South Carolina, G, 1908-1991, Undated

Online content

SCHOOL CF UN.

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682.8. C.

jury, numerous written requests to charge
were made and among them was one which
requested in substance, that His Honor
charge the jury that the State must prove
the place of assault and the place of death
of deceased.” The record does not show
that any request to the above effect was
made. However, it does show that the
Court refused some request made by appel-
lants, but its contents are not disclosed.
The language used by one of the attorneys
for appellants on a motion for a new trial
rather indicates that he thought that such
a request had been made. The fifth ground
of the motion for a new trial and the ruling
of the Court thereon are as follows:

“Mr. Gasque: Fifth, that his Honor
erred in refusing to charge that the
State must prove the place of assault
and the place of death of the deceased.
I might call your attention to the case
of State v. Rector, 158 S.C. 212, 155 S.
E. 385, 386. (reads)

“The Court: Mr. Gasque and Mr.
McCaskill, of course there is evidence
that the assault was committed in this
County sufficient to have caused death.
The Rector case and all other cases are
all based upon both sections of the 1942
Code, the exact Section numbers I
don’t recall at this particular moment.
There is, however, a fifth factual situa-
tion, possibly more, which are not ques-
tioned by any of those Sections I have
referred to except possibly the first
Section. Where the origin of the un-
lawful act or acts resulting in the death
of the deceased is determined, under
such factual situation, the venue is
properly laid in the County where the
unlawful act or acts, which finally re-
sulted in the death of the deceased, oc-
curred. I, therefore, overrule that mo-
tion.”

I think the ruling of the Court indicates
a misconception of the issue sought to be
raised. Counsel was not contending that
there was no evidence to go to the jury in
support of the allegation that the assault

76 SOUTH EASTERN REPORTER, 2d SERIES

was made and death resulted iv Horry
County. The evidence was conflicting on
this issue and the question could not have
been raised by motion for a directed ver-
dict. It is also true that if the fatal blow
was inflicted in Horry County and death
resulted in another county or state, venue
could be laid in Horry County. But there
is no such allegation in the indictment. It
fixes both the place of the assault and the
place of death in Horry County.

The question as to whether counsel for
appellants are correct in stating that they
requested the Court to charge the jury on
the disputed issue of venue is not material,
since in a capital case we are charged with
the duty of carefully scrutinizing the record
to sce that all rights of the accused have
been safeguarded.

The evidence discloses a brutal murder
and the overwhelming weight thercof
shows that the offense was committed by
appellants. The only uncertainty is the lo-
cus of the crime. But the enormity of the
offense does not relieve us of the responsi-
bility of determining whether there were
any errors of law during the course of the
trial substantially affecting the rights of ap-
pellants. If there were such errors, we
have no alternative but to reverse the judg-
ment and order a new trial. In such a case
a new trial is granted, not in the exercise of
discretion, but in obedience to the command
of law.

I am unable to escape the conclusion that
the failure to submit to the jury the disput-
ed question of venue constituted prejudicial
error. It seems to me that this conclusion
is sustained not only by our own decisions
but those from other jurisdictions. People
v. Iletenyi, 227 App.Div. 310, 98 N.Y.S.2d
990, affirmed 301 N.Y. 757, 95 N.E.2d 819;
State v. Igo, 108 Mo. 568, 18 S.W. 923;
State v. Brooks, 136 N.J.L. 577, 57 A.2d 34;
23 C.J.S., Criminal Law, § 1196(b).

For the foregoing reasons, I think a new
trial should be granted.

. TAYLOR, J., concurs.

CAWLEY v. BOARD OF TRUSTEES, ETC. W.Va. 683
Cite as 76 8.E.2d 683

CAWLEY v. BOARD OF TRUSTEES OF
FIREMEN’S PENSION OR RELIEF
FUND OF CITY OF BECKLEY et al.

C.C.No. 805.
Supreme Court of Appeals of West Virginia.
Submitted April 15, 1953.
Decided July 7, 1953.

Mandamus proceedings brought to require
payment of pension benefits to petitioner as
a permanently disabled fireman. The Cir-
cuit Court, Raleigh County, sustained a de-
murrer to the amended petition and certi-
fied certain questions to the Supreme Court
of Appeals which held, per Lovins, J., that
an ineligible applicant improperly certified,
appointd, and confirmed for service as a
fireman was not entitled to a pension even
though he had been permanently disabled
while performing the duties of a fireman.

Affirmed.

{. Appeal and Error €=314

Date of certificate rather than date of
order sustaining demurrer and adjudging
that questions arising thereon should be
certified to Supreme Court of Appcals
would govern in determining whether mo-
tion to docket certification had been timely
presented. Rules of Practice in the Su-
preme Court of Appeals, rule 2, subd. 4;
Code, 2-2-3.

2. Pleading C=216(2)
Filing, and consideration, on demurrer
of exhibits is not permitted in law actions.

3. Municipal Corporations 57, 59

A municipal corporation possesses and
can exercise only the following powers:
those granted in express words; those ne-

cessarily or fairly implied in or incident to:

powers expressly granted; and those es-
sential to accomplishment of declared ob-
jects and purposes of corporation.

4. Municipal Corporations €=220(9)
Statute creating pension fund for mu-

nicipal employees should receive liberal
construction. Code, 8-6-10, 8-6A-2.

5. Statutes €>190

Unambiguous statute required no con-
struction, and it was duty of court to apply
statute as written.

6. Municipal Corporations C197

Valid civil service provisions must be
complied with in making appointments to
municipal fire department.

7. Municipal Corporations C197

A person older than maximum age per-
mitted by civil service law is not eligible
for appointment to municipal fire depart-
ment. Acts 1949, c. 88, art. 6-a, §§ 1, 12.

8. Municipal Corporations €=197

Under statute prescribing maximum
age of 35 years for applicants for appoint-
ment as municipal firemen, appointment by
mayor and confirmation by council were in-
effective to constitute over-aged applicant
a member of municipal fire department.
Acts 1949, c. 88, art. 6-a, §§ 1, 12.

9. Estoppel C=62(5)
Estoppel cannot be based on unauthor-
ized acts of municipal authorities.

10. Constitutional Law €=102(2)

Firemen’s pension fund was a public
fund derived, in part, from taxation and
entirely at disposal of branch of municipal
government, and therefore prospective ben-
eficiaries of fund had no vested right in it,
even though they might have an expectancy
to. participate in fund when otherwise qual-
ified. Code, 86-14.

11. Municipal Corporations (197, 200(2)
Civil Service Board could not legally
waive age requirements for applicant for
appointment as municipal fireman; and
even if it could waive such requirements,
the waiver would not be binding on trustees
of firemen’s pension fund.’ Code 8—-6-14.*

12. Municipal Corporations ©>200(3)

Ineligible applicant certified, appointed,
confirmed and serving as fireman could not
qualify under statute providing retirement
benefits for any fire department “member”
serving not less than five consecutive years
preceding his disability. Acts 1935, c.-69,
§ 18.

13. Municipal Corporations C=198(2)

Council had power to terminate, by
adoption of resolution, services of incligible
applicant certified, appointed and confirmed
for service as fireman.

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VAOIALNS, Donald, wn, 506, elec. 30

( ) 9/6/1991.

eye wey ee

~ White Dies for Killing Black,

For the First Time in Decades

By DAVID MARGOLICK

.. Nearly. half a century. and at least
‘1,000 executions since it last happened
“in the United States, a white person
was executed yesterday for killing a
‘black. :

Donald (Peewee) Gaskins was put to
death in Columbia, S.C., early yester-
day for the 1982 killing-for-hire of Ru-
dolph Tyner, a fellow inmate and a
black man who had himself been con-
victed of murder. The son of Mr,

+ Tyner’s victims hired Mr. Gaskins to
kill Mr. Tyner, which he did by giving
him a bomb disguised as a radio.

' Not since 1944, when a Kansas man
was executed for killing a black in an

attempted robbery, has a white person

in the United States received the death
penalty for killing a black. No white has
been executed in South Carolina for
such a killing since 1880. The total
,number of executions in the state since
that time is unclear, but 245 people
have been sent to the state’s electric
chair since 1912,

Systemic Racism Charged

Opponents of capital punishment
have repeatedly charged that such dis-
parities reflect persistent, systemic
racism in the application of the death
penalty. The death of Mr. Gaskin in an

electric chair seemed to some Oppo-|: | eet de
gress moves to shift

nents to underscore just how rare it is
in this country for a white to be execut-
ed for killing a black.

Mr. Gaskins had already been con-
victed of nine other murders, all of
- them of whites. For one murder he had
_ Previously been sentenced to death, a
‘conviction that was subsequently com-
muted to life imprisonment;. for the
‘ others, he was serving consecutive life
_ Sentences. Mr. Gaskins had been linked

to several other killings as well.
‘‘That’s apparently the sort of crimi-

wre =

nal record a white man needs to be
executed for the murder of a black,’’
said David Bruck, chief lawyer of the
South Carolina Office of Appellate De-
fense, who represents many death row
inmates, — a.
Although Mr. Gaskins was an |
avowed racist who said he killed Mr.
Tyner in part because he was black,
death penalty experts inside and out-
side South Carolina contended that
race played little part in Mr. Gaskins’s
sentencing by a jury. The victim was
another inmate; any failure to impose
the death penalty for killing another
inmate would deprive the state of its
only meaningful deterrent to prison
killings. .
“AS a matter of State correctional

Continued on Page 11, Column 1

System to Lic
Needs Refc

WASHINGTON, Sep’

new radio frequen
ment to commerc——~

inside and outsir WZ c, S

the system fo:

broken dowr
Many of
political

WHITE'S EXECUTION
SIGNALS DISPARITY

'. “Continued From Page 1

policy they had to give death in this
case,”’. said Richard. Burr of the
NAACP Legal Defense and Education-
al Fund Inc. in New York. ‘‘If you’re
going to let the. families.of. murder
victims murder their murderers,
you’ve got a serious problem. The ra-.
cial combinations mean very little in
light of the kindof homicide it. was.”
According to a 1989 study by a sociol-
ogist at the University..of Florida,. of
15,978 executions in the United States
or-the American colonies: since 1608,
,, only 30 - that'is, one in every 533 —
« were of whites who killed blacks. Sev-
| eral of the instances involved the mur-
‘der of slaves “and were, therefore,
‘treated as economic crimes against
4 slaveholders. In many others, includ-
2 ing the 1944 Kansas case, the murderer
‘had long criminal records.
-| ° . Statistics on Slayings
' Since executions were resumed in
the: United States after’ a decade-long’
hiatus in 1977, 42 of the 153 people
executed have been blacks who killed
whites; none have been of whites who
killed blacks.
“The scandalous paucity of these
- cases, representing’ less than two-
tenths of 1 percent of known execu-
tions, lends further support to the evi-
dence that. the death penalty in this
country has been discriminatorily ap-
plied,’’ the sociologist, Michael Rado-
let; wrote.
Statistics 'show that more than 90
percent of murders in the United States
are intraracial -- that is, whites killing
whites or; blacks killing blacks. Statis-
tics from the Federal Bureau of Inves-
tigation suggest. that in the last three
years cases: in. which blacks killed
whites were about twice as common as
cases of whites killing blacks. _
That would mean that about 3 per-
cent of all murders in the United States
are whites killing blacks, far more than
the two-tenths of 1 percent of the execu-

up. He received 20 stitches te oe

fore his electrocut
rocuti
for release afterwards, «prepared a

80,” it stated. “Wh
, ere |’
e better than where | ’ve

what one death penalty opp

tions of whites who killed blacks.

Ins, who was execut-
South Carolina,

Donald Gaskj
yesterday in

Penalty. “There’
. Ss n .
brian on this lean
ponents of t ?
that a sidelight al tal penalty said

G
actually highlighted how profuse

Murrell’s |
'T, Cimo was Sentenced to cht 7

i ecaned after

' movie, ‘v, :
Slory engeance; The Tony Cimo

Mr. Bruck called
oh iBh-tech lynching. ple :
ere is Nothing ‘New South’

his is hard] entury ago.
oe y evid
Carolina is Protecting black pat South

r i
Gaskins Made no Statement be.

Onent called. |
Ctric chair.” |

—f-

Poster boy for the ele

S.C. Death-Row Inmates:

Send Us To Gulf Front

By JOHN MONK
Staff Writer

~ WASHINGTON — Convicted
killer Donald “Pee Wee” Gas-
kins says he and 25 other
inmates on South Carolina’s
death row want to fight in the
Persian Gulf war,

“We understand that there’s
a great chance that none of us
would - sur-
vive the war,
but in case
any of us
does all we
would’ ask
(is) that our
death sen-
tence be
changed to
‘LIFE,’ "’ said

a petition “
with 26 sig- Gaston
natures. It

was addressed to President
Bush and sent to The Observ-
er's Washington office.

Francis Archibald, S.C. pris-
Ons spokesman, said Gaskins’
idea sounded like the 1967

movie “The Dirty Dozen,” in
which convicted’ felons were
released to form a commando
unit to fight Nazis.

That's not likely to happen
now. S.C. law prohibits the
prison system. from freeing
inmates to let’ them join the
military, Archibald said.

John Blume, a Columbia law-
yer who represents Gaskins and
15 others among South Caroli-
na's 45 death-row inmates, said
the petition didn’t surprise him,

“The fact that People are
incarcerated doesn't ‘mean
their patriotism is at an end,”
said Blume. ie

Fifth Judicial Circuit prosecu-
tor Dick Harpootlian, who won
the death penalty for Gaskins in
a 1983 case, scoffed at the idea.
“There is an international law
against ‘Shipping hazardous
waste abroad,” he said.

Gaskins, 55, was convicted
of 10 killings. He. was sen-
tenced to death for killing fel-
low inmate Rudolph Tyner,

The White House “had no
comment. .

2[23/a,

—"

Charlotte, (NC) Observer.

oe Henry Gaskins:
Pe: pags mitted Killing 13 PeOP between
: we u- 4970 and 1975, f ath in th
a ot electric chair Friday for blow
or the rest © g up a fellow prisoner
a aarand i aes
° . ee” an alle crednec
thriller Charlie nson,”’ “a
‘hrysier master of trick y’? by
ae s and ctims:
N — In today’s emerg- amilies, W erving 10 life sen-
jal economy’ ee tences when he was yicted 0
,adonna 4 ad Stephen - King g of de ow in
share the are jo title. yne e
No, they re not colla poratin ng:

swe. . = =

_ Inmate slashes arms

before Slated execution

~. COLUMBIA, s.c. (AP) — in his cell. He told the officers _
Hours before his scheduled exe- that was the only blade he had

_ cution, a condemned serial killer swallowed, authorities said. .
Slashed his arms early Thursday

with a razor blade he had swal- Guards. discovered Gaskins
lowed a week ago, prison officials bleeding beneath his bed covers
said. when they brought his breakfast.

Donald “Pee Wee” Gaskins re- “He did it under the sheets,

ceived 20 Stitches for wounds he_ and never moved and never
inflicted to his Wrists and elbows, made a sound,” Ms. Zimmerman

Gaskins k wh h
Gaskins, who has confessed to are ‘ate, When :

killing 13 people, was scheduled 24ards found him, she said. “But
to die in the electric chair at 1 1¢ does not appear that he lost

a.m. today for the murder of a ©nough blood to alter his blood

14th victim. count. He is stable.” r
“We don’t know if he was try- Security was increased, al-
ing to kill himself or delay the though Gaskins already was un-

execution,” said Ms. Zimmerman. der 24-hour watch, Ms. Zimmer-
“He’s a very unpredictable, cun-: man said. At the time Gaskins
ning person.” cut himself, there were Six
“The execution wil] 00n,” she guards assigned to watch him,
added. She said. :

_ Gaskins told Corrections offi- Gaskins, 58, » Was’ given ‘the }
cers he swallowed the razor death’ Sentence for killing a fel- :
blade before being moved to the low inmate, Rudolph. Tyner, in
death house last Friday. He said 1982. Tyner ,
he coughed up. the blade early
Thursday, cut himself and then

Swallowed the blade again.

again ‘Thursdee a the blade WORLD WART | |

gave it to one of the two officers

ADVERTISER
Morty UL

GG
(Apt OTT 43 ;

PT eo eee eer

News ¢ Courier:

“He apparently” sliced “his” wrists

ae rday 7- ae 6~ 7 : hand arm when turning on the bed

GASKINS |
from Page 1-A > jini ty

hae yy

1:04 a.m., and turned off two min- |
utés later. He was pronounced dead —
at 1:10 a.m. ;

Gaskins, who balled his hands into. |.

fists and carried a tissue in one |

hand, jerked with the first jolt of ©
electricity. He relaxed a few sec-
onds later, witnesses said.
Gaskins was the 245th person to
_ be executed in South Carolina, and .
the;fourth to be killed since .the’
death penalty was reinstated in
1976,
Gaskins had survived an apparent
last-ditch attempt to kill himself or
delay his execution early Thursday
after cutting his wrists. tytn
“Would it really surprise you tha
he would try something like this. — |
to go out with some sort of*glory?” |
Corrections. Department: spokes- |
woman Robyn Zimmerman said. ::" [
About 3 a.m. Thursday, a nurse |
checked Gaskins in his‘cell in the |
death house and found him to be in «
good health. Two-corrections offi-.
cers sat outside the cell and watched |
Gaskins, who had a sheet and two
blankets over his body. He turned. ,
occasionally, pie, CMC Rarieg 4 Og

Three hours :
later, as his’
breakfast - was» '
, about to be.
‘served, offi-2:;
cials failed to™:
get a response .
from the multi- |

ple murderer. |
“They lifted up’ -
the sheets and *.
—— there was”
Gaskins blood every:
where,” Ms. Zimmerman said.

