguins, were sentence: te one year J Horibeck evidently thought that be Wo. was To icep the tall Borden Eagle Brand Condensed | o'clock. |
John's in- and three years reepectively in the Penitent!. “bap Brig er alee hg ik ‘in the hose. Order now for fature | phe Relatives, F
and re- | ary, os “: : sell toa igenci steceT or drugyist,
asociations if Judge Aldrich wilj Re fineaged to-day {og | Tile, Ho then searched ‘the dead man's | S*)stncies {rom SraceL of drugytst fe woces of Mr and &
picket: hearing the Port Royal Mallroad case at the poe sote, drew out a pair of handouffs and 0 Bransen Tarnr Caps, Blue. Yellow, | are reepeotfally farit
Charleston Court Mouse, the Sessions bet. | broke thems Up. The marderer, after this eno} Reg. White and /Black stripes. si, @acd. | cers of the latter
bens in the Rerkeiey Court was Sapended yng | Sct. shouldered ‘the ritle and hastily left the | py hee, corner Broad and Charch streuts. ppotians thie aftermae
: - * +) c

CENNI4L til Monday morning pext. B & #pec
wate londay Horbeok, Fixe Beiter rlalty at Welch & Eas.
on's. i aaa eee, :

ne pret ee gas 5 ives a
er Visitors 4M USEMENTS. end he fs now ia fail at Sommerville, [ani SERS The Relat
(People. b Eewit at the Accden, -; | ts ioeBiogeit SURE tat ‘he gave bis name relocicty Barges ana Egnies and other | Mrs JF. BAIL are re
to ma - | Mies Jeffreys Lewis at 6 Academy of dine pag aca f eecret tocitty Bagger a “harms can he pur- end the B
ore me a ; . hwo seas z: f ONS RUNDRED DOLLA RA REWARD, - chased of Ja es Allan & to, A 2 his late residence, hi

at 3 o'clock this aftert
The Relatises,

Rie ; ae Mr Rivera then sieted that Mr Cathbert has | 4! pics eacgeeeey Be
Theentire Scathern prea devoted eo | alree y offered @ reward of one bundred e eer? on bata. ee smn cece AU
ts Rrtizts~}isre forthe capture of the marderer, the fol. | STANDARD Teas and Coffees tut

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ut hE Wa RE

_ FRANK HARRELL and MORTIMER M. KING, electrocuted South Carolina State Prison
| : ‘ (oChesterfield County) on Dece 5, 192he:
oe

"Asheville, N, G., July 16, 192-Major Samuel H, McLeary, missing arny officer, was killed by
fortimer H, King of near Canton,,and a companion whose identity is still uprevealed, on the
afternoon of July 2, according to a sworn confession made at Canton this afternoon by King to
federal and local authorities, A search is now being conducted for the body of..the major,
which is said to be hidden ‘in the brush a bout 10 miles from Cheraw, 5, C, The motive for the
killing, ‘according to King's confession, was robbery, After the major had taken King and his ;
companion into his ‘car and offered to give them a lift up the road, they compelled him to stop, at
at the point of a pistol, forced him to get out of the cary, shot him to death and carried his ¢
body into the brush at the roadside. Stripping the body of valuables, they returned to the car
and drove it to Asheville, thence toward Canton, where King lives, according ‘to his confession,
After an unsuccessful attempt to cross Crabtree mountain, near Canton, they returned to the . .
thicket section and ditched the car unintentionally then unable: to extricate,it they hid McLeary's \
belongings, stripped off the license tages from his car and fled, King going to his home. near ye
Canton, * 4he confession was obtained only after Kins had been questioned and released, This after-
noon, however, he was again taken into custody and a search was made of his house, _ At this time
a shirt was found resembling those found in the belongings of Major McLeary and, checking up
shodethat the Majors' label and laundry mk coincided, Confronted with this evidence, King
broke down and said: "Well, men, I'1l tell the truth, That's his shirt, We did it." The
confession was made in the presence of four men: Charles H, Powers of the U. S. Depte of Justice;
Chief of Police H. A, Sumner of Canton; Major 3 W. Williams of Asheville; and Hubert Holloway of
‘the Asheville Citizen, King is a deserted from both the U. S, army and the Marine Corps, accord=
ing to his ow‘confession," BIRMINGHAM AGE HERALD, Birmingham, Alabama 7-17-192h.

“Columbia, Se Coy 7-17-192)-4 formless heap of bones, with a bullet pynctured skull standing out
in high relief, today marked the end of the 2-week-old trail of official and private investigatio
that started when Maj. Samuel H, McLeary, U. S. Army, disappeared while en route from Raleigh

totfolumbiaj They were pointed out and identified not 150 feet from the Raleigh-Columbia high- y

way in a densely wooded region, a dozen miles south of Cheraw by Mortimer N, King, who, according BN
to officers, confessed yesterday that he and a companion whose name was withheld by officials bee I aN
cuge he had not been arrested, killed McLeary on the afternoon of July 2, Dispatches received vd Nf ‘

from Union, S, C., today said that Frank Harrell, 22-years-old, construction worker of -Lockhart
near Union was being sought... Ming, immediately after he pointed out scene of tragedy and led
officers to body was brought to Columbia and lodge in Richald County Jail.e..officers said when Bi -
right spot reached,* he recognized’ it immediately and led, officers to where he and companion had eae As
dragged body after forcing officer at point of pistol. to leave auto and accompany them into “ti
AA eS oN NY woods where they shot and relieved of valaables, Two bullet holes found in skull, one on each
GR mesa} |= side, rieart temple. e.eKing's confession declared officershot twice, the second shot ending’ life.
, ~*~ “No clothing, save a few scraps, so stained and soiled as to be unrecongnizable, was found with re-
xX fe © mains, Shoes, however, were intact.It was developed at inquest that crime was commited in

AS ce dk Chesterfield County, a few miles south of North Carolina line, Inquest held on side of road near
where tragedy enacted, Discovery and identification of automobile, a touring car,. led to arrest
of King as a suspect, but released, Further in estigation resulted in finding shirt of officer meee ey
on King's premises which led to confession," AGE HERALD 7-18-192h. HRS ER ESR

"Greenville, Se C, 7-18-192l- A young man, believed to be Frank Harrell, taken into custody by tonal y
NY Greenville police today. Man said his name was Harold Walker, Walker or Harrell is said by ee,
nN police to have confessed to theft of roadster in which he was sitting when arrested, He eppeared \
ng RR *s to be in dazed condition and is said to have feigned insanity, AGE HuRALD, 7-19-192, This \
: man released and Harrell still being sought, AGE HERALD, July 20, 192h. oe

oy Seay is te "Frank Harrell, 22, construction worker, who was arrested at Nashville, Tenn,, on nite of 7-22-'2h
oe Renter on a charge of vagrancy and later identified as man wanted on nite of July 23 repeated that he was
Mise Dea. not a party to slaying of Mcleary and insisted that he had been forced to accompany King to place
aM ~ of killing after King had drawn a gun on McLeary. harrell, member of Methodist Church, called for
Methodist minister and one was sent to Nasvhille jail. He said he was not well acquainted with
King, but had met in him a rooming house and knew only as casual acquaintance. In alleged onn-
fession, said that shortly after they met, the two had.started together to Canton, S, C, to obtain
work, As they were walking along the road, they hailed several passing automobiles but none of
them stopped. Major McTeary did stop and permitted them to ride, ‘I was on the front seat,
talking to the major about army life,' the confession runs, twhen King tapped him on the shoulder

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and caused himto look around at, the gun King was pointing at his head, ‘Drive the car into

the woods and stop,' King said,' The major is then alleged to have asked King if he was serious
about the holdup. King, Harrell said, replied that he was, and the major complied with the order
to drive into the woods, King ordered the major to stop, Harrell continued and without’ warning
shot Mcleary and rifled his pockets, ‘

"The young man insisted that he had nothing to do with the killing and maintained that the reason
he had not reported the affair to the authorities was that King had threatened to kill him if he
did so. Inasmuch as Harrell declared that he would not fight extradition proceedings, no plans
have been mde for returning him to South Carolina, Any developments in this respect will await
action by South Carolina aubhorities., ...In his confession Harrell declaredthat after King had
drawn the gun on Maj, McLeary, Harrell turned to him and remonstrated with him, but King cursed
him and ordered him to keep quiet. When they reached the selected spot in the woods, Harrell
said: "King told the major to drive off the road and then made himget out of the car. He told
me to get out also and made me march alongside the major into the woods, The major pleaded with
King to remember that he was an army officer and a former buddy in France and that he should be

~ respected. ‘King ordered the Major to stop and soon afterwards shot himt wice in tke head, Whe
the major fell, King turned to me and cursed me, and pointing the pistol at me, told me if I ever
snitched on him that he would follow me all over the world and kill me in the same waye King
went through the major's pockets and took some money and his watch. He grabbed a bush and threw
it over the body but didn't hide it very well. He made me walk in front of himback to the car
and there took the-major's suitcases and went into the woods again, I think he left some of the
clothing there hidden, He took a suit and a shirt, I think, that was in the major's srip. “e
fiade me get in the major's car and again threatened to kill me if I ever told of the killing, We
drove toward King's brother-in-law's house at @anton, S, C, Going down a mountain, King let the
car skid off the road anto a ditch and wrecked it accidentally, He took me to his bopther-in-law's
house oust&sde of Canton, N, C., and we stayed there three days, I escaped out the first chance

I got, but I never say anything because King said he would follow me and put another notch on his
gun if he had to do it while I was asleep. A man yould would do a thing like that would bump me
off too," Harrell slept in the same bed with “ing for three nights after the killing, he said,
explaining:that:"I dassent talk or try to get away until I got a good chance." This chance came,
he said, onthe way to Canton one day with King's brother-in-law and his father. He hoboed from
Canton to Mt. Holley, the home of his brother, and on to Ashland City, "God knows! 'm'as innocent
of the killing as you are,' Harrell said repeatedly to Chief of Detectives Robert Sidebottom
during the relation of the story of the killing, Harrell, who is illiterate, knew nothing of

the nation-wide search: that has been conducted for him, He traveled under his own name and when
asked by Nashville officers for his name, he told themreadily 'Frank Harrell," “hen he escaped
from King at Ganton, according to his story, he went to Mount Holly where his brother, Charlie
Harrell, was working, Failing to find work there, he said he and his brother left for ‘ashville
_to' visit therere mother and sister who live about 15 miles from the city." AGE HERALD, 7-2h-' 2h

g
e

“ os Pe bees ey ~~ . Ahoatar Fa| . ry ra
HARDIN, William, lack, hanged at Chester, 30 on 12/16/1904

‘morrow, ee ee a
A LEGAL HANGING AT ‘CHESTE

William Hardin. Colored, Hanged for
the Murder of Hin Father '
a | ineLavw.
Special o The State.
Chester, Dec.- 16.—Willlam = Hurdin,
~ colored, convicted ut the November
court of the murder of Henry Sanders,
colored, Was hanged here toduy, at 11,30
o'clock In the presence of quite a com-
‘pany. After 14 minutes the attending
physicians declared the body dead from
dtrangulation, The tnurder was com-
mitted: on the 7th of September, and
was moat atrocious, Willlum Hardin
wun son-in-law of Henry Sanders,
who protested while Hardin waa cruelly
beating hin wife. Mnraged by the In-
terference of the father, Hardin nelzed
hin gun and fatally shot his wife's
futher and then crushed his skull with
the gun barrel,

ee eee ee ne ea ee x ee a

HARPER, John, black, hanged Chesterfield CH, SC, 12-16-1898,

"CARRIED A BIBLE IN HIS HAND: EXECUTION OF JOHN HARPER, COLORED, AT
CHESTERFIELD, S. C. = Charleston, 3, C., Dec. 16, 1898-John Harper,
colored, who killed Mandy Campbell, white, lastspring in Chesterfield
county, was hanged at Chesterfield Courthouse today. Unusual interest
was taken in his case, as it was the first hanging in the county for
forty-three years, the last execution being that of a white man for
forcery, in 1855. Throuch the efforts of his attorney, a respite for
thirty days was granted with a view of getting a commutation of sen-
tence, but Governor Ellerbe refused to commute. Harper walked to the
scaffold with a Bible under his arm and hymn book in his hand. He did
not show any nervousness. In addressing the crowd the murderer said:
'I brought thison myself. I say to young men to do away with pistols
and whiskey. I have nothing against anybody. I never killed Sandy
KAMARA Campbell intentionally; he was my closest friend.'! He prayed
for those whose duty it was to execute him. When he had #XSKXRRGAXKES
risen from his knees he cried: 'Come up, sheriff,' and died with a
smile on his face." CONSTITUTION , Atlante, Georgia, Dec. 17, 1898

et °$%4.

48 HIGH SHERIFF OF THE LOW COUNTRY

Our witness continued that he’d hidden on the floor of the car
when the shooting started, and couldn’t identify the assailant be-
cause he hadn’t seen him.

By 12 P.M. quite a crowd had assembled. All of them wanted to
help so I gave the loudest ones something to do and tried to calm

the rest of them down. Beaufort had never had a lynching, and I
didn’t want one now.

The crowd slowly dispersed to talk in smaller groups. I was try--

ing to eliminate as many elements of the puzzle as I could. The
killer couldn’t live far from the highway, as he was walking, and
the way he’d approached and crossed the lot suggested that he was
heading some place on the right side of the road. But most lmpor-
tant, he was an excellent shot with the .45 calibre automatic. Not
many men could shoot with such unerring accuracy, especially at
night. .

I remembered that I'd often heard of a young World War II
veteran named Smith Harvey who was supposed to be able to drop
a rabbit at one hundred feet with his .45 auto. Checking, we found

that he lived only a half mile from the murder scene.

Leaving Deputy Michael to contain the crowd, Deputy Randall
and I went to the Harvey home. There was no answer as we
knocked at the door, but I thought I heard someone moving inside.
I called Harvey by name, identifying myself at the same time.

“Okay, Sheriff,” came the reply. “I’ll put on some clothes. I was
sound asleep.”

When he opened the door I walked straight back to his room and
ran my hand over his bed. It was cold. He had been up and watch-

~ing when we arrived.

After only a few minutes of questioning, he gave us his account
of the incident. .

“I was coming from a dance when I saw the parked car, but them
cars park there all the time, and I didn’t pay it no attention. As I
walked by, one of the men leaned out and yelled, “Where you going,
Nigger?” T told them don’t call me that, and they came out of the
car at me. I had my pistol, and when they came at me I shot at them.
I saw three men, and I shot all of them.”

I handcuffed him and sent Deputy Randall off with instructions
to return as quickly as possible with a highway patrolman and his
car. When they arrived we put Harvey in the patrol car and sent
him off to the Columbia Penitentiary for safekeeping. We gave
them a one-hour lead, then told the crowd that we’d taken a pris-
oner who had confessed, and that he was on his way to Columbia.

MURDER 49

Exactly two and one-half hours had passed since I first got the alarm,
and they found it hard to believe that an arrest had been made
and the prisoner had been whisked away right under their noses.

When his trial came up Harvey was represented by a fine Sa-
vannah lawyer, Mr. Aaron Kravitch. His plea of self defense was
eloquent: the men were advancing and it was dark. What could the
defendant have done except protect himself? .

Solicitor Murdaugh agreed with part of this, but asked the court
to consider the third man. Was he not trying to crawl under the
car when he was killed? If so, could he have been such a terrible
threat to Harvey as to warrant his death? Was he a threat at all,
or just a terrified man crawling for shelter when he was shot to
death?

Under cross examination Kravitch asked me if the third man could
have been shot while advancing on Harvey, then turned to try to
crawl under the car. ; .

“T found two freshly fired .45 calibre cartridges under the car,” I
answered. “This shows that the pistol was being pointed down-
ward at the time of the firing.”

The defense lawyer questioned the accuracy of my testimony, in-
quiring at the same time whether I considered myself expert on the
ejecting mechanism of the .45 automatic as well as its ballistics. I
answered that I felt qualified to describe both accurately. .

“Your Honor,” said Kravitch, “you can see the implication of
the sheriff’s testimony. I ask that the sheriff be instructed to dem-
onstrate with such a pistol before the court and jury.”

We adjourned to the riverbank across from the courthouse. The
solicitor and I walked together, and he told me, “Sheriff, you had
better be right or we have no case.”

Mr. Kravitch took out two handkerchiefs, placed one behind me,
and instructed me to shoot in a direction that would cause the
ejected cartridge to land near it. I did as directed, and the casing
hit the handkerchief. After doing it a second time with the same
results, the trial was resumed inside the courthouse. Harvey was
found guilty of murder and sentenced to death. *

They called him “three fingered Brown,” that is, when he wasn’t
close enough to hear. It was Mr. Brown, or Uncle Dick, if you
chose to speak to him.

My informers brought me news of his arrival.in Dale shortly
after he settled there. He was a light skinned negro, tall and lean,
about 50 years of age. Rumors were that he’d killed a man, had
eluded the law. and the bloodhounds, to live in the Savannah River

« ta

44 ---sH SHERIFF OF THE LOW COUNTRY

of intelligent hélp that I could think of was the FBI. But I knew
that there had been no federal law involved in the crime, and without
such involvement they couldn't be called in.

However, an agent of the FBI and I were good friends; we had
worked together many times before on cases that were of interest to
both of our departments. His name was Bruce Green, and I called
him at his office one afternoon to explain my problem and my state
of mind. He agreed to take some of his vacation time and come to
Beaufort to give whatever assistance he could.

When he arrived we had a conference and decided that he would ©

start from scratch and develop his own leads, ignorant and unaffected
by what I had already discovered. Maybe working this way he could
develop some different conclusions that would end the mystery.

“You and I won't discuss it until we’ve ended tlie investigations,”
he said. I was only too glad to agree, .

: Day after day, and often far into the night, Agent Green conducted
his examination of the facts. Many times he thought he was getting
somewhere, only to find himself at another dead end. I know, for I
had travelled all the paths before him.

One night Green came into my office saying, “Sheriff, I’m licked.
I've followed all the trails I could find, and I found you at the end
of all of them. I can’t improve on what you've already done.”

He handed me a piece of paper and asked me to write the name
of the man whom I believed to be guilty. He did the same on another
scrap of paper, and when we compared the names they were
identical.

Green predicted that this murder would never be solved, unless
the individual made a deathbed confession. The person whose name
we wrote down that night has since died, but there was no confes-
sion. There is still no name for the killer of Aunt Clarissa.

Knowing your citizens and their habits, both good and bad, can
be invaluable in police work, Knowledge of people, stored in your
mind over many years, adds up to;an index that can often solve
many problems that in other cases would remain unsolved forever.

I had a chance to use my store of knowledge one night when I
got word that Postmaster Wilson had been robbed and brutally
murdered in his store at Lobeco, $. C. His head had been clubbed
beyond recognition, and a sharp pointed stick had been forced into
his ear openings. His body held twenty-nine icepick stab wounds,
and the last one had lodged in his spine, breaking off the pick han-
dle and leaving the spike embedded there. Searching the store fur-
ther, I found the lock and stock from a twenty-two calibre rifle, both

MURDER | 45

covered with blood and tufts of Wilson’s hair. The rifle barrel and
breast plate were missing. .

Lobeco was a small country village with a railroad line running
through it, passing directly in front of the store. We had cordoned
off the area shortly after our arrival at 11:00 P.M. and planned to
wait for daylight before looking outside for tracks and other signs
to interpret.

A large group of local farmers and other citizens had assembled
by dawn, and all of them had some sage advice to offer in relation
to solving the case. I had learned many years before that a sheriff
needed to get voters to be elected, no matter how efficient a detec-
tive he was. So I tried to listen to all of them, and then appointed
the loudest of the group to guard a railroad trestle or crossroads
somewhere. This procedure makes them feel important, gives me
time to collect my thoughts,’ gets votes, and who knows, some day
one of the armchair detectives could be right!

We had notified Solicitor Murdaugh, and he arrived just before
daylight. I called him off to one side and said, “Randolph, I believe
I know who the killers are.”

“You must be joking,” he said. “How could you possibly know
who they are if you haven’t even been out of the store?”

“Well, I know that two men killed him, and they seemed to know
his habits perfectly. I don’t see them as transients like everyone says.
I know two young colored men out near Dale who have been out
of work and in trouble a lot lately. If the tracks head east, I think
it would be wise to go out to investigate the Priesters.”

The solicitor wrote the names down as I identified the two I sus-
pected, saying, “Ed, you know the county and your people, but I
don’t think this one can be solved without leaving the store.”

At daylight the crowd was critical of our inaction. Wilson was
well liked in the community, and it was plain that there would be
trouble if an arrest didn’t materialize to satisfy the crowd.

Looking near the tracks, we found two sets of tracks, one com-
ing and one going back. The trail originated and disappeared into
the east. There were heavy woods on both sides of the tracks, and
I ordered Deputy Michael to take as many men as he could find and
search the underbrush for a depth of two hundred feet on the left
side.

“Don’t come back without a .22 calibre rifle barrel,’ I said.
Michael walked off looking a bit confused.

Returning to the store I found that over one thousand dollars
was missing from the store’s safe and post office. The coroner and

‘ eo

50 HIGH »oaERIFF OF THE LOW COUNTRY

Swamp. He’d let it be known that he wasn’t giving information or
seeking any.

He spent most of the day working in his garden and only went to
the store when he had to. I kept an eye on the “wanted” notices,
but none came through that seemed to fit him, Deputy Michael and
I found an excuse to ride by his house one day, to see him if pos-
sible and get the lay of the place just in case any of the rumors
proved to be true.

The first thing we noticed as we approached the house was how
neat everything was. The garden and lawn. were well cared for, and
by all indications Brown had quit running and was here to stay.

He was sitting on his front steps when we walked up to the gate.
He rose to meet us, and asked us if we were looking for him.

“No, I said, “we’re looking for a Joe Simmons who lives near
here.” .

“T don’t know Simmons,” he said, “but I do know the things
they’ve been saying about me, and I expect you’re here to look me

over. I want peace bad, Sheriff, and I’ll cause no trouble unless it’s -

forced on me. But I ain’t running no more, from no one.”

One could tell by looking in his eyes that he wasn’t accustomed
to backing up when he was in the right.

“T want you to know me, Brown,” I said. “I may stop by again to
visit; I like the way you talk. I hope you’re clear with the law,
because I think you’ve found your home.”

“You'll be welcome here,” Brown replied. “Just ask these people
to leave me alone, to give me no trouble.”

It was obvious that if I had to go after this man, I had better be
right. Several months went by and I continued to receive rumors
about him. It seemed as if people just would not let the man live in
peace. But Brown himself was leading an exemplary life, tending his
gardens and home, while living completely to himself.

Then one day it happened. He had gone to the store for his weekly
groceries, and a young man began making remarks, like: “He don’t
look so bad to me.” Brown hit him once with his fist, and the fight
was temporarily over. Brown finished making his purchases and went
home.

Evidently a few drinks made the young man feel that he needed
more satisfaction. He proceeded to Brown's home to get it.
Brown was sitting on his porch when the young man arrived. He

began cursing him violently from the gate, but Brown made no threat-
ening moves. He warned the man not to come in.

MURDER l

“You have come looking for trouble, and you have come to the right
place. Stay outside that gate and run your mouth and you are safe.
Come inside and I'll kill you and stop your big mouth for good.”

Brown had hardly finished when the youg man stepped inside the
gate. Brown reached inside the front door for his shotgun and filled
the intruder’s heart with buckshot.

I got the call and couldn’t reach a deputy; we didn’t have a radio
system then. So I went alone and when I reached Brown’s, the man
lay dead in the front yard. Brown and the gun were gone, and his
tracks led through his garden and a field towards a heavy swamp to
the rear of his home. ,

I followed the tracks until I came to a large canal, where I stopped
to rest. I looked up and down it, and decided that he had too great a
lead on me, also that it would be better if he had time to slow down
and think things over.

When I got back to the house, my deputies were waiting and we
set up several roadblocks. I left messages several places, telling Brown
to come in and I would see that he got a fair trial.

I fell asleep quickly when I got to bed that night, though it was
only 9:00 P. M. It seemed that I’d only just closed my eyes when my
wife shook me to announce that someone was knocking on the door.
It was actually 2:00 A. M. and when I opened the door, there stood
Brown with his shotgun.

“Well, Sheriff, I got your message, and here I am. I’ve heard your
reputation, and I knew after talking to you that you were a fair man.”

He paused, then said, “You remember when you tracked me to the
canal, then sat down to rest? You took off your hat and wiped your
face and looked up and down. I guess you saw the fallen vines, but
you didn’t see me. I was in those vines and I had my shotgun right
on you. If you had come towards me, I think I would have shot you,
I was so excited. But you just turned and walked off, and I was glad.”

“I’m glad too,” I said, thinking that my family and the insurance
company would be glad, too.

“Give me the gun, then walk on over to the jail and knock on the
back door. Tell the jailor to lock you up, but first to give you some
coffee and feed you.”

I knew that he’d do what I asked. He’d only tried to find a home,
but fate hadn’t been willing.

When Brown was tried the jury thought he’d used more force than
was necessary, and sentenced him to five years in the State Peniten-
tiary. He died after serving three years of the sentence, and since he
had no known relatives he was buried in Potters Field.

46 H__.. SHERIFF OF THE LOW COUNTRY

a doctor found that a .22 calibre rifle bullet had inflicted a head
wound. The doctor theorized that the small bullet had failed to stop
Mr. Wilson, and as he turned to face his attackers they had clubbed
him to the floor, breaking the rifle’s stock as they hammered away
at him. Judging from the ice pick wounds, the killers had been in
a frenzy and couldn’t have been thinking too rationally when they
left. .

Michael returned in about an hour with the bloody rifle barrel.
Murdaugh asked how I had. known where it would be, and I tried
to explain that it was only logical that after the bullet failed to stop
Wilson, the rifle barrel had become a club and was the only re-
maining weapon once the ice pick had snapped off. They needed it
for protection as they escaped, but felt safe once they reached the
woods. Knowing that they had to pass thraugh a populated area
made the woods a likely spot to ditch the incriminating weapon. I
had guessed correctly that the man carrying the weapon was right
handed, and would have thrown the barrel to the left since that was
the easiest and fastest way to dispose of it. They were moving fast,
and a throw to the right would have meant stopping for a moment.

Deputies Randall, Michael and I walked to the Priester house
and found the boys’ mother there alone. She knew nothing about
the murder, but was aware that the boys had been in trouble a lot
in the past. She was plainly afraid to say anything that could hurt
them.

She was honestly surprised to find that the ick pick was missing
from her ice box, and when we told her that they’d taken their
rifle with them she really looked upset.

“No, sir, Sheriff,” she said. “The rifle never leave the house. V’ll
go get it.”

The rifle was gone, and no amount of searching could locate. it.
The mother still denied that they’d left with it, but after some more
questioning admitted that she’d been asleep when they left the
house. She wasn’t sure where jhey’d gone or what they’d carried
with them,

It was all falling into place now, and the fact that the boys had
a thousand dollars dictated the next step. Money meant two things:
the city and a used car. We left for Savannah, Georgia, that
afternoon.

In Ridgeland, S. C. we stopped to inquire at a used car lot. The
salesman told us that two young men answering the description of
our suspects had been there earlier. They had said they’d return and
he last saw them boarding the bus for Savannah.

> .

cod

MURDER 17

In Savannah that afternoon we got full cooperation from all law

enforcement agencies. A detective located a car lot where two men
had paid down four hundred dollars on a car, promising the balance
later in the day after some extras had been added.
The county fair was in progress, and it was here that we found
them. They were having a ball, spending money right and left. They
were carrying seven hundred dollats in bills, most of them stained
with what appeared to be blood.

Once back in Beaufort they confessed and told us how they had
planned their crime. My deductions back in the store weren’t far
off, and Solicitor Murdaugh still likes to tell how he sat at the scene
of a murder and was told step by step who had done it and how it

was executed.
: . : / . 99
[6 newspapers called the following case “The Singing Murder.

Four young men were parked on Lady’s Island, just across the
river from Beaufort. It was 10:00 P.M., and the traffic was heavy
on Highway 21. This road ran parallel to a vacant lot where the
quartette had stopped to practice singing. All the men were from
good families and three were married. Not one had ever been in
trouble before.

A passerby saw a man staggering down Highway 21 later that
night, covered with blood and calling for help. Afraid to stop, the
motorist raced back into town and called my office.

When we found the stricken man he was lying face down, dead.
Nearby, in the vacant lot, was a car and two more bodies. One boy
was shinai 25 feet from the car, and the other had died as he tried
to crawl under it. It looked as if he was trying to hide from the
person who was shooting with such deadly accuracy.

Two empty .45 calibre shells were found under the car next to
the dead man.

We were combing the area when Deputy Randall reported that
a man who had been with the singing group had escaped. He had
now returned, visibly shaken and anxious to tell his story.

They were singing, he said, when a man came walking down
Highrway 21 from Beaufort. When he approached the car they
called out to him, and he began to curse violently. Three of them
got out of the car, and when one stepped forward to ask why the
stranger was using such foul language, the man drew a pistol and
shot him. The other two started running, and he shot them too, in-
cluding the terrified man who was trying to crawl under the car.

ib saat adi tas Ne pte es Boe

430 8.6. 182 SOUTH EASTERN REPORTER

garding accomplices, aiders and abetters.” who is Present assisting another in the
The contention is that the instructions giv- commission of a felony.

en were not applicable, as there was no
evidence from which the jury could infer
that either of the defendants “aided or
abetted the other, or that a conspiracy ex- motion, and which are renewed here by an
isted between them.” exception:

In State v. Anthony, 1 McCord, 285, the "(4)
court held: “Where several are engaged as to wh
in committing a murder, it is not material deceased
which gave the mortal blow; for where from dij
one is charged with having given a mortal dence a

blow, and others as having been present, that the other contributed thereto.
aiding and assisting, and it comes out in

“ . . re
7 : : (2) That the court committed preju-
Peence nipedess who * charged with pote dicial error in charging the law in regard
ing gel e rien wound was only 4, aiders and abetters, there being no evi:
present aiding and abetting, and that the dence of conspiracy between these defend-
stroke was given by another, the indict-

. ge Paes ants.
ment is well supported; for it is in law the .
stroke of all.”

In State v. Jenkins, 14 Rich. 215, 226, 94
Am. Dec. 132, it was declared: “All who
are present concurring in a murder are
principals therein, and the death, and the
act which caused it, is, in law, the act of : .
each and of all. There is no distinction (7, 8] As to the first specification of
in the regard of the law, in the degrees of ‘STO testimony for the state tended to
their guilt, or the measure of their pun- show that both defendants Participated in
_ishment, or the nature of their offence, the death of Milam, that Luster shot him,
founded upon the nearness or remoteness and that Hill struck him on the back of
of their personal agency respectively. An the head with a rock and later fired a shot
indictment charging it as the act of a par- himself. Dr. Boggs testified that he ex-
ticular individual of the party will be well amined the deceased and found that he
sustained by evidence that any other of ad been shot through the neck and that
them gave the fatal stroke, or that it was the back part of his skull had been crush-
given by some one of them, though it does ed in, and that either of the bullet wounds
not appear by which.” or the wound on the back of his head
from some blunt instrument would have
and proved fatal; and that in his opinion the
death of Milam was caused by “multiple
The defendant Hill, in addition to his compound fractures of the skull and bullet
plea of not guilty, pleaded an alibi. He wound in the neck,”
claimed, and so testified, that he was not The case of State vy. Francis, supra, is
present at the place where and when the conclusive against the contention of the
actual killing took place, and did not learn appellants. We quote here a few lines of
of the homicide until after it had been what was there said: “This court cannot
committed. The state, on the other hand, say which of the wounds received by the
offered testimony to the effect that Hill deceased caused his death, nor can it say
was present during the entire time of the which of the wounds contributed to that
struggle between Milam and Luster, and death. Under the testimony of Dr. Foster,
until the officer was killed, aiding Luster at least four of the wounds were sufficient
in whatever way he could. The testi- to produce death. If either was sufficient
mony also shows that after the homicide to produce death, then that wound in all
the defendants fled together from the likelihood also had some effect in hastening
death scene, and that Hill stated that he the death of the deceased. And, too, some
was the only one of the whole crowd who of the wounds not described by the physi-
had stayed with Luster. Under the evi- cian as death wounds may have contributed
dence the instructions given were Proper, in some way to the bringing About of the
as stating the law as to the liability of one death of Mr. Langford. All these matters

Appellants finally complain that the trial
judge committed error in refusing to grant
a new trial upon the grounds stated in their

That the verdict was speculative
at injury caused the death of the
, who received two fatal injuries
fferent parties, there being no evi-
s to which caused the death, or

“(3) That the verdict was contrary to
the law and the evidence, particularly in
view of the fact that the undisputed evi-
dence showed that the latter was whipped
up, and to sustain a verdict of guilty is
contrary to public policy.”

See, also, State v. Francis, supra,
authorities there cited.

aiden

s.c. 31
STATE y. LUSTER 4
182 S.E. Seep eas
i him, he violates A
for the de- ishment upon ’ sada
under our law were Soraae * * ‘One That is the law of the land; and ae “03
termination of the jury. her is deemed it to you.” He also told them that ne
infli inj another 1s B : . ee det
hs Poa ie ag aa th micide if the should determine “whether or - unc a
ay He Jay $0. be Saag oS i ll the facts and all the circumstances <
injury contributes mediately or a a See kee ell ea the tok. ee will
uch other. €. Fact OW. : +4 ands environment
ly to the ie ati, EE A to the death take into _consideration hes eget
att Bere the actor of responsibility. of that witness, ie tae ‘ce eee all
4 ro ot pucal condition of the slain have been brought rc)
S e nysi !
So oe Pango when the act was done, those tontters os os dpe wat eee
ear t cuse or minimize its conse- While such conduc aos
i pease ; xlv > >
pie oe if the casual connection between it ficers cannot be = es A eo SEEM:
ee : i i t does not feel, when ¢ ,
made to appear. this cour : of
and the fact of death Se ditag 1 ined in the record is consic¢
: 7 s on dence containe
* * * two persons inflict wounc : ranted
another Syncs times, and the first ag- ered, that a new wiarescag gts vs. 3
anion by the second produces death, he for that reason. - ac : a hiey were
nt ; i ible; f these witnesses,
infli y held responsible; ment o :
who inflicted it will be ; ‘a1 the true facts concern
inj th, and relating on tria ;
i later injury produces dea , tri gk ieee
“ ce, eee is the occasion of the jng the homicide, the hecigeans Bip ie ok
se ‘ddes not contribute to death, the witnesses, bin eon as ec wads of
. ‘ ibili i kind treatment < F
him who dealt ed no unki :
law fixes responsibility on f fi vas sufficient to take the case
If at the moment of the officers, w ; a ice
ihe sxbeestacet, Ow injuri j the factual issue of the ki

: i rieS to the jury on U
1 an be said that both injuri Huard
oan ritaene thereto, the responsibil- jng and who was aieig er or
ty rests on both of the actors. The law Furthermore, the is nis aw oe
ed ; 1 ing to testimony for state,

ffects of the several cording :
does pot measure the © i i is th id ade a voluntary statement to
injuries i determine which is the fave said, m ) on ihe
injuries in order to ; 1 Rs tc iat Gorured 2
: h contributed in the officers Beeie
more serious and whic i h nds, and in which he admitte
to bring about the church grounds, a bed Last
the greater measure i i Hill testified that Lus
f the assailants the shooting. ; : ‘as
death. Although one © i ; de in his presence, bu
; ; i death in statement was ma

aa 1 to have contributed to at vetated ts
we na aie than the other, he is not for claimed that so much of it as re
+ eee z ilty or ill was untrue.

‘ ed to be less guilty Hill w ;
dons eo” Because of the serious plight of the ap
i RAISE i ; t has read and re-read

So, in the case at bar, the question of pellants, the aang, : the entire record,

sa i yho was with painstaking care ;

Tilam came to his death, and w é aa sail
poor therefor, were matters, under and has given much poses eat
ae evidence, entirely for the jury. thought to _the pt ee einen ta.

, * Q

The question raised by the second ground We are satisfied tha

f I motion for a new tr ial has b 21V if and impeée rtial tr ial. The ex-
t t een . Cet ed a fa ce a
oO ©

. : oe .
Ss yr what we I ave said ir our erienc¢ ed and ust u J 1d ,» ina
J 5 -
i y Vv Pp circuit judge 1 very
dis posed of b wha

ré ful to fully safe-
i i i nd clear charge, was care y
consideration of the third exception, a bee preel nee eae one ie A
sia ace coder sina ICE: here and in the court below by able and re-
ses : ?; ; jury ir country-
[#8 3 he rie angen . a sourceful counsel. Aeradgieese! mgr Eh
ee however, upon w
witnesses for the stale werk whipped by the of Geterhining the truth of the charge made
of day following the homicide, ; indictment, have said that they are
bat contends hat hi did not affect the 1 vageree d and no good reason has
; i er 5 r
but contends that this” ise gk aackl wik- guilty of mur a $ ee a ak ete
competency of the — << such wit been shown v y this
esses for the reason tha ‘ ° with thelt 7
aoa that, regardless of any treatment fer
they may have received at the hands of the
officers, they were then relating the true
facts concerning the homicide.
The trial judge, in his charge to the jury, CARTER, BONHAM, BAKER, and

has
that, “when an officer who eae
sonichody in his charge uses corporal pun- FISHBURNE, JJ

All exceptions, therefore, are overruled,
and the judgment of the circuit court is

affirmed.

ets

et teks ee ee

Bg RR Wed atahiA Ram Rha bey

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So ee i eaten 9

page aptaith’ BY

fogs Riles hk aad

Pe Coe ere At

442 S.C.

testimony of the defendants could not be con-
sidered as evidence against a co-defendant,
and I instruct you this, that the testimony
of the defendants—you are to be the judges
of the credibility of the defendants as any
other witnesses and you are the sole judges
of what weight you give to the testimony of
the defendants, as you are the judges of the
weight you give the testimony of any other
witness. I think that makes it clear what I
am trying to correct. You may retire if that
is all you want.”

The appellant now says that the instruc-
tions first quoted were erroneous. He says,
also, that the last instructions did not correct
the previous error, and that thereby the law
on the subject was left “in a confused state,”
and that the effect of the instructions was a
declaration that the testimony of a codefend-
ant could not be considered for or against an-
other codefendant, and he was prejudiced in
his trial by the failure of the judge to ade
quately correct the error into which he had
first fallen.

{1] The instructions first given by the trial
judge were erroneous. While there may have
been an indication in the opinion of the court
in the case of State v. Franks, 51 S. C. 259,
28 S. E. 908, that a defendant, in the trial of

. a criminal case, could not testify in behalf of
a codefendant, jointly tried with him, it is
entirely clear from the able opinion of Mr.
Justice Hydrick, for this court, in the later
ease of State v. Kennedy, 85 S. C. 146, 67 E.
BE. 152, 155, that such is not now the law in
this state. The court said in the Kennedy
Case that the decision in the Franks Case
“was rested upon other grounds” than the
holding there indicated as to the testimony
of a codefendant.

In the Kennedy Case, Mr. Justice Hydrick
construed the effect of the provisions of sec-
tion 64 of the Criminal Code of 1902 (now con-
tained in section 1011 of the Code). The lan-
guage of the statute is this: “In the trial of
all criminal cases, the defendant shall be al-
lowed to testify (if he desires to do so, and
not otherwise) as to the facts and circum-
stances of the case.” The distinguished ju-
rist said: “The common-law doctrine [as to
the testimony of co-defendants] has been ab-
rogated by statute in this state.’ He further
said: “Under the terms of the statute, any of
a number of defendants jointly indicted and
jointly tried would have the right ‘to testify
as to the facts and circumstances of the
ease,’ and the language of the statute does
not certainly in express terms limit his com-
petency to testify only in his own behalf. We
think the intention of the Legislature was to
remove the common-law disability of incom-
petency of defendants in eriminal cases by
reason of being parties to the record, or of
being interested in the result, and put them
upon the same footing as other witnesses.

171 SOUTH EASTERN REPORTER

Hence it has been held that, when a defend-
ant goes upon the witness stand, he ‘thereby
subjects himself to all the incidents of a reg-
ular witness, and his general reputation for
veracity may be impeached; that he is sub-
ject to the usual duties, liabilities, and limita-

tions of witnesses.’ State v. Peterson, supra’

[35.S. C. 279, 14 S. Is. 617].”

While the Kennedy Case was not expressly
referred to in the later case of State v. Cool-
er, 112 5. C. 95, 98 S. E. 845, 846, it is evi-

dent the principles announced by Mr. Justice,

Hydrick in the former case were foilowed in
the latter. In that case, Cooler and. Davis
were indicted and tried together for the
crime of murder. In the appeal, Cooler com-
plained of the admission of statements made
by his codefendant, Davis, in the testimony
of the latter, which statements, evidently,
were damaging to Cooler. Judge Fraser, in
speaking for this court, used this language:
“We say Davis was a witness, and had the
right to make his statement, even if it includ-
ed a statement that his codefendant had done
the killing.”

In State v. Blue, supra, the appellant and
others had been indicted and tried together
on a charge of the crime of grand larceny.
In passing upon exceptions as to the admis-
sion of statements of one of the defendants
made out of the court, Mr. Justice Watts, for
this court, said: ‘In addition to this he [the
co-defendant whose statements were objected
to] testified in his own behalf; and his evi-
dence, wherein he implicated the other de-
fendants, was certainly competent to go to
the jury for their consideration as to the
guilt or innocence of all of the defendants.”

In addition to the authorities cited, the
ease of State v. Peterson, supra, and the case
of State v. Adams, 49 S. C. 414, 27 S. E. 451,
tend to sustain the declarations of Mr. Jus-
tice Hydrick.

While the learned circuit judge committed
error in the instructions he first gave to the
jury as to the testimony of codefendants,
that error was likely very beneficial to the
appellant. As stated before, the testimony
given by his two codefendants was very dam-
aging to the appellant. His testimony had
little, if any, effect as to the charges against
the other two defendants, for the appellant,
apparently claiming that he was drunk and
insane at the time of the commission of the
crime charged against him, testified that he
had no recollection of the occurrence, if he
had any part in the killing of the deceased.
his aunt.

[2-4] The later instructions, to our mind,
were entirely sufficient to clear up the error
committed in the main charge, and they ‘vere
in accord with the law as has been seen from
our references to the cited cases. The law
is, when two or more persons are indicted
and tried together for the commission of the

STATE v.
171

same crime, and one of the defendants volun-
tarily testifies in the trial, as he has the right
to do, then the jury are te be the judges of
the credibility of that defendant as a wit-
ness, and of the weight and effect of his tes-
timony, not only for or against himself, but
for or against all, or either of his codefend-
ants in the case. The charge of the trial
judge, as corrected, clearly declared that law.
It was not only his right, but it was the duty
of the trial judge, when he discovered that
he had committed an error in his instruc-
tions, to make the necessary correction. See
Lumpkin vy. Mankin, 136 S. C. 506, 134 S. E.
503. It is not to be overlooked, too, that the
correction in the instructions was given at
the request of the appellant’s counsel. If the
correction, in the mind of that counsel, was
not sufficiently clear, he should have asked
for further instructions.

[5] The first exception relates to the testi-
mony of Officer J. D. Chandler, a witness for
the state, as to statements, in the nature of a
confession as to his part in the crime, made
by the defendant Willie Evans, referred to in
the testimony by the officer as ‘““Mottie”’ Ey-
ans. In detailing the statements made to him
by Evans, the officer was allowed to repeat
what that defendant had told him of the part
taken by the appellant, Holmes, in the alleg-
ed murder. It is contended that it was im-
proper to admit the statements, or confes-
sions, of Evans, made in the absence of the
appellant, in which acts and words of the ap-
pellant, implicating him in the crime, were in-
cluded, since the appellant could not, under
the law, be affected or bound thereby.

The exact point has been decided against
the position taken, for in the case of State y.
Jeffords, 121 S. C. 448, 114 S. E. 415, the
court, through Mr. Justice Fraser, had this to
say: “The next assignment of error is in al-
lowing confessions of Harrison and Treece to
be introduced in evidence, in so far as they
contained accusations of Jeffords. The rule
is very clear that the confessions must be
given as made. If we strike out any part,
then the confession ceases to be the confes-
sion as made. The rule in such cases is clear-
ly to let all the defendant said be given, and
the jury cautioned not to consider it against
any one, except the man who makes it.”
(Italics ours.)

In the case at bar, several times during
the taking of the testimony, the trial judge
repeatedly told the jury that they were to
consider any statement, or confession, made
out of the court by either of the defendants
only as to the defendant making it, and not
against any other defendant. In his charge,
he likewise fully instructed the jury.

[6-8] The third exception complains of er-
ror in permitting the solicitor, on his cross-
examination of the defendant Willie Evans,
to ask that defendant, generally, of acts and

HOLMES s.C. 443

S.E.

words of the appellant, having some bearing
upon the killing of the deceased, and par-
ticularly as to the alleged attempt of the ap-
pellant, as testified to by Evans, to poison
the deceased, by giving her whisky containing
Paris green, upon an occasion some weeks
before the death of the deceased occurred
from strangulation... The cross-examinatiow
complained of was entirely proper. When a2
defendant voluntarily elects to be a witness in
his own behalf, he thereby assumes the posi-
tion of any ordinary witness, and he may be
cross-examined as any other witness. See
numerous cases, so holding, cited in the an-
notation to section 1011 of the Code of 1932.
The defendant Evans elected to go upon the
witness stand. When he did so, he subjected
himself to the right of cross-examination
on the part of the solicitor. The appellant
had the right, also, to cross-examine Evans,
and his counsel exercised that right. The ap-
pellant had the right, too, by his testimony,
or the testimony of any other witness, to con-
tradict, in the proper manner, the testimony
of Evans, given either on his direct examina-
tion, or on his cross-examination. See Staté
v. Adams, supra.

[9] The specific objection made in the ar-
gument of the appellant that it was error to
admit the testimony of Evans, as to the pre-
vious attempt on the part of the appellant
to poison the deceased, on the ground that it
was error for the prosecution to endeavor to
show the commission of another and distinet
erime by the appellant, cannot be sustained.
If the appellant attempted to poison the de-
ceased, as testified to by Evans, proof of that
act by him was clearly competent to go to
the jury as evidence of the malice, as known
to the law, of the appellant toward the de-
ceased, and of his desire to take her life.

{10] The appellant’s second exception
charges error in the court permitting the in-
troduction of the insurance policy on the life
of the deceased, in which the appellant was
named as beneficiary, without formal proof
of the execution by the insurance company
of the policy, and allowing the witness for
the state, Officer Chandler, to testify regard-
ing some of the contents of that policy, as re-
lated to him by the appellant. The record
shows that when Mr. Chandler was testifying
he related what the appellant had told him
as to the part he had in the killing of the
deceased. The witness testified as to state-
ments of the appellant, tending to show that
he had strangled to death his aunt that he,
as the beneficiary of a life insurance policy
on her life, might collect the insurance pro-
vided to be paid therein. The insurance pol-
icy, having been procured, was in the hands
of Mr. Chandler at the time of one of his
conversations with the appellant. The appel-
lant identified the policy to Mr. Chandler,
and he identified it in the court as having

Att §.C.

been identified by the appellant. The appel-
Jant, in his testimony, practically admitted
the identification of the policy formerly made
by him, The statements of the appellant to
Mr. Chandler, as to certain terms of the pol-
icy, related by Mr. Chandler in his testimony,
corresponded with the terms of the policy
produced in the court. The policy and the
testimony of Mr. Chandler, as to what the
appellant had told him regarding it, were
clearly admissible. There was never any
question as to the execution and delivery of
the policy by the insurance company; no is-
sue in the case required any formal proof of
its execution, and none was necessary.

In addition to giving special attention to
the exceptions of the appellant, and the parts
of the record relating to those exceptions, we
have read carefully the entire record in the
ease. We have not found anywhere any er-
ror which ealls for a reversal of the judg-
ment against the appellant. The charge of
the trial judge has especially impressed us.
He instructed the jury fully on all phases of
the law, which could have had any possible
bearing in the case. The appellant certainly
had a fair and impartial trial. Not only
have his own attorneys and the trial judge
seen to that, but the solicitor and the officers
of the law have contributed to that end. The
evidence against the appellant was strong.
The terrible situation confronting him is the
result of his own conduct.

The judgment of this court is that the judg-
ment below be, and the same is hereby, af-
firmed.

STABLER, CARTER, and BONHAM, JJ.,
and W. C. COTHRAN, A. A. J., concur.

STATE v. EDGINS.
No. 13706.

Supreme Court of South Carolina.
Oct. 28, 1933.

1. Marriage G=5!I,

In prosecution for desertion and nonsup-
port, whether accused entered into marriage
under duress so as to be excused from legal
obligation of supporting wife and child held
for jury.

2. Criminal law ©823(4).

Instruction that accused would not be
excused from performing obligations of mar-
riage unwillingly entered into held not error,
where instruction was part of whole charge
illustrating difference between marriage en-

171 SOUTH EASTERN REPORTER

tered into unwillingly and one entered into
under duress.

3. Criminal law @=822(1).
Charge must be considered as a whole.

Appeal from General Sessions Cireuit Court
of Spartanburg County; M. C. Foster, Judge.

Ilomer KEdgins was convicted of desertion
and nonsupport of his wife and minor child,
and he appeals.

Affirmed.

L. G. Southard and John L. Lancaster,
both of Spartanburg, for appellant.

Jennings Thompson, County Solicitor, and
Lanham & Lanham, all of Spartanburg, for
the State.

BONHAM, Justice.

The appellant was convicted in the county
court of Spartanburg on a charge of deser-
tion and nonsupport of his wife and minor
child. He appeals from the judgment and
sentence of the court upon six exceptions,
which, however, make but three questions.
The first four of them relate to allegations of
error on the part of the presiding judge in
refusing the motion of the defendant for a
directed verdict; the fifth and sixth relate
to alleged errors in the charge.

The defense is predicated on the ground
that the marriage between the prosecuting
witness and the appellant was made under
duress brought to bear upon appellant by
the father of the prosecutrix with threats
and show of force of arms, which put appel-
lant in fear of his life, and that the con-
summation of the marriage by cohabitation
was compelled by the same means.

[1] The argument in support of the excep-
tions which present this question proceeds up-
on the theory that marriage is a civil con-
tract and which is valid only when made with
the consent of both parties; that therefore,
if one of the parties to the contract is forced
into it under duress, there is no valid con-
tract, and the one so forced is excused from
the fulfillment of the marriage obligations
of support. The appellant contends that the
uncontradicted evidence shows that the ap-
pellant was forced into the marriage with the
prosecutrix, and did not willingly enter into
it, and did not willingly consummate it by
cohabitation. The presiding judge held that
the evidence was contradictory on this point,
which made it incumbent on him to submit
the issue to the jury. A study of the evi-
dence makes it manifest that there was no
error hereabout on the part of his honor.
He did, at the request of appellant’s attor-
ney, charge the jury that, if the defendant
entered into the marriage contract under

€For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

jt B+

DRAUGHON y. COLBERT S.C. 445
171 S.E.

duress, he would be excused from the legal
obligation of supporting his wife and child.

{2, 3] The fifth exception extracts from the
charge the following sentence: “That does-
n't mean, Gentlemen, that a man would be,
or one would be excused from performing
the obligations of a marriage contract un-
willingly entered into,” and predicates upon
it an allegation of error. This sentence is
taken from the body of the charge which ex-
plains the difference between a marriage
entered into under duress and one entered in-
to unwillingly. To illustrate the point, his
honor used the case of a man who had se-
duced a woman under promise of marriage
and does not keep his promise, and is brought
into court on the charge, and, to escape con-
viction and punishment, marries the woman.
Plainly he does so unwillingly—but he is not
excused from the obligation of supporting
the woman and minor child, if there be one.
The court was careful to inform the jury
that there was no such charge against this
defendant, and the language used was only
for the purpose of illustration. The jury
could not have been misled. The whole
charge must be considered together, and, so
considered, it is not erroneous. This dis-
poses also of the sixth exception.

All exceptions are overruled, and the judg-
ment of the court below is affirmed,

BLEASE, C. J., and STABLER and CAR-
TER, JJ.. and W. C. COTHRAN, A. A. J.,
concur,

DRAUGHON et al. v. COLBERT et al.
No. 13709.

Supreme Court of South Carolina,
Noy. 2, 1933.

1. Mandamus €=3(6).

temedy of unpaid publie school teachers
employed by county board of education of

Georgetown county held not original manda-

mus proceeding but action at law against
Such beard (Code 1932, § 5414 (9); Act March
21, 1024 [83 St. at Large, p. 916)).