But they did not know how Gas-
kins had sliced his wrists and the '
inside of one of his arms.
Throughout the morning, they theo- |
rized he used his clipped fingernails |
or his teeth, but weren’t sure be- |
cause the wounds were so clean, she
said,

Gaskins was taken to the infir-
mary where he received 20 stitches
and was wheeled back to his cell,
where two corrections officers then
sat inside the cell watching him.

About 2 p.m. Thursday, Gaskins '

“swallowed it again: «i...

<“He ‘never moaned and never —

groaned,” she said, but: was weak
when guards: found him/3

*Gaskins told corrections officials. ||

late Thursday that he had been swal-.
lowing ‘and regurgitating items like |
razors for several years in prison. «
Security was increased, although
Gaskins already was under 24-hour
watch,’ Ms. Zimmerman said. A.

‘ nurse was available in cas¢ Gaskins

fainted or appeared to get ill... -
‘Gaskins spent most of the evening

“before the execution: with correc-: ~

tions chaplain Miké Brown. When
asked about his spiritual well-being, -
Corrections Commissioner Parker

| Evatt said a minister had told him:
. Gaskins was “saying all ‘the. right

things.” Roe Bia.
"Evatt said he visited’ Gaskins

- about 5 p.m. and gave him a handful

of freshly picked cotton balls from a
Darlington area farm. Evatt said he
told‘Gaskins, “I’ know, you used to
\play in the cotton fields of Florence.
when you were a little boy.”", ....
Gaskins, who smiled but never

spoké;.was lethargic and did not get

up when‘Evatt visited him, Ms. Zim- -
merman said. .~'- “in
_ Shortly after 10 p.m., however, his

: \moqd changed from somber to talk-

ativeé-~Ye told a corrections official
.he was a ting the fact that his
execution was Imminent. He said he
was.ready and ee ee in
undermy own power. I do

be helped,” ;
Lying on a cot in his cell, he remi-
nisced with prison guards, a social

: worker and a chaplain about his old

days as a boy in Florence County.
About the same time, the U.S. Su-
preme Court denied a two-track ap-
peal- from Gaskins’ attorneys, said’
Mark Elam, a chief legal counsel.to “
the governor.'The appeal had moved
from the federal 4th Circuit Court of

_ Appeals and the 8.C-Supreme Court.

_A:short time later,the U.S. Su-
preme Court voted, 8-1, to‘deny Gas-

kins’ final plea for a stay of |
‘execution. Justice Thurgood. Mar-

: Shall, who opposes capital punish- was taken to Richland Memorial
| ment in all circumstances, was the

lone dissenter.

‘after: coughing: up ‘the. razor, then

» The victims

‘

Here is'a list of Donald Henry
“Pee Wee” Gaskins’ victims:

® November 1970: Patricia
Ann Allsbrook, 17, and Janice
Kirby, 15, of Sumter.

@ March 1972: Martha Ann
Dicks, 20, of Sumter.

e' June 1973: Doreen Demp-
sey, 23, and Robin Michelle
Dempsey, 2, of Sumter.

..@ June 1974: Johnny E. Sell-
ers, 36, and Jesse Ruth Logan
Judy, of North Charleston.

@ February 1975: Silas Barn-
well Yates, 45, of Florence
County.

@ April 1975: Avery LeRoy
Howard, 35, and Diane Bellamy
Neely, 29, of North Charleston.

©.October 1975, Dennis Bel-
lamy, 28, of Charleston, and
John Henry Knight,.15, of North
Charleston. i eee

©; September 1982, Rudolph
Tyner, 24, of New York City. .

‘minutes and 13 seconds and include ~

a burst of 2,000 volts at five amps
for five seconds, followed by 1,000
volts at two amps for eight seconds,

followed by 250 volts for ‘two min-. °

utes.

antto ‘Power to the chair was set on an
.automatic cycle, and activated with: -

be push of an executioner’s button.
‘Three unidentified volunteers in an

jadjacent 11-by-12-foot room behind _
. !a one-way mirror positioned them-
selves next to red buttons ona small ©

‘Metal box. All three buttons were
jcapable of: sending. power to the
\electric chair, but-only one was ac-
tive for Gaskins’ execution. None of
. the three knew which one. Each was
paid $50 for his work. -

The chair had been tested more
than 20 times in recent days.

A hearse waiting at the rear of the
death house received the body. It

Hospital, where an autopsy will be

‘performed. The body then will be

By 12:20 a.m., Gaskins had not iturned over to Gaskins’ family.

_Made an appeal to Gov. Carroll A. '
|Campbell.The governor refused a
| request for clemency last year when

turned to one of the officers andsaid | Ronald “Rusty”:Woomer was ex-

he would give him something. “He
took his hands and pressed his ster-'
num and coughed four or five
times,” Ms. Zimmerman said. “He
appeared to be vomiting.”

She said an officer then found an |
old-fashioned Schick injectable
single-edge razor blade in his mouth. |
Gaskins is believed to have swal- |
lowed the razor last week before he |

was moved to the death house. She -;.

added that guards: watching him :
early Thursday did not. notice any- :
thing wrong with Gaskins because of
the sheets and blankets.

ecuted April 26, 1990. Gaskins was
the last death row inmate. with
whom Woomer shook hands before
he died. trl faa

J Gaskins and Woomer both upheld |
| the death row tradition, of ordering i

Ms. Zimmerman said corrections

officials were unaware of funeral .-

arrangements, but said
has discussed cremation.

A chaplain waited in the wings,
ready to assure Gaskins of God’s
eternal decree of unconditional ac-
ceptance of all who seek his mercy.

A Charleston clergyman said
there are passages in the Bible

the family

pizza as a last meal, but Gaskins did suited for such occasions. The chap-
not eat. He drank coffee during the’ lain would be ready to assure Gas-

night. ; ’
The electrocution was to last two.

kins that God’s judgment is distinct
and apart from the dictates of a
_ State that condemns a murderer to

death, he said.

A Mount Pleasant minister said

‘that among the final words’ to'Gas-
‘kins assuredly would be:“For God so
; loved the world :.. that’ whosoever

believeth ...”

> WEATHER: Partly coud with a 20 percent chance of rain. Highs near 90. Lows around 70. Details, 2-A.

FRIDAY, September 6, 1991

4
ON S Ser 5 2
-

“Supporters,

opponents

of penalty maintain vigil

By ANDY BRACK
Of the Post-Courier staff 23

_ COLUMBIA — Jackie Hughes had
- Pee: Wee Gaskins on her mind, off

_ and on, for 16 years, ~
_ “Pye just watched the case over
the years,” said Ms. Hughes, who
«<j worked at the North Charleston Po-
r-ilice Department when two detec-
5 tives there broke the Gaskins case in

eG 1975. e

S “T didn’t know him personally, I
don’t know if I knew any of his vic-
tims, but working at the police de-
EN eat pues I knew the two detectives
-» and I knew some of the other people

when they started looking for the
graves.”

Ms. Hughes was among a few
dozen death penalty supporters who
crowded on a grassy slope outside
the prison gates early today. Across
the street, only a handful of protest-
ers huddled in near silence. .

“He don’t need to be fried,” said
24-year-old Raymond Hill of Colum-
bia. “Just give him a couplé more
years in prison.”

A Columbia woman who wouldn’t
identify herself added, “I think this
is fairly senseless. I don’t know what

Please see VIGIL, Page 11-A

Average 28

Death Penalty i in
‘South Carolina

Race and gender -

breakdown

White
Black. -

Male
Female

Age sine
Youngest 14
‘Oldest. -- 66

Charges
* Murder
Rape

Assault with intent to ravish — 27
Conspiracy and murder: 2
Accessory before the fact. :
‘ofmurder — ~ 2

Years

Executions :
1912-19202 =:

- 1921-1930. :

1931-1940
1941-1950.
1951-1960

1961-1962 Se

Post-Courier Graphic by David Abbey

25 cents

saskins goes tc to the chair

Swallowed razor led

By STEVE MULLINS
Of the Post-Courier staff

COLUMBIA — Donald Henry
“Pee Wee” Gaskins, the most notori-
ous mass murderer in South Caro-
lina history, died today in the state’s
electric chair after surviving an ap-
parent attempt to kill himself or de-
lay his execution.

Gaskins, given a chance for a final
statement moments before his ex-
ecution, said, “I will let my attor-

neys make all the statements for:

me.”
Gaskins made his final walk just
before 1 a.m. from an 8-by-11-foot

to foiled suicide try

death house cell, down a wide corri-
dor to a 16-by-20-foot execution
chamber.

He entered the chamber at 12:58
a.m. under his own power.

Once there, the diminutive mur-
derer’s head was covered with a
leather hood and he was strapped
tightly in an old oak electric chair
made for bigger men.

As three people were putting on
the leather straps before the execu-
tion, Gaskins said, “Oh, you’re going
to tear my arm off with that thing.”

The electricity was turned on at

Please see GASKINS, Page 13-A

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AP Laserphoto

‘STracy Burkett, a student at the University of South Carolina, par-
<ticipates in a candlelight vigil at the S.C. Governor’s Mansion

‘kins. ©

‘VIGIL

‘Sfrom Page 1-A

. .

= )-A man with her criticized the sup-

“Yporters, who, were flanked by brigh

‘television lights. °° a

~ “We're not here to be part of:a
Jeircus.2 3. | ie

= About’ 60 opponents of the death

wpenalty attended a non-.
- “denominational religious service at

-*a church north of downtown Colum-
‘tbia Thursday: night. A similar ‘ser-
‘vice was held in Charleston.

i” Meanwhile.at the prison,

“ypassengers in a couple of cars that
-tdrove past the prison administration
‘tbuilding shouted, “Die, Pee Wee,
*.die.”
“near, more than 200 death-penalty
‘supporters gathered in ‘an atmos-
“phere that grew more and more fes-
tive. . ate ‘
. “He should die, die, die,” said
“20-year-old Tonya Ulak of West Co-
-lumbia. “He killed all those people
tand anybody who killed another per-

~ As the hour of the execution grew -

‘SThursday night for condemned murderer Donald ‘Pee Wee’ Gas-

son should die.”

' “The people he killed — their fam-
ilies — have to live with that the rest
of their lives,” she said.

A 27-year-old Lexington man
waited to see a hearse with Gaskins’
body inside leave the prison gates.

“What he done to them (victims),
they can’t do to him. So what the
state is doing to him, he deserves 100
percent.”

Roy Dantzler of West Columbia
said he saw Gaskins twice a week as
librarian for a year at Central Cor-
rectional Institution.. He said the
death of a 2-year-old. child, one of
Gaskins’ victims, dgew him to a
“grassy field outside thé prison gates.
\yMIt’s a: 2-year-old child that
‘couldn’t hardly speak. Why did he

put her to death? Here’s a man who
can speak for himself.”

Dantzler added that Gaskins
likely would laugh in the face of
death.

_ “If you was to talk to him tonight,

I believe he would laugh about all

the murders he committed. They’re

nothing to him.”

—The News and Courier, Charleston, S.C., Friday, September 6, 1991

On August 3, 1983, Donald “Pee
Wee” Gaskins, South Carolina’s most
notorious mass murderer, is expected to
be strapped down to that state’s electric
chair. However, many of the local peo-
ple believe he will avoid execution the
Same way he avoided the death penalty
years before. '

‘They won’t electrocute him—he’ll
come up with some more bodies and tell
them where they are and save his ite, *
said one citizen.

Gaskins’ death penalty is not for any

_ Of the nine murders he committed on the
law-abiding citizens of South Caroli-
na—he is serving ten life sentences for
those crimes (one for burglary)—but
rather for the September 12th prison
bombing of death row inmate Rudolph
Tyner. Ironically, Gaskins would have.
been up for parole in 1985. ©

Pee Wee, who stands five feet two

PwsIDE DETECT E | Aptostl FED / Ae SO

inches tall, first came to the attention of _

law enforcement authorities during a
1975 police investigation into the dis-
appearance of 13-year-old Kim Ghelkins
(“‘All Pee Wee Ever Planted was Dead

Bodies!’” INSIDE, April 1978). Her

body was found a year later in a shallow
grave on land where Gaskins once lived.
Some of the murders he was either con-
victed of or admitted to were: the stab-
bing death of Barnwell Yates; the 1975
murder of Dennis Bellamy; and the 1973
drowning deaths of Doreen Geddings
and her two-year-old daughter, Robin.
According to sources, Gaskins was

hired by the son of one of Tyner’s vic-

tims to kill the inmate. Somehow, Gas-
kins constructed a bomb made of plastic

explosives, put it in a radio and then set:
_the bomb off from his cell when Tyner

was alone.

_ really think so. Put it this way: I certainly}

}

Throughout the trial, Gaskins denied |
his guilt. However, one prisoner testi- ;
fied that he saw Pee Wee pull an electric-
al cord out of a grating just after the
bomb exploded. The prosecution also §
Claimed that there were tapes made by j
Gaskins of phone conversations relating |
to the bombing conspiracy. 4
When Florence County Sheriff Wil-;
liam Barnes was asked if Gaskins might §
be able to provide him with more murder
sites, he replied, “‘I don’t really think so. 4
Of course, there could be, but I don’t}

hope there aren’t any more.’’ @;
Editor’s Note: The above. information:

was provided by Madeline S. Dukes of}
Lake City, South Carolina. "i

9 saquiaydes ‘Aepiig “O'S ‘UO}SOLEUD ‘20fsNOD puv sMaN PUL

W-It—166 '

-—-y-

Electric chair most
humane, expert says

Associated Press

COLUMBIA — More states are
turning to lethal injection as a
method of execution these days, but
an expert says electrocution is the
most humane form of capital pun-
ishment.

Fred A. Leuchter, a Boston con-
sultant who constructs capital
punishment equipment for correc-
tions departments around the coun-
try, deals in gas chambers, electric
chairs, lethal injection facilities and
even gallows.

He said the electric chair is capa-
ble of dealing death without pain, se-
vere trauma to the body or a
gruesome spectacle for those who
witness it — if used properly. But
poor equipment or training can re-
sult in disaster, he said.

State Department of Corrections
Commissioner Parker Evatt ex-
pressed confidence in the state’s
ability to mete out capital punish-
ment with dignity.

“Our system is, I think, a fail-
proof system,” Evatt said. Donald
“Pee Wee” Gaskins was scheduled
to be electrocuted at 1 a.m. Friday.

Legislation to switch South Caro-
lina’s execution system to lethal in-
jection. or offer it as an option in
South Carolina were last introduced
in the House and Senate in 1985. The
bills never passed.

Although equally painless, lethal
injection can involve a wait of more
than an hour. During that time an
inmate is fed saline solution intrave-
nously to ensure there is no coagula-
tion of the blood, Leuchter said.

Gas chambers are expensive,

costing about $330,000 due to the

safety systems necessary to ensure
no leak threatens the prison officials
and witnesses, Leuchter said.

Hanging, allowed by four states,

| involves pain when the spinal cord

snaps, sending the inmate into medi-
cal shock where he dies after four to
eight minutes of strangulation,
Leuchter said.

“I would~ prefer to be electro-
cuted,” Leuchter said, adding that
“in no more than a minute you’ve
been hit by the voltage and you’re
dead.”

Things, however, can go horribly
wrong, inflicting torture on the con-

demned inmate and mutilating his
body.

Leuchter cited the 1990 execution
in Florida of Jesse Joseph Tafero.
Witnesses saw flames and smoke
erupting from the head of Tafero,
who died only after repeated jolts of
electricity.

He said Florida has a “horren-'

dous” system.

The state has unwittingly “tor-
tured several people to death” in
executions, he said.

Done improperly or with faulty
equipment, executioners risk
bringing the inmate back to life.

Successive jolts, if less than 2,000
volts, could restart the heart much
as an emergency room doctor does
with shock paddles, he explained.

“That’s to be avoided because you
could wind up with a human vegeta-
ble sitting in the chair — someone
who you’ve destroyed his brain but
you still have to deal with the fact
he has a functioning heart,” Leuch-
ter explained.

Evatt said all parts of South Caro-
lina’s executions are rehearsed
including strapping a correctional
officer to the oak chair and carrying
him out of the electrocution cham-
ber afterward.

Electrical current is delivered by
an electrode attached to the top of
the headpiece and travels through
the body to another electrode at-
tached at the ankle, according to
prison officials.

South Carolina’s electric chair ad-
ministers 2,000 volts at five amps
for five seconds, followed by 1,000
volts at two amps for eight seconds,
followed by about 250 volts for two
minutes, Evatt said.

The inmate, according to Leuch-
ter, is unconscious one-1,240th of a
second after the first jolt of electric-
ity. That is far quicker than the hu-
man body can register pain.

The first jolt is designed to disable

‘or.totally destroy the central ner-

vous system, he explained. Ad-
renalin, which could jump start the
heart, is allowed to dissipate into the
blood during a brief pause, he said.