Action at law against the county board
of education by teachers for unpaid com-
pensation was authorized under Code
1932, § 5414 (9), impliedly giving that
right, and in view that county board of
education occupied same position against
school teachers as that occupied by trus-
tees of school district generally, against
whom teachers have right to require en-
forcement of contracts, and it being duty

—_—

of county board of education as to teach- -
ers to carry out teaching contracts,

2. Mandamus €=109.

Proper warrant from county board of ed-
ucation or judgment is essential to manda-
mus to compel superintendent of education to
approve claims of teachers or county treasur-
er to pay them (Code 1932, § 5414 (9); Act
March 21, 1924 [83 St. at Large, p. 916)).

3. Mandamus €=168(2).

One seeking mandamus must show legal
duty imposed upon officer, that duty is min-
isterial, that applicant has legal right for en-
joyment of which discharge of duty is neces-
sary, and that applicant has no other sufli-
cient remedy.

Original application by George V. Draugh-
on and others, individually and on behalf of
all.others similarly situated, for a writ of
mandamus to be addressed to C. B. Colbert
and others, as and constituting the County
Board of Education for Georgetown County,
and R. P. Shuford, as County Treasurer for
Georgetown County, to compel respondents
to do certain things incidental to issuance by
County Board of Education of Georgetown
County of its warrants in payment of bal-
ances alleged to be due petitioners for their
Services as teachers, On respondents’ demur-
rer to petition,

Demurrer sustained, and petition dis-
missed,

M. L. Meadors, of Kingstree, for petition-
ers.

M. W. Pyatt, of Georgetown, for respond-
ents.

BLEASE, Chief Justice.

By the leave of Mr. Justice Bonham, the
petitioners, for themselves and other persons
similarly situated, were permitted to bring
this proceeding in the original jurisdiction
of the court. See King, Insurance Commis-
sioner, vy. AStna Insurance Company, 168 S.
C. 84, 167 S. FE. 12.

The petitioners seek, by way of mandamus,
the order of this court requiring the respond-
ents to do certain things, all of which are
incidental to the main relief demanded, name-
ly, the issuance by the county board of edu-
cation of Georgetown county of its warrants
in payment of balances alleged, to be due to
the petitioners for their services as teachers
in the public schools of that county during

2»

the school session of 1931-82.

As required by the order of Mr. Justice
Bonham, the respondents made return to the
petition filed in the cause, and they also in-
terposed a demurrer to the petition.

[1] It is alleged in the petition that the pe-

For other cases sce same topic and KEY NUMBER in all Key Number Digests and Indexes

ame

440 8.C.

Pearsall v. Summersett, 4 Taun., 523. Payler

vy. Homesham, 4 Maule & Sel., 425. Hurlston -

on Bonds, Law Lib. vol. 9, pp. 17, 18. In the
latter case, Lord Ellenborough observes, that
the general words of a clause may be re-
strained by the particular recital, ‘Common
sense,’ he says, ‘requires it should be so; and,
in order to construe any instrument truly, you
must have regard to all its parts, and most
especially to the particular words of it’. These
eases are cited to show that the meaning of
the parties, as gathered from the instrument
itself, is the governing rule in the construc-
tion of obligations, and that in those, accom-
panied with a condition, where the meaning
is doubtful, such a construction must be put
upon them as is most favorable to the ob-
ligors.” Bennehan v. Webb, 28-N. C. 57.

In Prince v. McNeill, supra, the plaintiff
brought suit on the bond of a sheriff and con-
tended that the defendant instead of giving a
bond for 1872 and 1873 should have given
one for the whole term, which would have
included the year 1874 when he made de-
fault. Rejecting this contention the court
said: “It is insisted that under that statute
[C. S. 824] the conditions of the bonds sued
on are to be enlarged and construed as if
they embraced in express terms the year 1874,
or the whole term of office; that as soon as
the defendants executed the bonds, the law
prescribed the conditions without regard to
the conditions as expressed in the bonds, If
the statute had been intended to be as broad
as that, then the statute itself ought to have
set out the conditions, so that the obligors
eould have known what obligations they were
incurring.”

[2] We deem it apparent in the present case
that the appellant intended to execute a bond
for the period of one year and that the city
accepted the bond with knowledge of this
fact. Our conclusion is fortified by the cir-
cumstance that at the expiration of one year
from the date of the bond the National Surety
Company executed its bond for the term of six
years.

[3] If the principal defaulted while the ap-
pellant’s bond was in effect, the plaintiff could
have brought suit at any time after March
15, 1923. Washington v. Bonner, 203 N. C.
250, 165 8... 683. The appellant was made a
party to the action on October 19, 1932. Of
course, the statute of limitations is a matter
of defense (Drinkwater v. Tel. Co., 204 N. C.
224, 168 S. E. 410); but here there is no con-
troversy as to the material facts relating to
this question. Between March 15, 1923, and
October 19, 1932, there was a lapse of more
than six years. C. S. § 439. Upon considera-
tion of the whole record, we are of opinion
that the plaintiffs cannot prevail and that the
action should be dismissed.

Judgment reversed.

171 SOUTH EASTERN REPORTER

STATE v. HOLMES.
No, 13705.

Supreme Court of South Carolina.
Oct. 27, 1953.

{. Criminal law €=823(1), §172(7).

Error in instruction that testimony of
some defendants could not be considered as
against others held not to require reversal,
where error was favorable to appellant and
court thereafter corrected charge by leaving

credibility of defendants to jury’s detcrmina-~

tion (Code 1932, § 1011).

2. Criminal law €=742(2).

Where one of several defendants tried to-
gether voluntarily testifies, jury are judges
of credibility and weight of his testimony for
or against codefendants (Code 1932, § 1011).

3. Criminal law 818.

Trial judge, on discovering error in in-
structions, should make necessary correc-
tions.

4. Criminal law €=825(1).

Counsel requesting correction in instruc-
tions should ask for further instructions if
correction is not sufficiently clear,

5. Criminal law €=673(4).

Statements of one of defendants in na-
ture of confession held properly admitted as
made, notwithstanding statements in part im-
plicated codefendant, where judge repeatedly
warned jury not to consider confession by
defendant as evidence of codefendants’ guilt.

6. Witnesses €>278.

Cross-examination of one of defendants
in murder prosecution as to prior attempt of
codefendant to poison deceased held not im-
proper.

7. Witnesses €=277(1).

Defendant who voluntarily testifies in
criminal prosecution may be cross-examined
like any other witness (Code 1932, § 1011).

8. Witnesses €=278, 398(1).

In prosecution of several defendants, de-
fendant has right to cross-examine codefend-
ant who testifies and to contradict testimony
of codefendant.

9, Homicide 159.

In murder prosecution based on killing
by strangulation, evidence of defendant’s pre-
vious attempt to poison deceased held admis-
sible to show malice.

10. Criminal law €=442,

In prosecution of beneficiary for murder
of insured, introduction of policy without for-
mal proof of execution held not error, where

G=For other cases see same topic and KEY NUMBER in all Key Numbes Digests and Indexes

|
£
#
:

STATE v.

171

witness identified policy as that which de-
fendant had identified in making confession.

Appeal from General Sessions Cireuit Court
of Sumter County; Philip IL. Stoll, Judge.

James Holmes was convicted of murder,
and the appeals,

Affirmed.

C. M. Edmunds and J, D. Jennings, both of
Sumter, for appellant.

Frank A. McLeod, of Sumter, for the State.

BLEASE, Chief Justice.

James Holmes, Willie Evans, and Esther
Robinson, all colored, were indicted and tried
together, in the court of general sessions for
Sumter county, for the crime of murder, grow-
ing out of the alleged killing by the defend-
ants of Nora Franklin, by strangulation.

The defendant, Holmes, was usually called
“Donnie” Holmes; Evans very often went
by the name of “Mottie’ Evans; and the
woman, Esther Robinson, bore the nickname
of “Queenie.”

Neither of the defendants engaged counsel.
The court assigned counsel for each of them.
L. D. Jennings, Esq., and C. M. Edmunds,
Esq., appeared for Holmes; W. M., Levi, Esq.,
and George D. Levy, Esq., represented Evans;
and Messrs. Epps & Epps defended Esther
Robinson. The record discloses clearly and
fully that all these attorneys, who receiyed
no compensation for their services, ably and
efficiently performed their duties, and en-
deavored at every stage of the trial to sce
that their respective clients received the fair
and impartial trial guaranteed to them by
the Constitution of this state and of the Unit-
ed States.

Under the theory of the state, all of the
defendants were principals in the murder, it
being claimed that all of them were present
at the time of the alleged homicide, and par-
ticipated therein. And the prosecution sought
to show that the motive for the crime was to
enable Holmes to collect $125 on account of
an insurance policy on the life of the de-
ceased, wherein Holmes, her nephew, - was
named as the beneficiary. Alleged oral state-
ments, in the nature of confessions, on the
Part of all three of the defendants were intro-
duced by the state.

Fach of the defendants pleaded not guilty.
All of them testified in the trial. Willie
Evans and Esther Robinson gave damaging
testimony against their codefendant, Holmes.

The result of the trial, before his honor,
Judge Stoll, and a jury, was the aequittal
of Esther Robinson; a verdict of guilty of
murder with recommendation to mercy as to
Willie I:vans, and his sentence to life impris-
oument; and a verdict of guilty of murder

171 S8.1.—2814

HOLMES Ss. O. d
a 8. 0. 441
as to James Holmes, and his sentence to death
by electrocution.

The appeal to this court is on the part of
James Holmes alone. Since he was not finan-
cially able to have printed the record in the
case, on motion of his counsel, this court has
permitted typewritten records to be presented,
and has acceded to the request that the ap-
pellant be not held to a strict compliance with
the rules of the court.

The appellant has presented four excep-
tions. The first, second, and third of these
relate to the admission of testimony. The
fourth challenges certain instructions of the
trial judge to the jury. Since the complaint
as to the charge has some bearing upon the
correctness of the rulings as to the admission
of the testimony, which the appellant says
was erroneously received, we consider first
the fourth exception.

In the main charge, before the jury were
directed to retire for the purpose of the con-
sideration of the case, the circuit judge gave
them the following instructions: “Now, I
charge you, where two or more persons are
being tried for the same offense, they are
known as what we call co-defendants, and if
one of them takes the stand, which he has a
right under the law to do, to testify, he can
testify only to such things as relate to the
ease under trial. But if his testimony re-
lates to one of his co-defendants, you cannot
consider the testimony as against them. You
only consider it as against the defendant who
is testifying. For instance, Mr. Foreman, A,
B and © are tried together. A takes the
stand and admits his part, and says things
that incriminate himself, and also incriminate
B and ©, the jury could consider it as to A,
but could not consider it as to B and C, be-
cause they are co-defendants.”

Near the conclusion of the charge, Mr. R.
D. Epps, of counsel for Esther Robinson, took
the position that the charge as to the testi-
mony of codefendants, aboye quoted, was er-
roneous. After some argument of the law on
the subject, the presiding judge decided to
let the instructions stand as they had been
given. Mr. Jennings, of counsel for the ap-
pellant, then announced that he agreed with
the position taken by Mr. Epps. After the
jury had retired, Mr. Epps presented to the
judge some authorities which he thought sus-
tained his position, apparently being among
them the ease of State vy. Blue, 118 8. C. 127,
1108S. E.111. The jury, desiring to have some
of the testimony in the case read to them,
were brought into the courtroom. After the
reading of that testimony, the trial judge
charged them further as follows: “Mr. Fore-
man and Gentlemen, before you retire, after
thinking over the matter, I am afraid I com-
mitted an error in my general charge to you
relative to the testimony of the defendants.
I want to strike out that part where I stated

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(CHARLESTON, 8. C., 1875.)

“ PUBLIC DUTY IS MY ONLY MASTER,”

GOVERNOR CHAMBERLAIN’S
ADMINISTRATION

~OUTH CAROLINA

A CHAPTER OF RECONSTRUCTION IN THE
SOUTHERN STATES

WALTER ALLEN —

““ My highest ambition as Governor has been to make the ascendancy of the Republican party in
South Carolina compatible with the attainment and maintenance of as high and pure a tone inthe
administration of public affairs as can be exhibited in the proudest Democratic State of the South.
And it was also my fondest hope, by peaceful agencies, here in South Carolina, alone of all the South-
ern States, to have worked out, through the Republican party, the solution of the most difficult and

one of the most interesting political and social problems which this century has presented.”—D, H.
CHAMBERLAIN, December 19, 1875.

Quem si non tenuit, magnis tamen excidit ausis

NEGRO UNIVERSITIES PRESS
NEW YORK

(uv

6 ener

‘9S.1095

" oo oe
‘UO TEsTIBUN peSuru

o¢

2/9

o
Nee

SL1ST/<

Originally published in 1888
by G. P. Putnam’s Sons

Reprinted 1969 by
Negro Universities Press

A DIvIsIon oF GREENWOOD PUBLISHING Corp.

NEw York

SBN 8371-1537-X

PRINTED IN UNITED STATES OF AMERICA

ALICE INGERSOLL CHAMBERLAIN

ALL THAT WAS ENDURED BY HER HUSBAND WHILE
GOVERNOR OF SOUTH CAROLINA

AND TO

GRACE MASON WESTON ALLEN

THE AFFECTIONATE SHARER OF MY HUMBI °R CARES AND TASKS

Z dedicate this book

AS A TESTIMONY OF OBLIGATION AND ADMIRATION

256 GOVERNOR CHAMBERLAIN’S

The unusual interest manifested in urging Executive clemency for thisunfortunate
man has excited my deepest personal sympathies in his behalf, and I have been more =i
than willing to find a ground upon which I could avert his fate. The power lodged
in the Governor in such cases brings a fearful responsibility, which nothing but ex-
perience can enable one to fully appreciate.

Doubts and misgivings thicken around me whenever I am called upon to pass
upon the life or death of a fellow-being. The only clear light which I can see is the
light of my official duty. I am appointed and sworn to ‘‘ take care that the laws are
faithfully executed, in mercy,” but still that they are executed. The fact that the
duty which I feel I am now discharging has been so often imposed upon me is due, I
cannot refrain from. saying here, to the failure on the part of those who have preceded
me to discharge their duty.

I am fully persuaded that public duty forbids me from interfering to any extent
with the execution of the sentence imposed upon Bunch.

D. H. CHAMBERLAIN,
Governor.

THE STATE vs. GEORGE HARDEE—MURDER.

George Hardee was tried and convicted of murder in the same court and at the
same term with Denis R. Bunch. The execution of the sentence of death was likewise
postponed in the same manner until the 28th of May, 1875. Upon the urgent appeals
of his friends I have again carefully examined his case. It is due, perhaps, to Judge
Reed, as well as to myself, that I should state that Judge Reed, in a communication
to me, dated April 5, 1875, recommended that the punishment of George Hardee
should be commuted to imprisonment for life. Tuis recommendation was entitled to .
the greatest weight with me, and has induced mie again and again to examine the “~
testimony taken at the coroner’s inquest, as well as in the general sessions. I cannot
discover any evidence or circumstances which reduce the crime of George Hardee
below murder. If the law of the State as it now stands is to be executed in any case," 33
it should, in my judgment, be executed in this case. There are, no doubt, degrees of G
atrocity in murder, and the case of George Hardee does not present those revolting “73
features which sometimes attend the commission of this crime, but, as I remarked in
a former statement of this case, ‘‘I see no evidence that he was under the influence
of passion arising from the quarrel to such a degree as to reduce his offence below
murder, nor do I see any evidence under which his action can be regarded as self- a
defence.”

a> 4

e. &
= ;

D. H. CHAMBERLAIN,
Governor.. *

In this place the following letter may properly be quoted, a
although it has reference to the correction of an abuse of power
in the matter of pardons rather than to its legitimate exercise
It also shows how some of the Governor’s associates in adminis —
tration were lying in wait to take advantage of any opportumty
to assert their authority in opposition to him. a

ADMINISTRATION. 257

EXECUTIVE CHAMBER,

CoLumsi4, S. C., August 13, 1875.
Hon. J. P. Reed, Judge First Judicial Circuit, Charleston, S. C.:

DEAR SIR—At the June term, 1875, of the Court of General Sessions for Charles-
ton County, Joseph Gibbes and John Smith were convicted of the crime of murder
and sentenced to be hanged on the 30th June, 1875. I now learn that, during my
recent temporary absence from the State, the Lieutenant Governor, Hon. R. H.
Gleaves, has assumed the authority to commute the sentence of Joseph Gibbes, as
above stated, to imprisonment in the penitentiary for twenty years, and that in con-
sequence of this action of the Lieutenant Governor the execution of Joseph Gibbes
did not take place on the day fixed by you, and has not yet taken place. I have no
information of any kind in regard to this matter, except what I have observed in the
newspapers, no order, or copy or notice of the order, of the Lieutenant Governor
having been sent to this office. Joseph Gibbes, I assume, in the absence of official
information, is still in the jail at Charleston.

The action of the Lieutenant Governor as above stated is, in my judgment,
wholly without authority of law, and hence null and void ; and my purpose in ad-
dressing you at this time is to call your attention to what I consider the necessity of
action on your part, if you agree with me in regarding the action of the Lieutenant
Governor as unauthorized and void.

It is proper to add that at the time of leaving the State I informed the Lieutenant
Governor by letter of my proposed absence, and that I should be in direct communi-
cation with my office in case any necessity for the official action of the Governor
should arise.

You will remember, also, that the question of the right of the Lieutenant Gov-
ernor to act as Governor during the temporary absence of the Governor was directly
involved in the recent cases of Hardee and Bunch, in Charleston. In those cases,
however, the action of the Lieutenant Governor extended only to the postponement
of the execution of the sentence. In the present case it extends to the change of the
Sentence, and involves the right to exercise all the powers of the Governor. It pre-
Sents a case, therefore, which compels me to seek a judicial determination of the
question involved, and to this end I beg to call your attention to the case, and to say
that, in my judgment, your Honor should regard the action of the Lieutenant Gov-
ernor as null and void, and proceed to enforce upon the said Joseph Gibbes the
sentence of your court, subject to such action by the Executive as he may take when-
ever the case may be submitted to him for his action.

Very respectfully your Honor’s obedient servant,

D. H. CHAMBERLAIN,
Governor,

Judge Reed took no action in line of this suggestion, and the

~leutenant Governor’s interference with the course of justice
Could not be undone.

' See the Governor’s statement in the case of Denis R. Bunch, p. 254.

|
|
|

Le UAL Co

| HANNEGAN, Jerry

Jerry Hannegan, black, hanged at Bennettsville
SC for arson on 7/7/1893

‘Undated Chicago TRIBUNE, 189h, containing an
execution list for 1893, Sent by Massey.

i barns and Stables of
ln April 43 this miscreant Fired the nigh

\ named E.D. Graham. He was hunted dewn by
: pape fram Atlanta to whem he confessed. But he
ie ea his Innocence on the scaffold. A co-defendent

$i Constitution
named Haywood Kelly got Ten year sina as ck

AOS eel oe Bele nig lieing ae oe Ales

414 S.C.

[16,17] It is next contended that the
Court erred in admitting a confession made
by appellant. He was arrested within an
hour or two after the homicide and ‘ques-
tioned from time to time by the sheriff and
his deputy until about daylight. Ile was
then removed to the office of the Chief of
the State Constabulary in Columbia, where
he was again questioned by the officers and
during that afternoon confessed to the
killing. No improper methods were used
to obtain this confession. It was volun-

tarily made. There is nothing in the record.

to show that appellant was threatened,
abused, or ill-treated. In fact, he seems to
disclaim any such contention. -In the
recent case of United States v. Carignan,
342 U.S. 36, 72 S.Ct. 97, the Court stated:
“So long as no coercive methods by threats
or inducements to confess are employed,
constitutional requirements do not forbid
police examination in private of those in
lawful custody or the use as evidence of in-
formation voluntarily given.” Moreover,
the admission of this confession could not
have prejudiced the rights of appellant, for
it is conceded, and the record shows, that
appellant made no statement of an in-
criminating nature to these officers during
the investigation which he did not admit in
his own testimony at the trial of the case.

Finally, it is claimed that the Court erred
in refusing the following instruction re-
quested by appellant’s counsel: “If an in-
sult was offered to the defendant, such as
for instance the use of this expression,
which has been brought out in the testi-
mony, which would be resented by a negro
and that was sufficient to gender him in
the heat of blood, that it would not be
necessary for the defendant to prove that
in order to reduce the crime the burden
would be upon the State and not upon the
defendant to prove that in his defense of
self-defense.”

[18,19] It is difficult to determine the
purpose or meaning of the above request.
The Court would have been fully justified
in refusing it upon the ground that it was
indefinite, ambiguous, and confusing. The
trial Judge declined the request, however,
upon the ground that he had already “cov-
ered that phase of it.” If it was the de-

68 SOUTH EASTERN REPORTER, 2d SERIES

sire of counsel that the jury be charged
that the burden was upon the State to prove
malice and the other essential ingredients
of the offense of murder, undoubtedly. that
phase of the law had been fully covered in
the general charge. If counsel for ap-
pellant intended by this request, as seems
to be argued in the brief, that the jury
should be instructed to the effect that the
insulting inquiry claimed by appellant to
have been made of him was sufficient to
reduce the homicide from murder to man-
slaughter, the request was erroneous, for,
as we have previously pointed out, where
death is caused by the use of a deadly
weapon, words alone, however opprobrious,
are not sufficient to constitute a legal provo-
cation. Of course, “[w]Jords accompanied
by hostile acts may, according to-circum-
stances, not only reduce a killing from mur-
der to manslaughter, but may establish the
plea of self-defense.” State v. Mason, 115
S.C. 214, 105 S.E. 286. But the request
did not embody this principle. In the gen-
eral charge the jury was fully instructed
as to the elements of both murder and man-
slaughter. The Court also went very care-
fully into all phases of the law of self-
defense. For the foregoing reasons, we
find no error in the refusal of the foregoing

request.

The argument is also made that the jury
should have been instructed to the effect
that if they had a reasonable doubt as to
whether appellant was guilty of murder or
manslaughter, it was their duty to resolve
that doubt in ‘this favor and find him guilty
of the lesser offense. That phase of the
matter was fully covered in the general
charge. The Court specifically instructed
the jury “that the defendant is entitled to
the benefit of any and every reasonable
doubt on any and every phase of the case,
including whether defendant is guilty of
murder or manslaughter, if guilty at all.”

[20] As usual in cases of this kind, we
have, in favorem vite, carefully examined
the record for any errors affecting the sub-
stantial rights of the accused, even though
not made a ground of appeal. We find
none. JIlaving concluded that the evidence
was sufficient to sustain the verdict and
finding no errors of law in the trial, we

ar
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i He te RIPE Se GAIERTI ei etna” EE BN ARP EEE IE cc A ta iA SS Sore ine vas
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A, akg,
if 4

412 8. 0.

“Q. And the one that came up to you
was a big fellow? A. Yes, sir.

“Q. And the first thing they said, ‘hey’?
A. Yes, sir.

“Q. And you said, ‘Behold thy Brother?’
A. Yes, sir.

“QO. And the one that came down there
was a big fellow? A. Yes, sir.

“Q. And he walked over to you and
asked you about some * * *? (Negro
woman for immoral purposes) A. What
he said.

“Q. And then you said nothing like that
around here. A. And then he hit me.
He said, ‘You are not telling the truth’, and
I said, ‘I am telling the truth’. And then
he hit me. ee

“Q. What did he hit you with? A,
With his bare hand.

“Q. His bare hand? A. Yes, sir.

“Q. Did you tell your counsel on di-
rect examination anything about him hit-
ting you? A. If I did not, I meant to tell
him. I do not believe I did and I forgot
that.

“Q. What did the other two do? A.
One of them said, ‘Kill him,’ and the other

‘two were around there.

“Q. What did you do? A. I was back-
ing and wheeling back from them, and
then I pulled out the pistol and started
shooting.”

It is proper to add that there was no
evidence that appellant was drinking at
the time of the homicide.

[1] In the foregoing résumé of the evi-
dence, we have included that offered by ap-
pellant, although in determining the suf-
ficiency of the evidence to sustain a con-
viction of murder, the evidence and the
inferences which may reasonably be drawn
therefrom must be viewed in the light most
favorable to the State. State v. Francis,

1525.0. 17, 149 S.E. 348, 70.A.L.R. 1133;
State v.. Epes, 209 S.C..246, 39 S.E.2d 769.

[2-5] Considering the evidence from
the above viewpoint, does it warrant a con-
viction of murder? The statutory defini-
tion of that offense is, Section 1101 of the
1942 Code: “Murder is the killing of any
person with malice aforethought, either ex-

. Court stated:

68 SOUTH EASTERN REPORTER, 2d wuwsES

press or implied.” Malice is an essential
ingredient of murder. Perhaps the defini-
tion of malice most often quoted is that
stated in State v. Doig, 2 Rich. 179, which
is as follows: “In law, malice is a term of
art, importing wickedness and excluding a
just cause or excuse.” In State v. Mc-
-Daniel, 68 S.C. 304, 47 S.E. 384, 387, the
“An intentional homicide,
without any excuse, is certainly murder.”
While in order to prove murder it must
be shown that the killing was done with
“malice aforethought”, it is well established.
that malice need not exist for any particular
length of time prior to the killing. State
v. Cooper, 212 S.C. 61, 46 S.E.2d 545.
In discussing the meaning of the phrase
“malice aforethought”, we stated: in State

v. Judge, 208 S.C. 497, 38 S.E.2d 715, 719:

“In the comparatively recent case of
State v. Heyward, 197 S.C. 371, 15 S.E.2d
669, 671, this Court quoted with approval
the following definition of malice from
State v. Gallman, 79 S.C. 229, 60 S.E. 682:
‘“It is a wicked condition of the heart.
It is a wicked purpose. It is a performed
purpose to do a wrongful act, without suf-
ficient legal provocation; and in this case
it would be an indication to do a wrong-
ful act which resulted in the death of this
man, without sufficient legal provocation,
or just excuse, or legal excuse.” * * *’;
and from 29 C.J., 1084: ‘“In its popu-
lar sense, the term ‘malice’ conveys the
meaning of hatred, ill-will, or hostility
toward another. In its legal sense, how-
ever, as it is employed in the description of
murder, it does not of necessity import ill-

will toward the individual injured, but —

signifies rather a general malignant reck-
lessness of the lives and safety of others,
or a condition of the mind which shows a
heart regardless of social duty and fatally
bent on mischief; in other words, a mali-
cious killing is where the act is done with-
out legal justification, excuse, or extenua-
tion, and malice has been frequently, sub-
stantially so defined as consisting of the
intentional doing of a wrongful act toward
another without legal justification or ex-
cuse.” ’

“With reference to the word ‘afore-
thought,’ we quote the language of the court

He tei te Seth nts

creat abn

in Stat
449:

66 6

probab’
ice” ai
conve.
and cd
tense i
involv: ug
still tl]
unders
the evi
agree 1
able p:
of the
the ve
It is s
the e
result.

[6, 7
ally d-
humat
a suff
‘settle:
cause
words
suffici
State
130.

[8,
ficien
It we
event
unlay
was {
jury
of th
ferre
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was
cuse.
by th
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Stat
669 ;
SE.
S.C.

[1
the t
ont.
the

Cite as 6858.
are not warranted in disturbing the verdic
and sentence imposed.

Affirmed.

STUKES and TAYLOR, JJ., concur.

fo) KEY NUMBER SYSTEM

4ums

CARTWRIGHT v. HERALD PUB. CO. et al.
No. 16574.

Supreme Court of South Carolina.
Dee, 12, 1951.

A. ¥. Cartwright, Jr, sued the Herald
Publishing Company and another for libel.
From a judgment of the Common Pleas Court
of York County, Joseph R. Moss, J., for de-
fendants, plaintiff appealed. “The Supreme
Court, Per Curiam, held that the trial court’s
instructions to the jury respecting privileges
of public controversy and public office were
not prejudicial error, when considered as
whole, and that plaintiff's testimony on
cross-examination that he and other mem-
bers of the county’s legislative delegation at-
tempted to take official action for payment to
them of expenses, in addition to their legal
compensation, from county funds, before the
legislature convened, was admissible as rele-

rant to defense of qualified privilege because
of plaintiffs public legislative office.

Judgment affirmed.

1. Libel and Slander 6-46
Statements made in honest endeavor to

vindicate one’s character or protect his in-
terests are usually regarded as qualifiedly
privileged, though false, if made in good
faith and without malice.

2. Libel and Slander C46, 50!/2

One assailed by another in public press
is entitled to make reply therein and cannot
be held responsible for resulting injury to
assailant, if reply does not exceed occasion,
but defensive communication loses its priv-
ileged character, if person making it goes
beyond scope of original attack or indulges
in unnecessarily defamatory language.

|
|

CARTWRIGHT v. HERALD PUB. CO. ; $.C 415

E.2d 415

t 3. Libel and Slander €=>48(1)

Publications dealing with political mat-

ters, public officers and candidates for of-
fice are entitled to measurable privilege

BAKER, C. J., and FISHBURNE, because of public interest involved.
4. Appeal and Error €—999(1)

The Supreme Court may disagree with

verdict and yet be without power to avoid
or set aside verdict, as court is concerned
only with question whether trial judge
committed any error of law in trial of cause.

5. Libel and Slander C4
Malice is a necessary ingredient of
cause of action for libel.

6. Libel and Slander C>123(8)

In action for libel in publication of
letters criticizing plaintiff’s official acts as
member of county delegation in State House
of Representatives, existence of malice on
defendants’ part was jury issue. |

7. Appeal and Error €=2237(5)

Error, if any, in trial judge’s refusal
to grant plaintiff new trial of libel action
after jury’s verdict for defendants was un-
available on plaintiffs appeal from judg-
ment on verdict, where his contentions that
defendants’ newspaper publications con-
stituted libels of plaintiff as matter of law
and that defendants’ claimed privilege was
abused were not timely made by motion for
directed verdict on conclusion of evidence.
Rules of Practice for Circuit Courts, rule

76.

8. Trial €=295(5)

In action for libel in newspaper pub-
lications of letters criticizing plaintiff's
official acts as member of legislature, trial
court’s instructions to jury respecting priv-

ileges of public controversy and public of- .

fice were not error prejudicial to plaintiff
when considered as whole.

9, Libel and Slander C109

In action for libel in newspaper pub-
lications of letters criticizing plaintiff's
official acts as member of county delegation
in legislature, plaintiff's testimony on cross-
examination that he and other members of
delegation attempted to take official action
resulting in payments to them of expenses,
in addition to their legal compensation,

ee eee

Pa eek

eR... 6) aia

STATE v. HARVEY

S.C. 413

Cite as 68 S.B.2d 409

in State v. Milam, 88 S.C. 127, 70 S.E. 447,
449 ;

“te * * While there may be and
probably is some distinction between “mal-
ice”? and “malice aforethought,” the latter

conveying more the idea of premeditation

and design, and being, therefore, more in-

tense in respect to the wickedness of heart
involved than in the word “malice” alone,
still the word “aforethought” is usually
understood to refer rather to the time when
the evil intent is conceived. The authorities
agree that it need not exist for any appreci-
able period of time before the commission
of the act,—indeed, it may be conceived at
the very moment the fatal blow is given.
It is sufficient in law if the combination of
the evil intent and act produce the fatal
result, 2 Bish.Cr.L. 677.”

_ [6,7] Voluntary manslaughter is usu-
ally defined as the unlawful killing of a
human being in sudden heat of passion upon
a sufficient legal provocation. It is well
settled in this State that where death is
caused by the use of a deadly weapon,
words alone, however opprobrious, are not
sufficient to constitute a legal provocation.
State v. Gardner, 219 S.C. 97, 64 S.E.2d
130,

[8,9] -We think the evidence was suf-
ficient to sustain a conviction of murder.
It was for the jury to determine, in the
event that body found appellant guilty: of
unlawful homicide, whether the offense
was that of murder or manslaughter. The
jury evidently rejected appellant’s version
of the homicide. It could be reasonably in-
ferred from the evidence offered by the
State, considered in the light of all the
surrounding circumstances, that the killing
was without any legal justification or ex-
cuse. This conclusion is fully sustained
by the following decisions: State v. Fran-
cis, supra,:152 S.C. 17, 149 S.E. 348, 364;
State v. Heyward, 197 S.C. 371, 15 S.E.2d
669; State v. Judge, supra, 208 S.C. 497, 38
S.E.2d 715; State v. Cooper, supra, 212
S.C; 61, 46: S:E.2d° 452° =. .

[10-13] It is further contended that
the trial Judge erred in refusing a new trial
on the ground that the verdict was against
the greater weight of the evidence. This

was a matter addressed to the sound dis-
cretion of the Court below... Our inquiry is
confined solely to the question of whether
there is any evidence reasonably support-
ing the verdict of the jury. We have con-
cluded that there was. It is not the func-
tion of this Court to pass upon the weight
of the evidence. The power to grant a
defendant a new trial on the ground that
the verdict rendered against him is unjust
as to the facts is vested alone in the trial
Judge; it is not with this Court. In State
v. Francis, supra, 152 S.C. 17, 149 S.E.
348, 364, the Court said: “We think it not
out of place to once again call attention to
the fact that in criminal cases, even in
those where men have been sentenced to
death, this court, under the Constitution of
this state, is absolutely limited to the cor-
rection of errors of law. Excepting only
when we must examine into the facts for
the sole purpose of ascertaining if there
has been error of Jaw in the court be-
low, this court his nothing whatever to do
with the facts in the case.”

[14] It should be further stated that un-
der the law of this State, where a defend-
ant is found guilty of murder, it is for
the jury to determine whether mercy shall
be extended and thereby reduce the sen-
tence from death to life imprisonment.
Clemency to one to whom the jury has re-
-fused to extend mercy is a matter for the
executive branch of the government. “We
are not intrusted, under the law, with the
dispensation of mercy.” State v. Williams,

166 S.C. 63, 164 S.E. 415, 427.

[15] Itis argued that appellant has been
deprived “of his hfe contrary to the Four-
teenth Amendment to the Constitution and
the laws of the United States and the Con-
stitution and laws of the State of South
Carolina.” Appellant has pointed to no law
of this State or of the United States which
has been denied him. There is no basis
whatsoever for this contention. The rec-
ord furnishes no support for the claim of
discrimination. Appellant received a fair
and impartial trial in the course of which
he was represented by experienced counsel
with commendable zeal and ability. He
was denied no right accorded to others
charged with unlawful homicide.

i Pe Seven

Se a Sa

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Sits

HILL, Harry, and LUSTER, Cornell, blacks, electrocuted South Carolina State
Prison (Greenville) December 20, 1939.

SOUTH CAROLINA

DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION

P.O. BOX 191
COLUMBIA, S.C. 29202

January 26, 1982

Mr. Ronald C. Van Raalte
Post Office Box 584
Arlington Heights, Illinois 60006

Dear Mr. Van Raalte:

In reply to your correspondence dated January 9, 1982
pertaining to officers of this agency who were slain in the
line of duty prior to 1961, please be advised that there
were three such murders involving South Carolina Highway
Patrol officers.

Information is enclosed on each case separately on the
following murdered officers.

1. Patrolman Edwin D. Milam, age 26. ae Shad”

Killed, December 25, 1934 O storawve f_

2. Patrolman Norris Nettles, age 25.
Killed, January 4, 1942 Keble So

3. Patrolman First Class Harry Boyd Ray, age 3l. . :

Killed, September 7, 1958 Shat- Pode — pron faubery

I certainly hope your book will be a success and if you
need additional information, please let me know.

Sincerely,

A Mock

Colonel P. L, Meek
Director
Law Enforcement Division

Enclosure

B: WHITNEY HICKS:

—
(With ? rtrait |
‘ka Was hanved at Snartans-
sy, for the murder of his
peal a lond of
thenocut her

B. Whitney Hie
burg, Friday. Set.
| wife last May. He first disci

bird shot into her stomach and
| threat. afterward ye attempted te kit hime

| self. There was a harse epowel at the exeeution,
equw little or nothing. ae bene Yat the

< plowed by kurv were present. Vicks

witnesso
J confession. There ys bee wuite-

mide a ful
ment.

National .-
»Police Gazette Oct, 15, 1881
9

Execuled on /a-A3-/1/0 per The State’
(Columbia SC newspaper) papylyo 1'3

FHToH ER, Mims - ‘ a
' (Need confirmation) f : Rea arene
| "Columbia, S. Ce, Nov, 22, 1910-Minus Hightower, shia Ed |

| Bird, a negro, was committed a criminal assault on a white
/woman on a corner of twa prominent streets in Columbia, was
yesterday tried at a special term of court ordered by the

| governor, and being convicted, was sentenced to be hanged

December 23, 1910. Yancy Willians, an attorney of Lan= |
caster, acted as special judge in charge of the case, Two.
companies of. the national guard were on guard," JOURNAL, |
Atlanta, GA, Nov, 22, 1910 (9/5)

Was 18 = South Carolina Attorney General's’ Report, 1910

tain i att gs

WEAVER v. METROPOLITAN LIFE INS. CO. 8. C. 673
15 8.F.2d 673

We do not think there is any merit in
this contention. A reading of the charge
as a whole shows that those portions of
the requests which contained proper. in-
structions had already been clearly charg-
ed. The trial Judge had already instruct-
ed the jury on all material issues raised,
and appellant’s rights had: been fully ex-
plained,

[7-10] Appellant’s third specification of
error, that the trial Judge abused his dis-
eretion in refusing to grant a new trial on
the ground that the verdict was unsupport-
ed by the evidence and thus the result of
caprice, is also groundless. The grant-
ing of a new trial rests in the discretion of
the trial Judge. State v. Hayes, 69 S.C.
295, 48 S.E. 251. It is also well settled,
‘as held in that case, that the weight and
sufficiency of evidence is for the jury. We
have already held that the testimony re-
quired the submission of ‘the question of
malice to the jury. It was, therefore, the
province of that body to weigh the evi-
dence and decide on its sufficiency in reach-
ing a verdict. They having found defend-
ant guilty, this Court cannot say that there
was an abuse of discretion, as contended.

All of the exceptions are overruled and
the judgment of the Circuit Court is af-
firmed.

BONHAM, C. J., and BAKER, FISH-
BURNE, and STUKES, JJ., concur.

KEY NUMBER SYSTEM

+qAumMs

WEAVER v. METROPOLITAN LIFE INS.
co.

No. 15283.

Supreme Court of South Carolina.
June 28, 1941,

{. Insurance €=237

In action by insured to recover actual
and punitive damages for alleged breach of
life policy, accompanied by an act of fraud,
wherein insurer denied the fraud and al-
leged that policy had lapsed for nonpayment

15 S..2d—-A3

of premium, where insured and her witness-
es testified that premium was paid within
grace period to agent at his home, and agent
denied that the premium was so paid but
admitted that premium was paid after grace
period had expired, whether premium was
paid within grace period was for the jury.

2. Insurance €237

In action by insured to recover actual
and punitive damages for alleged breach of
life policy, accompanied by an act of fraud,
where there was evidence that insurance

agent falsely informed insured that it was’

necessary to have her policy checked every
seven years to keep it in force, and that she
was falsely informed that policy had lapsed
for nonpayment of premium, but agent de
nied that he had ever so informed insured,
whether fraud had been practiced upon in-
sured as she alleged was for the jury.

3. Appeal and error €173(9)

Where it was established by jury’s ver-
dict that insured was induced by fraud and
deceit to sign application for reinstatement
of life policy, to submit to physical exam-
ination and to accept return of premiums on
assumption that policy had lapsed, the same
acts could not be relied on by insurer as an

“estoppel” against insured, particularly

where the principle of estoppel was not in-
voked until case reached the Supreme Court.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Tstoppel’”’.

asmroman enc YY cwiecmioms evaey oaoe

Appeal from Common Pleas Court, of:
Darlington County; E. H. Henderson,
Judge.

Action by Florence Weaver against the
Metropolitan Life Insurance Company to
recover actual and punitive damages for
an alleged breach of an insurance contract,
accompanied by an act of fraud. Judgment
for plaintiff, and defendant appeals.

Affirmed.
E. C. Dennis, Jr., of Darlington, and

Elliott, McLain, Wardlaw & Elliott of
Columbia, for appellant.

Mozingo & Bryan, of Darlington, for
respondent.

G. B. GREENE, Acting Associate: Jus-
tice.

This is an action for both actual and
punitive damages for an alleged breach of

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CAPITAL PUNISHMENT RESEARCH PROJECT
P.O. Drawer 277 - 100 East Main Street
Headland, Alabama 36345
Watt Espy Phone
Research Specialist (205) 693-5225

4th Jan. 1988

These court records in the case of Shadrack Jacobs, hanged
W innsboro, South Carolina, on June 19, 1829, were not re-
ceived in order and they have not been arranged in order
due to lack. of time.

Watt Espy-

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Hageins Pays
Death Penalty,
‘Denying Guilt

Last Words Of Convicted
Slayer Of Rock Hill
Man Were Declaration
Of Innocence

Talmadge Haggins, the con-
victed slayer of Oliver Ben-
jamin Powers, 23-year-old
Rock Hill taxi driver, died at
7:07 a. m. last Friday morning
in the electric chair at the
.. South Carolina state peniten-
tiary in Columbia. His last
words were a protestation of

his innocence.

“I wish somebody would tell the
boy's mother that I didn't do the
crime,” said Haggins. “I wish
somebody would ask her to bless
me like I asked my mother to bless
her boy. And I want to thank
the Governor for all he did for
me.”

Several Lancaster people were
in the group of about fifty peo-
ple who witnessed the execution,
filing into the death chamber at
6:55 a, m, . ~~

Hagegins entered from the death
cell block at 7:04 a. m., singing a
Negro spiritual, possibly inspired
by the hymnal which he left in
his cell, the cover of which bore
the words: Lord, open Thou my
lips and my mouth shall show
forth Thy praise,”

He was strapped into the lethal
chair by Capt. R. Fuller Goodman
of the penitentiary and _ trusties.
His last words were directed to
Captain Goodman, after he asked:
“Is Undertaker Robinson here?”

The crucifix which he held in
his left hand was removed, and,
following a final check by State
Electrician 8S. W. Cannon, the
switch was thrown and 2,300 volts
passed through Haggins’ body,

The deadly current remained on
for three minutes and 38 seconds,
alternating between 600 and 2,300
volts. Haggins was pronounced
dead at 7:07 a. m.

The dead body of Oliver Ben-
jumin Powers was found near
Lancaster on Sept. 19 last year.
Haggins, a one-urmed negro, was
convicted at the February term
of the Court General Sessions

of having killed ‘him,
~~ — AP ie

ae eae

'
G20 8G

» (Upon the hearing of the motion before
Judge Lide to’ bring in appellant as a
party-defendant, appellant) appeared spe-
cially by its counsel for the sole purpose
of objecting to the. granting of the motion.
+ After a study of the record, and upon
careful ; consideration of appellant's ex-
ception, we are satisfied that Judge Lide
properly decided the motion,

We here reproduce as the opinion of this
Court that portion of the order appealed
from which outlines the history of this
litigation revealed by the pleadings; and
which disposes of the said motion.

The respective litigants will be governed
ay the date of the filing of the remittitur
herein in complying with the, last para-
graph of the order adopted. :
“All exceptions are overruled.

BONHAM, C. J.,: and FISHBURNE
and STUKES, JJ., concur.

j )

+ a se E
% F Og KEY MUMBER SYSTEM

: T

STATE v, HANN,
ty No. 15170.

| Supreme Court of South Carolina,
Dee. 2, 1940.

1. Criminal law €=773(1)

In murder trial, charges to jury that to
relieve one of responsibility for a criminal
act because of insanity, he must show that
he was under mental delusion because of
mental disease and did not know at time of
act that it was wrong, criminal or punish-
able, were not erroncous as requiring defend-
ant to prove both lack of mental capacity and
existence of mental delusion,

2. Criminal law ©—823(7)

In murder trial, where trial Judge cor-
rectly charged jury on defense of mental in-
capacity arising from long continued and ex-
cessive drinking, went fully and carefully in-
to matter of insanity pleaded as defense, stat-
ed law in charges to jury as favorably to
defendant as established principles would
warrant, and gave all charges requested by
defendant’s counsel, defendant was not preju-
diced by court’s charge that, to relieve one of
responsibility for criminal act because of in-

12 SOUTH EASTERN REPORTER, 2d SERIBS

sanity, he must: show that he was under men-
tal delusion by, reason of mental disease and
did not..know, at time of act that it was
wrong, criminal or pute

tt Bt

3. Criminal law e=iia(l)
In murder trial, where defendant’s coun

sel was told repeatedly that if he desired to _

put anything in record on subject of his com
versation’ with ‘solicitor,: assistant ,, state's
counsel and trial judge in -judge’s chambers,
he might do so, but did not avail himself of
such privilege, there was no basis in record
for exceptions relating to such conversation,
and defendant was not prejudiced by court's
refusal to permit reference’ thereto in such
counsel’s argument on: motions for arrest of
judgment and — trial afterjverdict of com
viction,’ ? recete Ponthyy) oopedt F :
2g

4. Criminal law eenaiy?' moses

In ruling on motions in arrest of judg
ment and for new trial after, verdict of con-
viction for murder, presiding Judge did not
err in calling attention to fact that he made
special inquiry before trial as to whether
objection would be interposed to indictment
on ground that grand jurors did not have
proper voters’ registration certificates and
incidentally alluding to circumstance that he
had called defendant’s counsel and talked
to’ him further about such matter shortly
after such inquiry, though such counsel had
expressly waived such objection in hearing
of defendant. :

5. Indictment and Information €=139, 149

Generally, objection. that members of
grand jury, which found indictment, were
not qualified electors should be made by de-
murrer to, or motion to quash, indictment
before pleading to it.

6. Indictment and Information <=!

A presentment of grand jury is “cond
tion precedent” to trial for crime, except fut
certain minor offenses, as grand jury is com
stituent part of court, which has no jure
diction of cause without such presentment

See Words and Phrases, Permanent

Edition, for all other definitions of
“Condition Precedent”.

7. Indictment and Information <=10

A grand jury, which was duly drawn 'f
lawfully authorized officers for court tert
at which indictment was found, was duly of
ganized and sworn, and acted on indictment
in regular and usual manner, had legal exist
ence, so that indictment was not void o
ground of grand jurors’ disqualification, em
pressly waived by defendant, because of sta 2

BHTHAA he SASTATH VI HANN 4 { ji s §. 6. 424

12 S.E.2d 720

utory irregularity in issuance of voters’ -regy
istration certificates to grand jurors,.each
of whom was qualified to receive proper cer-
tificate. Act Feb, 16,,1940, 41 St. at Large, p.
2056; Const.S.C. art, 1, §§ 5,17; art. 2, § 4,
subd. f; art. 5 § 225 U.S.C.A.Const. jAmend,
14,

J frre sti als t baal: ft
8. Indictment and Information C=1020"" ©!
“There is no’ proper way. to determine
number of grand jurors concurring in indict
ment or ‘whether’ necessary number concur!
ring therein included unqualified members.
9, Indictment andi information ‘eto 196(3)
The presence:!of)‘even one, ‘disqualified
grand juror renders grand jury’s finding ‘of
indictment, illegal, if...objection on! such
ground is timely made and. not waived, but
such objection may, be waived Ae defendant's

failure to make it in Ames; sft aah Mesa

hsot aonilod

10. Criminal law €=914
“Indictment and Information €=137(2)

Irregularities in issuance of voters’ reg-
istration certificates to grand jurors because
of registration boards’ failure to observe stat-
utory requirements are sufficient to*warrant
motion to quash indictment found’ by: such
jurors, but not sufficient’ to entitle defend-
ant, expressly waiving such irregularities, to
new trial, after being found guilty at a fair
and impartial trial, on theory that he had no
power to waive such irregularities... Act Feb.
16, 1940, 41 St. at Large, p. 2056 5 (Gongs.
C, art. 2, § 4, subd. f. rarer

. 5
>

ry
iy

if. Grand jury e19"

One indicted for murder had right to
waive any objection to grand jurors without
disclosing -reason ‘therefor, ‘where no funda-
mental requisite was peibobtemp

}
Ti ( {

12, Grand jury G19

Waiver of individual grand jurors’ dis-
qualification, though applicable to ‘all of
them, does not involve grand jury’s constitu-
tional existence, especially where such dis-
qualification is merely because of irregulari-
ty in following prescribed regulations and
is not actually prejudicial to one indicted by

such grand jury. + '{ ;

13. Homicide @=250 |
Evidence held sufficient to sustain convie-

~~ tlon of murder:

Appeal from General Sessions Circuit
Court, of Pickens County; Jy Strom Thur-
mond, Judge.., bi il

12 S.E.2d—46

«J. C. Hann, was,convicted of murder, and
he appeals. 9 oriilort 1 |
4 ) Affirmed.

be! . “Martin, ‘of Greenville, for appel-
lant.

| Robert T. ioe Sol., of Greenville,
and Mann. & Mann; of Pickens, for respond-
ent; <4 HE

v7. D. LIDE, Acting Associate Justice.
“The defendant J. C. Hann, a young white
man about 27 years‘old, employed in a cot-
ton mill at' Easley, was indicted at the Sep-
tember, 1939, term of the Court of Gener-
al Sessions for Pickens County upon the
charge of murder, and was tried on this
indictment at the February, 1940, term of
the Court. ‘He was found guilty, and mo-
tions for arrest of judgment and for a new
trial being overruled, the death sentence
was imposed by the presiding Judge; and
the cas¢ comes before this Court upon the
exceptions set forth in the record.

The evidence shows that on the morn-
ing of June 6, 1939, probably between 6:30
and 7:00 o'clock, the defendant called at
the home of Miss Ruby Boling, a young
woman about 23. years of ‘age, in Easley.
Her mother went 'to the door when. the
defendant! knocked thereon and at his re-
quest’ called: her. daughter Ruby, who had
not then gotten up, but in a few minutes she
¢ame to the door, and she and the defend-
ant: spoké to each other ;in a friendly way
and, went out together on the porch of the
hoise.' «Shortly. thereafter | the mother
heard her daughter scream, and when she
went out found the defendant in the yard
with her daughter holding her and attack-
ing her with a razor. There were several
witnesses: who testified that they saw the
defendant make these deadly assaults.. And
a physician testified that there were three
wounds on the left side of the neck of the
young woman and two on the right, that
these wounds were deep gashes cut through
the jugular vein and the carotid artery on
the left side and the jugular vein on the
right side, and that she lived approximate-
ly two or three minutes with these blood
vessels cut.

, We quote the following from the graphic
testimony of one of the eye witnesses to
the tragedy:

“The first thing that attracted my atten-
tion that morning was a scream,—it didn’t
sound ‘like 1a child’s scream but it sounded

yew!

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own testimony at trial, admission. of con-
fession, voluntarily made by defendant,
was proper and did not ‘prejudice rights of
defendant.

18. Homicide 45, 109

Words accompanied by hostile acts
may, according to circumstances, not only
reduce killing from murder to manslaugh-
ter, but may establish plea of self-defense.

19. Criminal Law €=829(1), 830

In murder prosecution where defend-
ant’s requested instruction either involved
matter fully covered in general charge or
advanced erroneous legal theory and gen-
eral charge fully covered elements of mur-
der, manslaughter and self-defense, refusal
of request was not error. Code 1942, §
1101.

20. Criminal Law G>1134(1)

Upon appeal from conviction for mur-
der, Supreme Court would examine record
for any errors affecting substantial rights
of accused, even though not made a ground
of appeal.

—~_———e

Basil W. Hall, Beaufort, Aaron Kravitch, .

Savannah, Ga., for appellant.

Randolph Murdaugh, Solicitor, Hamp-
ton, for respondent.

OXNER, Justice.

Upon an indictment charging him with
the murder of Aubrey Godley on February
17, 1951, appellant was tried at the March,
1951, term of the Court of General Sessions
of Beaufort County. He admitted the
killing and interposed a plea of self-de-
fense. The trial resulted in a verdict of
guilty of murder and sentence of death by
electrocution.

The first question which will be consid-
ered is whether the evidence was sufficient
to support a conviction of murder. Ap-
pellant contends that the State failed to
prove that the offense was committed with
malice aforethought and that the highest
degree of homicide shown by the evidence
was that of manslaughter. The determina-
tion of this question necessitates a review
of the testimony.

Appellant is a Negro, about forty years
of age. He has resided in Beaufort County

68 SOUTH EASTERN REPORTER, 2d SERIES

all his life with the exception of approxi-
mately three years during World War II
when he was in the army. At the time o€
the homicide he was living on Ladies Island
and attending a school located about eight
miles away under the GI Bill of Rights.

~The deceased, Aubrey Godley, was a
White man about 29 years of age. Dur-
ing the late afternoon of February 16, 1951,
Godley, Wilson Lee McAlhaney and Lon-

nie Godley gathered at the place of business:
“of W. C. Swain. They purchased some liq-

uor and later went on a pleasure ride in
Swain’s car, a four door automobile. They
rode for several hours, talking and singing.
During the evening they stopped at one or
two places to get beer and finally went to
Buckmeyer Beach. About midnight they
decided to return home. At this time Mc-
Alhaney was driving, with Aubrey Godley
on the front seat with him. Swain and
Lonnie Godley were on the back seat.
When they reached a point on Ladies
Island about 200 yards from Lonnie God-
ley’s house, the driver stopped the car
on the side of the road. He cut off the
ignition and turned on the parking lights.
Swain, who is about 37 years of age and
the only surviving witness, gave substan-
tially the following version of what then
occurred: .