A second jolt of at least 2,000 volts
should then be administered to en-
sure that the individual is “heart
dead,” he said.

1) Saree

ee ee ewe eee

self-preservation. But as the clock
ticked slowly toward 1 a.m., it be-
came clear Gaskins’ luck finally had
run out.

With a reputation as a “Boss
Hogg,” loan shark, sandwich vendor
and quartermaster on death row,
Gaskins was serving 10 life sen-
tences for 13 previous murders
when he hired himself out in 1982 to
kill fellow inmate Rudolph Tyner
with a homemade bomb.

He committed the murder for
Tony Cimo of Murrells Inlet, whose
mother and stepfather had been
killed by Tyner during a conven-
ience store robbery. Cimo was frus-
trated with the slow pace of Tyner’s
appeals.

Evatt said Gaskins had not earned
the reputation attributed to him in
the media. “Anybody on death row
could have taken him out anytime.
He was just the guy that did things
for everybody there. He was no big
boss.”

An optimist nearly to the end,
Gaskins expressed his belief in inter-
views after Tyner was killed that he
would never be convicted of the
crime. In fact, he told the Post-
Courier months after the murder
that he expected soon to be granted
work release from prison, and even-

ws ee

The Evening Post, Charleston, S.C., Friday, September 6, 1991—5-A

tually paroled, despite his previous
convictions.

Although it was for Tyner’s killing
that a jury sentenced him to death,
Gaskins had contended that his fate
was sealed when the Tyner jury
learned of the previous murder
cases. From 1970 to 1975, Gaskins
drowned a 2-year-old and her preg-
nant mother, killed a businessman in
a murder-for-hire scheme, and
stabbed and shot several men,
women and teen-agers, some rel-
atives, some for reasons that may
never be known.

He buried each of his victims in
shallow graves in woods near the
community of Prospect in the heart
of the state’s tobacco belt.

A jury sentenced him to die for
one of the slayings. But the sentence
was tossed out when the state’s
death penalty was ruled unconstitu-
tional.

Despite his size — 5 feet 6 and 155
pounds — Gaskins was well adapted
to a life behind bars when he was
hired to murder Tyner.

Gaskins, who was white, said he
agreed to kill Tyner because Tyner
was black. He said his desire to keep
the races separate was behind some
of the previous killings. He drowned
a white woman who was pregnant

with a baby fathered by a black
man. He also drowned the woman’s
2-year-old daughter, whose father
also was black. Some law en-
forcement officials who grew close
to Gaskins say racism was only part
of the reason for these killings.

The pregnant woman and her
daughter were staying at the Gas-
kins family house, which was getting
too crowded, they say, so he decided
to thin out the population.

Most of his murders seemed casu-
ally committed. State Law En-
forcement Division agent Michael
Whatley, who knew Gaskins well,
said he “would talk about killing like,
you might talk about taking a vaca-,
tion. He had no conscience whatso-
ever. Killing was an everyday,
occurrence.”

Despite the seeming ease and lack:
of remorse with which he killed,’
Gaskins was known for clinging te-
naciously to his own life. In a recent
interview, he called electrocution
“one of the most malicious, most
cold-bloodest, premeditatest mur-
ders that there is.”

Andy Brack of the Post-Courier staff and
bie Associated Press also contributed to this
story.

“LEBEL ‘9 4eQuiajdag ‘Aepiy ‘9's ‘uojseeUD “ysog Burweag ey

Gaskins’ Execution Draws

Opposing Sides For Vigil

By ANDY BRACK
‘Of the Post-Courier staff

COLUMBIA — Jackie Hughes had
“Pee Wee” Gaskins on her mind, off
and on, for 16 years. —
. “Pve just watched the case over
;the years,” said Ms. Hughes, who
- worked at the North Charleston Po-
-lice Department when two detec-
tives there broke the Gaskins case in
1975.
» “TY didn’t know him personally, I

; don’t know if I knew any of his vic-
tims, but working at the police de-
‘partment I knew the two detectives

and I knew some of the other people

when they started looking for the
'. raves.”

Ms. Hughes: was among a few

“dozen death penalty supporters who
', crowded on a. grassy slope outside

- the prison gates early today. Across

¢ the street, only a handful of protest-

“ers huddled i in near silence.
. “He don’t need to be fried,” said
~ 24-year-old Raymond Hill of Colum-

“bia. “Just give him a couple more

“years in prison.”

* A Columbia woman who wouldn’t
‘identify herself added, “I think this

».is fairly senseless. I don’t know what

~\good this is going to do.”

* Aman with her criticized the sup-

«porters, who were flanked by ig
“television lights.

»\ “We’ re not here to be part.of a

circus.”
+ About 60 opponents of the death

*'penalty attended a non-denomi-
national. religious service at a
Yehurch north of downtown Columbia

‘Thursday night. A similar service
_ was held in Charleston.
oo u Meanwhile at the prison, passen-

‘gers in a couple of cars that drove
“past the prison administration
building shouted, “Die, Pee Wee,
» die.”

: As the hour of execution grew
near, more than 200 death-penalty
~ supporters gathered in an atmos-

« phere that grew more and more fes-
‘tive.
vr "He should die, die, die,” said
20-year-old Tonya Ulak of West Co-

_The Victims |

Here is a list of Donald Henry
“Pee Wee” Gaskins’ victims:

@ November 1970: Patricia
Ann Allsbrook, 17, and Janice
Kirby, 15, of Sumter.

@- March 1972: Martha Ann
Dicks, 20, of Sumter. _

@ June 1973: Doreen Demp-
sey,.23, and Robin Michelle
Dempsey, 2, of Sumter.

@ June 1974: Johnny E. Sell-
ers, 36, and Jesse Ruth Logan
Judy, 22, of North Charleston.

«.@ April 1975: Avery LeRoy
» Howard, 35, and Diane Bellamy
Neely, 29, of North Charleston.

/ @ September 1975, Kim Ghel-
kins, 13, of North Charleston.

@ September 1982, Rudolph

Tyner, 24, of New York City.

lumbia. “He killed all those people
and anybody who killed another per-
son should die.”

“The people he killed — their fam-
ilies — have to live with that the rest
of their lives,” she said.

A 27-year-old Lexington man

‘waited to see a hearse with Gaskins’

body inside leave the prison gates.

“What he done to them (victims),
they can’t do to him. So what the
state is doing to him, he deserves 100
percent.”

Roy Dantzler of West Columbia
said he saw Gaskins twice a week
as librarian for a year at Central
Correctional Institution. He said
the death of a 2-year-old child,
one of Gaskins’ victims, drew him to
a grassy field outside the prison
gates.

“It’s a 2-year-old child that
couldn’t hardly speak. Why did he
put her to death? Here’s a man who
can speak for himself.”

€

Me)

iad
2

en l \ — fiemntereny

-Courier Assistant Managing: -

was one o
onald H.

.- Editor’s note: Post
- Editor. Steve Mullins

f. seven witnesses =<. -
“Pee Wee’ Gaskins. -
* eS ; PRetnges xt

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4-A—The Evening Post, Charleston, S.C., Friday, September 6, 1991

WITNESS -

from Page 1-A a
Gaskins, in fresh, new blue denim

&
i
page

prison clothes and white sneakers, .
had walked briskly from the door to .

the oak chair in the middle of the
room. He sat down as if in a dentist’s

chair, seeming not to object too .

much, but not to like the idea at all,
He had a “this has to be done” ex-
pression on his face. a GaN
He sat as tall as he could with his
chest out, taking quick, halting

breaths, and watching the move- |
ment around him with a blank face. .
Except for the murmur of the war- .

den on the phone, not a word was
said. \ att
Ninety-six inches from Gaskins’

chair, on the witness side of a huge.

window reinforced with steel bars, a
young woman sobbed and pressed
her face and fist against the glass.
Kelly Branham, a lawyer with the
S.C. Death Penalty Resource Center,
was the only one of seven witnesses
that Gaskins looked at. He had per-

« Sonally selected her as his choice to
. Witness his death; . . yk
«He nodded to her, half smiling. He —

winked, and, as she cried, he

mouthed the words, “It’s all right.”
Then he jerked and winced. “Tear
my arm off, there,” he said angrily
to one of the three men tightening
the straps. The strap-tightener went
on with his job as if he didn’t hear. ~

The man with the wires went to
work, connecting cords to Gaskins’
right leg, a ground wire, He placed
a bowl of a cap on Gaskins’ head. It
looked like a World War I helmet
that was too small.

Warden George Martin ap-
proached Gaskins with a micro-
phone. “Do you have a final
statement?” ke

No, said Gaskins, deferring to his
lawyers and a time when he would
be gone.

Ms. Branham pressed hard
against the pane. Gaskins fixed his
eyes on her, his face painted with a
sad, strained smile.

From somewhere came a, hand

with a towel to dry his face, and then

» there came a hood, and Gaskins sat

quietly, unable to see. It was embar-
rassing to continue looking on. Seven
of the 10 left the room. The young
lawyer among them, John Blume,

thumped his fist on the wall as he
‘walked out through the blue door.

_, Gaskins’ stomach was pushed out

by..the tightness of the chest and

waist straps. His fists were
clenched. Ms. Branham turned her
back to the window and never looked

again.

Not 10 seconds after the blue door
closed, there was the loud click of a
circuit coming to life. Gaskins’ chest
heaved up, falling more than two
minutes later.

The doctors went to work, one at |

a time, with their stethoscopes.

“The sentence in the case of Mr.
Gaskins was carried out at 1:10
a.m.,” the warden announced.
“Please exit at the rear.”

A young woman who sat beside
me in the witness room said later
that Gaskins had seemed to have

—

“nervous eyes.” But all I had seen in

them was something between resig-

nation and emptiness.

Another witness noted Gaskins’
appearance, shaved bald and wear-
ing a thick gray moustache. “He
looked like he could have been some-
body’s kindly old grandfather.” But
all I had seen was the broken-down
old killer I had interviewed through
the years whenever he thought a
story could do him some good.

Another witness remembered how
Gaskins “squirmed a little being
strapped down,” and another said,
“He took it like a man.” That agi-
tated me for a reason I can’t ex-
plain, and made me remember

. hearing how his 14 victims “took it.”

Several said they wondered what
the state’s most notorious murderer
was thinking about for that endless
minute or two under the mask, just
before the “click.”

Looking into his face as the mask
went on, I had an idea that his
thoughts were the same as mine:

: Please, just let this be over with.

eed PRO we

—~ te et et

Adams refused to stop flooding his cell, Gaskins
came to the door with lighter fluid and a match.
He shot some of the fluid onto the pools of water
in Adams’s cell and tossed in a lit match.

“See there, it will even burn in water,” he told
the terrified inmate, who got the message and
never again flooded the cell.

After Tyner was murdered, Gaskins’s repu-
tation alone might have been enough to make
him a suspect. But the man with the motive

cus on was Cimo. The Murrells Inlet bricklayer had
imself endured Tyner’s murder trial, reliving his
utation parents’ deaths, only to see the conviction
in eye, overturned on appeal. Tyner was convicted
ce. He a second time and again sentenced to die.
Ss were The appeals process had started all over
ipreme again. Cimo started looking for a killer to
tution- kill the killer—and like most honest peo-
ple who are unskilled at doing wrong, he
* states left a trail that led back to him.
ret the Cimo had looked in the rowdiest
who'd places he could find along the beach for
pared. someone with connections behind the
s killer walls of CCI in hopes of finding a way to
Tyner : kill Tyner. He eventually found a parolee
' "ae ie ae S \ oe who contacted a friend on the inside. The
visitor a Wee ; oe friend in turn talked to a long-termer
ig. an- . 7 ~ >a Pi ee, N named Gerald “Pop” McCormick, who
iaskins . ‘ FF a said he doubted it was possible to get to a
voded, ‘ death row prisoner because the solitary cells
reeded were isolated and so well guarded, but that
or Vi0- he would ask a better authority than himself.
in his The better authority was Pee Wee Gask-
ins, who was intrigued with the notion of
ays as pulling off a murder on the Row. It didn’t
ilt and take him long to get in touch with Cimo,
952 in who was willing to pay for a successful hit
called on Tyner.
ner in- Gaskins suggested poison. Cimo, who had
of the read that oleander leaves can kill a child who
ing his 7 , €ats them, boiled some and mailed the
sat on residue to Gaskins, who secretly put it on
i . j Tyner’s food. Tyner got sick, but didn’t die.
ss last Se a In his posthumously published memoir,
en car- . * es ae i Gaskins declares that he tried five times to
j a ¥ . poison Tyner. Cimo sent poisons he swore
ultiple Ts my | would kill a horse, concealing them in the
\timate ie false bottoms of candy boxes. Gaskins says
luding PY that he put some in a reefer, which Tyner
is own smoked. Far from dead, he sent Gaskins a
to oth- scrawled thank-you note which ended, “Now
Or Sex. get me some horse.”
im. He a Gaskins tried poison-laced heroin. He poi*
f “new soned ketchup and slathered it on Tyner’s fa-
or un- vorite snack, Vienna sausages. He tried poison-
0k his ing Tyner’s iced tea. Tyner got sick, but he
s feud- didn’t die.
it Out a Very Different Men: Cimo, seen Getting the items into Tyner’s cell was no
vipe. above with a portrait of his deceased parents, problem. Gaskins had only to have them delivered
n. and and Gaskins, leading officers to his ‘human by inmates with trusty status. Or he could get into
Ivester dumpsites the cell himself by claiming he'd received a report
\EBEAT NOVEMBER 1992

of water dripping from there to the tier below. As
insurance, Gaskins sabotaged the plumbing. then
repaired it with a weak layer of sealant that was
Sure to give way. And after Gaskins slipped some
marijuana under Tyner's mattress during a mainte-
nance trip to the man’s cell. Tyner predictably
started plugging his own toilet and reporting other
problems that needed fixing.

When the poison Cimo sent didn’t work. Gask-
ins asked for explosives. Cimo agreed to send
some, but he didn’t work fast enough. Gaskins got
some on his own. Although Cimo had arranged
for Tyner’s death, the actual event came as a sur-
prise to him. He hadn’t yet obtained the C-4 ex-
plosives Gaskins had requested and had no idea
where the inmate had gotten some.

The only detail to emerge at Gaskins's trial was
that he had rigged a plastic cup to look like a
walkie-talkie and had had it delivered to Tyner’s
cell by a trusty. The source of the explosives re-
mained a mystery.

Gaskins tape-recorded his own version a few
weeks before his execution, with the stipulation
that none of his autobiography be made public un-
til after he was dead. It was published in June.

His version was a grim one. The unsuspecting
Tyner,—who, Gaskins said, “wasn't no brighter
than he looked, which was crossed between an
ape and an eggplant”—had come to look forward
to Gaskins’s visits and gifts of food or drugs. He
was elated when Gaskins told him he'd figured out
how to rig up an intercom system between their
cells.

“That afternoon I took the rolled-up wire out of

a tool kit and told him I had come up with an idea:
We could push this wire into the duct. and 1 would
get the other end when I got back to my cell, and
then I would rig up a kind of homemade telephone
for us—one like the kind boys use to make with
tin cans and string, except that we could use plas-
tic cups from the mess hall, and I would make a
little speaker to go in the bottom of them, so the
sound would be real clear. And from then on we
could talk to each other all we wanted.

“I wasn’t sure he would believe me, but he took
everything I said for truth and smiled real happy
and said he thought it was a truly great idea.

“T told him I would send him the plastic cup
with the speaker in it, then I kidded with him and
said for him not to fuck up and put no coffee in
that cup, and he laughed. Then I said that when he
got the cup he was to look inside and he would see
the speaker-cloth at the bottom of the cup, and just
above it would be writ the time I planned to test it.
to make sure it worked right.

“I told him that when he got the cup, | wanted
him to take the two wires that run from his cell to
mine and hook them to the two screws on the bot-
tom of the cup, then wait, and at exactly the test
time he was to pick up the cup and speak real
clear and say, ‘This is Tyner, over to you.” Then

Photos:B. Hecht/The State Newspaper (top); V. Tutte/The State Newspaper

Sees SSS

Photos: The State Newspaper

cf At my trial | got to see pictures of Tyner’s body
and his cell and there was bits and pieces of him
stuck all over the walls and ceiling and floor.

he was to put the cup up to his ear and listen for
my answer.”

According to Gaskins, they synchronized
watches, and he left. The next day, he said, he had
another inmate deliver to Tyner the plastic cup as
promised. At the designated time, Tyner delivered
his message and put the cup to his ear for Gaskin-
s's answer.

On the other side of the wall, Gaskins plugged
his end of the wire into the electrical outlet in his
cell.

“Guards was running all over the place. I
couldn’t get onto the Row to see things for myself,
but at my trial I got to see pictures of Tyner’s body
and his cell, and there was bits and pieces of
him stuck all over the walls and ceiling and
floor.

“Now Tyner was truly one dead nig-
ger—that was for damn sure.

“And the last he heard through that
speaker-cup before it blew his head off was
me laughing.”

What never came out at the trial was
how Gaskins had obtained all he
needed to pull off

the explosion.

According to him, the contraband was delivered
from three sources in separate shipments to three
different inmates. The wire was wrapped in plastic
tape and threaded inconspicuously around the
cones of speakers in a boom box. Gaskins said that
radios and tape players were routinely searched for
contraband, but that the wire appeared, as he had
hoped it would, as if it belonged. The electric
screw connectors and plugs came into the prison
inside packs of cigarettes, Gaskins said. And the
C-4 explosive was packed inside hollowed-out
heels of a pair of boots.