He did not know why the driver stopped.
None of the occupants asked him to do so.
He does not recall how long they had
been parked before the homicide occurred.
As they sat there either talking or singing,
Swain heard one of his companions on the
front seat remark, “who in the hell is
that?”. This was the first Swain knew
of anyone approaching. He looked up and
saw: a man walking along the right side of
the car. When this man reached the right
front window, he asked: “What in the hell
is all the racket about?”. Aubrey Godley
replicd, “who in the hell wants to know?”.
About this time McvAlhaney, the driver, got
out of the car and started walking toward
the rear, followed by Lonnie Godley. Au-
brey Godley then proceeded to get out and
just as his feet hit the ground, two shots
were fired. Aubrey Godley thercupon
called to Swain, who was preparing to get
out of the car, to “lie down”, Swain then
slipped down in the seat. About this time

ot eg

SSE PUES ae ALBIS

“PR ELL ROE LAG TEE PIR L ENS BS IIE TERE EI ETS IES eR ei PORES OPER A TIEIOS, er gee i

PED LIES LOGE LED pO: a RBA NR Rae s0

a, eR eee ees

Aubrey Godley dashed toward the front
of the automobile. Three or four more
shots were fired, after which there was
silence. Shortly thereafter Swain got out
of the car and found that his companion
had been shot. He stopped a passing auto-
mobile for the purpose of notifying the
sheriff and sending for an ambulance.

The sheriff and one of his deputies
promptly answered the call. Upon arriving
at the scene, they found McAlhaney lying
dead near the right rear fender of the car.
He had bcen shot through the heart.
Aubrey Godley was found dead under the
front part of the car with his legs pro-
truding. He had been shot on the right
side about six inches below the armpit.
There was testimony tending to show that
the bullet ranged upward and come out
through his left cheek. Lonnie Godley was
shot in the back of the head and was found
by the sheriff about 150 yards from the
scene of the homicide, to which point he
apparently walked after being shot. He
was removed to a hospital and died on the
following day. All three men were shot
with a .45 automatic pistol. Five shells
were found scattered behind the right rear
of the car and one shell about two feet
from Aubrey Godley’s legs. There is no
evidence that any of the four men in the

. car had a pistol, knife or any other weapon.

Within about an hour after the homicide,
appellant, whose home was near the scene
of the shooting, was arrested and at day-
break removed to the State Penitentiary in
‘Columbia. . That afternoon he confessed
that he had done the shooting.

It was the theory of the State, and there
is substantial evidence tending to support
it, that deceased, Aubrey Godley, was shot
while trying to escape by crawling under
the front of the car and after the other
two men had been shot.

It is undisputed that appellant was seen
with a .45 automatic pistol in his hand at
several places on the night of the homi-
cide, although there is no evidence that he
undertook to assault anyone with it. He
said that this pistol had been pawned to
him about a month prior to the homicide
and on the night in question he had taken
it with him for the purpose of pawning it

STATE v. HARVEY 8, C, 411
Cite as 68 8.B.2d 409

to someone in order to raise money for use
until payday. He gave no satisfactory ex-
planation as to why it was loaded.

Appellant, after stating that in return-
ing home about midnight he saw a car
parked along the side of the road about two
hundred yards from his house, gave the
following version of the occurrence:

“Mr. Kravitch: What was it they said?
A. When I got about mid-ways of the
car, one of them said, ‘hey’, I thought
somebody knew me and why they were
down there. |

“Q. Did you know whether they were
white or colored? A. No, sir, J figured
somebody knew me, and they hailed me and

the reason I figured they knew me, and I -

said, ‘behold thy brother,’ I walked up to
get in the back of the car, and then three
men fell out of the car, I stood watching
them, and I still did not see they were
white because it was in the night, and I
got back up against the rear of the auto-
mobile, and where one of them walking up
to me, and he said, ‘you know where we
can find * * *? (words omitted show
that the inquiry here made was for a
Negro woman for immoral purposes), and
I said, ‘No, sir’, I see it was white. men
then, and I said, ‘the old girl was around
here and they done run her away from
around here’, and he said he do not be-
lieve it. Then, he walked on up coming to
me, and three around there at that time, and
one said, ‘Kill him,’ and I did not know
whether the other ones were back to the
car, and I could not get around three of
them, and I did not want to have any
special trouble, and I just shot.

“Q. What did you do after the shoot-
ing? A. I ran across the field and went
heme * * *,”

On cross-examination, he testified in part
as follows:

“CQ. And as I understand as you were
going by this car these boys were out
there singing? A. I never heard them
singing.

“Q. One of them got out of the car?
A. Three of them got out of the car.

“QO. And one had to get out ‘and the
others did? A. Three got out. One came
up to me who was a big fellow.

DOE & MEANS

shtas CSL ASbeasgl tad” DIVA Lis LopS “wz
Dos OR AGE RAC Occup a ase Wat FE

CO OP ase

Wy LIPLEL, OTHER
, victim Hikes toatlir Gon Younis Modljs< 22, RAG METHOD “sr AA

PS SF. 1, paaaed by C
"ye. he nadnel Aes Att te Cau hase oe

Cul Of Cort heeded Caw, he khan hla
“Btrern tied Le Laclawt dase Cart

by raptastiivee hich a3 Guu the Pred Mat be bnfy Leased fae Yeah ———
Doac giae ae Sy had Cs Minden, La a fsgbeng " SarsnZi

TDC ea Gey Airco 4 ie

APPEALS

LAST WORDS

EXECUTION

SOURCE 7
: : Oo ae oN ¢

Z ¢
o, —
p 1 é- (A A MLV i A AAS Bf 4 aa AA = ma Mtn! em Ld "Y fn AC ¢

chee, gerueyremmnayyy oan. > le eal Ua y arises K Se @ Ye - MtInen.

5 ARIE A ATE aS Cie i AOR epee Romp

OBR GE RN ORE ile ec OE a gt «te ie ila a

SER

orks

STATE v. HARVEY

8. C. 409

Cite as 68 S.10.2d 409

STATE v. HARVEY.
No. 16575.

Supreme Court of South Carolina.
Dee, 17, 1951,

Smith Harvey was convicted in the Gen-
eral Sessions Court, Beaufort County, J.
Frank Eatmon, J., of murder and he ap-
pealed. The Supreme Court, Oxner, A. J.,
held that the evidence was sufficient to. sus-
tain the conviction.

Affirmed.

{. Criminal Law €=1144(13)

In determining sufficiency of evidence
to sustain: conviction for murder, evidence
and inferences which may reasonably be
drawn therefrom must be viewed in light
most favorable to State.

2. Homicide GI!
Malice is an essential ingredient of

murder. Code 1942, § 1101.

3. Criminal Law C20

In law, “malice” is a term of art, im-
porting wickedness and excluding a just
cause or excuse.

See publication Words and Phrases,
for other judicial constructions and defi-

nitions of ‘‘Malice’’.

4. Homicide C11

While in order to prove murder it
must be shown that killing was done with
malice aforethought, malice need not exist
for any particular length of time prior to
killing. Code 1942, § 1101.

5. Homicide Cl!

Word “aforethought” in term malice
aforethought usually refers to time when
evil intent designated as malice is con-
ceived.

See publication Words and Phrases,

for other judicial constructions and defi-

nitions of ‘“‘Aforethought”.

6. Homicide €=33

Voluntary manslaughter is the unlaw-
ful killing of a human being in sudden heat
of passion upon a sufficient legal provoca-

tion.

7. Homicide C45
Words alone, however opprobrious, are
not sufficient to constitute a legal provoca-
tion for homicide by use of deadly weapon,
68 S.E.2d—2614%4

8. Homicide €=250
Evidence was sufficient to sustain a
conviction for murder. Code 1942, § 1101.

9. Homicide C282

It was for jury to determine, upon
finding defendant guilty of unlawful homi-
cide, whether offense was that of murder
or manslaughter.

10. Criminal Law €=935(1)
Motion for new trial on ground that

verdict was against greater weight of evi-

dence, is addressed to sound discretion of

trial court.

If. Criminal Law @1159(2)

Inquiry of Supreme Court upon ap-
peal from conviction is confined solely to
question of whether there is any evidence
reasonably supporting verdict of jury.

12. Criminal Law €=1159(2)
It is not function of Supreme ‘Court on
appeal to pass upon weight of evidence.

13. Criminal Law C1159(1)

Power to grant defendant new trial on
ground that verdict rendered against him
is unjust as to facts is vested alone in trial
judge; it is not within power of Supreme

Court.

14, Homicide C282!

Where defendant is found guilty of
murder, it is for jury to determine whether
mercy shall be extended and thereby re-
duce sentence from death to life imprison-

ment.

Record furnished no support for claim
that defendant had been deprived of his
life contrary to Fourteenth Amendment to
Constitution and laws of United States and
Constitution and laws of State of South

Carolina.

16. Criminal Law €=412(2)

So long as no coercive methods by
threats or inducements to confess are em-
ployed, constitutional requirements do not
forbid police examination in private of
those in lawful custody or the use as evi-
dence of information voluntarily given.

17. Criminal Law G=1169(3)

Where defendant made no statement of
incriminating nature to officers during in-
vestigation which he did not admit in his

- HARVEY, Spith, black, 0, elec. SCSP (Beaufort County) on January 25, 1952, |
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HAYWARD (11 SC (2 Nott & McCord) 3 126

J. FISHER (11 SC (2 Nott & aes 261,

FISHER, John and Lavinia, whites, hanged Charleston, SC, Feb, 18, 1820,
HAYWARD, William, white, hanged Charleston, SC, on August a 1830,

"THE CONSTITUTIONAL COURT closed its session in this city yesterday, Among the mo-=
tions before the Court for New Trials, was that of William Hayward, who had been
convicted of highway robbery, in connection with John and Lavinia Fisher, = The
motion for a New Trial was over-ruled by the Court, and sentence of death was
pronounced upon him in a most solemn and impressive manner, by His Honor Judge
Gantt. He is to be executed on Friday the 30th instant,"

COURIER, Charleston, Se Ce, June 6, 1820 (2:2)

"THE EXECUTION of John and Lavinia Fisher, for Highway Robbery, took place yester-
day, in the suburbs of the city, agreeably to their sentence, They were taken
from the jail about a quarter before 1 o'clock in a carriage in which, besides the
prisoners, was the Rev. Dr. Furman, and an officer of police, They were guarded

by the Sheriff of the District, with his assistants, and a small detachment of
cavalry. Arrived at the fatal spot, some time was spent in conversation and prayer,
John Fisher protested his innocence of the crime for which he was to die to the last, but
admitted that he had lived a wicked and abandoned life, He met his fate with great
firmness; and expressed his obligations to the new Sheriff for his kindness and
humanity, His wife did not display so much of fortitude ore@esignation, = She
appeared to be impressed wit a belief to the last moment, that she would be par-
doned, A little past 2 o'clock the husband and wife embraced each other upon the
platform, for the last time in this world, when the fatal signal was given = the
drop fell = and they were launched into eternity, She died without struggle or

a groan; but it was some minutes before he expired and ceased tostruggle, After
hanging the usual time, their bodies were taken down and conveyed to Potter's
Field, where they were interred, The concourse that attended the execution was
immense, May the awful example strike deep into their hearts; and may it have the
effect interlded, by deterring others from pursuing those ficious paths which end

in infamy and death,"

THE COURIER, Charleston, S. C.y Feb. 19, 1820 (2:3.)

¢ yron
Drie Pe ee ally IR y bias
ss 1 GO
geve peugspe Bin Axnen.—
oe pore Parans, 0

d the inhabitgots senimilatin
ee. ie: preciael

F ONE cons
D g in’ hab-
inal jurisprudence ot
“pre t the ‘samé.): In South-
pa man and his wife were lately executed
he febbery, the @etailas of which: have
een pepshed, but the account of the robbery,
Cagether. with the testimony on the trial, we be-
heve have pot been laid the public. © There
fe no sdle curiosity in wishitg to.know, them; eter
tne interested in tbe general concerns of the
don, and by publishing minute details, whete the
Hivesof fellow creatures ire at stake, We recancile
gene as to the, justice of the result,’ or
Ceust such animadrersions as may lead to a better

“iy

ant :

ADOPRasT,
Tes ageaanen) |!

UNTRY PAPER, | *°T*

ty)

ithe

in
“Aynto Mayhole,“and in the
Alloway Kirk) and the old @
“ most ‘conspicudua places’,
poem of *“ Tam o’shahtar,
ed the masterpiece of Bure
consider: force:und \accura@
interesting and awakening
brought forward—-or the poy
morous the pathetic and the
which is-hardly to be me
position in. any language.”
sre aise of the Phony nent ey
itigly, cturcesque, To thes
Aynaerim the top of Carth
niust appear with noble eft
cally. onthe summit of a slop
Of whith Bows, in slow: proge
tera of the Doon. At adistattt
‘appéar the spircs and ‘irregad
ings of the town of. Ay r.y. thie
finely variegated with richle
tathisy: adorning the nuased
witliwhich the countr “

be... But the. gentleman
nate’ persons ought.to.
Rave been executed for highway robbery? Expotiuders
/ Of the law, as well as various Writers on the subject,
i have long since ably answered dhe question in the
) affirniative, -In Europe: expetiehce has shewn’ the ;
/Setual necessity of establishing the weighty penalty
) of death for an offence so dangerous in its consequen..|
“Gets and itis very wisely thought. expedient: in. this;
pextensite country, to eheok its early gress.4 And ;

Af, in the fate of this provision, for such heinous offen:

‘

Ces, prisoners are to escape . With: impunity, what. is
‘the utility Of law—what becomes of that spirit of truc
A justice, that should always actuate ‘civilized “commu.

Ditesit Ifthe perpetrtion oficrimes, touching the vie |
tal prosperity of our state, is ta unpunished, then you |
jat once establish a precedent, not. only injuridug toa:
Jatge portion of our populatiany but one immediately.)

Mme of things, There it tertainly ® very great
Mifference ‘between ‘the Criminal laws of the nok: affecting tHe peace and tranquillity of the heart of our
3 thera and southern states 7/4 distinction which we country ¢ sah ie ak ARISTIDES.

Cannot: persuade ‘ourselves should cxist. Inthe ~ 4 6° ae

. ee as posites rig A i te
fi UN DON, TAN 2B,

vg es oe hh a
‘ate sicw are the dark hes

denwhich are the clussic Bg
ny Doon,” beautifully <loUlg
obe side rising “precipitant

; the Bighway, ‘are puonistied by death 3 killing a
eS fine and jimprisohment. How can such
Fie WO penehentnit be reconciled on principles of comn::
oo BRon I se ae MNT” Aaa me

) 1 The ease. of Joux and Lavinia Fisher, lately,

! eupcuted at Charleston, is & rare cNample of a fe-
‘wmale being put to death for highway rubbery. Io.
Great. Britain, where a mig and his wife are tried

* for.w rebbery, it, scldont) happens that both are’
Bo ae a 3 is generally, supposed, that crimes
committed on the highway fy: women, in: company
\aeith men, are committed ubder the orders and Ui
Pettions of mew only, and the guilt: of the feitiale
accomplice is thereby lessened, for frequently kuch’
'to-operation is compulsory, as may hate beer.the
‘Gace with Lavinia Fishers Besides, the guilt! of
Me offence in highway robbery, is putting‘the per-
Mear, and a-woman must have strong nerves:

oe ish that odject. [tis somewhat strange,
‘that John. Fisheg persisted to the, Jast in his inno-)
‘ence, whereas his wife made’ no declarations, of |

em on scaling & horse, or ‘committitig: a robbery”
“ pegre'

) continuing to. exclude British merchants f rom the

Ngee ee ee |
, a gentlt curve, occasionitie

in froft; hid half cofcealcd we

ry looking ruins of “A Lowa

Sin," and the atd brig ohm

stane of Wwhidh Tah o'stant

pardoned histhstance fonts

a litth further on ts seen thie

che as! the birth luce

stche tothe north ts enric

ob the Hay of Ay Feappeurin

bolinded. by. theteweriny eine

Cbstahtasles of Cuibrucs, a

ob Ciuninghame: Ate thes

sor Khe view from thie te

tlie rehest to be met with 4 r

not$ay’ Wat 26 ihterest oie

inetiaesent by the lngna vient a

of these remarks, bY Wick the

therpoetis birth plane nd ype

his wastitiges, WH hee tery eee

thoi ositat the sthange et em

ne,
pes

The humbcr of eminent persone, nativesor Close-
ily conhtcted with Scotland, who-have died with-
“fin these 12: months, is rathe# extraordinary, ‘and
greater than we ever remember within the jsame
Period, Among these “ete the represcotatives of
stvcn of the most ancientand noble tamilics ofthis
kingdom, viz, the Dukes ‘of Hamilton, Buccleach,
iid Lenox the Earls of Errol and Englinton: the
Countess’ of Rotches,, aud: Lord Somersille ¥ the
“Right: Hons Robert Dundas, Lord. Chief“ Baton’
Adam Roland, Esq. of Gasky Professor Playfair,
“Professor Rutherford, Pringipal Hill, Prifcipal
. Playfary abd Mr, Watt, thé celebrated inggntor
vof the feat improvement upon steam, the stiarn=

4
Wes

engilies &ew

Pe ara er ! in we etic: 25 fs hi ;
“Injspeaking of the: India trade, the Leadua
Morning Chronicle observes—"“'The absardity of

| trade between Canton and the Edropean and Ame:
MCaN States, urises from the’ construction pubup:
alse of monopoly allowed to the Mast- bs

~te

anocence at all. If she alone was: guilty, ought | oi) the’ cl
J be-to have wpffered? If she acted under the orders | India’: Company in their Just, chutter, Weare
) of her husband, or was influenced by his threats, happy, to fibd that this questivt ls now under the

The tase OEN AHF Hoe 9
the Dagtirs Cota a) cunt
sult, Was brought’ by. Caviar oe

~ Oaght she to have -@uffercd?., Or, to put the ques
, Nien in’ another way, ouglit cither'to have ch,
S’hanged for a highway robbery!) We Icave) to:
“Others the discussion: of these queaticng, siniply:
“S @bserving, that. sanguinary? piinishments, are: fot,

indicative of a wild or civilized: age, And’ that? g

érimes are prevented more bythe certainty, that:
the deverity of punishments, 9 hace Wig ye
4 This, we believe, is’ the’ frst instahee in our
* M@buntry, of aman and wife suffering a gnotiii,
| oe death together; both poutig, both Calculated:
all bility for a Letter end, and both cxhibs:
oa Py t

counsels. It is, indced, a spectacle calcd~
6 0 awaken the most palbful refiections WA
© young couple, exchanging theif vows atthe altar—
Unledging sthemselves, in the presefice of the Al-
“mighty, to’ a life of morality,alid industry —bind>’
* ing themselves: by the most powerful of temporal
oi eternal obligations, and {jassing from that al.)
ie necafold. Ingtcad of. a long life of useful
Whéen ; instead of that fond endearment which rey
gilts frou A unity of good feclings} instead of see-
dog their chi grow up an honour, and credit;
a Micsetanihe ar of theic, country, inhabit it

“Y pame Aepgeon, and ure tenants of the same co

4
vi}
vl

€.
d

py uhbon proves toréibly: thie cat
fed in cntcring into the Mar:

DD Se)

G itis’

| Cundda, bot by the East Inti House, bat ditvetly

Ws Th rer

‘in: Crime together, ate together ap:

consideration of. 4 committc@vof merchants Find
probable will be sahimnitted to the considera
‘ton of Ministers. at: ancurlypday? At this tine
the Aimerioahs have abours18,000 tons of shipping idaho yk :
cinploy ed inthis trade, and probably not less than | Obs tabtueal impediens hg
00 *seanicn.* Inthe course of the: year TH18, Phy medival REN Heater an fee
hmoére that 14,000 chests of tea were imported Mito | Ce Wife,’ Who pies eur eae
Te Wis ad ittod tite bad oa
Che MN eC He toner tice
BOL Hor Preys hey dhee ly ca
ater Hearhin: Al thee tacts.
there fie fren the Pras area et
-Prmngl tic se gete: tree: n'y
REPRORL UD A ete Bye oc: aie
AAO PAE Tis Hoek seer
PEARL OES 808, toa ane Th
he Bev h Let cp ittes sed,
attendliy Sheep fog nearty
Natural. Carignty —< 1b
a ferbarkable: dele jy iy
paper Perr oh MN os kee et
Tag Saab iy ther
tatits td Vek cocwiiast
Prey neh Win Ae TA
Erde ayo all ball Bob alti

Lit SUlgyeln order te Geni; a
and youl The plea etc e Wied
WHY HUD ta cehagtbiiat ig

fron Canto in American bothodin After seme
other retiaths, the Editer obderves 2 55 wt
MS Cut anyithing be conceived tere usurdAbian
tishUbiout“our-own merchaulytiom « liveatlse
Branch obcoinmerce, lor tie purpine, as weuthapre
pear.(fof such is the practi€al result), of securmeys
the trade. td the Dutch’ and the. A meric ans pane
this top While our own mefehants cannut fade
loy ment) fob their shippite &The * Fast India
i va gt i in the nature of things, never cult be.
cure to themselves this branch of the China Trade,
‘They would be no way injured. by at once alidw.
ing ‘a; liberal construction 6, be; put upon thlir
Charteh—u construction whith would securt to
thiem'’the, supply of Great, BAtalo, but allow her
‘Mérchants to participate in the supply of Furope,
America, and the West Tndjes> Indeed, thé te:
sult would. Be, that Hritishteapital and inddbiry
would. soon stcurc, to this ceuntry, the whole ei
lunicnts of the trade, were Peas allowed tube

4 warchoused in Great Britath, fo ae bertatiangay,

Mr
i hy
a ae
er tir +.

eet
She ¥

‘

POT

tate

i batisels. It fy, indeed
ated to awaken the mout pa

ees;
apr ites |

soe sa

nile edging themuelves,: in,
omighty, to a life of moru

ur liter fs : ;
oo dan; Instead of that fond’ endearment

pisting the encroac
ing the purwit of

MC.

etki x
oe i. *

3a.

is which these remarks are
igh baipeabiy week aad futile 9
iS it igsomewbat strange,

AB! dead frien this it would beemsto his!

5 geaapeising, Chatan individual should be’ ex
Rey

Amnocente to the laut, Why would it not),

Anite

be ign

to the press a remark x0

“GY (not to'inatince Fisher

ed.even a “raylof hope’: to

the 4 Editor™:should be sq,,sddenly ‘ex
“gh pecan

ce is hot uncommon’ within the preci

; ¢ ¥ its inconaisteficy.. “if she alone was guilty

Q ought he to have: suffered 2!"

BIN ay. ‘apotber way,” (stub persist:
tion x apoths aa che sutmises) “*0u

r ;
thathe had no living reason tven)
secondly, (Bat ahe acted tinder the o

or was

A
wri

Highwe

POG int}

vid

fea thetmany otber te

ot; to Bay
h.mingle

spectacle cal
L reflections.)
young coaple, exchanging their vows atthe alta
the presence of
: ity aiid industry —bind:
dog. themselves by the most powerful of ‘tempor
hd eternal obligations, and passing fron) that's
agcaffold.: Inatcad of a kaig life of usefufs

“» o, sta fom a unity of good feelings; Instead of geek

redit, ‘Merchants to participate inthe tupply of Farope,

America, and the. West Indies.
sult would. be, that British Capital and industry

& fe) [COMMUNICATION.) “8g
| Execution of Joun and. Lavinia Pisueaige |

ton’ perceive much injustice ad well as
De raieecd, in the ‘above remarks of, the
or of tha Now-York? Jatienal Advocate; touching
£xccution of Jou and bis wife Lavinta Prom.
Yetor aml at all astonished, since the grounds
predicated, are unques-

" saya the jrentleman, ™ that

Emacs ‘persisted to thé last. in his innocence}:
hid wife madc no declaration of inivocenc# at

and honesty erdict of a jury, because sucl
Hgbt it proper, oF ratlier politic, to ples

nfer f¥om this, that the writet of any thing’so pucrileé
tepdencyy squid have reflegted but little, before,

‘ed #1) Th it at all to be wondered at, that any conviet,,
inthe present. cise) shadid’

pen jvt, pay plausibly ineat upon his innocéice, When:
\ 4 ’

from the jawaofdeath ? Is this the firstcage? Is it the:
@xcond, of third, or fourth ? thatthe astohishment of

i ot be a Lawyer, for, if he.were, he would ‘have,
ein ned by certain.“ Modérn Keports,'”
AS pre ' of an
of our Courts. “Dut ict us follow. the gentleman injhes:
apd endravor to coince ‘him! thereby )of,

tinues, Cunplying as much as though he might possibly
iltleda, because he merely persisted in iinocence).

ay eben 4s ei gcled ubger
the arders of her husband, of wassinfluenced by His
titeats, git she to have suffered # Or, ‘to. putithe

et eitheP to

; for s Ligtway Ttobbery” 2 Here
ie Pei hisn aay ani believe that che wlone was guile
% hhough we shall. preacally shew, by hie nwa:

influenced by his threats) and lastly,
per-it be property

objection @ any,
whste sectbed above

rey

cur

G Ak

which

Siew very
ecuted, af.

be fair to,
Ungrounds
abield ‘hint:
cited? Ale}
‘that sueli!
ficts:of any

hd he { tole

as though

AO surmise
rere of her

be is

| clire.to,t

J marks jn 4,

poh eM execute pt imind, not’ on account oft!
Robbery.” Now, tof answers to.

speculations, (for really. we) are

rm,) we shall merely

in subiance, ta ay

ignorance of aiiy

feune, GF of any of.

i A ; ‘yey
neat (for such

Sakae cy Abts Deus oo tie
ys m2 AE Mth a tn
% hye as Be see Se ie] ;

ly the practical result), of x curing

the trade tothe Duteli and the Americans. anc

this too, while ourown merchants cannet Gad em.
poy ment for their: shipping! The East. India
ppany, ‘inthe nature of things, never catise-
! hemacives this branctiofthe China’ Ttade,
They would be no way injured by at once allows.
ig a liberal: construction to be pot upon their

} Charter—a constriction ‘whieh! would seculé to

them'the. supply: of Great, Britain: but allow her
Indeed, thi re-

Would soon sccure, to this country, the ® hole ¢wd~

“ments of the trade) were “Teas allowed to be

warchoused in Great Britain for-¢s portation

a é ‘ as ee Oh ,
,3n relation to that part of the Memoirs ct Napa-
leon), which was published Vand ‘suppressed in,
Paris, the Editor of the: Constitutioned thud te -
of This book will have as niany readers as there
are persons who know how to read, if perused by
all those.to whose thoughts the name ofthe ackre-

dited writer-is present. Che tuesticn here te not

‘either one of reputation or celebrity, but of fang,

universal fame?” The lacubicism and simplicl-
ty of the preface, said to be written by the prigun- 1
er’s late surgeon, Mr. O'Meara; well accords!
with the nature of the work iteelf ; at once ftiet
and expressive, it treats on subjects of (he great
est importance, and ‘which will occupy a motien.
tous place ip history. Phe manneris very sinllar
to that of the Commenturies, while the hero him-

tivatuction of his name. The reader would’ pfier-
baja like tosce a few extracts’) our embarrass:
ment may be readily conceived, for it would be'ne
cessary.to cite the whole, to give an adequate dted
of the “booky In that portiou-of the: work: which
speaks ofthe resources: still remaining to France
int; i An the writer’ observes," all might
have.’ been repaired, but to this end, it wat nc-
cessary to have character, energy and firnitess,
otithe part. iof the Officers, the Government, the
Chambers,and the nation... The country sould
have: been ‘aninated -by-sentiinents of honor, gud
national ‘independence. ° Finally, it ought ¢o have
fixed its eyesupon Romealtet tlic battle of Canx,
abd not upon Carthage after that of Zama ("53
“Pagiliam—One of those © brital -exhibitions,
whichare periodically gotup td amuse the rafible/
of high And low life, took. plack yesterday feat
Colebrook: "The performers were two men fam-
cd Martin and. Hudson, butchn unlucky accident.
clit short the sport.” ‘The pugilists, inatcad of Ab-
bing, flooring, somersctting, bread-basketdng/ and
juguiafizingscach other, an Bout or two, brought
thé melo-drams to a conclusion fn the very stcond
round) th the great diappoimtment af the specta-
thrs,, who missed the usual Quantity of slit nites,
black ey@s, aud broken ribs, HOt to mention Untied.
sence ‘of that checring «sight, a cupious flow of
‘claret, All this (sn fate would have it) way Want
ing. to. yesterday's entertainment, for the very re
cond dai struck by: Martin broke Hudson’ tail
lat-bitie; and put an end to the fight. 1f thts #¢ene
had katpenba two score) rounds. later, it would
have: been w fine catastrophe) ahd would havea.
furved high: pratibcation to all ahe amateurs } but,
occurtiit so-eanly, threw a gloom over &xery
poorwtrerct

} eee

mrtothe

% i i!

td a Ayrshire, Kyle) Carvich and Camping:
ham, Wb the centre of which there te to be 40 a

aethesar pest o ae

{
the accom madethdl wl tisttere.

mre . ’ Bee OAS «ey

self is spoken of in the third person onty, ander |”
mentioned oftener than where facts require the iy,

suppobed te hare ariierteo EA

Ly tape

POAC ERE”
shephv rd at Acton, db
a nue af his Rock wer
and Thible. to shame the
he ne pat bet Me Watney
attend sheep for peart
- Matarad. Carigaty oT
a fe iat k able deicdry iso
paperinn sy ewa! <
oe Oa Sat avday she hohe
Beh emt) Sars Ue RA Ce a |
realy Tes celta cay
trom (a smal fab yt Wak
COOLS hu drew eg
CApey MAN. 0 OPM Se
subte swieete iit tay te)
sagetiae, white tweets
Laledevidey bet hb 7 Wid
mater feet Ge ENR ARS.
foitid Ported Ree tie al fe 98
fais. ur ce Mok) deen Meta os

half Meh ee
people in the afzinon a ae
Kendenien, (4) 1098 feasts id

thejtiwtlyes wattle borin ki
Hoe ah Se ve tad, hog eth we

Wwhebt Lic tnglabereat) joe a
such “epietitd: gracicar ae
any tinged to deat hied) ACT
id Focal asd iaytrumiental pet
inserted Ue apartnrg rts, sete
pabvi wash Dayo rewind wh Ee
& veil Wiehe to vey bate fy

Bh net

Pet wae

fy ”
a

Cilamits wr deplditce mee F
regret Unat the wtegw ite teat them
ing 18 2°. Piatt and demos
was estery ed by fre, ud
abpul two mule® ate Ma

anfortupated x dune dies ipa ete ed
Coktody and a Quantity ol tte
tow. Sach waa tte tupeniie
deapihewliey eget cturt, 9
huup aft) tihe hee Cr TAO RR
SHY C were com peli! te
to ase any part OT thee Gal
Fifteen hundred itotlars in Cog
the property of Captain A ichy

The catzo. of the Peres tg
abet 35fen tw anew net by ae
CoA) land, pote spaliy ©
rust haye-been eh greets
Py divas Gh ime a A utah ica cn
oP Bipsata faty me IF atl the

mia. charactetetbat of sy
meat Heactyce cmt Carcret
is the prarh Of @ seh ju
colinga To ©X pom itn
fatttedduty Go Be aety to
that weteiate (tlyacrh |)
vetartend ¢ dw Slocaay 6
op froin the ma Atle ial
oD Nant ky ivi ene:
allah Mier, Getiest Birkck)
Presk iting od ook Nae
artat bet ered Alea bt acti
ebityatiateds) whawt the ail
The Coirse ol BU Ma ee
Ot OE Ris pow B84 kbd: cal otal
Fortutatery, Site winyaio hy

othe) Mtns eer hee we Meat 8 he
wedst) shied spere ‘pee EB thlron,

cartinnt wal to paabh oot

that eng Cael y gets)
well tired mtac chad, lie

Debnitely a juvenile.

Ste ‘The State’ (Columbia SC) sssues of 4/3/91 8:1 and
| G/GY/ IB §:4

Crime commattbed on 11-1-90. NtWispaper Account of Lys first pria/
Wt hori! 9) gives US age as /5 #hen.

HAYNSS, Wade

_ - a fad orn ae Ty, a
NCO Mula, Ys Us Oe5WL93— Wadd naynes, a Negro boy, was
hanged in tiie count: jail at 11 o'clock this morning for

4G +

the urder or Miss Ylorence Uornsby, a beautinul young
lady, Harnes deuted his yilt and made a speech on the
callows Sorzivin, everybody and saying he was joing
straight to Ueaven. Neck was not broken and he was
Strangled to death. Fe had two trials and his case Was
taken before the 8. 0, “upreme Court several times. Con-
victed on miollz circu istantial evidence, many persons

thought kim innocent," oo a

”

" 3-2)189 3-Wade Haines, black, who was to be hung today

for the mrder of Miss Hornsby, a white girl, was reprei-
ved shortly before the hour set for his execution. Gover-

Slave JACK, black, hanged at Georgetown, South Carolina, on “une 8, 1821,

NOTE: COURIER for July 1), 1821 (2/6) reports that another JACK, condemned to hang for
complicity in the same murder, had been commuted with thhe provision that he leave the State
and the COURIER for Oct. 3, 1821 (2/5) states that JOE, implicated in the same crime

had died in his cabin. ;
"Georgetown, Se Ce, June 9, 1821-EXEUUTION, = JACK, one of the murderers of Mr. Ford, was
agreeable to his sentence, hung yesterday, and his body given to the-surgeons for
dissection, He was conducted from the gaol to the place of execution, under an escort of
the Columbian Blues and the Washington Greens. f ‘

"We regret th state that Joe, the villain implicated in the murder of Mr. Ford has not

yet been apprehended; it as nearly a fortnight since the pursuit was commenced, and

it is still kept up with ardor, te has been several times driven into such situa-

tions as afforded the strongést hopes of his being taken; but the intelligence and.
support furnished him from some of the neighboring plantations have hitherto

assisted him to elude his pursuers. “e some days since attempted to ascend the San-

tee, but was so closely pressed that .he was constrained to abandon his canoe, with

his provisions and part of his clothing, and again betake himself to the deep ree

cesses of the swamps and canebreaks, We.have the best reason to believe that hé is.

still on the northern bank of North Santee, a few miles above the great mail road, at a,
place called the COVE, He has, for the.present, concealed himself in a peninsula,

or narrow.strip of swamp, bounded by the Santee on one side, and a lake, which unites .with
the river, onthe other, There is but one point at which he couiid escape by land, and that,
we understand, is closely guarded, = We have been thus. particular for ht einformation of
our public spirited fellow-citizens, in other parts of the state, who may be on

the alert to detect this murderer, in the event of his eluding his pursuers in this
neighborhood, : | ~

"On Wednesday last, he entered the home of a free man, and, after snapping his gun

at the woman of the house, he (#--7e==8.) the swamp in which, it is believed, he is

at present. : : ‘

"If we might be allowed to draw some consolation from the circumstance arising out

of the dreadful deef perpetrated by this blood-thirty villain and his acomplices,.

we would be gratified in, believing that the vigilance and activity of our volunteer
detachments have not been without their benefit; for wa have learned from some of

our respectable citizens who have been engaged in this unpleasant though essential

duty, that they never witnessed stronger eyidences of long exisiting Llicentiousness

and want of subordination than were apparent on some of the plantations visited by

them, Wecmake this statement with reluctance; but we believe that by making it, we
perform a duty we owe to the public, and with us this duty shall be every paramount

to every other ansideration,"” COURIER, Cyalreston, Se Co, June 11, 1821 (2/3elie) .

8 € ev ; e
"Georgetown, June 2. - A Court of Magistrates and Freeholders was convened on Thursday last
for the trial of JACK, the property of a Mr. Fonqurg of Lancaster, District, charged
with the murder of George Rs Ford, Esqe The Court consisted of the following persons:
John Le Wilson, Je Qe3 Henry L. Garnes, J. Qe3 and Wm. We Trapier, Francis Withers,
Solomon Cohen, Robert Heriot and Aaron Marvin, Freeholders. The evidence was very
conclusive that he was either the’ actual perpetrator of the deed, or so far an accomplice
as to have been at the elbow of, him that shot the fatal gun. The sentence of the
law was therefore pronounced, and'will be executed on Friday, next, the 8th inste,
when he will be hung near this town, During the whole trial the prisoner exhibited
no one mark of penitence or sorrow, but preserved the utmost stubbornness of features and 6
manner, The trial. of the other fellow called Jack, the property of Mrs, Horry, has
been postponed in order to have his testimony as to the identity. of Joe, who is yet
in the neighborhood of Lucas' plantation on Santee and, who it is supposed will be ,
taken, He threatens to sell his life dearly, and declares that he will not be taken
alive, Volunteer parties. are still going out, to assist their fellow-citizens in
the discharge of a very“important duty. :
"No circumstance, within our recollection, has ever produced so great an excite-
ment, in our community, as that’ occasioned by the late unprovoked and dreadful,
murder of our worthy fellow-citizen, George R, Ford, Esqe Amildst the painful
feelings which it has produced, it is however consolatory to wom wh goigancemiy a
sympathy which pervades the Breasts of every class of the, community - | :

of the militiak have been umremitteds; from Monday last to the present moment, they
have been day and nicht occupied in scouring the woods and swamps to the distance of
twenty or thirty miles from town, notwithstanding the extreme heat of the weather
and the heavy showers to which’ they have been exposed. It is with pleasure we notice
the very prompt and satisfactory reply of His Excellncy Thomas Bennett to,,the
communications made to him on this subject by the Intendent," COURIER, Chakleston, .
SC, 6ohn1821 (2/30) .

ngecrgetoue, May 30. = We have today to ‘pdtthiies ‘the petinfad duty . of atieaodias ‘the
death of George R, Ford, EsGey a respect&ble ‘planter of South Island, in this neighe
borhood. To record the death of so valuable.a citizen and so good a man, is at all
times an unpleasant task, but it becomes painful in the extreme, when we are competed,
as in this case, to add that he has been suddenly. and in the prime of :life, snatched
from society and the bosom ofan affectionate family, by the hand of brutal violénce.
"On Sunday night. last, between the hours of ten and eleven o'clock, Mr, Hord, having
received information that some negroes were engaged in killing his cattle, he
together with one or two of his negroes, and a white man,’ a carpenter employed by
him, went in search of thems the latter carried a gun, They had not proceeded far
before a Small dog that accompanied them by yelping in an unusual manner, drew the
attention of the party, and a noise in the MMSNSSJXARE.bushes attracted the notice of
re Fords; at this moment a gun was discharged by an unknown harid at Mr. Ford's party
who were:immediately dispersed, and the fate of Mr. F. was not known,for a considerable
time; it appears that the villains after being discovered by Mr. Ford's servants,

-anticipating his arrival, had advanced about a°mile and a half to meet him, and .

made choice of the most favorable situation for waylaying him, and perpetrating an
act on which they had deliberately determined, A faithful fellow in the mean time,
armed with a gun, concealed himself behind the ox that had been killed in hopes to
detect them in their attempt to remove it - in this he was not mistaken, and he was
fortunate in taking one of those daring villains as he approached, Assgon as assibtance
could be procured, Mr. F,. was sought for, and found-dead-on the,spot on which he was
shots the gun had been loaded with slugs, and a balls the principal part of the, slugs
entered his head = the ball penetrated his breast; two of the negroes were also
wounded -<one of them severely near the temple°and in the groin,

"The fellow, who has been taken is a young negro man, called Jack, the property of
Mrs, Horry, and from his confession it appears that there were two others engaged
with himg they had descended the Santee in a canoe, and entered a small creek which
leads from that river into the plantation of Mr. F. He gives the following descrip= .
tion of his two companions, Joe, their ringleader, is of a yellow complexion 'bt he
is not a mulatto), about six feet high, uncommonly stout and well made = he has on
one of his cheeks (it is believed to be his right cheek) a scar about the size of a
quarter of a dollar, He came from the. neighborhood of Mr. McCord's ferry. Jack is

a short, thick negro, and came from above Columbia, or Camden, and is the fellow who
shot Mr. Fords both of these fellows have been in the neighborhood about five months
and are constantly armed. The fellow in custody states he was present when Joe |
attempted to shoot Mr, McClenan of Santee, ‘ He says. that, the gun did not snap as
reported, but that McClenan's life was saved at the, sudden wheeling of his horse,

and his precipitate flight. This is the gang who twice fired on white persons on
Santee, and have for a length of time committed depredations ‘in that neighborhood,
"we feel much gratified in having it in our power to state, that since the forgoing
account was sent to the press, a detachment of the Washington. Greens, under the
command of Capbain Carnes, have returned to town, having in their custody, Jack,

who is charged with having shot Mr, F, He and his accomplice Joe and a negro woman
were met by: this detachment, a little before daylight yesterday morning, and on their
refusing to yield, were fired on by one of, themen; the woman was wounded, and the
men endeavored to make their escape, when Jack was taken; but' we regret to. say that
Joe has, for the present, escaped; the othér corps are stall in pursuit. ;
"The spirit and alacrity evinced by the different military corps, in their laborious,
and indefatigable pursuit, entitle them to the highest commendation --. their activity
and zel will, we trust, ‘have a ben@éficial and lasting effect, ies
"The Coroner's Jury convened on the late melancholy occasion, have pronounced : that
the deceased aame to his death by. ‘being ‘Murdered by three necroés unknown,"

COURIER, Charleston, SC, June ‘Ly, 1822 (2/ Xl»)

ae A Ste de en ee ee
JACK, a slave, hanged at Georgetown, 3C, June Sth, lo
bran, ae

GEORGETOWN), S.C. JUNE 2,

A court of magistrates and frecholders
was convened en Thursday last, for the
trial of Jack, the property of a Mr. Fon-
burg. of: Lancaster district, charged with
the murder of George R. Ford, Esq.

I he evidence was very conclusive, that
he was either the actual perpetrator of the
deed, or so far an accomplice’ as to have
been at the elbow of him who shot the fas
tal gun. The sentence of the law was
therefore pronounced, and will be executed
on Lriday next, the 8th inst. when he will
be hung near this town. During the whole
trial, the prisoner exhibited no one mark
of penitence or sorrow, but preserved tho
utmost stubbornness of features and of
manner. The trial of the other fellow.
called Jack, the property of Mrs. Horry,
has been postponed, in erder to have his
testimony as to the identity of Joe, whois
yet in the neighborhood of Lucas’s plan-
tation on Santee, and who, it is supposed)
will be taken, He threatens to sell his
life dearly, and declares that he will not
be taken alive. Volunteer parties are still
gojng out, to assist their fellow-citizens in
the discharge of a very important duty.
~' Amidst the painful feelings produced
by the unprovoked and malicious '‘murdet |
of our worthy fellow-citizen, G. R. Ford;
E’sq. it is consolatory’ to observe the uni-
versal sympathy which pervades the
breast’ of every class of the community:
The exertions of the’ militia have been
unremitted ; from Monday last.to the
present moment, they have been day and
night occupied in scouring the woods and
Swamps, to the distance of 20 or 80 miles
from the town, nothwithstanding the ex-
treme heat of the weather and the heavy
showers to which they have been exposed.
It is with pleasure we notice the very
prompt and satisfactory reply’ of his Ex-
cellency Gov. Bennett, to the cemmuni-
catiqn made to him on this subject by the- §f
Intendant. Winyaw Intelligencer. 7,
‘ > -

saan Oe get ES hit . ene eis _ .
ere bint oraeen iee coat y Se Oe ees sed | aes tek

wane vin

(s Cc ) N
Cc 1
D 83

182

in the case of State

58 Am. Rep. 263.
Appellant’s attorney was
z sion to review said case, but
a 3 to satisfy this court that it sho

ruled. ‘

: The fifth exception is as follows: “Because
his honor erred in failing to charge defend-

the lands of Georg
eorge Wright, or the lands for- | cessors or assigns, and to h
s, o have and to hold

merly of the estate of I. R. B'

‘ . R. Brinson, dec d

“And the said fir. . ’ eased. | the aforesaid pe

the right ‘to use a further reserves | of way unto ger and exclusive rights

de a fi prev press vir the afore-| cessors or assigns cael arg party, its suc-

at and for ordin “ pas eee

plantation : ary And the s 3
a ’ , not to include th : S or their heirs

right to clear the s: ude the | utors and admini ee
“This deed pode Mine oe 4a ot Ye. the said second Page do covenant with

er witnesseth, that the | signs, as Pegg y, its successors or as-

tofore issued by the said justice, staying the
; remittitur herein, is vacated and discharged,
granted permis- and the clerk of this court is ordered to
he has failed | forthwith send down the remittitur.

uld be over-

y. Bundy, 24 S. C. 439,

——_—_
(90 S. C. 363)

ATLANTIC COAST LUMBER CORPORA-
TION v. LITCHFIELD et al.t

necessary element 0
charge was thereby prejudicial.”

“] charge you that an
substantially alleges, not only the facts of
homicide, but also a criminal intent, which
presupposes reason.”
When his honor, the presiding judge, over-
ruled the motion for a new trial, he also
made the statement that the fifth request
was overlooked, and that counsel should
have called attention to the oversight.
In the light of the entire charge, the ap
pellant has failed to show that the overlook-
ing of this self-evident proposition was prej-
_udicial error.
The sixth exception is as follows: “Be-
cause the jury erred in finding the defendant
guilty of murder, when the greater weight
of the evidence clearly showed that he was
incapable of forming the malice necessary
to constitute murder. The error being that
the charge of knowledge of right and wrong
was erroneous and necessarily prejudicial.”
What has already been said disposes of

this exception.
It is the judgm

ent of this court that the
circuit court be affirmed,

ameter and upw:
The fifth request to charge was as follows: erg Rago
indictment for murder | which gives to th

from the time
timber is begu

the timber, requires the gr:

the cutting an

reasonable time.
{Ed. Note.—For other cases,

Logging, Cent.

of Berkeley
Judge.

er. From a
ants appeal.

the opinion:

eley, in the

the state of

Appeal from Common

poration against John Lite

usive rights of way specified
successors and assigns, aD
e grantee 10 years, beginning
the cutting and removal of the
n, in which to cut and remove

antee to commence

removal of the timber within a

see Logs and
Dig. §$ 6-12; Dec. Dig. § 3.*}

Pleas Circuit Court
County; R. W. Memminger,

“To be officially reported.”
Action by the Atlantic Coast Lumber Cor-

hfield and anoth-
judgment for plaintiff, defend-
Reversed.

The following is the deed referred to in

“This deed and contract, made by and be-
tween A. J. Litchfield of the county of Berk-

state of South Carolina, party

of the first part, hereinafter called the first

party, and the
ny, a corporat

Atlantic Coast Lumber Compa-
ion chartered under the laws of
Virginia, the principal office of

which is in the city of Norfolk, in said state,

alge lands, to be selected and located by
said second party, its successors or as-

a or wherever so desired, to
-. s _ a permanent railroad or tram-
¥, or for any permanent branch railr
or tramway. _
a, with the following rights and
oe . Kes, to be exercised at any and all
. an the continuance of this contract

‘je pleasure of the said second
milk ) aid s arty, i
nig sors or assigns, namely: To thrid ay
2 _ - above-described tract or tracts
pelo o have and enjoy all necessary or
rire mane TEN of way, to be located by
‘ second party, its successors i
: x or assig
a said land and contiguous lands, for Ay
_ pos egress, at any and all times for
cnet ee are vehicles; to cut and make
ads er said lands; to build
maintain and o ‘ pita reel
perate railroads, tr: fi
Pe ads, tramway
na on: wagon ways across said lands se
a oo es as may be selected by said sec-
uae y, its successors or assigns; to es-
pee and maintain stables and other fix-
a coe gsc on said land; and to do
Ye all other things that
ee may be neces-
ry or convenient for the cutting, fiseiniong

; oe ant’s fifth request to charge which was sub- ;
a mitted in writing within the rule of court, (Supreme Court ot a) Carolina. Jan. 6, - othe ~ first part does also grant, bar-| “First. T
: = and which it is submitted was & proper : n. sell and conyey to the 7 MAE irst. That the said fi :
: = : ad ae . ‘ part f rst part. saa
: ee statement of the law. Since it was directed _, fare — (§ 3*)—Trmpen DEED pat part, its successors or Sinlgns = Be yr and forever defend all and 2D abebea
: = at the state’s own proof of reason, as & ‘A deed of the timber on land described mr . nt and exclusive right of way (80) feet ear to the timber upon the aforesaid prem-
{ murder, the failure to| which grants all the timber of a specified di- * de upon and across the tract or tracts of | and. and also the title to the said perm
ards to have and to hold the Jand, described as aforesaid and on all s of} and other rights of way and eke uct a
Z con- rivileges

es Bocas unto the said second party
wo = pee or assigns, against his heirs
ed ers lawfully or otherwise claiming

Eo Nite ge or any part thereof.

, . the said second part it
successors or assigns, shall Mave; endl ;
seuulabte ce granted to it or ‘thee, aa
a = (10) years, beginning from the
oo. t e said second party, its succes-
tng Of the afectaaia Umber Pete the none
or tracts of land Sheil deaceined oy aba
: i scribed, in which
La toa remove the said timber from the
apa om mm that in case the said timber
ee a > gress before the expiration
~ — riod, then the said second party
pov — or assigns, shall have such ad.
eg ime therefor as it, or they may de-
- bien og the last mentioned event, the
ace aan party, its successors or assigns
pee a a . the extended period, pay inter-
se ghee wait oe ce, price above men-
wae per cent. es ee peas aay
ne ie said first party further agrees
up lied er cut by the said second party
; t ssors or assigns, for the purpose of

pening, clearing, building and construction

MNIVERSITY OF ALABAMA

PR, Ce to my

ba ed

te judgment of the
p and that the case be remanded to that court, : heriitnw
: for the purpose of having another day as- party of the cn PS ae gre «aid a of the timber as afore-| of the rail
a signed, for the ‘execution of the sentence. the second part, witnesse a . f ac ot taua e above described tract or tracts | befor a ronda, tramways, etc., as herein-
3 mG, 202 first party, for and in ig = 7 © other aa for the transportation of any parece provided for, shall in no way what-
ee JONES, C. J., and WOODS and HYDRICK, ‘mk = St eer ne . Pesag 3 ssi Madiake ao a ae of every kind and | and ofinecd oe Piso grauted for cutting
, , e second pa : mber convey is
= nial aon ond party, the receipt whereof is hereby a = transport over the said port may desire | deed from the tract or Pri, zen re 0 3
a knowledged, have granted bargained, sold hem; with the righ » Or any of } said. nd afore- E
; : ; = 2 ; «mall ti ght to cut and use all such oR
*. (90 S. C. 283) and released, and by these presents does | imber and bush, as may in th : Fourth. That the first party shall
ee MONTGOMERY v. UNITED STATES. FI-| crant, bargain, sell and release, unto the said ment of the second e judg- | will promptly 7 and
a site a ai , assigns ond party, its successors y pay all taxés that are now du
= DELITY & GUARANTY co. second party, its successors and assigns, all | a "Ens, be required to build, constr OF of. that hereafter may become due Cs
- (Supreme Court of at Carolina. Jan. 4,| the timber of every kind and description, = pa the aforesaid railroads hot and said land and timber. , on the
912.) both standing and fallen, of twelve (12) inch- = pach ns wagon ways, rtaduaxe pee he Pe basen said second party, for itself, its suc
’ ures a ~ duri e rs or ass a ‘ : x
nd structures during the con- | first party AP oes Seaton Pass Pt
8, strators and as-

“2g ater

Motion for the vacation of an order staying
Granted, and the clerk ordered

remittitur.
to transmit remittitur.
For former opinion, see 71 S. E. 1084.

JONES, C. J. This is a motion, upon due eley
ing five hundred and ninety-five (595) acres.

er duly considering the same,
that the motion of the respondent be,

and the| of W. M.

same hereby is, granted, and the order her

e- | lands of

es stump diameter and upwards, twelve incb-
es from the ground, at the time of cutting.
on all of that certain piece, parcel or tract
of land known as ‘Hickory Grove’ situate in
St. Stephen’s township, in the county of Berk-
and state of South Carolina, contain

Williams; on the south by the
Iramer; and on the west by

*For other cases see same to
¢ For opinion on pe

pic and section NUMBER in Dec. Dig. &
tition for rebearing, see 73 8. E. 728.