Gaskins also claimed that one or more prison
officials, whom he did not name, got paid to look

Victims: Jessie :Ruth Judy (top),

stabbed to death; Doreen

Dempsey (right), killed at 23,

and her daughter Robin (lef),

raped and strangled; not

enough to put Pee Wee
into the chair.

the other way.

Eventually, Gaskins and four others, including
Cimo, were charged in the death row slaying, but
only Gaskins faced the death penalty if convicted.
Inmate Pop McCormick, then 48, of Myrtle
Beach, pleaded guilty to conspiracy and was sen-
tenced to five years for recruiting a hit man; in-
mate John Martin, then 42, of Conway, pleaded
guilty to conspiracy and was sentenced to three
years. It was Martin who'd first asked McCormick
if a murder could be pulled off on death row.
James Donald Cooper, then 36, of Murrells Inlet,
pleaded guilty to conspiracy. He was sentenced to
five years probation for helping Cimo make con-
nections at CCI.

Tony Cimo himself, then 36, was charged as
an accessory before the fact of murder and con-
spiracy to commit murder. He pleaded guilty to
lesser charges that boiled down to helping
someone else commit a crime. Sentenced to
eight years, he served three, mostly on work re-
lease, and was paroled in 1986, a folk

hero to many who

Ww
out ad
Pee
die. H:
could
walkin
the kil
fore, c
he had
chair r
would
state w
makes!
ed wh
claime
The
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going,
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Tony (
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“Lama

> Pee W
: punish
monste

NOVE

AEBEAT NOVEMBER 1992 45

Photos {overleaf}:The Stale Newspaper (Gaskins & Cimo}

64 He planned to use the tapes to blackmail Cimo, then
make them public anyway, ‘to make sure | got credit for
the onliest death row murder ever done anywhere.’ yy)

But he resented like hell getting executed for
killing another killer.

The murder of Rudolph Tyner in solitary con-
finement on heavily guarded death row had been a
challenge and, the way Gaskins figured it, one of
the few public services he'd ever performed.

It was messy, but quicker and cheaper than the
state might have managed if Tyner had lived to ex-
haust his appeals.

Tyner had killed the owners of a mom and pop
grocery store at Murrell’s Inlet during a robbery in
1978 to get drug money from the till. In 1982, as
the courts continued to wrangle over Tyner’s death
sentence, serial killer Pee Wee Gaskins carried it
oul.

Gaskins would, in turn, be executed for the only
murder he'd ever committed that might have
smacked of justice. It was an irony even he might
have appreciated—if he hadn't been so irritated.

But the irritation didn't show just after midnight
on September 6, 1991, when he walked calmly to
the electric chair and announced, “I’m ready to
gO.

If the explosion that obliterated Rudolph Tyner
hadn't been so loud, someone might have noticed
laughter on the other side of the concrete wall that
separated Tyner’s cell from Gaskins's. But offi-
cials at South Carolina’s Central Correctional In-
stitution were too busy collecting pieces of Tyner
and trying to figure what had blasted him off a toi-
let seat and into Kingdom Come.

They first thought a booby-trapped radio had
blown up when Tyner put it to his ear. Or perhaps
Tyner himself had been making a bomb.

Whatever it was that had happened, at 24
Rudolph Tyner was history.

The device later recovered from Tyner’s cell
looked like a radio speaker packed with contra-
band explosives. The odor of sulfur hung in the
air, and blood dripped through a grating in the
floor to a guard station below.

What no one saw was a snippet of wire slipping
through the ductwork that ran between death row
and the middle tier of Cell Block Two, which
housed “workouts”—inmates with prison jobs.
Among them was Gaskins, who was known for
more than murder. He was an all-round handyman

Previous Spread: from left, Pee Wee Gaskins,
Rudoloh Tyner, and Tony Cimo

who could fix almost anything.

That day in 1982, Gaskins rolled up the wire he
had just pulled out of the wall and hid it under his
mattress. Then he strolled out on the tier—the
walkway in front of the cells—where milling in-
mates were wondering what had happened on the
other side of the wall. When he could do it without
being overheard, Gaskins telephoned Tony Cimo,
the son of Tyner’s victims, and told him that the
shotgun murder of his parents, grocery store own-
ers Bill and Myrtle Moon, was avenged.

It was not a rare humanitarian act on Gaskins’s
part. Cimo owed him some money. He had
promised to pay for Tyner’s demise and an effec-
tive end to the legal maneuvers that had forced his
family to relive their worst nightmare.

Gaskins wasn’t worried about getting caught.
After all, law enforcement had never really solved
any of the 15 murders actually credited to him.
Those killings never would have been discovered
if someone who knew about Gaskins’s “private
cemetery” hadn’t gotten religion and consulted a
preacher, who told him to talk. But those grisly
shallow graves in the woods held only the remains
of Gaskins’s “serious murder” victims—mainly
people he knew who simply got in his way or did
him wrong.

Not all of those ever were found. And no one
yet knew about the strangers Gaskins would later
admit he had killed to satisfy what he called a
“bothersomeness” that would not go away until he
had “pleasured” himself with sadistic sex, canni-
balism, torture, and murder.

A handful of people knew that Gaskins had a
contract on Rudolph Tyner, but he doubted that
they’d tell. Even if they did, he’d tape recorded his
telephone conversations with Cimo as insurance.

But in a published memoir taped before his exe-
cution, Gaskins said he really believed he could
eventually escape from CCI. When the day came,
he planned to use the tapes to blackmail Cimo, us-
ing the proceeds to get out of the country. Then
he’d make them public anyway “to make sure I
got credit for the onliest death row murder that’s
ever been done anywhere.”

Those plans backfired. After the stench of the
explosion dissipated, rumors wafted through the
prison that Tyner had been murdered. Some in-
mates who'd played supporting roles in the grim
drama began to fear that they’d get caught. and
they started making deals.

It didn’t take long for investigators to focus on
Gaskins, who had once lived on death row himself
and knew how it operated. Despite his reputation
for killing prolifically and without batting an eye,
Gaskins was no longer under a death sentence. He
was among the condemned whose sentences were
commuted to life in 1973, when the U.S. Supreme
Court declared capital punishment unconstitution-
al as it was then practiced in most states.

Although South Carolina and many other states
eventually enacted new death statutes that met the
high court’s standards, inmates like Gaskins who'd
been sentenced under the old law were spared.
That’s why South Carolina's most notorious killer
was not on death row himself in 1982 when Tyner
was killed.

But Gaskins was nonetheless a frequent visitor
on the Row, because CCI was a moldering, an-
cient prison in disrepair. As a handyman, Gaskins
moved all over CCI, wherever toilets flooded,
electrical connections failed, or other work needed
to be done, Although he'd been convicted for vio-
lent murders, he was allowed to keep tools in his
unlocked quarters on Cell Block Two.

He had the run of the joint in other ways as
well. Years earlier, serving time for assault and
battery, he’d committed his first murder in 1952 in
prison—“making his bones,” the inmates called
it—to solidify his standing among the other in-
mates. Gaskins did it by cultivating the trust of the
biggest “powerman” in the prison, then cutting his
throat with a stolen paring knife while he sat on
the toilet in his cell.

It was simply another irony that Gaskins’s last
murder was set up much the same way, then car-
ried out while the victim sat on the toilet.

Thirty years afterward, now serving multiple
life sentences, Gaskins himself was the ultimate
powerman. He handled contraband, including
drugs, and ran a variety of scams. He ran his own
pawnshop behind prison walls, made loans to oth-
er inmates, dealt drugs, and doled out jobs for sex.
Other inmates both feared and respected him. He
took what he wanted, including his pick of “new
meat”—sexual partners, whether willing or un-
willing. When someone crossed him, he took his
revenge. Once, when another inmate he was feud-
ing with had a cherished parrot, Gaskins put out a
contract on it. It was found dead in a sewer pipe.

Being boss carried power and freedom, and
Gaskins used it. When death row inmate Sylvester

CRIMEBEAT

—

od io ace Wvan amd M.S. Dckso cereal eae Cele ec-s enemies abun wd cs Sm a
rarker, & Negro arenssing % cheroct a icrows thickened. Pecpe ered | AS GREED fol’? gape
preacher scoovteted forgery .| Willste’s Deus Store. recalled & as) trees near the soil, el year ' Shariff Green apee=® 34 Bt ,
mee, weidsy moracg, March 14 / story eelated to hits Ao-als grand:!be buildings, and Si atop} —— a a a
permty Bat Alen Ws attracted | father »douwt the bareing of Tom ' ,epladders — i striving fo ai —
“tg the cel by shouts a “Hatle~| Robespierre the | ginpee of the execution. |
4

‘otal Be found Parker. uudt h | peeeent a! ; eff

ynayed by his forgery conviction, {re’s head was cut aff, fe said. | ALL EXCEPT the wap: of che!

ereceling ‘ip the side of we Som jane paced on & wooden pike allows, erected oa the east side,

demned Negm. Bis bares werelciongside the public reais". Biof the jail, was hidden from view |
sessed behind a igh beard enciogure.} 0 ” ’

spufted in srarer. and: a8 eyesiwarnmng to aicmen +
burned eB faraticiss oss De with evil thoughts. ‘Within the enclosure. Were per- 4b!
poured out 25 exnomanaa with! "hans 100 people. These nad been) mab
am the wud exnitement peculiar} yy FRONT of Fowler's Stable! provided with passes py Suteriff :
ey Negro pulpit ‘oratory of ation Pecales Sire“. RW. Priitt.iNelse Grees. Just outside the em

. ; Starr, dickered wilh Judgsicksure facing the street stood!

bel aay ae itreio’!
Fowler over the price of 3 par janviormed mea armiad with Kraia :
cf fine miulas. His Son. Forrest, rifies. nese : members of |
acd farm overseer, John — W.; the Anderson Rifles uncer Camtr }

Neese, stead in on the bargain- mand of Capt. J. M. Patrick.
liz, Scarce hall « block away! inside the jail & jock rattled

‘

;

F
‘gail res

ot
Fs
jeacttiemnes gf the aged Parker.
i eretitess bs hed Beet wothd 226
: apyesaied meryols. :
itwiched coavult’ >
og eyes reved and snacte
: Hook of aa atumel at bay and in
my « [CANESE, Darker prayed oa, aod
3 pwn: Depry afen left the room .
ae | : ~
a
“3 . Bs Pa
=2 ee 7
3 a
s
Oe ie)
a ;
4 :
7.
y

EB yt et

ROPE AROUND NECK. bis iect 8 d his head
in a hocd, Oliver Greer is steadied by Deputy J. A.
Qiullingham, left, end Deputy Ben Allea, “gat,
moments before being moved over the trap. Five

minutes ister he was ead. This vas the last ‘texal :

execution ever held in Anderson County, the ¢ai-
lows being replaced the

by the electric chair at tne

Ginte Penitentiary in Columbia. (From the Inde |

Shistewbwere +

fal, he was placed ina cell with
one. W. mum Parkg@e® Negro

‘tujah!"” He found Parker, undis-
-mayed by his forgery conviction,
‘kneeling by the side of the con-
demned Negro. His hands were
uplifted in prayer. and his eyes
burned with fanaticism 45S he
_poured out an exhortation with
‘all the wud excitement pecullar
to Negro pulpit oratory of that

‘ed greatly . Either the
| seriousness his predicament
‘wag dawning on

| of his supe

eyes roved and shone with the
lock of an animal at bay and in
danger, Parker prayed on, and
jwhen Deputy Alen left the room

father about the hanging of Tom | stepladders — all striving for
Robespierre in 1804 near the glimpse of the execution.
present site of Starr. Robespier-
re’s bead was cut off, he said,| ALL EXCEPT the top of the!
and placed on a wooden pike | gallows, erected on the east side,
alongside the public road 85 & | of the jail, was hidden from view
warning to all men possessed | behind a high board enclosure.
with evil thoughts. Within the enclosure were Per-|

on Peoples Street, R. W. Pruitt,!Nelse Green. Just outside the en- |
of Starr, dickered with Judgelclosure facing the street stood
Fowler over the price of a pair uniformed men armed with Kraig
of fine mules. His son. Forrest, |rifles. These were members of
and farm overseer, John W.\|the Anderson Rifles under com-

M. Suu contend ine Sinead epee OE EES Se. Se TS
after purchasing @ cheroot at|crowd thickened. People appeared] AS Milt * ared al 4

_|Wilhite’s Drug Store, recalled 4|in trees near the jail, on top Neazgmereriff Green appeared at the cell' jet. ne
story related to him by his grand-|py buildings, and even \ eae : —

haps 100 people. These had been
IN FRONT of Fowler's Stable | provided with passes by Sheriff

ROPE AROUND NECK, his feet tied and his hea
in a hood, Oliver Greer is steadied by Deputy J. ne
Dillingham, left, and Deputy ‘Ban Allen, right,
moments before being moved over the trap. ive
minutes later he was dead. This was the last legal
execution ever held in Anderson County, the gal-
lows being replaced by the electric chair at the
State Penitentiary in Columbia. (From the Inde |
pendent’s Historical Collection.)

_
“4 : sity Soko a : |
-
a
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. 42 set shah tir a? te «nt &
; $i er. Ha t toh: LS Se oe) oem Fay
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: * act Bite Be “6 + #
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S24 Sing e
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ifrom out in ine courier CADE *%
‘ $ tsingle ward -- “Now! j
re -
Hoaseh + 7 ’ e. : "Now
‘ a siPUg is ik wisn't oS wots The Rey. Cox Jana.
esinada os elreus day . ~~ Phand, moved from the
A ; H ‘ in 5 7 * : ; * vg! . Seo a5 2 Py ibm fice
angesist oo in eee | oe ay. ys . 7 gi BS” Wewed oF Ouyer pbs emis
~ | : a Se Rare oy are a ie’ back. be
§ the crowd o2 the atreets a <. vhendeufiad bevrine hie reais. ie
| a char ~ Ireetiy im front, walkie. siowit,
fo more Gan oh : -~ lwas Sheriff Greea. Deputies Dee
La mins than 5 " Ths; al be, tye eeed
{Gace § lingham sad Aten fel} to bedi

the prisoner. Ag “_. maerna BES
coasts: movcd out af the ac
Fase :< ‘rue of : bt.

oer se

mee
can

‘ a ia ~
ips fram

the cxinty;

: rumbled throteh the ccowd, pute
- . i ae ~ -h-73?
ma, a garter] tunted by severnd sheats, a VU

ooters amd the yey :
The DM Mmvaiins
taking

the daoritne noone

at
inquired Snerifi Green.

hing,’ teplied the
ke in a iow tone,
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ate
serunces, Le WES 28

4
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Qo

Bet r
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et aya? sn »
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erc#@, His eyes Werk

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he glanced curioucly ai
| dose before him amd st

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rernoved freuw the time-srorcvec

exact dat

‘.
: re
Se ee pat

JAW where Oliver G

reer are read
2 ; : _ : no 4 4 asked ihe
SLE IMPENDING hanging 2s GQ act
Soe, slgnifieant only Gece
tras the Tmat legal execution

- ever held in Anderson Coumy. Be-
‘ist guotser murderes vas to be

CONnsiGers

<E leenderned mn She boca. c ard

the supreme
ps chatr at Ge
i bi Columbis

indicate’ he
ling further. £
‘forward and C
icap over his. face. The condencs3
man was then moved hackwsra

ase Tia
fuace

Greer asagulted
man Yvirw om the

x te Si o-
Reitos, Later

ae, * = 2

out

Suo§etpueg *t¢z xeg Od £**4S uaend

qSeq SZT ‘ucTSssTuMOD TeuoTzeoTOeY PU TPOTLOYSTH JOTAYSTC uoqeTpueg ‘aedoy euucg
&q peptaeid faqep e Zutaey you Sutddtyto oy4 SINGINSIHUNT (0S) uosaepuy 944 wor)

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i Se isa a PS, A Se ae » Svat

nken over from the * :

eecher’s voice. could
be’ heart throughout mut af the

2% Oliver Greer wag a sors Negro}: Fol.
~ BE tree near Belton. Thovueh barely!
turned 12, Be wea be pee ern pouty Dilinghan. went to the cell.
| weighed between = jereer then repeated a full eon-

pounds, coal black, fairiy intelli:
gent and unusually mature for his |fession he had alrsady made “te

axe. On the afiernoca of Decera-!
ter & Ii, Greer assouited an tessa to his fate. Fag
j-sgei womsat vine on the out-ibe prayed aiocg with
shirts of Betog. Later thee woman | &5k24 ig eis sing be fa@gives and
reruwicd arm? stumiied te the; fhe: he spared the erizal of

_ 4 selabbee, whe 2 pres | bs: wing etornslis in fe fires of
jHaces so yivris doenibed by
+ The eet hoy of men search Ue ol Kegre poracter.
‘ed through woods anid flelds ali;
‘tse night through in quest of:
1 Gr: ser The retiad Neg
y his pursuers,
- leems : of Deputy Sheriff J. A. Dill. | wind, rain end
Moham shortiv before dawn. be! i. oer, B wes w
caty Dillingham, smmediately! son, Wei
jheaded fer /
‘urging his horse on by applying. part of the home af Archie Cou
the -rhip. By the time the mainibisen down. ~

«ty of searchers learned Greer: “ March progressed and Hang: |

A TERRIVFRC ;

window-jolting
ovst ground Wil-
“aes.

a tie"; PO we SR asf.

j aiding The court sppelsted J. Sst Metiee's Ferry, 2 wes almos
Acker to defend Graer, Saieilotig. nigh,
aul Ping ss aa] ~ a:
suuLe . ee con wucwed ¢ the pros Pangm ate Day, a3 if by spec

victim of the sssault:j.) a from the ¥

; Weather
yobs sieti nly identified Greer 2s}

pee the jury in exs
Was meturped Dy the Huy in enech oe gong cages af seed potsioes

ke ia mirnuiies. Sede. Gace then!

Petes. ood ig the m provid. | Der

nea
“.

Greer, by the ii wnt] yor a
| have mierey ypu. Be negotiations with Freder-|

= A. Jchnson, the Chicago 5

on yore “soul. ze
moles, and his associate. R. &
GREFE heard this poonounce | ban, of Ciayvtcn
ment withom visible” show off Major A. R. Brogles, in dls
emotiog. On being refuted tole copes events of the day with J.
*3 bi. he Gsi5 Diaceset in 2 el} eth Lats piven and >. ry "keh
coe ® ‘+r, @ Negro: latter mrehasc0f & Chesri 8

mt,

asa La a ed forever?

ori -‘Briday mormanyg, Marca 4.\:ry related to him by his stand:

Hepry Bar Alea was atirrctedi (ather about the hanging of Tom

ty the cell by shouts of “Hale! Re hes pies 478 ‘s Rit near pes
Tih. gw

a
Wa Snes Ro temer

sate & TIF

Sy
1%
iy
~

Not keg ater. Sia scene, De-)

Pa: ker. Thereafter be apresred |
day :
Parker. | |

etsetrie storm:
sro eluded ushered out the month of Febru. |
anly to run into the ary. If struck af night, bringing |

buildings ;
Ancerson im a Dugsy.: wer @ et tbs the tempest and |

Sf deen captured. he vas 3e-' man's Day approached, the wea-|
cireiy behind the bers of the Aether remained warm and heavy.
ferson County Jar. irains continued. Farmers became

trestiess, aurious to get along with

2 CREER DENTED corr iting | spring wowing and planting of
‘he crime He was brovgh. Wid. een. The Savanwaah River rose
42 Geseral Sessions Court on FeDiuns’ tf was over the fore at!
‘pussy jd 3902, Judge Gaae ore; | Brucn's Perry: aad di-gnstrcar |

it at. A verdict wd dawned bright a4 clear. ,ezcted cru «
‘her a@saaia ve Guilty | Seerchants placed peamt parch-' was rapidty

4
i? by law, xe said sheriff shal, ding 8 railroad, not the;
‘then aba@ there hang youd, Olver | Reais tm the bank's olen:

‘lug. His
atest: © heat WAS Be.
| i ao? + * 4
sTOW CU cRereu

Willute s Or up Sire, recalied al. iy treas gear the j

i
i

—

sive:
<Att

wee

22325 hee

OLIVER

standing

nee

atin

on the gallows

morning of March 14, 1902, makes ho last state-
ment. Next to him is Deputy Steriii J. A. Dilling-
ham, later chief of Anderson pojee. At right, Bible

hand, 12 the Rey, I0

raan's chef spiritual advisor.
“Amen,

When he acid

TAY er

Copeland, the condemned
Je made the final

the trap sprung

and Greer ‘dropped tg his death

at the Anderson Courhy Jali, an

1 2 man and Dcvs)
patholo.
On the pock @ ots a

Peer tenced the defendant, as Toi ous frum, J. F. Pact readied bis! House, Prof. W. EH. Pick ibs
ive: BEncaDt, BE Oe Aen Ronee hy chopping scores GL ther propiet mr orbested
Fi .“The taegient of the Tew ie, je age apart egal es Tciae Mur jmore rain was in the making.
“Yat the Sheriff of Anderson Coutr | nd 7 MU ithe new moon was like « bowl

ity do take ai Oliver Greer “pack [PE ey soba ined Bis entire eight |» Ske . anid. When the bow!

No the common fa, whence yout™as police force to hy ndle she reste on its back wih both t

‘chine there Keep roa in close S™USk. nunted upwari, ti Sauld hold

‘ennfinement anti Friday. [thi 5 | ater. But when i tited with one

fav oof fdarch, AD. 1882, mi = INTO TRE Eank of Andetsor | ' point lower than wie sc ~her. wat:

which cay hetween the hours ad} a $ o'clock thes morning filed | ler spille ever. AS of then, tae

16 am, 2mi2 pm. sf a place; ia. J: Fretwell, J. E. Breazevle, ‘bowl tited, Thus the rains

‘orovided fo law. for such pur- iP... B. Mecully ani B. F. Wht ees wae far another two

They were concerned with | farmers pebiad

weeks, throwiny

with their plano 7. .
Fro om a nile kee a

‘on & pod "He Was

ithe phetographer, and :
(ing to take pictures @ the he
appearance gansies rie

ag "MAS

oy
= 4
f
ce

by building and
stepludders —- alk tri
glbnpes of: the econo.

tas @ heavy doo swung open to
tgamit 3 Bev. J. 0. Copelaad and to
louver yeer's ecil He bad been}
ithore Eyeral times previously, |
being us conden: ned tnan'g chic’
spiritual Sdvisor. The Rev. Case
jand ssicf2 Greer vw he hed a lest}
request. erecr asked for 2 pei
cll gnd # piece of paper. When
these 7 = provided, Greer slow-
Paily wrod

“OliversGreer, to my Dear Me
ther, Safy Greer.
‘“‘Ander-ng Jail, March 14, 190%

“Ob, gear and loving mother,:
(Please don’t arieve after me fer
{i am ages the penally due me

for the I comrutiee. Tell
them at my to erieve for me.
i am vest | te die 4 leave the

world. pw 800% be in heaven

nOW. Ree Parker acti Bro. Rut
ledge an4 Bro. Punckzey and the
white a yg re of the Gosoe! have
been vesy Kitt to me. And Je
sus, (jon af God, as saved
my so iro endiess death,

ae
| oliver Greer.’

Awe e

on We

tfeet were then Demo

‘iran whe Fas about

THE CONDEMNED man ies
j indicated he desired to say noth-
ing further. Sheriff Greee sterped

facwerd amit polled down & black

-toep over his face. The comiiored

‘man was thea moved backward
I until he stood sqcarcty oa the oon
‘ter of the tran door. The necks
lens placed arcund Mis cack sami
iediusted eo the iad scuggies
‘ageing the gide af Bis jaw. Hig
2 ko grihe
TwG ais age standine of cites
side cf te. ¢ wan deer suppericd

Greer ty me 2 aru, bet Madr set

vier Ware mm weeded, so le err
standing Pec Wukes B Wciiwss

After Greer Bad bea pincsi

| position, te Bev. Coneiemd ot*
‘ed a prayes. Be mede ga ernest
cs the

‘gles: for diving mercy
to gc icct8
tint. eterniiy. The prayer bes
itheea or four mindtes. Wile &
wus ' progress Sheri! Circe
lwalked slowly down to the cottom
step leading from the gelloms,
where the TREE hed heco aihe-
ed. Ag the © SF. Csr wetaot tH Ce TRG
“amen, Sc rift Gr een =tepped an
the trigger, the trap cour few at
ey aad Grees’s gery abot - laeRs
ward.

. it t distance at

TE bat way
is six feet. Gos ‘sl — sna ped

iWih a pop panel bs by those ins:d
ithe enclosure. He died instantly.
lerithxn sg conwtlstve struvgela grat
!orty a fee siight ceiicangs of tte
moueties. Ae & ise of aigat

| minutes . by. * oy ard Der.
ocward, eit

ik. A. Rescy ca: coe f
ed for heart bears. then Cie Re
od ie extinct.

Tweety minutes afier the wrap
weg sprung the body was cat

down and pleced m a cofhc.

which was behind the gaCows. A
messenger Wes then dispatched to
teli Greer’s mother. Sally Greer,

she could come sod get her son’s
hody. She did uot witness ths
hanging, but walied patiently sit-

jing iz act chair back of O. D. An-
| decson's siare. .
The oft was placed fn the

tee the care egg ‘Greer *¢ mon kom
sab 2 sionaside © driver, sings
softly ta hers other, Untewa ix A>

derson, the dispensary did 2 lan -
"| side vor apd Fant’s Yish
Eg ise acig cocipketely « of miudl-

mene en arne ennenanmaenrn

wer ener nn Be
; Saw

RBG A ott

Neamt bsamina mi Some g gem +

rine’

White's Execution Reflects Disparity

- Continued From Page 1

£.

ae ’ : vane
the death penalty for killing another
inmate would deprive the state of its
only meaningful deterrent to prison
killings.

“As a matter of state correctional
policy they had to give death in this
case,” said Richard Burr of the
NAACP Legal Defense and Education-
al Fund Inc. in New York. “If you’re
going to let the families of murder
victims murder their murderers,
you’ve got a serious problem. The ra-
cial combinations mean very little in
light of the kind of homicide it was.”’

According to a 1989 study by a sociol-
ogist at the University of Florida, of
15,978 executions in the United States
or the American colonies since 1608,
only 30 — that is, one in every 533 —
were of whites who killed blacks. Sev-
eral of the instances involved the mur-
der of slaves and were, . therefore,
treated as economic crimes against

slaveholders. In many others, includ- ¢

ing the 1944 Kansas Case, the murder-
ers had long criminal records.

Since executions were resumed. in

‘the United States after a decade-long

hiatus in 1977, 42 of the 153 people
executed have been blacks who killed
whites ;.until yesterday, none had been
of whites who killed blacks.

Statistics show that more than 90
percent of murders in the United States
are intraracial — that is, whites killing
whites or blacks killing blacks. Statis-
tics from the Federal Bureau of Inves-
tigation suggest that in the last three
years cases in which blacks killed

Associated Press

Donald Gaskins, who was execut-
ed yesterday in South Carolina.

whites were about twice as common as
cases of whites killing blacks.

That would mean that about 3 per-
cent of all murders in the United States
are whites killing blacks, far more than
the two-tenths.of 1 percent of the execu-
tions of whites who killed, blacks.

Opponents of the death penalty said
that a sidelight of the Gaskins case
actually highlighted how profoundly
race mattered in capital cases. They
contrasted Mr. Gaskins’s fate with that
of the white man who hired him for the
killing, Tony Cimo of Murrell’s Inlet,

S.C. Mr. Cimo was sentenced to eight
years in prison, but was released after
serving only six months. He was por-
trayed on a CBS made-for-television
movie, ‘‘Vengeance: The Tony Cimo
Story.”’ Bg
Mr. Bruck called the arrangement
“‘a high-tech lynching,” and added:
“There is nothing ‘New South’ about
the notion that a white man has a right
to lynch a black killer of a member of

his family. About all you can say about |

South Carolina’s efforts to correct ra-|\ _

cial disparities in this case is that Tony |) ~

Cimo served six more months than he
would have half a century ago.

“This is hardly evidence that South
Carolina is protecting black lives more
energetically than it used to,’’ Mr.
Bruck continued. ‘‘Gaskins’s crime, af-
ter all, is that he killed his black victim
before the state could get around to
killing him itself.”

Only hours before he was escorted to

the electric chair at Broad River Cor- ||

rectional Institution, Mr. Gaskins tried
to commit suicide by slashing his

wrists with a razor blade he had swal- |;

lowed the previous week, then coughed
up. He received 20 stitches.

Mr. Gaskins made no statement be-
fore his electrocution, but prepared one
that was made public afterwards. ‘I’m
ready to go,” it said. ‘Where I’m going
has to be better than where I’ve been.”

In life, Mr. Gaskins, who earned his |

nickname from his short stature, was
what one death penalty opponent called
“a poster boy for the electric chair.”
As a teen-ager he was sent to reform
school for hitting a girl in the head with

a hatchet.

THE NEW YORK TIMES NATIONAL saTURDAY, SEPTEMBER 7, 1991

AMNESTY
fp INTERNATIONAL
™ USA

Nederland, CO 80466-1270 303-440-0913 « FAX: 303-258-7881
ae

URGENT ACTION PROGRAM OFFICE «¢ P.O. Box 1270 «

EXTRA 58/91 Death Penalty 30 August 1991
| usa (South Carolina): Donald GASKINS |

Donald Gaskins is scheduled to be executed in South Carolina on 6 September

1991. All available legal appeals have been exhausted and it is feared
that the execution will be carried out as planned.

BACKGROUND INFORMATION

Mr Gaskins, white, now aged 60, was sentenced to death on 26 March 1983 for
the murder-for-hire of fellow death-row inmate, Rudolph Tyner, black, in
September 1982. sr Tyner had been convicted of the murder of a couple
during a robbery in 1978; his murder was arranged by the victims’ son, (who
received an 8-year sentence for his part in the murder, but was released

after less than three years). Mr Gaskins placed a bomb inside a radio
which exploded, killing Mr Tyner.

As of 24 April 1991, there were 43 prisoners under sentence of death in
South Carolina. The last person to be executed in the state was Ronald
(Rusty) Woomer on 27 April 1990. The method of execution is electrocution.

Declaration of Human Rights. -

RECOMMENDED ACTION: Telegrams/telexes/faxes
airmail letters (time permitting):

- urging Governor Campbell Jr to grant clemency to Donald Gaskins by
commuting his death sentenc

/telephone calls/express and

APPEALS TO:
The Honourable Carrol A Campbell Jr
Governor of South Carolina (Faxes: 1 (803) 734 1843)

PO Box 11369 (Telexes: 0258 10666 2628 SC)
Columbia, SC 29211 (Telegrams: Governor Campbell, South Carolina)

(Telephone calls: 1 (803) 734 9818)
PLEASE SEND APPEALS IMMEDIATELY, TO ARRIVE BY 5 SEPTEMBER 1991.

(Salutation: Dear Governor ]

‘SOUTH CAROLINA Baa
: Main Executed for
_Inmate Bomb Death

; be $ septhetedtt Saw . pays é< Cpa 5 weed ee 6 aN s* ee ae oS eee

-. | Killer cuts wrists before execution ©
+t: . COLUMBIA, S.C. — Hours a
~~ /" before his scheduled execution,

d who had stabbed, shot or wving [sen condemned serial killer ee
_;rowned 13 people, out af teen Tae * “slashed his arms early. Thursday... oe

| -Wwith a razor Blade he i: ermal
_ J--swallowed a week ago, prison
anes “officials said;Donald ‘Pes
ees A “Wee” Gaskins received 20 ~~“
stitches for wounds he inflicted ~
to his wrists and elbows, —

r beca
of their ‘drinking. ae disapproved.

was r drug-taki

fellow Doves priday for ‘killing ©
Haig onald Gaskins, 58, wa i
Inaided into the.de , 00, Walked

Friday, September 6, 1991

a So ve ath chamb . wan a
\ i og titre ne prison and gave a | Corrections Department spokeswoman Robyn” ~~
/ ney betiig sign to his crying attor: | Zimmerman said. Gaskins, who has confessed to
the electri being put to death in . | killing 13 people, was scheduled to die in thes"
nounced dee chair. He was pro- | - electric chairaat | a.m. today for the murder ofa

WAS Senta tt 1:10 a.m. Gaskins | _ | «14th victim. #We don’t know # fie was trying to ~
Rudolph ‘Tyne coe for killing: -Y |< kill himself or delay the execution,” said Ms. |

19 | , who was killed in: . Zimmerman: | rere eee
glee ed - pomemade barb de enh ieee | a ae J
white, said h 10. Gaskins, who was - Man soughtin Floridakilling « ¢

bs, pee FORT LAUDERDALE, Fla. — Aman who +

|. claims to have killed more than 70 peoplg was Ne, |
4, |4scharged Thursday with murderinga prostitute in ¢ |
ALEM1985. Until the arrest warrant Wasissued, 4s >
- Donald Leroy Evans had only been charged in pee

. ; : : / o a Poon my |
“ . ~ A; 77) C. ot, oe | tee . ° a eevee ps: moles. |
: S — ‘(Mississippi with the murder of a homeless girl. |

e agreed t¢ ee ieee
because Ty tet wan ores killing

From Times Staff and Wire Reports

4A—Reno Gazette-Journal

aa ay G = 7 ~ 9 *| Seidel HE Florida warrant charges-Evaris.with first ~. |

- 4 : / } | eq degree murder in death of [fa JeanSmith, 38. Het

: O° “ / 7 Cot. a **}. body was found wrapped ina blatiket and stuffed’ |”.

co Mag / | ihe ina motel.closet, said Fort Lauderdale police aaa a

yg ply ee | arr ‘spokesman Ott Cefkin. | A! Pe ao C |
_ S

yo
~

ene

iow PIR RRs 0 At tah Seliarontny tn as ean Rs 9

et ts a ‘
{ LA

Killer: tries to.
cheat executioner ~
-COLUMBIA, ‘S.c. — ‘Hours ©.

before : ‘his “scheduled execution, a

a condemned: ‘serial killer.’