Am. Dig. Key No. Series & Rep’r Indexes

tiny }
ance of this contract, for the removal of

the i

ede herein before conveyed; and to-

hic pee - ith the right of the second par-

- ee . Sors or assigns, to remove, at its
Dieasure, at any time during this

rontr:
the ‘ct, or at any time after its termina-

tfore<
eresald timber -situate on the aforesaid

tte ,
ies oo of land, except that above re-
- unto the said second party, its suc-

signs, that the said second party, its succes-
— = assigns, shall and will pay any dam-
nt one to growing crops in the selection
or anna of the rights of way above pro-
Ms pd also any damage that may accrue
e first party, by reason of any negligence

a to be assessed and ascertained b
a disinterested persons, one to be hidies
y each of the parties to this contract, and

& : notice, for an order vacating the order of his “a

hi honor, Justice C. A. Woods, staying the re-| more or less, and bounded and described 4 and. all rails, buildings, structures, fixt

i mittitur in the above-entitled case; and, aft-| follows, to wit: On the north by the lands po hepa property it or they may have es on the part of the agents or employés of th

Lf it is ordered | of J. W. Thornley; on the east by the lands Te a land. Plac-| second party, its successors or jeune du ;
ave and to hold all and singular the ing the continuance of this contract, neg

in case they disagreé, the two so chosen to

Hat of ai: Ky 3 Gu COV Ae
Yaipetd Buibet {>

Bet remem bed Hit Larvae oboe? as? Deaec

“WoeRoed fame Re mell, before rr ila $ustia o-
Hc Ponce fen tr Buta atave fad arP chro Gag? thee
ae mie. ts the wlanas Vato” sf Lott: Canela Ey
thar Yom ot, eo one ole cece Fee clrllary :

Fel

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v.93 Srace, Lu te fom ALS. New ‘aces helt phew? Gu.
reer tr whe, 6! “te frc3 cicarae “tie Colina of a aon) oad
chattel, , ee kd, G or. Wireman vA clef. SC dL ce Wi. vost ra
wince ace.” Som PS ay benee Te » Chase tte th ays of. Fou AD 1629,
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Pa. aed S. bela ts Ait feats” dL et all bu oe Cia a Chace ej

scan ok cpeanst mre ShePreel Je cats, ; Hows ats (uF Ran Pok le
r fife eft pea ax te On uct” a ‘ej eyt mH; te Ge L Abies 2 a if fi

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Re uP unedey in Maced a fe ye tH bmn ao ie ro dees rg

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we 2 iS
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Roan Put Wee? wc 7
haa. Wesbioed? j

were

tim carried
after de-
ight ma

nur men!

ver reporter +

verdict, one

men began

ze and dis-
‘e, and the
utiringly in
done, was
Buron Fitts
ide_ to the
are quoted

amounted
lice or in-
» never has
stion as to
its than the
up tomor-
issued by
s verdict 1s
the verdict
yretell what
will be as
returned by
. This muc
ach will be-
the “Cicero”

‘quittal, Ralph
ere re-arrested

at liberty, hav-
- of $50,000 and
until the out-
hese charges is
iin fall on this
held its element
d for the time
stice.

1a’S

ran through the
ey struck terror

section proved to

soon developed
Bennettsville was

of the

vife, was en route
, Carolina. They
iettsville on the
fter spending the
d, North Carolina.
eleven days after
vent down to my
1 the afternoon. In
is of other news-
ies, L hoped for @
ter must indeed be
it on a Sunday;
. few last minute
sr a story on their
and calls from .my
+, home early, the
g. But this night

5m Canton, Nort!
lustrial center abou
sheville. It is buil
mill of the Cham+
and most of the

in people employed

shone, I was greeted
A. Sumner, Chief;: of

rugged .and -pictur-
have ever met “one:*
the point.

“What was the license number on the

“Kansas, 19718,” I
eagerness. Was there

-car driven by that lost major?” he queried.

shot back, tense with
a Sunday night story

after all? In a few seconds, but it seemed
like days, Sumner answered.

“His car is up here in the mountains
in a ditch,” he informed me.

Reporters almost

mobbed me to get

the assignment, and some of them were
sore when I took it myself.

The speed record
trip still stands, for

made on the ensuing
all that I know. But

sometimes I wonder if the dust ever
settled. Arriving at Canton, I went
straight to the one-story building which is

the city hall and j
just about dusk.

ail combined. It was

After a word of greeting, Chief. Sumner
told me everything that he had found out.
The car driven by McLeary, when he was

last seen, had

been found on a lonely

road some distance from the town of
Canton. Baggage quickly identified as

holding the persona

1 effects of the officer

was in it. Fortunately, the finder of the

car, J. H. Clark,

an employee of the

Champion plant, had read of the dis-

appearance of the

Army man and had

promptly turned over the baggage and
information to Chief Sumner.

Tt was the first break in the direction
of a solution to the famous McLeary

case.

AJOR WILLIAMS, as the nearest
Regular Army officer, was called at
Asheville and he quickly came to Canton.
His first action was to report the finding
of the car and personal effects of the
missing officer to the Adjutant General at

Washington.

As it was now well after dark, there
was nothing that could be done except

carefully inspect every item in the lost
major’s baggage with the hopes that it
might reveal a clue.

Early the next

morning, Charles H.

Powers, a Department of Justice opera-

tive stationed at

Charlotte, some 150

miles away, arrived at Canton to lend his

assistance to the investigation.
Let me digress for a moment to say that

the road on which

the car was found was

seldom traveled. Branching off from a
secondary highway, it ran for some
distance to the foot of Crab Mountain
and there ended. From the way the car
was found in the ditch, it was evident that
it must have been driven by someone not
familiar with the country, and after they
reached Crab Mountain, they had turned
back toward the town.

But it was not easy to trace the move-
ments of the automobile—an essential

angle of the quest
Inquiries to the

few scattered residents

True Detective Mysteries | 125

in the vicinity, brought out the fact that
the car was first seen about July. 4th, but
as it was somewhat battered and the worse
for long driving, it had not attracted
much attention there in the ditch.

Mrs. Luther Hall of the “Thickety”
section, however, proved a valuable wit-
ness. She was a clear-minded old mountain
woman with a great respect for law and
order.

Mrs. Hall distinctly recalled having seen
the car about July 4th and declared that
two men were on the front seat. They had

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back toward Canton after finding that the
road ended at the foot of the mountain.

Her suspicions had been aroused, she
said, by the way in which the two men,
one dark complexioned and dressed in
overalls, had endeavored to hide the
existence of a person or large bundle on
the rear seat.

“J would recognize those two men any-
where,” she informed us.

But displaying that mountain trait of
being curious without appearing obtrus-
ive, Mrs. Hall was anxious to learn of the
significance of the car. She was told for
the first time of the disappearance of
McLeary.

This seemed to confirm her previous
suspicion that the men in the car were
trying to hide something on the back

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“A correspondence course?

—YES

and be sure it’s

seat.

Could it have been the body of Mc-
Leary? That was the first thing that came
to our minds.

Fearing that the lost officer had met
with foul play and that his body might at
that moment be lying in some isolated
spot nearby, volunteer searching parties
were organized by the townspeople and
the countryside was combed.

On July 14th, 1924, after a fruitless
search of the mountains and valleys, we
were forced to the logical conclusion that
McLeary’s car had been stolen in a dis-
tant section of the state and driven to
Canton by strangers to the mountains in
an effort to hide away.

But that did not help to explain the
whereabouts of McLeary.

“Tp a MAN is going to get ahead these days, he must
continually acquire more training —and_ the only
time he can do this ig in spare time. And the only
way he can do it is by studying a correspondence
course.

“But don’t start if you haven’t the determination

OR the benefit of those not familiar
with the Carolina mountain people let
me state emphatically that the ignorant
bootlegging. type comprise a Very small
minority. The rest are the finest citizens
found on the face of the globe—and they
proved it in the effort they made to help
solve the riddle of the lost major.
That day Lieutenant Donald B. Herron,
a coast artillery officer who obtained leave
in order to help in the search for his
friend McLeary, came to Canton. He was

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126

officer and Mr. Ainsworth, the old: friend ~
of Major McLeary’s father, who still clung
to the theory of a mental lapse.

Miss McLeary was on the verge of col-'
lapse from the strain of steady driving
from point to point as various reports
came in with regard to her brother. Her
condition prevented Lieutenant Herron
from taking a more active part in the
search, but he gave all possible help in
the way of information. It was evident
that he was suffering from the blow that
followed in the wake of the disappearance
of his friend and brother officer.

Meantime, the effort to apprehend the
two men who were seen driving the
McLeary car went ahead—with little to
go on.

Suspicion finally rested on Mortimer
N. King, who was generally regarded as
a tough in the neighborhood. He was first
seen in Canton, after a long absence, on
July 4th. It was known that he had pre-
viously left the town after getting in
some scrape and had joined the Marines.

Arrested for investigation, King told a
straightforward story.

He had been working in a cotton mill
in South Carolina. Desirous of seeing his
wife and new-born baby, who resided with
his wife’s parents on a farm near Canton,
and without funds, he had beat his way
by rail and hoped to find a job. King also
said that a friend, Frank Harrell, had ac-
companied him to Canton, but had left
on July 5th when it became apparent
there was no work to be had in the town.

MPHATICALLY | declaring that he

had never heard of McLeary until he
was arrested, King pointed out that he
had no connection with the car found in
the near-by mountains, Moreover, he had
never driven an automobile,

Officers searched the house where King
was staying but nothing of an incrimi-
nating nature was discovered.

But King and Harrell were first seen in
Canton the day Mrs. Hall said the car
turned back at the foot of Crab Moun-
tain. The former was of dark complexion.
Could it be possible that he was lying?

On the other hand, it did seem reason-
able that if the two men had driven to
Canton they would have gone to the
home of King’s wife, instead of getting
lost in the mountains miles away; for
King was familiar with the country.

It was now late Monday night and the
real test of King’s story would come the
next day when he confronted Mrs. Hall
and others who had seen the two strange
men in the mystery car.

So waiting the dawn of a new day, as it
would have been foolhardy to attempt the
identification by lamplight in. the fast-
ness of the hills, we grilled King with-
out mercy. I say, “we” advisedly, for by
this time I was on the “inside” of every
mdve, and Williams, Powers, Chief Sum-
ner and myself were accepted by the
townspeople as “the detectives looking for
the Majos.”

The questioning of King might have
been called the third degree, were it not
for the fact that he was a most willing
witness. He never seemed to resent a
question. He frankly admitted that his
record was not savory, so far as good
citizens go, but a murderer? No.

Dawn was peeping through the windows
of the rough pine-board room over the
country jail as we prepared to return King
to his cell to await the interview with
Mrs. Hall. Weariness had gripped us all.
King was the calmest of the lot.

Sympathy has no place in a third degree,
but we could not help but feel a slight
bit for this wayward mountain youth who.
was now ‘beginning to see that he was a”
victim of circumstance. Fate had’ frowned:
and caused him to show up to see

’ growth of woods in the swam

‘True Detective Mysteries.

baby for the first time at the wrong time.

Then a most amazing thing happened.

Major Williams asked Jing in a half-
hearted way where he ‘worked ‘in South
Carolina.

After some hesitation, he replied:

“T do not know.” And he could not
amplify the statement. Could a man with
even the lowest form of intelligence work
in a place and not know.where he was
employed? But only on this one point
did King’s whole story seem improbable.

King was taken: back to his cell to
await developments. - é

If he was identified by Mrs. Hall he
would have a lot to explain.

Only the excitement of the chase had
oe us from collapse as we turned in for
a hour or two of sleep.

It was a strange procession that went to
the home of Mrs. Hall on the morning
of July 15th. To a casual observer, it
would have appeared that King was the
guide for a party of visitors out for a
mountain hike. He had none of the de-
meanor of a prisoner that feared his story
might be shattered.

Confronting King, Mrs. Hall promptly
declared that he was—

Nol one of the men!

The McLeary mystery had only deep-
ened. It was’ no nearer a solution than
when his disappearance was first noted.

In a half-hearted way, the combing of
the mountains for evidence was continued,
but it seemed certain that the key that
might unlock the door to the hiding
place of the lost officer did not lie in
Canton.

. With a swiftness that was almost star-
tling, the whole case turned back to Nor-
folk, Virginia.

Mrs. Edward Allen, arriving in the Vir-
ginia city after an absence from her home
on a motor trip through Florida with her
three children, recalled a sensational epi-
sode of her tour.

“Tf the authorities will search a cluster
of woods near a negro settlement on the
right-hand side of the detour. out of En-
field, North Carolina, toward Halifax, I
believe they will find a trace of Major
McLeary,” she said.

MPLIFYING this sensational state-

ment, she related that on the after-
noon of July 2nd, she passed a “bluish”
touring-car with three men on the front
seat,

One of them Mrs. Allen described as
an officer, apparently in a dazed or sense-
less condition, wedged in between the
other two. His head was dropped on his
chest and his eyes were closed. An Army
ony was dangling from his head.

he other two were described simply
as a white man with red hair, and a negro.

Mrs. Allen further related that her at-
tention was attracted to the car when it
was nearly driven into her automobile.

“Later,” she continued, “upon reaching
Enfield, it was necessary to detour through
a negro settlement. There was a thick
just be-
yond the town. We stopped due to tire
trouble. Ahead of us in a ditch we saw
the same car that barely missed running
into us. There was nobody in sight.

“Tn a few minutes the red-haired man
and the negro came out of the woods on
the right-hand side of the road, looking
north, and took a big bundle out of the

ar.

“The bundle was as long as three pil-
lows and was wrapped in blue cloth that
looked like an awning. I called my son’s
attention to what was going on and told
him that it looked mighty mysterious.
The white man took one end beneath his
arm and the negro took the other end
in“his two -hands, and they carried. it out

his’- into the woods. They did not'stay long:”’

Winding up her statement, Mrs. Allen
said that this incident occurred about 3
o’clock in the afternoon and that about
5 o’clock she ‘stopped near a Baptist
church on the highway. :

“The same two men drove up, but there
was no sign of the officer.”

Where did the trail lead now? To the
spot mentioned by Mrs. Allen, naturally.

But the bundle was never found!
Another hot clue had proved groundless.

As it became apparent that there was
nothing to be gained by staying in Can-
ton, I determined to write one more
breath-taking yarn and go back to the
grind of the regular routine. Then came
one of those hunches which newspaper-
men call the tricks of Fate that lead them
to a story.

I reviewed all the facts in the case that
had brought us to Canton. The more I

mulled them over, the more strongly did -

I become convinced that the ground
should again be gone over thoroughly be-
fore we gave up entirely. After all, I
argued, Major McLeary’s car had. been
found here. Surely, there should be some
hidden clue still waiting to be uncovered
in the vicinity.

ITH this in mind, I suggested
another search of the home of
King’s wife. Major Williams agreed; but
Powers had already begun to make
preparations to leave Canton, and thought
such a trip useless. However, after Major
Williams and I had secured permission
from the mayor of Canton for Chief
Sumner to accompany us and the latter
had secured a search warrant, we again
went to Powers. We simply told him that
we were again asking him to go along as
a matter of courtesy, and he consented to
go. It was on this trip that damaging
evidence was found.

Enlistment papers bearing King’s
name, evidently overlooked when the
house was searched the first time, were
found and showed him to be a deserter
from the Marines. In a way this pre-
sented a humorous side, for we had con-
ducted a tireless search for a missing Army
officer and had found only a deserter
from the Marines.

Then, as we prepared to depart from
this modest mountain home, my atten-
tion was attracted to a line of washing.
It focused particularly on a shirt of ex-
cellent texture which seemed out of place
among the togs’of the mountaineers. I
inspected it closely.

I had, I was sure, seen the laundry
marks before. And let me hasten to ex-
plain that mountain people do not send
their clothes to a laundry.

Mrs. King informed us that the shirt
had been worn home by her husband on
the day he arrived and that it had been
in the washing when the officers searched
the place on the day of his arrest.

Could it be McLeary’s shirt? Had my
memory tricked me as to the laundry
marks? Here was something upon which
to base a hope for a break, in any event.

As we left the home of King’s wife
(Major Williams has confirmed my
memory of the conversation), and were.
walking down the mountainside to where
our car was parked, we said that if the
shirt was by chance identical with those
in McLeary’s bags—King was the right’
man.

Powers disagreed with our conclusion§?Z
He said that we had proved nothing eveii”
if it did correspond. é

Our hopes for a solution of the mystery’
were somewhat dashed as the Department
of Justice operative emphatically declared
that we did not have sufficient evidence
on which to hold King any longer.

‘Nevertheless, I was breathless as we
returned to Canton and took immediate

———"
‘

steps ti
from t!)
theft if
officer’s
William
The t
label of
A bre
though
King m
in any
We p:
shirt anc
wanted
lapsed.
As the
mountai)
ning des
the trut
point. }
fidence |
had gonc
_ “Harre
in South
the way
Cheraw,
along thi
a gun a
lift that
steal his

ne HE {
Kan
pay any
stopped a
Columbia.
“After 1
me the g
lost my n
“The m
McLeary,
as we dro
“Harrell
ahead and
eaten, it s
to McLear
But when
“We ma
prepared 1
reached fo
@ gun and
“T shot }
dead.”
King fac
briefly tol
had been <
a dazed co:
as Harrell
they had r
as after |
e knew t
The rest
to the worl
will recall
all night t
heartless
will never
the sun set
Finally y
major. The
At the «
where Mcl

, and cruelly

kindness to
of Society
Law had re
prey.

The State
for the ap)
complice—b
of King, th

However,
society. In
South Caro!
were senten:
at Columbi:
the cold wa
the murder

But the \

It never -
most siniste
history of §

124

patient at a convalescent home in Mont-
rose, following the shooting affray at
Long Beach—or from December 24th to
29th. The physician testified that after
arranging over the phone for accommoda-
tions for Wagner at the rest home, he
visited him on December 25th and found
him wearing bandages on his right hand
and chest. Wagner told him, he said, that
he had been injured in an automobile
accident.

Doctor Benjamin Blank, County Jail
physician, presented X-ray photographs
in evidence to establish that Wagner was
carrying a bullet neaf his spine. Inciden-
tally, Ray Wagner positively refused to
allow the bullet to be removed from his
body until after the trial! He was taking
no chances, it appeared, on having the
bullet in question identified by ballistic
experts.

Willie Brewster and Robert Down told
of seeing a man set fire to a pile of cloth-
ing on the night of December 21st, and
their subsequent salvaging of the damaged
articles.

Detective McMullen followed the two
boys ‘to the stand and testified that the
position of Wagner’s wounds fitted the
bullet-punctured, bloodstained clothing
and glove found by the youths, and that
the clothing itself had been made for a
man of Wagner’s stature.

At last, the State rested its case, and
defense attorneys took over the task of
attempting to prove their clients innocent.
In substance, they argued that:

1. George L. (Pat) Bruneman was
himself abducted by the men in the
Dodge car and forced to accompany
them to Long Beach.

2. Ray Wagner was in an eastern
state at the time of the shooting and
received his present gunshot wounds

True Detective, Mysteries

during. the course of a “beer fight.”

3. Ralph Sheldon had not fired any
shots during the gun battle which, he
declared, was started by the. police-
men,

4, Louis Frank was in a San Fran-
cisco hotel on the night the shooting
occurred.

In support of this last statement,
Frank’s attorney presented in evidence a
record card from the hotel in question,
which purported to show that Frank was
6 use there on the night of Decgmber

th. ;

But prosecuting attorneys were not
disposed to accept without question the
evidence of the card: they subpoenaed the
manager of the San Francisco hotel to
appear as a witness for the State.

NDER oath, that individual stated

that a few days before the opening of
the trial, two men called upon him at his
hotel and asked, as a special favor, that
he give them a card showing that Louis
Frank was a guest there on the night of
December 20th, 1930.

Their reason for the unusual request
was that Frank was “having trouble”
with his wife, and to prevent her from
filing suit for divorce, he wished to make
it appear that he had stayed at this hotel
on that particular night! The manager
had unsuspectingly consented to be a
party to the deception. However, he swore
that to his knowledge, Louis Frank had
never stopped at his hotel.

Thus was Louis Frank’s manufactured
alibi smashed. Furthermore, by attempt-
ing to impose it on the Court, he. laid
himself open to a charge of perjury.

And then, notwithstanding the array
of evidence against the accused, their un-
savory records as known gangsters, and

the sight of their paralyzed victim ‘carried
into the courtroom, the jury, after de-
liberating twenty hours, brought in a
verdict of Acqutttal for all four men!

When an astounded newspaper reporter
demanded the reason for the verdict, one
of the jurors said:

“We think maybe the policemen began
firing first.”

A small measure of the rage and dis-
gust that stirred the populace, and the
officers who had worked untiringly in
order that justice might be done, was
voiced by District Attorney Buron Fitts
in a caustic statement made to the
press, excerpts from which are quoted
herewith:

The verdict of the jury amounted
either to miserable cowardice or in-
credible stupidity. ... There never has
been, nor is, any more question as to
the guilt of these defendants than the
fact that the sun will come up tomor-
row; and the lame excuse issued by
the jury as a basis for its verdict 1s
no more the truth than the verdict
itself. . . . No one can foretell what
the future of this county will be as
the result of the verdict returned by
the Long Beach jury. ... This much
also is certain: Long Beach will be-
come in the gang world the “Cicero”
of Los Angeles County.

A few hours after their acquittal, Ralph
Sheldon and Louis Frank were re-arrested
on charges of perjury.

At this writing, they are at liberty, hav-
ing posted bail in the sums of $50,000 and
$15,000 respectively. Not until the out-
come of their trials on these charges is
known, will the final curtain fall on this
drama of gangdom, which held its element
of tragedy, but has ended for the time
being in a travesty on justice.

The Disappearance of Major McLeary—South Carolina’s

trace of McLeary could be found. He
had now been in the legion of lost men
for nearly two weeks. But fresh mystery
awaited in near by South Carolina.

On July 13th, E. G. Craven, a resident
of Bennettsville, having read about the
disappearance of the Army man, wrote
to the State authorities in Columbia,
South Carolina, as follows:

I waited on someone I believe to be
Major McLeary, July 3rd, or per-
haps 4th, at the store of Douglas and
Breeden, druggists, this city. He had
two ladies with him and was travel-

- ing in a touring-car with a Kansas

* license. The machine was about. the
size of a Dodge, but I did: not notice
the make, as I-see so many strange
cars and strangers.

Ane had the significance of this
statement dawned upon those search-
ing for McLeary, when more of the same
nature came from Columbia.

W. S. Anderson, a traveling salesman,
reported that he had passed a Dodge car
bearing Fort Leavenworth license Ea
on the state highway between Char-
lotte and Gastonia, North Carolina.
He described the driver as fitting the de-
scription of McLeary and also said that
there was a woman on the front seat.
Anderson claimed that his attention had
been attracted to the car by its license,
plates. ; i

To say-all this bordered on a sensation.
would be putting it too mildly.

Strangest Crime
(Continued from page 41)

As if to further confuse the situation,
reports came from Winston-Salem, North
Carolina that a man answering. the
description of the lost officer had been
seen at Mount Airy, North Carolina,
several days before. Also word came from
R. E. Edwards of Galveston, Texas, who
was participating in the hunt, that on the
basis of information he had received, he
was confident McLeary had been in
Winston-Salem. As this city is in an op-
posite end of North Carolina from where
the Major had last been seen, and far off
the route to Columbia, these reports
were. most puzzling.

Authorities, however, ‘were forced to
agree that the old .théory of. “find the
woman” must after all figure in the Mc-
Leary mystery. ‘ : ;

The drag-net of weary. men, which had
a short time before .cloged in toward

Saleige again spréad out.iii every direc-

tion. The’ search had started for a man
suffering a mental lapse.: Now it seemed
evident ‘that it must: be’ continued for a
man who -was apparently in his right
mind’ and deliberately. avoiding Army
associates, his civilian friends—and . his
wife. A man who was facing disgrace. —
Sympathy for McLeary. quickly turned
to a grim determination to find him at

all costs and let an Army court martial.

take its course. ag
Was the officer who only a fortnight

before. had concluded a course at’, Fort... by. | : € Lefi, of
Police :at*. Canton, a.rugged . and ..pictur-

Leavenworth. to retrace’ his steps ‘to
‘Kansas—and grim gray granite walls?
Was he of the criminal’ breed that’ de-

serts? These questions ran through the
minds of his friends. They struck terror
into the heart of his wife.

But fears in this direction proved to
be very short-lived. It soon developed
that the officer seen at Bennettsville was
Colonel A.’ J. O’Leary of the U. S.
Marines, who, with his wife, was en route
to Parris Island, South Carolina. They
had stopped at Bennettsville on the

morning of July 8rd, after spending the’

previous night at Sanford, North Carolina.

On Sunday, July 13th, eleven days after
the disappearance, I went down to my
office about 5 o’clock in the afternoon. In
common with thousands of other news-
papermen in small cities, I hoped for a
good story. But a reporter must indeed be
an optimist to expect it on a Sunday;
in fact, aside from a few last minute
pleas from ministers for a story on their
sermons of that day, and calls from my
wife urging me to get home early, the
wregeeee seldom rang. But this night
it did. ae

HE call came from Canton, North

Carolina, a small industrial center abo
thirty. miles from Asheville. It is but
around the huge pulp mill of the Cham;
pion. Fibre Company and most of the
residents are mountain people employed
in. this .plant. Wa ee

Answering the telephone, I was greeted
by. the voice of H,.A. Sumner,. Chiefi: of

esque character ‘if: I-have ever met ‘one.*
He went right to the. point,

eS.

“What
-car driver
“Kansa

eagerness
after all?
like days
“His c
in a ditc
Report:
the assig
sore whe:
The sp
trip still
sometime
settled.
straight t
the city
just abou
After a
told me «
The car «
last seen
road son
Canton.
holding t
was in it
ear, J. |]
Champio
appearan:
promptly
informati
It was
of a sol
case.

AJO)
Reg
Asheville
His first
of the «
missing «
Washingt
As it
was not}
carefully
major’s |
might re
Early
Powers,
tive sta’
miles aw
assistancc
Let me
the road
seldom
secondan
distance
and ther
was foun:
it must }
familiar
reached (
back tow
But it
ments o
angle of
Inquiri

tery,
:

at, Mrs. Allen
urred about 3
ad that about
ar a Baptist

e up, but there

now? To the
jlen, naturally.
never found!
ed groundless.
that there was
taving in Can-
rite one more
» back to the
ie. Then came
ich newspaper-
that lead them

in the case that
1. The more I
yre strongly did
it the ground
thoroughly be-
After all, I
car had been
should be some
o be uncovered

i, I suggested
’ the home of
ims agreed; but
egun to make
ton, and thought
ver, after Major
ured gy cee
nton for Chief
s and the latter
urant, we again
ly told him that
n to go along as
| he consented to
) that damaging

bearing King’s
oked when the
first time, were
to be a deserter
a way this pre-
for we had con-
ra missing Army
only a deserter

{ to depart from
home, my atten-
line of washing.
yn a shirt of ex-
med out of place
mountaineers.

seen the laundry
me hasten to ex-
ople do not send
ry.
us that the shirt
y her husband on
that it had been
.e officers searched
’ his arrest.
’s shirt? Had my
s to the laundry
thing upon which
‘eak, in any event.
1e of King’s wife:
s confirmed my.
sation), and were
ntainside to where
e said that if the
lentical with those
ing was the right’

+h our conclusionsZ 4
roved nothing eve

‘ion of the mystery’

as the Department
iphatically declared
sufficient evidence
x any longer.

s breathless as we
nd took immediate

;

SH
AD page

steps to check the shirt we had taken
from the home of King’s wife—call it
theft if you will—with those in the lost
officer’s bags. The suspicions of Major
Williams and I were confirmed.