' ~ Slashed; his arms early Thureday

with a tazor blade he had
swallowed .a. week ago. ;

Donald “Pee Wee”. Gaskins © €
received 20 stitches for: wounds aad
to his wrists and-elbows; Cor- .| ’
rections: Department. spokeswom- ab

an: Robyn Zimmerman: ‘said.
- Gaskins, .who:has confessed.

to killing 13: People, was sched- | Fi :

uled to die-in the: electric chair .
at 1 a.m. Friday for the 1982
murder of a ‘14th victim, fellow
inmate Rudolph Tyner... _
“The execution will go on, es
Zimmerman said. .
On Wednesday, the st&te :

_ Supreme Court denied a stay of

execution without comment.
Federal appeals were pending
Thursday. Gaskins, 58, also
could ask Gov. Carroll open
for Clemency. —

.°
a a

paar ae

—————
_—————

September 6, 1991 a

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——

The Nation

ee eee

2 TREO RENE i i RMR EE tages

“586 nO.

[12] Moreover, this Court held in the
case of Green v. Griffin, 95 N.C. 50, in an
opinion by Smith, C. J., that appeals from
interlocutory or subsidiary orders, judg-
ments and decrees made in a cause, carry
up for review only the ruling of the court
upon that specific point, and that the or-
der or judgment appealed from is not va-
cated,

‘ [13] In the light of the statute and of
these decisions of this Court in respect
‘thereto, it is noted (1) that in the order
of May 2, 1947, the court expressly re-
served the right to limit the number of
persons who might act as pickets, if, in its
opinion, such action should become appro-
priate; (2) that in the order of May 17 the
court acted in accordance with such reser-
vation, and made the limitations imposed
apply alike to original defendants and to
persons made additional defendants at that
time; (3) that the orders of May 17 and
May 27 did not change in substance the
injunctive provisions of the order of May
2, but only enlarged the number of persons
to whom those provisions should apply; and
(4) that all three orders are interlocutory,
pending final hearing. Manifestly, the ac-
tion of the court in making these orders is
in full accord and in keeping with the pro-
visions of the statute and decisions of this
Court.

Furthermore, the appeal taken to the
order of May 2 was not perfected, and on
motion duly made, in. this Court, has since
been dismissed.

{14] Itis next contended that the court
below failed to make sufficient findings of
fact against each respondent to support
a judgment of contempt. As to this, it is a
well settled principle of procedure that in
contempt procecdings the facts upon which
the contempt is based must be found by
the court, especially the facts concerning
the purpose and object of the contemnor,

45 SOUTH EASTERN REPORTER, 2d SERIES

and the judgment must be founded on these
findings. In re Odum, supra; In re Hege,
205 N.C. 625, 172 S.E. 345.

[15] Applying this principle to each of
the judgments involved on this appeal it
appears that the findings of fact are suffi-
cient, and the judgment is founded on such
findings. It appears in each judgment that
the cause was heard upon plaintiff’s peti-
tion, and the petition specifies the provi-
sions of the injunctive orders with the vio-
lation of which respondents are charged.
Evidence, as appears of record, was heard
and considered. And the court finds as a
fact that each respondent has willfully vio-
lated the injunctive orders of the court in
this cause by assaulting or intimidating, or
both, particular person, ‘or persons, under
the circumstances and conditions shown by
the evidence. And the evidence to support
the finding is ample.

[16,17] It is further contended in ef-
fect that this contempt proceeding is of
criminal nature, and is governed by the
rules of procedure. and the law applicable
to criminal prosecutions, and hence the
judgments rendered under the circumstanc-
es of this proceeding exceed the jurisdic-
tion of the court. As to this contention, in
this State a contempt proceeding is au-
thorized by statute, G.S. § 5-1. This Court
has described it as sui generis, criminal
in its nature, which may be resorted to in
civil or criminal actions. In re Hege, su-
pra, And it is held that persons charged
are not entitled to a jury trial in such
proceeding. In re Gorham, 129 N.C. 481,
40 S.E. 311.

Finally, careful consideration of all as-
signments of error, and of the argument
advanced by respondents fails to show er-
ror in the judgments from which appeals
are taken, .

Affirmed,

pong “6

+ alate:

5, STATE. ¥, GIDRON,.. vyp7; 8.C. 587
ST DS EE Cite ae 45 8.24 587 U4 «

. ant’s. counsel. who first caused statement
‘to be. exhibited in presence of jury.

Py FET

STATE v. GIDRON.

+, F rival j A is
; No. 16011. vit od? 8S 6° Criminal law G=781(4) ©
' A oF harge relating to elements neces-
th Carolina,'”* A charg P P
_ Supremepourt of Sou » vtond’ 164 gary to make a confession voluntary which

nde ign ¢ } required a showing beyond reasonable

1, Jury €>131(10) : doubt that there was nothing offered to per-

Under statute, trial court, on motion son making statement and that he did me
of either party, must: examine under oath make it out of fear or hope of benefits s iffi-
the prospective jurors with respect to their ciently charged on element - pe
competency, but it is not error if trial court confession through fear or by force 0
on its own initiative fails to make such an threats of violence.
examination. “Code 1942, § 637.1) 7

»
yan of
bet

7. Homicide 250

i d conviction of mur-
2. Jury C>131(13) Evidence supporte

Where no request for voir dire exami- der.
nation was made until after several jurors
had. been drawn and accepted and ProsPs® Appeal from General Sessions Court of |

tive jurors thereafter drawn, were sepa- Calhean County; M.'M. Manni, Judge:
rately examined, and after panel was com- “an cet ok eat
pleted those who had not been previously Willie E. Gidron was convicted of mur-

examined under oath were, sworn and usual der, and he appeals. ;

questions respecting their qualifications Affirmed,

were propounded to them as a body and all Furman R. Gressette, of St. Matthews,
of the jurors gave satisfactory answers, 5 sppettand,

defendant’s failure to object when trial . Julian 5: Wolfe, éi Gimngeinel wad

court inquired if such procedure was aah Marion Gressette, of St. Matthews, for re-
factory constituted a waiver of any right gags: ;

to a separate examination, but in any event,
the method followed did not result in pre)-
udice to defendant. Code 1942, § 637.

——_~>—_——-

“"OXNER, Justice.
3 Upon an indictment charging him with
3. Criminal law G1 111(5) the murder of George D. Tilley on April
Supreme Court was boutd to accept 30, 1947, appellant, a Negro 19 years of age,
statement of trial judge as to what trans- was tried on May 26, 1947. He was found
pired during trial. abt guilty and a sentence of death by electrocu-
tion imposed. The errors assigned relate
4)-Criminal law <>1152(1) to (1) the method followed in examining
The conduct of a trial is left largely somé of the jurors on their voir dire, (2)
to discretion of presiding judge, and Se the argument of the solicitor, and (3) the
preme ‘Court will’ not interfere eres - charge of the Court with reference to con-
clearly appears that rights. were prejudiced Scadieait. ™

in.some way. . Before discussing the questions raised by

the exceptions, we shall briefly review the
testimony. The deceased was Sheriff of
Calhoun County. On April 30, 1947, he

5. Criminal law G=1171(1)
Solicitor’s holding up for jury a writ-
ten instrument purporting to be confession a es
signed by hoe during his argument and some other officers were inv 5
and. basing portion of argument thereon the violent death of a — a3
was not prejudicial error, though instru- On information which had = wes :
ment was not introduced into record, where they decided 7 ee a a an a -
icitor di t ing the late afternoon of that day -
solicitor did not read from the statemen hex Aacerleod
i i defend- ceased and a magistrates consta
during his argument and fact that ; oi
ant signed a written statement was not dis- ed appellant while Pet a aan
puted, and especially where it was defend- Negroes were in a held in

"9761 *6 Axenuer uo (unoyTeD) dSOS *oeTe *6T *HOeTQ SpaeMp| werTTTM *NOwdID

aoe

Sere a << =

A page ee

® o Sa
"Orangeburg, April 39-Calhoun County Sheriff George D, Tilley, shot throygh the side by a Negro mur-
der suspect he was bringing to the St. Matthews jail, was reported in fair condition tonight at the
Tri-County hospital in Orangeburg. - Sheriff Tilley was ‘responding to treatment,' one report said,
The well-known law officer had arrested the Negro wo was wanted for the mrder of We L. Riley, Negro
in Lone Star and was bringing him handcuffed. to. St. Matthews when the Negro pulled a pistol from his
shoe, shot the sheriff through the wayMM. right Side and made his escapes, Sheriff Tilley emptied his
gun at the fleeing Negro but results of the shooting were not known, H.,"L. (Bunky) H&H Wienges of
St, Matthews who was en route to St. Matthews was hailed by a Negro at the sheriff's car ‘shortly
after the shooting, and he brought the injured man to the Tri-County hospital. Mr, Wienges said Mr.
Tilley was able to walk from his car which was in a ditch, to the other HERHEBEEXEZ automobile, The
shooting occurred about 8 otclock tonight four miles from St. Matthews on the Fort Motte Road. A
wide-spread HREREEERSA manhunt for the Negro was launched tonight with state constabulary officers,
highway patrolmen, and local law enforcement officers and citizens joined in the search." COLUMBIA
STATE, May 1, 19h)7. NOrangeburg, 5<1-19)7-Ste riff Tilley in critical condition and {had not shown
any improvement.' Gidron had been captured and taken to the State Prison for safckeeping. Tilley
told following storey: He had arrested Gidron in connection with the fatal shooting of W. L. Riley,
a Negro of Lone Star. On the way to St. Matthews jail, the man pulled a pistol from his boot and
fired, KiXXKg hitting Tilley. The sheriff emptied his gun at the fleeing man but could not be sure
whether he got him." STATE, 5-2-1917. “Orangeburg, May 75 197-Sheriff George David Tilley, “7,
died at 7:30 tonight. Had been shot in the liver. Had been found in wrecked car and hour later by
farmer and rushed to HHH hospital, Had rallied and reported in good condition but suffered relapse
on afternoon of death, Gidron had been arrested in house at St, Matthews, still wearing. handcuffs.
Was asleep in bed when arrested & rushed to State Prison . House near St. Matthews, not in it,
STATE, May 8, 1917. Riley, the MH#{ man Gidron briginally killed was a negro storekeeper at Lone _
Star who was found dead in store on morning of -30, Trial to begin at term to begin on 526.4
STATE, May 9, 1947. Gidron convicted and sentenced to die on 5-26 for murder of Tilley who he shot,

tad stabbed Riley to death. STATE,. 5-27-1947

il a iN et tect

i bo

RRNA eR ac ge
ef get

688 8.0. (srr 7

88 0 45 SOUTH EASTERN REPORTER, 24 SERIES
section of Calhoun County. This cons
testified that after placing appellant,

he had known for!six or eight. years,”
the rear seat of the car, he and the Sherift

en right front. pocket of his trousers; that
after placing him in the rear seat of the
r, the two officers got in front and drove

to Riley $s store , that he was wearing com-
° 1 Ril ’ £ . . <

g th f t Seat, Tove to 1 ey s bat boots issued to him while in the Ar my
occupy in é fron ;

Store where they made i
e wl some further in- and duri is trip ;
ae uring .this trip he m i
hiss rte a Riley case} that they from his pocket td rere Mee a
oe eks ‘store; and that after sock and boot: on ‘his; right fe rae a
is store for a few minutes, Riley’s store he was dishonest cade
emove, his

he left the Sheriff.to
: go home and about lef i i
the same time the. Sheriff, with the appel- Wie dares sae ec ——

lant on the front seat beside him, drove off
in the direction of St. Matthews. It w
then about dark. Around 8 o’clock th
night the Sheriff’s cat’ was found approx-
imately three miles from St, Matthews on
the highway between’ that town and Fort
_ Motte. The car was almost in the dite
the right side of the road and fron
point where the car left the pavement there thereafter’

seat of the car and there was considcrable
blood on the driver’s side. Prior to this

time the Sheriff had been removed by some bein i i
g driven in this ‘di i
ai eran ne 2 Opangebung where he that he was cing n'ai’ A rare
soot aati : me May 7th, The suddenly. pulled the gun out of his eet
pedis con = oe Psp he died boot and shot the Sheriff; that ra sae
se >y a bullet which en- immediately applied the brakes bot
- body e right side of the chest. the time the car stopped he jumpal eer ia
an

Seory on ‘the morning after the Sheriff 14" across a ficld; that as he ran the Sher
: ot appellant, ‘still handcuffed, was ‘ff shot at him several times but ‘miss d
~ ended and arrested at a farm house him; and that he then proceeded to es
re ey to the State Penitentiary in house where he was arrested early the nex
int umbia, where from time to time he was Morning. d aoe
inter i
ene ee by various officers but made Captain Ansel testified that after appel
oo ee hee May 8th. Captain An- lant made this statement, he inquired ae t
ee nee gente testified that the gun and appellant stated that. he | -
n May 8th, he visited appel- dropped it i “i
Eek ak the Seslaentinee: ppel- “ropy in a field; that: after instruct-
: y; that after talk- ing a stenograph i 7
ing to him a few minutes, a i dufimken
; ppellant in- ment which had b
dialed 4: dciies tot ) ad been made, he took appel-
e a statement; that lant along with 4
he ; g§ with some officers to
° Poin aticns ver he did not have to make where appellant said he had deoipet "he
a st and any, made would be used gun, but after’ .
wxiiinak Wiis and tae elton , era thorough search of the
; any promise field they were unab
oft inable to find tt .
eward or threats of any kind, appel- and that appellant was th fod kee
lant said “he wanted to i is mi ' i ur tae ie irc
Te al get it off his mind.” to the penitentiary where the statement
piel i Staen pies into a recording which had meanwhile been transcribed dens
a ; ain Ansel further testified Tead to appellant
2 and he f -
that appellant then stated that about 5:00 untarily signed same. on oo
p.m. on April 30th, he was arrested by the
‘Sheriff and a magistrate’s constable while
working in a field; that he had a pistol in

Appellant was the only witness offered
by the defense. He said that he had recent-
ly been discharged from’ the Army and

ce ae

while in the service purchased
Oklahoma. His testimony as to the events called requested that

‘during the afternoon and

‘about; that. after’ this interrogation : had

‘STATE vy. GIDRON ae “'s.C. 589
Cite as 45 8.E.2d 587 Seg om
this pistol in. man R. Gressette, when certain jurors were
they be sworn and ex-
night of the amined upon their voir dire which was
shooting does not conflict materially with ‘done. After a number of these had been so
the statements made in his alleged confes- sworn and accepted and the panel had been
sion except as to what transpired imme- completed, Mr, Furman R. Gressette re-
diately before the shooting. He testified quested that those accepted on the jury who
that shortly after he and the Sheriff left had not been sworn and examined thereto-
Weeks’ store, the Sheriff commenced ques- fore on their voir dire be so sworn and
tioning him about the Riley case, which he examined. Whereupon the court ascertain-
says he'told the Sheriff he knew nothing ed the names of the jurors who -had not
been so sworn, had them all stand up, ad-
continued for some time the Sheriff started dressed each juror by his name and swore
cursing him; that finally the Sheriff struck _ them on their voir dire together, Mr. Fur-
him ‘on the nose several times with the _man R. Gressette at. this time requested
right hand while driving with his left hand; , that each one of them be separately called
that he then “slipped: toward the door’; and sworn, which was done. The panel
«that at this time the Sheriff placed his hand ; was, then sworn as a body and the case pro-
on his gun which was on the right side; ceeded to trial.”
that he did not know what’the Sheriff was _ The record further discloses that in ex-
about to do and in defense of himself amining collectively the jurors who had
shot the Sheriff. He admitted signing the not been previously sworn, the usual ques-
statement prepared under the direction of tions were propounded to them and all an-
Captain Ansel but said that at the time he _ swered in a manner showing that they were
did not know what it contained... He testi- competent...After this was done, the Court
“fied: “(Captain Ansel) told me to sign it said: “Now, gentlemen, is that satisfac-
_(the statement).. Told me to read it. I tory? If.it is not, I want to give the de-
looked at it; too psychology for me. I did fendant every right.”. There was no re-
-not know all: those words on it. I don’t sponse by counsel. There is no contention
know all those words, I could not say them. now that any. of these jurors were disquali-
Psychology * * .* Told me to sign it. fied. Appellant’s position is that although
Read it out to me. I wasn’t going to sign, counsel made no objection, it was error for
_all those psychology words I did not know the Court to swear and examine any of
what they mean.” nin these jurors collectively.

We shall first determine whether the — [4] ° It appears that in some jurisdictions
Court erred in not separately swearing and prospective jurors are examined as to their
“examining some of the jurors on their voir qualifications separately and in other juris-
dire, The trial Judge states in his order Gictions collectively. This may be due to.a
settling the record for appeal that the fol- aitterence in the applicable statutory re-
lowing occurred: “The Court further re- | quirements of the various States. In some
calls that when the case was called and jurisdictions it is error to refuse to allow
counsel for both sides answered ready for 3, 4ividual examination. 31 Am.Jur., Jury,
trial, that when the first few jurors were cuoction 105, page 635; 50 CJ.S., Juries,
called, the Court on his own motion in- ¢ 276¢, In this State, under the terms of
quired of those jurors without their being Section 637 of the 1942 Code, it is the duty
put on oath, as to whether or not they were of the Court, on motion of either party, to
related to the deceased Sheriff Tilley and. yamine under oath the prospective jurors
whether on not they could give a fair and ity respect to their competency. It is not
aimpartial trial; and all such jurors as were - orror if the Court on its own initiative
chosen by counsel for the State and de-~ ¢.:15 to make such examination. -
fendant up to that time answered that they :
were not related and could give a fair [2] It is unnecessary to now determine
and impartial trial. Thereafter counsel for whether it would constitute reversible er-
the defendant, speaking through Mr. Fur- ror to refuse a request for a separate ex-

prema Ae KET
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wat by’ hoa Che Yutad strovting

Willie Gidron-. )
W WE Die in
Chair Today |

1 Wille Mdward Grtton, 1 deateold’
one Star Mew wile he electra.
ited at the state poultentiacy to
soe iff

rome Pe Tilhev al Cultecan Inet
Api w ——
Gillon vestepdy, tobl hw hes,
wi the sthetitl ques
Vimned be gout meether bkitdoange aT
Altboush hus Writes wore manneled :
the Nexto thee a piatGl tram his!’
maak and phot the xhemlh he said:
after the ett hs et Cieuias him sev. /
Pl) a O01 001)

Giidivn, Whose appeal “from “He!
a the si wn it de rib KORTENCO® Wak:

thot Tiles

Verde

“ay ae

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en ee

tho stpreme | -
if ate Heats ti, qay,

i obiety

| Gidron Execution |

Friday; Convicted
Of Killing Sheriff

can feet en 8. U}—Prepars-
tions

t forward at the state}

ipod today for the electro-
there ‘tomérrow of Willle
1S~year-old Lone Star
negro ho shot and fatally wound-

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houn county, ‘last April 30

Gidron’s »appeal tans
viction and death
jected oy by: the: stata .
preme court -’-

The young esto appeared nie

ron wt ots

ee, Se Sy.
‘;ed Sheritz Boorse D. “Tilley: 3 of Cal.

ihis rides |
sentence Was hg

ened today the tle. 90d, x-
pecution . ane. ate. it ie

nan electeiz® mixer — < aaah
ll enough to a inte, beverage
plates as sh ke ‘a’, fererde

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680 &C.

The autopsy showed a large wound made
by some blunt instrument behind the ear
of the deceased, which caused a skull frac-
ture, producing a hole in the skull about
two to two and one-half inches in diameter,
and also several bullet wounds in the face
and head.

The several confessions made by the ap-
pellants allege that the bullet wounds were
inflicted outside of Horry County, and some
of them alleged that they were made outside
of this State.

Dr. L. J. Pace, who performed an au-
topsy on the body of the deceased at Prince-
town, in the State of West Virginia, testi-
fied, regarding the wound made by the blunt
instrument, that when he pulled the skin
-of the head back from the wound the bone
fragments fell out, leaving a hole about two
to two and one-half inches in diameter, this
wound being behind the right ear; that
this is one of the most vulnerable spots of
the skull, and that this fracture was suffi-
cient to cause death, as well as were the
holes caused by bullets. He testified posi-
tively that the particular blow behind the
right ear was sufficient to cause almost in-
stantancous death. Drs. J. A. Sasser and
Pratt-Thomas performed another autopsy
on the body of the deceased at the Roper
Ilospital, at Charleston, South Carolina,
and Dr. Thomas testified, in effect, that the
skull had been crushed by some blunt instru-
ment and that a blow in that particular
part of the head was sufficient to cause al-
most immediate death, and that he would
remain unconscious until he did die.

Dr. J. A. Sasser, who was assisted by Dr.
Thomas, testified that it took approximately
two hours to reconstruct the bone frag-
ments that came out of the hole in the skull,
and it was his opinion that after recciving
such a wound the deceased never moved
and never spoke again..

Section 1017 of the 1942 Code provides
that where a person is struck within the
limits of this State and dies from the wound
beyond the limits of the State he shall be
subject to indictment, trial and punishment
in the County in which the stroke was
made.

76 SOUTH EASTERN REPORTER, 2d SERIES

Section 1018 of the 1942 Code provides
that where a person within the limits of this
State shall inflict an injury on a person,
who at the time is beyond the limits of this
State, or where a person beyond the limits
of this State shall inflict an injury on a
person within the limits of this State, and
such injury causes death, in either case the
person causing such death shall be subject
to be indicted, tried and punished;\ in the
first case, in the County in this State where
the person inflicting the injury was at the
time when the same was inflicted; and, in
the second case in the County in which the
injury was received.

Section 1019 of the 1942 Code provides
that where a fatal injury is inflicted by a
person within the bounds of one County of
this State on a person within the bounds of
another County, and death shall ensue
therefrom, and the party dies in this State,
indictment, trial and punishment shall be
the same as if the homicide had been com-
mitted altogether within the County where
the party dies; and where the party dics
without the jurisdiction of this State, in-
dictment, trial and punishment shall be the
same as if the homicide had been completed
in the -County where the injury causing
death was reccived.

Section 1020 of the Code provides that
when a fatal wound is inflicted in one coun-
ty and the victim dies thereof in another
county the person inflicting such wound
may be indicted and tried in either of such
counties.

It will thus be seen that where a fatal
blow is struck in one county in this State
the person inflicting the fatal wound may be
tried in said county whether the victim dics
in that county or in another county within
this State, or in some other State. In other
words, the county where the fatal blow was
struck is the proper venue for the trial of
the person inflicting such fatal wound,
whether the victim dies in the same county
where the wound was inflicted or in anoth-
er county, or outside of this State.

The exceptions embraced in the sixth
question must, therefore, be overruled.

[14] The seventh question involved, em-
bracing exceptions twenty-five (25) and

STATE v. GANTT S.C. 681
Cite as 76 S.H.2d 674

twenty-six (26), is whether or not the Trial
Judge sufficiently covered the right and
privilege of the jury to recommend mercy
for the appellants and to recommend mercy
for one and not the other, if both were
found guilty.

We have carefully studied the charge of
the Trial Judge and find that there is no
merit in this exception. The charge of the
court on this point was clear and explicit.

We have also carefully studied the record
as a whole in this case and can find no er-
ror therein which would warrant a reversal.
Therefore, for the reasons hereinabove
stated, the verdict of guilty and sentence
imposed is affirmed.

BAKER, C. J., and STUKES, J., concur.
TAYLOR and OXNER, JJ., dissent.

OXNER, Justice (concurring and dis-
senting).

I am in accord with the majority opinion
in the decision of all questions except that
relating to the failure of the Court to sub-
mit to the jury by appropriate instructions
the question of venue.

Every indictment for murder must con-
tain allegations as to the place of assault
and the place of death. State v. Platt, 154
S.C. 1, 151 S.E. 206. Not only must these
essentials be alleged, but they must be prov-
ed. State v. Rector, 158 S.C. 212, 155 S.E.
385. In the indictment on which appellants
were tried, it is alleged that in Horry Coun-
ty they inflicted upon the body of Robert
Daniel Oliver “one mortal wound, of which
said mortal wound the said Robert Daniel
Oliver then and there died.” It will be noi-
ed that both the place of the assault and the
place of death were fixed in Horry County.
These facts were put in issue by the plea of
not guilty interposed by appellants. The
burden was upon the State to prove these
allegations.

In undertaking to prove the foregoing
elements, the State relied largely, if not al-
together, upon several confessions obtained
from each of the appellants in Pennsyl-
vania. They are conflicting as to the place
of the assault and the place of death. From
these confessions, when considered in con-

16 S.E.2d—43%

nection with the medical testimony offered
by the State, it could be reasonably inferred
that the deceased was struck in the head
with a pistol in Horry County and that the
wound there inflicted was sufficient to cause
almost instant death. On the other hand,
they also reasonably warrant a conclusion
that the deceased was alive in the trunk of
the car when appellants left South Carolina.
Gantt did not testify. ‘The other appellant,
Gainey, testified positively that the deceased
was both struck with a pistol and shot at
Wadesboro, North Carolina. Under this
conflicting evidence, it was for the jury to
determine the place of the fatal assault and
the place of death.

In the fair and able charge of the trial
Judge, there is no reference to the disputed
issue of venue. He fully covered all the
essential elements of the offense of murder
and the jury was carefully instructed that
these must be established beyond a reason-
able doubt. But so far as the record dis-
closes, during the charge the indictment
was not read to the jury, nor was the alle-
gation contained therein with reference to
the place of the assault and place of death
called to their attention. Nowhere in the
charge do J find that the jury was instruct-
ed, either directly or by implication, that the
burden was upon the State to establish the
place of assault and the place of death as
alleged in the indictment. The general
charge with reference to the crime of mur-
der was insufficient. The locus of a crime
is not a part of the crime itself. Where the
facts relating to venue are undisputed, an
instruction with reference to this aspect of
the case is perhaps unnecessary. But here
it was a vital issue. It went to the jurisdic-
tion of the Court.

Certain statutes are set out in the major-
ity opinion with reference to the place of
trial where a person is assaulted in one
county and dies in another county or anoth-
er state, but as pointed out in State v. Cole-
man, 17 S.C. 473, these statutes did not
make any change in the rules of criminal
pleading nor, I may add, in the rule that the
State must prove the essential allegations
contained in the indictment.

It is stated in the brief of counsel for ap-
pellants: “Before the Judge charged the

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appeals, in which propositions of law do not
arise, we cannot interfere.” In dismissing
an appeal from an Order granting a new
trial, the Court in Bowman v. Harby, 109
“S.C. 396, 96 S.E. 144, said: “It is too plain
for discussion that, under our decisions, the
order is not appealable, because the new
trial was not granted solely upon a question
of law, but involved a consideration of the
facts and the conduct of the trial.” Sellars
v. Collins, 212 S.C. 26, 46 S.E.2d 176.

It is unnecessary to reiterate or comment
further upon the foregoing Order other
than to say it is in detail and beyond ques-
tion based solely on the facts of the case as
stated in the first paragraph thereof: “Aft-
cr careful consideration of the matter I
have reached the conclusion that I should
deny the motion on the legal grounds but
that I should grant the motion on the
ground that the verdict is contrary to the
evidence and the greater weight thereof.”

We are of the opinion that the Order
being based upon the facts of the case, all
exceptions should be dismissed and the Or-
der appealed from affirmed.

BAKER, C. J. and FISITBURNE,
STUKES and OXNER, JJ., concur.

223 S.C. 431
STATE v. GANTT et al.

No. 16747.

Supreme Court of South Carolina,
May 20, 1953.

Murder prosecution. The General Sessions
Court, Horry County, G. Badger Baker, J.
entered judgment of conviction, and defend-
ants appealed. The Supreme Court, Pruitt,
A. A. J., held, inter alia, that although cer-
tain jurors stated that they had formed an
opinion as to the innocence of defendants,
since such jurors also stated that they could
give the state and defendants a fair and
impartial trial without being affected in the

76 SOUTH EASTERN REPORTER, 2d SERIES

slightest degree by their opinions, the court
did not err in refusing to dismiss the jurors
for cause.

Affirmed.

Taylor and Oxner, JJ., dissented in part.

1. Criminal Law €=1130(2)

Where appellants did not include re-
fusal of trial judge to grant motion for
change of venue in questions involved on
appeal from conviction, objection to such
refusal was abandoned.

2. Criminal Law €>126(1)

Record failed to show abuse of discre-
tion by trial judge in refusing to grant mo-
tion for change of venue made on ground
that defendants could not obtain fair and
impartial trial.

3. Jury G=103(3)

Where juror stated that, notwithstand-
ing opinion that he had formed as to de-
fendants’ guilt or statements that he had
made as to what should be done if defend-
ants were found guilty, he could render a
verdict based solely upon evidence adduced
at trial, qualification of juror to serve was
matter very largely in trial judge’s discre-
tion.

4. Criminal Law €=1166'/2(8)

Although trial judge refused to dis-
miss juror for cause, where judge later
stood juror aside, thus restoring to defend-
ants an additional challenge, they were not
in a position to complain about failure to
dismiss juror for cause.

5. Jury ©>138(3)

Where defendants did not exhaust
their peremptory challenges, they were in
no position to complain of trial judge’s re-
fusal to dismiss certain jurors for cause.

6. Jury C103(3)

Although jurors stated that they had
formed and expressed opinions as to guilt
or innocence of defendants and that it
would require evidence to remove such
opinions, where they stated that they
could give defendants a fair and impartial
trial without being affected in the slightest
degree by their opinions, trial judge did not
err in refusing to dismiss jurors for cause.

STATE v. GANTT 8.C. 675
Cite as 76 S.E.2d 674

7. Criminal Law €=339
Homicide >163(2)

Testimony in murder prosecution re-
lating to size, weight and age of the victim,
type of work in which he was engaged, his
occupation, and time when last seen, and
identifying watch as being his property,
which watch was found on arm of defend-
ant when he was arrested, was an essential
link in chain of circumstances, and court
did not err in refusing to strike the testimo-
ny as being incompetent and irrelevant to
issues involved.

8. Witnesses €=270(2)

In murder prosecution, questions asked
F.B.I. agent by defense counsel, who de-
sired to,bring out any circumstances which
may have induced government agents to
think that victim was not dead when he was
carried across state line, as to witness’ idea
of federal law charging persons with crime
of kidnapping and as to his knowledge of
federal kidnapping statute were properly
ruled out.

9. Homicide >142(7)

Indictment charging that defendants
with a pistol and blunt instruments did as-
sault, strike, hit, beat, bruise, and wound
deceased, fully apprised defendants that the
state would undertake to prove that they,
among other things, had shot deceased with
the pistol, and, therefore, evidence of
shooting and gun shot wounds on deceased’s
body was admissible under the charge con-
tained in the indictment.

10. Criminal Law =1036(1!)

Where certain prosecution witnesses
had been permitted to testify without ob-
jection as to bullet wounds on deceased's
body, defendants could not successfully
complain that evidence of shooting and gun-
shot wounds on deceased’s body was not ad-
imissible under charge contained in indict-
ment.

11. Criminal Law C1044

Under rule of in favorem vitae, record
in capital case is scarched for prejudicial
error, whether or not it was subject of ap-
propriate request, objection or motion in
trial court, and, therefore, Supreme Court
would determine whether trial court in mur-

der prosecution had committed prejudicial
error in failing to charge that state must
prove that deceased was killed in Horry
County and that he died in such county, as
alleged in indictment, though defendants
had not requested charge on such point and
had made no motion for directed verdict for
failure of proof of facts alleged in indict-
ment. :

12. Criminal Law €=772(4)

Where indictment charged that defend-
ants had killed deceased in Horry County
and that deceased had died in such county,
and jury was instructed that state had bur-
den of proving guilt beyond reasonable
doubt, in view of fact that jury had indict-
ment before it, court did not err in failing
to charge that state must prove that de-
ceased was killed in Horry County or that
mortal wound was inflicted in such county.

Code 1942, §§ 1017-1019.

13. Criminal Law @=112(6)

County where fatal blow was struck is
proper venue for homicide prosecution of
person inflicting fatal wound, whether vic-
tim dies in the same county where wound
was inflicted or in another county, or out-
side the state, and, therefore, county where-
in deceased was killed and died was proper
venue for murder prosecution. Code 1942,
§§ 1017-1019.

14. Homicide €=311
In murder prosccution of two defend-
ants, instructions sufficiently covered right
and privilege of jury to recommend mercy
for defendants and to recommend mercy for
one and not the other, if both were found
¥

guilty.
copia aipiiaepisien

J. Ralph Gasque, Marion, H. E. McCas-
kill, Conway, for appellants.

Solicitor J. Reuben Long, Conway, for
respondent.

PRUITT, Acting Associate Justice.

The appellants were tried and convicted
of the crime of murder at the June, 1951,
term of the Gencral Scssions Court for
Horry County, and sentenced to be electro-
cuted, as provided by law.

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676 «B.C.

Before the trial the attorneys for the ap-
pellants made and argued a motion for a
change of venue on the ground that the ap-
pellants could not obtain a fair and jmpar-
tial trial in Horry County.

[1,2] This motion, after the taking of
testimony and hearing arguments, was over-
ruled by his Honor, Judge G. Badger Baker,
the Trial Judge, and this refusal is the ba-
sis for the first exception on this appeal,
but the attorneys for the appellants have not
included this matter in any of the questions
involved, and it is, therefore, deemed aban-
doned. However, in view of the serious-
ness of this case, we have carefully consid-
ered the showing made by the appellants,
and that made by The State, and no abuse
of discretion is shown. To the contrary, we
think the Trial Judge eminently correct in
his refusal of the motion.

In the case of State v. Woods, reported
in 189 S.C. 281, 1 S.E.2d 190, 199, Mr. Jus-
tice Baker, in his dissenting opinion, de-
clared, with reference to the disposal of a
motion for a change of venue:

“But aside from this, even had the
trial Judge entertained and refused the
motion it was within his judicial dis-
cretion; and in order to reverse such
ruling it would have to appear that he
exercised this judicial discretion in an
arbitrary manner, which we could not
do on the record herein.”

The rules of this Court, require that the
brief of appellants shall be preceded by a
statement of the questions involved, and the
appellants having set out in their brief sev-
en questions as embracing all of the ex-
ceptions, we shall now consider these ques-
tions in the order in which they appear in
their brief.