The texture, the laundry marks, and the
label of the maker were identical.

A break in the mystery had come, al-
though it was strictly circumstantial.
King might have got hold of the shirt
in any number of ways.

We promptly confronted King with the
shirt and the evidence showing him to be
wanted by the Marines. He almost col-
lapsed.

As the end of another day came in the
mountains and the gray shadows of eve-
ning descended, Mortimer N. King told
the truth. He was near the breaking
point. His face was chalky. All the con-
fidence he had displayed up to this time
had gone. In a choked voice he said:

“Harrell and myself, were hitch-hiking
in South Carolina trying to get lifts on
the way to Canton. Some distance above
Cheraw, South Carolina, we were walking
along the Costal Highway. Harrell had
a gun and suggested that if we got a
lift that we hold up the car owner and
steal his automobile.

HE driver of a Dodge car bearing a

Kansas license was the first man to
pay any attention to our signals, He
stopped and agreed to give us a ride to
Columbia. We got in the back seat.

“After we passed Cheraw, King slipped
me the gun and said go ahead. I had
lost my nerve and pushed it back.

“The man, who told us he was Major
McLeary, talked to us over his shoulder
as we drove toward Columbia.

“Harrell again whispered to me to go
ahead and I took the gun. I had not
eaten, it seemed, for days. I cried out
to McLeary to stop the car. He laughed.
But when he saw the gun he stopped.

“We made him get out of the car and
prepared to drive off. As we did, he
ape for his back pocket as if he had

a gun and I lost my head——

“T shot him and he fell to the roadside
dead.”

King faced eternity as he went on and
briefly told how the body of the officer
had been carried into the woods; now in
a dazed condition he remembered nothing
as Harrell drove toward Columbia; how
they had reached Canton and run out of
gas after having taken the wrong road.

e knew that his life was at stake.

The rest of the story has been screamed
to the world in big headlines, possibly you
will recall it. It told of how we drove
all night to reach the scene where the
heartless crime had been committed. I
will never forget it. I was driving when
we, i set and when dawn broke.

we found the body of the lost
PR ny mane McLeary mystery was solved.

At the sinister scene of the tragedy
where McLeary had been so needlessly
and cruelly murdered in return for his
kindness. to two hitch-hikers, the forces
of Society and Order took charge. THe
me had reached out and gathered in its

‘ Pet he State of South Carolina paid $500
for the apprehension of Harrell, an ac-
complice—but no reward for the "catching
of King, the murderer.

However, both men paid their debt to
society. In a brief trial at Chesterfield,
South Carolina, on November 3rd, they
were sentenced to die in the electric chair
at Columbia. ‘Thirty days later, behind
the cold walls of the State Penitentiary,
the murder of McLeary was avenged.

But the McLeary case is not forgotten.

It never will be, for it is one of the
most sinister and famous in the entire
history of South Carolina criminology.

po initials for his auto.

True Detective Mysteries

127

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education, gifted with common, sense, to stacy,
Secret Service and Scientific Crime Detection f
in this class and _ interested, write International
Secret Service tagueees Dept. 202-32, 68 Hudson

Street, Hoboken, N

. ;
52 HIGH ERIFF OF THE LOW COUNTRY

I have often thought about Brown in the years since the unfortunate
incident, and wondered what the circumstances were that made him
such a different, outcast man in our society. Perhaps if I’d seen him
more often he would have changed, perhaps learned to temper his
reactions to provocation a bit. He was above average in many ways,
and should have been a valuable citizen, not a killer. Perhaps he was
simply born in the wrong era.

If a man is in law enforcement long enough, the day is bound to
come when he is forced to view something so terrible, a crime so un-
speakable that the memory of it will be burned indelibly upon his mind.
Lucky men see few such crimes and lead a good, relaxed life, per-

forming their duties and sleeping well at night. Some men are not so
lucky, however, and too many exposures to this type of thing can make
a police officer either quit or become unnaturally hardened.

I had seen my share of the brutal, grisly and revolting side of crime,
and thought I had been through just about all my citizens had to offer.

Then one day the Naval Hospital called Coroner Pinckney to ask
him to come by and see a three-year-old child who had just died of
extensive burns. The physician told him that a corporal and his wife
had left the child, explaining that he’d set his crib on fire when they.
were at the neighbors. The child would have to be issued a certificate
for burial, the doctor said.

The coroner took a good look at the body, and not being satisfied
with what he saw, called me.

I made a minute examination of the body, and knew immediately
that although I didn’t know how the boy died, it wasn’t the way his
parents claimed. Someone was going to have to do a lot of explaining.

The body was that of a husky, blond boy. None of the baby hair on
the burned areas had been destroyed, even though the burns were v ery
bad and quite extensive, covering the body almost completely except
from the feet to the knees. The area from the armpits to the kriees
was bright red from the burns, anc the unburned area was circular,
as if it had been protected. Between the navel and the lower abdomen
was a one-inch strip of flesh that was unharmed. There was also a bad
bruise on the temple.

The physical factor told the following story: the burns had been
caused by liquid, either hot water or hot oil. Flame would have de-
stroyed the hair. To produce the symmetrical burns and leave the
narrow unburned strip, the child must have been picked up by his feet
and hands and dipped in near boiling liquid.

Explaining my theory to the coroner and physician, we agreed that
an investigation was certainly in order. The provost marshal on Parris

MURDER 13

Island sent an investigator to assist, since military personnel were
involved.

We went to the corporal’s home in Port Royal, and found the house
in darkness. We decided to search the house since the answers were
4n there, and we weren’t really in a temper to wait for them. It was
certainly the cruelest murder I’d ever seen. The door was unlocked,
and we walked in and turned on the lights.

A high chair was pulled up to the table, and it appeared that the
baby had been eating a plate of beans. A large easy chair was at the
foot of the bed. The bed sheet was flecked with blood over its entire
surface, and a large pair of leather boots were on the floor next to the
chair. The crib where the accident was supposed to have happened
was to the left of the chair, its mattress missing.

In the bathroom we found the mattress in a tub of water. It was
clearly planted evidence, for the fire could have easily been put out
without going to all the trouble of filling the tub.

I had seen enough to know that I wanted to see the corporal and
his wife badly. There were a lot of questions to be answered.

I left a stake-out at the house and left orders to arrest. them and
notify me immediately. Their description was broadcast to all units,
and I knew that they wouldn’t be hard to recognize. The corporal was
six feet-four inches tall, weighed 220 pounds and wore size fourteen

shoes. His wife was expecting a baby momentarily.

A broadeast on our local radio station brought results. At 7:30 the
next morning a boarding house operator called in to say that a couple
answering their description had rented a room the night before.

When we got there we found their car parked in the rear, and a
search of their room indicated that they’d just left.

A quick search of the nearby restaurants found them calmly eating
a breakfast of ham and eggs. Approaching them I did something that
a good officer doesn’t do. But the memory of the horribly burned body
and the half eaten plate of beans was still in my mind, and I slipped.

“Corporal,” I said, “do exactly what I say and you will live. I'd
like to kill you personally, and if you give me one opportunity there
won’t be any trial. You’re going to talk fast, corporal!”

His wife was completely dominated, but tried feebly to lie for him.
He paid no attention and didn’t move to get up.

“Sheriff, I just had to do it,” a pleaded. “I'll tell you everything
if you don’t let anyone kill me.’

At the jail I sat and listened to his brutal and sordid tale.

In his home town he and his wife had been childhood sweethearts.
They became engaged shortly before he left to join the Marine Corps.

. a

54 HIGH od ERIFF OF THE LOW COUNTRY

When he returned home on leave he found his fiance married to his
best friend and even worse, expecting a baby. He left to brood for
awhile, then returned home to persuade her to divorce her husband
and marry him. She retained custody of her son when the divorce was
finalized, which made him the boy’s stepfather.

He liked the boy at first, but when his wife became pregnant with
‘his own child, he began to hate him. Every time he looked at him, he
saw the love between his wife and her former husband. It became an
obsession with him, and he often beat the child unmercifully. Once he
deliberately opened a car door to let the chlld fall out, but the injuries
weren't bad and the little boy recovered.

His wife had gone to the hospital for a routine checkup on the day
of the burning, and the boy had stayed with him. They were alone in
the house. He put the child in his high chair and gave him a plate of
beans to eat, but he wasn’t hungry and began to cry to get down. He
took him from the high chair and put him on the floor, then retired
‘to his easy chair to think. When the baby crawled over, asking to be
picked up, he kicked him against the bed. His head hit the footboard,
and he lay there groaning.

The man went into the bathroom and filled the tub with scalding
water. He carried the boy in and held him under the steaming liquid
until he stopped moving, then he put him in the crib and set the mat-

tress afire. After it burned awhile, he took it into the bathroom and

threw it in the tub.

When his wife returned, he told her about the boy being burned in
the crib. He told her that the child was dead, and they went for a
ride, where he made sure she had his story straight. When they re-
turned they found the child rolling around in the bed in pain, and de-
cided to take him to the hospital.

“Now, Sheriff,” he said after he’d finished, “I’ve told you the truth.
Will you try and save me from the electric chair 2”

“Td like to pull the switch myself,” was all I could reply. I got up
and left the office, feeling a great need to be away from the man for
awhile.

As it turned out, he never saw the electric chair. His lawyer de-
veloped the fact that strangulation had figured in the death, occuring
when the doctor told a nurse to give the weakened child a small
amount of water. He was alive when he reached the hospital, the law-
yer said, so who could be sure of the real cause of death? In the end
it was recorded as strangulation. .

The corporal was dishonorably discharged from the Marine Corps
before the trial, and denied the privilege of wearing his uniform in

it ananantapente

MURDER oh

court. But, because of a technicality, the most brutal murderer I ever
met was sentenced to life imprisonment. For the first time this hard

sentence struck me as far too lenient to be just.

It has been said that stealing from a man is in many ways like
Miling a small part of him. The thief does not take the entire life, as
does the murderer, but he does take objects of value that the victim
has given hours and days of his lite to earn. Thievery is not as deadly,
but is often quite as painful when people survive to see their life sav-
ings and most cherished possessions gone forever.

One of the most terrifying experiences that a person can experience
is to wake up in the dead of night and know an intruder is in his
room. A wise man, finding himself in this position, will Iet his fear
be his salvation and lie perfectly still, prentending to be asleep. The
burglar is tense, alert, and prepared for almost any incident. He 1s
most likely armed in some fashion, and at times will go to great lengths
to keep from being identified. The best-thing to do is to let him finish
his burglary, then after he’s gone call the police. This is a job that they
are paid and trained to do.

There are two categories of burglars, the first being the robber of
stores, public buildings and the like. The second and most dangerous
to the public is the “cat burglar,’ a man or woman who specializes in
ransacking homes and apartments, creeping in and out as silently as
their namesake. While you sit in your living room watching TV a
skilled cat burglar can be at work in the bedroom, silently appraising
your money and jewelry. I have arrested many women cat burglars,
one of whom went into the home of our former bank president and
stole his wallet from a pair of pants that hung on a chair right by the
bed in which he was sleeping.

As long as the burglar takes only money he may get away with his
crime for a long time, unless he’s unfortunate enough to be caught in
the act. It’s when he begins to steal personal property that the officers
of the law know they’ll soon catch up with him.

Modern methods of rapid transportation have made it almost im-
possible to solve some robberies. Men being transferred or transients
case a store or home, break in to take money, guns or other objects
that are hard to identify, and after moving on, unload them to a fence
in a faraway city where they can’t be traced.

Police do get a break sometimes. A storekeeper on St. Helena
Island reported a robbery to my office one day. The thief had taken
groceries, cigarettes, and had attempted to get into the safe. He had
gained entry through a small window. Upon my arrival I saw a print-
‘ed card lying on the floor just beneath it. We never did tell the sur-

56 HIGH ERIFF OF THE LOW COUNTRY

prised fellow how we caught him before he had time to even store his
loot. .

One of my closest escapes from death stemmed from an incident
that involved a burglar who qualified in both categories.

The City Hall, post office, courthouse, Baptist Church and other
public buildings had all been robbed, and unquestionably the same
person had committed all the crimes. He left a trademark everywhere
he went, and a dangerous one at that: ue lighted fires on the floor of
any building he robbed.

The double threat of losing the buildings and their contents made
this thief’s capture so important that we had every availal dle deputy
and policeman staked out around town every night. He was av eraging
two breakins a week, and it seemed that everywhere we were, he
wasn't.

Then one bitter, cold night I was parked in an unmarked car in a
position that allowed me to observe several streets. I saw a figure leap
a fence and flatten himself against a large oak tree. For nearly an hour
he remained there. Eventually he skittered from tree to tree, pointedly
staying in their shadows. I knew this was our man, but I couldn’t call
for help since I had no radio in the car. I cranked up the car and took
off in pursuit, but I wasn’t quite fast enough. He went over a fence
like a deer just as I stopped and got off one shot at him. In a few
minutes we had the neighborhood surrounded, but he had melted
away.

But now we had a description to work on, and knew that he never
traveled by sidewalk or street, only crept stealthily through the yards
and. vacant lots of the city. From what I’d seen, I knew that he was
an athlete, and a cunning one at that.

The burglar had no way of knowing how good a description I had
gained in our brief encounter, and we figured that he'd probably
change his territory or move on. For two weeks it seemed as though
our assumption was right, as there were no more robberies and he’d
evidently dropped out of sight.

Then one night a storekeeper named McCreary on St. Helena
Island heard a noise in his store. Flashlight in hand, he went down to
investigate. He opened the door and found himself face to face with
a tall young colored man who promptly shot him, putting a bullet less
than an inch from his heart. Mrs. McCreary, hearing the shot, ran
down to the store to find her husband lying in a pool of blood.

When she called for help we knew that our suspect was active
once again, this time in a new neighborhood. Just like clockwork a

MURDER

new call would come in every three days. He was attacking women,
robbing houses, and there seemed to be no end to it.

Working on the island was a handicap; it’s twenty miles long and
ten miles wide, with a population of six thousand who live scattered
throughout its woods and fields. We were being flooded with criticism
for our inability to find the rampaging thief.

I had an idea. In the jail we had a prisoner, a moonshiner who was
in for his third offense. He had been born and raised on St. Helena,
and knew it as well as anyone who lived there. I made him the fol-
lowing proposition: we’d make him a trustee and allow him access to
the jail yard. He would be allowed to escape, and while we made false
but obvious attempts to recapture him he was to try to make contact
with the burglar. Any information he received would be passed to us
immediately, and if he performed his job well, I would try to inter-
cede with the judge at his trial and have his sentence lessened. He
agreed, and the plan was set in motion the next day.

A week passed, then one night while Deputy Randall and I were at
a political rally listening to the oratory, a light tap fell on my shoulder.
It was my informer, back with the information I wanted.

The man’s name was Clifford, and he was at a house where a dance
was being held. He had a gun and was bragging that he would never
be taken alive.

We left for the dance immediately, shotguns in the car. I instructed
my men not to kill him except as a last resort; there were at least
twenty-five felonies that had to be accounted for, and I needed his
confession to close the huge stock of cases that lay on my desk.

We parked the car and walked to the dance. A cornfield served to
cover our approach until we were but a few yards from the door. We
scattered to cover all the doors, and I called out that we were the law
and wanted everyone to stay inside. I wanted them to come out one
at a time so I could pick out Clifford. But instead, there was a stam-
pede; people poured from every door and window screaming and
frantically running into the darkness. We never could have stopped
them, but luckily I spotted Clifford running along with the rest.

“Clifford! Stop or I'll kill you!” IT hollered.

He stopped all right, but only to take aim and begin firing at me.
I wanted to take him alive, but forgot my plans when a streak of fire
coursed down my right side. If I stood waiting any longer, the bullet
would kill me. I shot for his legs and he went down, dropping his
pistol. But even this didn’t stop him, and he dragged himself off
towards the cornfield. When I reached the edge, I saw his trail of

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58 HIGH SHERIFF OF THE LOW COUNTRY

broken stalks and blood, and called out to him. “Clifford, you’re going
to bleed to death! Let me help you.”

“Here I am, Sheriff,” he responded weakly. When I reached him
his legs were a mess. Both knee caps were gone and the crawl through
the cornfield hadn’t done them any good either.

He asked how many times he’d hit me, and when I told him none,
his answer surprised me.

“T’m glad I missed.”

The bullet had grazed my ribs and torn my shirt and coat almost
completely from my back. |

By this time, his friends from the dance had crept back to see what
was happening and had gathered around to see how bad Clifford’s
wounds were. One young man, brave now that the big man was hurt,
tried to kick him in the head, and forced me to dispatch him momen-
tarily with the barrel of my shotgun. He quickly recovered and scam-
pered away into the night.

I was sure that Clifford would have to lose his legs, but thanks to
a young and skillful Beaufort doctor, Clifford is serving several life
sentences on two legs minus kneecaps.

Clifford had a history of crime since childhood, and even tried to
attack one. of the nurses as he was recovering in the hospital. The
judge called him “more animal than human,” and sentenced him to
confinement for the rest of his life, noting that both Clifford and so-
ciety would be better off because of it.

The Rotary Club of Beaufort surprised me by making a very formal
presentation of a new shirt to replace the one that had been shot off,

but Lucille made the classic remark about the episode when I arrived
home that night:

“Did you get him?”
“Ves 3) I <a d “y sl ”?
S, answered, “but he shot my shirt off.

She looked concerned for a moment, then asked.

“Did he ruin it?”

Rape is one of the most serious offenses committed by man, and
also presents the hardest case for the law enforcement officer. Women
who have been attacked often will refuse to even reveal the fact, and
more often than not, refuse to testify against the assailant in open
court.

The seriousness of the crime and of the punishment make it man-
datory for investigating officers to leave no stone unturned in their
search for the truth.

I’ve always tried to follow every new technique involved in crime
detection and never ignored the realm of medical evidence in rape

MURDER 5

cases. But often the road was a rocky one, with the victims convinced
that the crime was their personal matter and not, as I contended, an
offense harmful to the state as well. But as times changed, some of the
techniques, such as the smear test for the detection of spermatazoa,
became acceptable to some degree. I was the first sheriff in South
Carolina to employ the test, an improvement that enabled us to estab-
lish the fact that intercourse had really taken place and also give a
good estimate as to how many hours had passed since the attack.

Women are consummate actresses, and I have found many more
reported rape cases to be false than true. Over the years I remember
three cases in which the pattern was the same. These women never
knew each other, but each screamed rape and inflicted wounds upon
herself in the same manner. The cases are so much alike, one alone
would serve well as an example of all three.

In the first, a young sergeant’s wife ran screaming from her home,
crying that she’d been raped. When I arrived she seemed to be hys-
terical, but was able to tell me about the situation and crime. Her
husband was on duty at the base and she was alone in the house.
While making up her bed she heard a movement behind her, and
turned to see a tall colored man standing there watching her.

“Tf you holler, I’ll kill you,” he said.

She tried to run past him, but he grabbed her arm, choked her and
started cutting her. He attacked her, and then ran out the back door.

I was sympathetic, but something just didn’t seem right. I wanted
to be absolutely certain that there had been a crime before any general
announcement of the case was made. An interracial rape case is the
most upsetting crime that a community can experience, and racial
relations in the entire county can be disrupted long afterwards as the
result of a single crime. Innocent people brought in for routine ques-
tioning may be put under suspicion or even danger, though in reality
they had nothing to do with the crime. In any case I just had to be
sure. .

When the husband arrived, he was very solicitous of his wife, and
demanded immediate action from the law. He was ready to round up
his friends to help if need be.

But I’d been looking at the young woman’s cuts, and they were
beginning to look less and less like the cuts suffered by an attack
victim. Each one was identical, almost the same depth and length,
just deep enough to bleed a little. The cuts on the dressing gown were
the same, and it looked to me as if the job had been done with a razor
blade, held between the fingers so as not to inflict a deep wound. All
the wounds could easily have been made by the woman herself. I

RONALD C. VAN RAALTE

P.O. Box 584, Arlington Hts. IL 60006 « P.O. Box 174, Scottsdale, AZ 85252
312/694—5661 312/529-1369

Chief of Security & Safety
“Avis Rent A Car System,Inc.

Great Lakes Zone
zeeenek,en# @£ ke & et 8 ft

Sergeant (Retired)

Arlington Hts Police Dept
e2enketere,_ere.eete_eeeetrte*tee_eereaea ~)
Past President Cc}
Intl Assoc Auto Theft Investigators ta,
zeekeaef kek @ he @& ete ete ete ke ke ek ek kk tt

Past Chairman, Board of Directors
Chicago Chapter, American Academy

for Professional Law Enforcement
es ereeereekeeteneke & & & ek ek ek kek

Past President
Illinois Lodge 80

Fraternal Order of Police July i4,1985

zeereenrteeketrtfeteteeteretr

Mr be Alen Morris
The Berkeley Democrat
FU poe C5]

koncks Corner SC 2946)

i Pr, Morris:

Last Decemter you were kind ensugh to provide me with information on
the Ceeth of Denuty Sheriff Midas

Ley, County Constebls

tl am now tryine 16 document ths d rKE
lbeck was hanged on VWarch 19, Leos.

bob Hagel, for.whien Jerry Hor
Murder occurred “ast spring".

Puy and all information on this would pe Beppreciatcd.: Thank you,

Sincerely vO

oe ee

Ron Van Faalte

MEMBER
Illinois, Michigan & International Assoc. Chiefs of Police; Police Management Assoc;
American Society of Public Administrators; National Association of Outlaw and Lawman
History; Western History Association: Former Texas Rangers Association (Honorary);
Westerners International

Wis hg

“Lhe filey Coll SL - Ue jie Sorry Gotbeek trae Konged La
a Boke: A aid yard eater bag REI Bae a

a Seer e © Cat ibyhrtrnd | Sieh cu hy HOT IALY te ae,
aiale: aud duatidil th gaoding hes need
Lb Eton, Phe ee Mee Ate Temi

| a Aiieed del Weisel We cles Ny ota lui hay
; id ey ee we iu Quh{= daenar

Mio a te Aawr2 Ff (4 1§FY

HORLBECK, Terry hanged S.C.(Berkeley) March 16, 1894

ww eww we gt Ses ae es

ANOTHER BRUTAL MURDEB.

Well Known Negro Dosperado Kllis ri
Colored Constable. |

Crarvestox,S. C., Feb. 10.—Another
brutal murder was reported to-day from
the phosphate works, ‘im the vicinity of
Charleston. It occurred at-!Magnolia
Mines about fifteen miles from the city.

Henry Horlbeck, a well-known negro
desperado shot and killed Robert Ha-
zeel, a colored constable, who attempted
to arrest him on & warrant charging
him with trespass. | x
Horlbeck twas armed with a shotgun
and blew out the brains of the constable
as he entered the door‘of the shanty in,
which he was hiding. After killing
Hazell, Horlbeck armed himself with
a Winchester tifle and attempted to
murder another constable. He also|
fired at a white man who accompanied
the officer. The latter fled for aenist-
ance and in the meartime Horlbeck
robbedthe murdered man and went
into the woods, making good his escape.
A posse trom the mines ig after him
but with little hopes of catching him.

Knoxville Journal February 15, 1893

&
ie IDENTIFYING
AND
DOCUMENTING
THEIR DEATHS

“It is rather for us to be here dedicated to the
we take increased devotion to that cause for

great task remaining before us -

highly resolve that these dead shail not have died in vain.”

RONALD C. VAN RAALTE
Law Enforcement Historian

Post Office Box 72883
Roselle, IL 60172-0883

Post Office Box 174
Scottsdale, AZ 85252-0174

Chief of Security
Great Lakes Zone
Avis Rent A Car, Inc.

freee rerererereeeceererrececcerecee

Deputy Sheriff H-2
Carson City, Nevada

Stew ewe wewerenrnereeerewr eres ee

312/694-5661 312/529-1369

Berkeley Coun
100 Library §
Moncks Corner,

Dear Ms. Gale:

which they gave the /ast fuil measure of devotion; that we here

ESTABLISHING
A NATIONAL
MEMORIAL

“nat from these honored dead

Abraham Lincoln

January 6,

1987

my 1 a a) 2 . a5 + Fe : we
Sergeant (Retired) Thank you for the material you sent in 1984 on oficers
Arlington Hts. Police Dest. kilied. Without the help of librarizgs= and persons such
Hoeeeereneeecereeerceorrrrrres as yours and you, this entire projecz= would be virtually
Past President impossibdle.
Int. Assoc. Auto Theft Inves.
Continued research disclosed several DSthers in your area
MEMBER for which I would appreciate copies cl newspaper stories.
ican Association State
severe istonians i... On March 16, 189%, Jerry Horlbdeck believe d hanged for the
murder of Conststle Bod Hazel. Date of murder unknown.
. of Ameri i a , : a : . -
Se ae ies If hanging story gives date of crime. would like that stor:
also.
Western History Association
as a re cleat ‘ aes Becta Ast weP-Ste-© a Qi o-papes — aE .
Former Texas Rangers Association ° ae ° .

wTtete rw ewewretewreneee teeter e eee

Natl. Assoc. of Outlaw and
Lawman History

eee weeeeeeeeererereenetewreteteee

Westerners, International

erterrewereeeeeeeneerzreecreces

Int. Assoc. Chiefs of Police
Mich. Assoc. Chiefs of Police
ll. Assoc. Chiefs of Police

weet rterererereesreresreerereerecens

Amer. Soc. Ind. Security

wererrreeereerecereorererecenere

Police Management Assoc.

weerraerereeereererrseestereeeenee

Amer. Society Public Admin.

CRall hie cancifinga ha bAraAttan

Thank you.
Sincerely yours,

oo
Ron Van Raalte

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Metadata

Containers:: Box 35 (2-Documentation of Executions), Folder 14
Resource Type:: Document
Description:: Jim Harris executed on 1901-08-09 in South Carolina (SC)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 26, 2019

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