[3,4] The first question embraces ex-
ceptions 1, 2, 3 and 4, which, together, al-
lege error on the part of the Trial Judge
during the empannelling of the jury. When
the juror, Jérncst W. IHucks, was presented
and examined he stated, in substance, that
he had formed an opinion as to the guilt or
innocence of the defendants, this opinion
being made up from newspapers, and that
it would require evidence to remove this
opinion from his mind, but that he could

76 SOUTH EASTERN REPORTER, 2d SERIES

give The State and the defendants a fair
and impartial trial, based solely on the tes-
timony to be produced. He further said
that he was not conscious of any bias or
prejudice for or against the defendants.
The court then declared this prospective ju-
ror qualified; but upon cross examination
by Mr. Gasque, the juror stated that he had
expressed this opinion on numerous occa-
sions, and that he had stated what he
thought should be done to the appellants if
they were found guilty. Upon further ques-
tioning by Mr. Gasque and by the court, the
court refused, at that time, to dismiss this
juror for cause; but later, while the jury
was still being empannelled, the Trial Judge
announced that he would stand aside this
juror, thus giving the appellants an addi-
tional challenge. We do not see how this
could possibly have prejudiced the rights of
the appellants. Had the Trial Judge stood
by his first impression, it was very largely
a matter in his discretion, as the juror had
stated that, notwithstanding any opinion
that he had formed, or any statements that
he had made, he could render a verdict
based solely upon the evidence adduced at
the trial. Certainly, when his Honor later
stood this juror aside, thus restoring to the
appellants an additional challenge, they are
not in position to complain about it.

[5,6] The second question embraces ex-
ceptions 7, 8 and 9, which question the con-
duct of the Trial Judge in failing to ex-
cuse, for cause, the jurors, E. R. McIver
and George Magrath. We have carefully
considered the record, and the juror, E. R.
McIver, stated upon examination that he
had formed and expressed an opinion as to
the guilt or innocence of the appellants, that
it would require evidence to remove this
opinion from his mind, but that he thought
he could give the appellants a fair and im-
partial trial without being affected in the
slightest degree, by this opinion; but based
entirely upon the evidence adduced.

Now, the prospective juror, George Ma-
grath, stated under examination that he had
formed and expressed an opinion as to the
guilt of the appellants, but that it would not
require evidence to remove this opinion
from his mind, and that he could give The

”"

STATE v. GANTT S.C. 677
Cite as 76 8.H.2d 674

State and the appellants a fair and impar-
tial trial without being affected in the slight-
est by his opinion, The court declared this
juror qualified, and Mr. Gasque said:
“swear him”.

In the first place, the record shows that
although the appellants were entitled to
twenty challenges, they exercised only eigh-
teen of them.

In the case of State v. Hayes, reported
in 69 S.C. 295, 48 S.E. 251, the court, speak-
ing through Mr. Justice Woods, declared:

“The law does not require that a ju-
ror should be perfectly free from all
impressions and opinions as to the is-
sue. Whether these jurors were indif-
ferent in the cause was for the determi-
nation of the circuit judge. The opin-
ion of the court in State v. Williamson,
65 S.C. 242, 43 S.E. 671, is decisive of
all questions here made as to the im-
partiality of the jury. But, aside from
this, the defendant did not exhaust his
peremptory challenges, and therefore is
not in a position to avail himself of er-
ror in overruling challenges for cause.
State v. McQuaige, 5 S.C. 429; State v.
Anderson, 26 S.C. 599, 2 S.E. 699.”

We do not see any error on the part of
the Trial Judge as charged in the excep-
tions embraced in question 2.

[7] The third question involves the
tenth exception, which is as follows: “His
Honor erred in refusing to strike the testi-
mony of the witness, Doris Eliza Benton,
as being incompetent and irrelevant to the
issues involved.” We fail to find anything
in the record to support the contention of
appellants that the testimony of this witness
should have been struck out on the motion
cf one of the attorneys for the appellants.
The motion of Mr. Gasque was to strike out
all of the answers of this witness as being
incompetent and irrelevant to the issues in-
volved. The testimony of Miss Benton was
an essential link in the chain of circum-
stances. As pointed out by the Solicitor
in his brief, Miss Benton testified as to the
size, weight and age of the deceased, and.
the type of work in which he was engaged.
She testified that he was a taxi driver, she
told when she had seen him last, and about

his failure to fill a date with her on the
morning after his disappearance. She also
identified a watch as being the property of
the deceased, this watch having been found
on the arm of the appellant, Gantt, when he
was arrested in Pennsylvania. We see no
merit in the question raised by exception
10, which is embraced in question 3.

[8] The fourth question embraces the
eleventh exception, and this exception al-
leges error on the part of the Trial Judge
in refusing to allow appellants’ counsel to
question the witness, Leslie A. Haugen, F.
B. I. Agent, as to his idea of the Federal
Law charging persons with the crime of
kidnapping, and as to his knowledge of the
Federal Kidnapping Statute. We think the
Trial Judge was entirely right in ruling out
questions of this nature, and this did not
prevent the attorneys for the appellants
from asking this witness questions concern-
ing any facts that he knew to exist con-
cerning the case.

It appears from the brief of counsel for
appellants that in asking these questions it
was desired to bring out any circumstances
which may have induced the agents of the
Federal Government to think that the de-
ceased was not dead when he was carricd
across the State line. It does not appear
how an answer to the question which was
ruled out could possibly throw any light up-
on this subject. The ruling of his Honor
did not, in any wise, prevent the attorneys
for the appellants from asking about any
questions of fact which they might have
wished to ask. This exception is overruled.

[9,10] The fifth question embraces ex-
ceptions 15, 16 and 17. These exceptions
allege error on the part of the Trial Judge
in admitting evidence of shooting and gun
shot wounds on the body of the deceased
under the charge contained in the indict-
ment.

The indictment charged that the appel-
lants “with a pistol and blunt instruments
did assault, strike, hit, beat, bruise and
wound * * *” etc. The confessions
made by the appellants stated that the de-
ceased had not only been struck on the head
with a pistol but also that he had been shot
with the pistol. The testimony of the phy-

oe oo

678 «S.C.

sicians who performed the autopsy showed
that the skull of the deceased contained a
large fracture and several bullet holes.
Since the indictment charged appellants
_with having used a pistol and blunt instru-
ments in causing the death of the deceased,
and since it also charged that with these
they did assault, strike, hit, beat, bruise and
wound the deceased, we think the appel-
lants were fully apprised by the indictment
that The State would undertake to prove
that the appellants did, with the pistol, as-
sault and wound the deceascd, and we
think this would include shooting him with
the pistol. However, there was ample tes-
timony from which the jury could have con-
cluded that the blow struck with the pistol
in Horry County, and independent of the
deceased having also been shot with a pis-
tol, resulted in decedent’s death.

When we turn to the testimony com-
plained of by the appellants we find that the
witness, G. H. Studebaker, testified, at page
149 of the transcript, fully about the bullet
wounds before any objection was made by
Mr. Gasque. The witness, Dr. L. J. Pace,
testified at page 156 about the bullet wounds
without any objection on the part of the at-
torneys for the appellants. The witness,
Dr. Thomas, testified at pages 178 and 179
about the bullet holes in the skull without
any objection on the part of the attorneys
for the appellants, and the witness, Dr. J.
A. Sasser, testified at page 191 about the
bullet holes without any objection being
raised. For all of the reasons herein indi-
cated, these exceptions embraced in ques-
tion 5 are overruled.

[11-13] The sixth question embraces
exceptions 20, 21, 22 and 23, and is stated by
counsel for appellants, as follows:

“Did his Honor err in failing to
charge that the State must prove that
the deceased was killed in Horry Coun-
ty, South Carolina, or that the mortal
wound was inflicted in Horry County,
South Carolina?”

The indictment charged that the assault
(described in the quotation hercinabove
from it) was committed in Horry County
and that the victim, quoting again from

76 SOUTH EASTERN REPORTER, 2d SERIES

the indictment, “then and there died”, of
which there was ample evidence. The ap-
peal record contains no refused request to
charge which was pertinent to this question
and there was no motion for directed ver-
dict for failure of proof of the facts al-
leged in the indictment. In a case other
than one involving capital punishment this
would suffice to dismiss the question, but in
a capital case and under the applicable rule
of in favorem vitae the record is searched
for prejudicial error, whether or not it was
the subject of appropriate request, objec-
tion or motion in the trial court. Carefully
considering the necessarily lengthy charge
as a whole, we find no prejudicial error of
omission or commission, particularly be-
cause it was received by the jury in connec-
tion with the allegations of the indictment
which no doubt was read to them, and which
they, of course, had before them in their
deliberations. The jury were not instruct-
ed as explicitly upon the point as counscl
now contend they should have been. How-
ever, they were instructed, in part, as fol-
lows:

“Both defendants have plead not
guilty. By this plea they placed the
burden of proof upon the State of
South Carolina to prove their guilt,
and to prove it beyond a reasonable
doubt. This plea of not guilty allows
the defendants, and each of them, the
benefit of any and every defense found-
ed upon the evidence or arising out of
the evidence.

“Therefore, I charge you at the very
outset that the burden is upon the State
of South Carolina to prove the guilt of
the defendants beyond a_ reasonable
doubt before they, or either of them,
can be convicted of murder or of man-
slaughter.

“They are presumed to be innocent.
The defendants come into this court
clothed with the presumption of inno-
cence and this presumption of inno-
cence continues throughout the entire
trial of this case unless and until it is
removed by evidence satisfying you of
their guilt beyond a reasonable doubt.”

STATE v. GANTT S.C. 679
Cite as 76 S.E.2d 674

Further on in his Honor’s charge he said:
“It is your duty, it is my duty, in our

respective spheres to see to it that the
State and the defendants have a fair
and impartial trial, remembering that
the defendants are entitled to the bene-
fit of each and every and any reasona-
ble doubt on any and every phase of
this case. If you have a reasonable
doubt as to whether the defendants are,
or either of them, are guilty or not
guilty, it would be your duty to acquit
him or them as the case might be.”

The defendants were charged with the
murder of Robert Daniel Oliver, a cab-driv-
er, of Myrtle Beach, South Carolina. They
signed several confessions regarding the
details ef the homicide, each of which would
show nfurder in its most sordid aspects, and
with revolting details. It appears that the
appellants, who were working at different
places in Myrtle Beach, stole from the place
of business of Mr. Saleeby, for whom Shel-
ton H. Gainey worked, two pistols and start-
ed out in the night time to steal an automo-
bile; that at about midnight on Saturday,
June 25, 1949, they ostensibly employed the
deceased to take them in his taxi-cab to an-
other beach in Horry County, South Caro-
lina, not far removed from Myrtle Beach,
but that on the way they required the de-
ceased to turn into another road. The ap-
pellant, Shelton Gainey, signed a confes-
sion, dated June 30, 1949, in which he said:

“The driver took us almost to Ocean
Drive Beach (which is in Horry Coun-
ty, South Carolina) when he told him to
stop. I don’t remember just what hap-
pened then. He did stop and got out.
I remember striking at him and hitting
him with a .22 calibre revolver I had
in my hand. The driver went to his
knees, but I don’t think he was uncon-
scious, We then put him into the trunk
of the car and locked it. I got be-
hind the wheel and drove back to Myr-
tle Beach for our grips. We then head-
ed north. I recall going through Mul-
lins South Carolina, and I believe we
got gas there. We talked about what
to do with the man. We decided to get
away from the beach, and then get rid
of the body.”

The appellant, Lander Ray Gantt, signed
a confession on June 30, 1949, in which he
stated:

“The cab-driver drove for a time and
then Gainey and I pulled guns on him,
We told him to drive off on a side road.
We both told him to get out. He got
out and while I held a gun on him Tom-
my searched him. Tommy took his
billfold and handed it to me. I took
the money out of it. There was about
forty or forty-five dollars in it. I took
his wrist watch off. Tommy took ev-
erything the man had in his pockets.
After we had finished the search Tom-
my hit the man on the head with a
twenty-two revolver. I saw Tommy
swing and the gun hit the man and he
went down. We both picked the body
up and put it into the trunk of the car.
The key was in the lock on the trunk
door. We locked the door and as I re-
call it Tommy kept the key. We then
went back and picked up our suitcases
or grips in the car. Tommy was driv-
ing. I don’t know the route he took
but our plan was to go north. We
talked about what to do with the body.
We decided to put it out up the road
some place, and Tommy said he knew a
good place to put it.”

The appellants, on June 30, 1949, each
signed other written confessions, which in-
clude statements practically identical with
those quoted above. Later they made con-
fessions in which they undertook to desig-
nate different locations as to where the de-
ceased and the appellants were when the
deccased was struck on the head with the
revolver.

The badly decomposed body of the de-
ceased was found a short distance from the
road about five miles west of Princetown,
West Virginia, about seven o’clock on the
evening of July 1, 1949, the body being
covercd with maggots. The appellants
were arrested at Rocktown, Pennsylvania,
about 9:45 o'clock, p. m., on June 29, 1949,
travcling in the taxi-cab of the deceased,
and the wrist watch, taken from the de-
ceased, was found on the wrist of the ap-
pellant, Gantt.

Prary

IPA PREAe hi

RT aes

ve a, ree fanadins

sae,

—————<—$—
Se

Beg ag aang Crane n epee
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ce Sg I lg las Sw

—— i

Seas Wek eee SRT TE ae aN

~ Peewee Planted Dead Bodies

SS eae

» there to look-for work, Gaskins first said, .
but later amended this to say he had been. ©
* going to look for Kim Ghelkin, whom he
~ had been told had gone to that deep south

area.

‘Information was soon in from

~-.Williamsburg County that the man in

Sumter County’s slammer was no

"> stranger to the inside of a jail, having
-. begun his dubious career at the age of 13
“-.with an alleged axe attack on the

daughter of a neighboring farmer. His
youth had undoubtedly got him out of

s “that one without too much trouble, but
~ Gaskins’ ensuing record was long and in-

‘volved. None of it looked very violent,
however, except for the first notation.
In jail in Sumter, Gaskins still denied
knowing the whereabouts of Kim
Ghelkin or anybody else, and generally
kept his own counsel. Maybe it would be
a good idea, lawmen agreed, to get up
with Walter Leroy Neely, estranged hus-
band of the missing Diane Bellamy Nee-

‘ly, brother-in-law to the missing Dennis

Bellamy and John Henry Knight, and
close friend of Gaskins. They found the
man without much trouble, and he seem-
ed much more willing to converse than
did the tactiturn Gaskins.

Why had he been telling wild stories
about Gaskins having “contracts to kill”
and “private graveyards,” detectives
wanted to know of the sad-eyed, weak-
featured Neely.

The man’s reply was that these had not
been “wild stories” and that there was in-
deed a private graveyard. Detectives
professed not to believe the man, but he
countered by offering to show them the
place. ‘

Late in November, Walter Neely led
Williamsburg County officers to a patch
of woods in their jurisdiction which look-
ed like the place to him. They started to
dig, but came up with nothing. Long
metal rods were used to probe the rich
black soil, but their tips came up smelling
of nothing worse than rotting leaves.
Before they quit, there were about sixty
gaping holes in the ground and a whole
lot of officers who were glad they had not
chosen ditch-digging as an occupation.
Among them were none other than
Stoney and Green, the two juvenile of-
ficers from North Charleston. They had
searched everywhere else for their miss-
ing persons, and now they were hunting

} | around underground.

Despite the futility of their efforts thus
far, there was something in the
earnestness of Neely’s manner that con-

vinced the investigators that the man did :

know the whereabouts of buried corpses.
Patiently, they went over the thing with
him again, and now something new oc-
curred to him. He believed the graveyard
had been in the Big Lake Swamp area of
Florence County, just across the line and

“not far from sprawling Black Mingo Plan-

continued from page 34

tation.

That got Florence County Sheriff
‘William Barnes into the act, with a large
contingent of hisown men equipped with
shovels. In an area of scrubby woods not
far from the rotting foundation of a house
where Donald Gaskins had lived as a
child, the digging began again. Although
a chill November wind was blowing, the
faces of lawmen borea sheen of perspira-
tion from the hard work.

The area settled on was abouta mile off
South Carolina Route 341 on a little-used
dirt road, 12 miles southeast of Lake City
and four miles west of Johnsonville. The
property belonged to a large lumber
company.

Sheriff William C. Barnes now headed
up the investigation, with assistance from
Williamsburg County Deputy Glen Ard,
and Stoney and Green, assigned by Chief
Simmons in North Charleston to stick like
glue. Florence County Deputies Russell
Cox and Johnny Timmons were on hand,
too, along with numerous other
policemen. On Thursday, December 4th,
a contingent of two dozen agents from
the South Carolina Law Enforcement
Division (SLED), arrived with shovels in
hand. They also had a lot of complicated
equipment designed to find bodies under
the ground, and quickly fell to sifting dirt
through screens to see if, they could come
up with a tell-tale piece of bone or a but-
ton. They split up into teams and walked
over the area, looking for anything un-
usual. About one o'clock the long-
awaited shout went up from a grove of
trees near a soybean field. A team work-
ing there had found something they
wanted to show the others. _

On the leaf-strewn ground wasa slight
depression, sunken at each end. On top of
the suspicious oblong was a cover of
dried brush which, on first examination at

_ that time of year, sprpesd to be natural.

It was not. One of the lawmen reached
down and pulled a piece of dried vegeta-
tion out of the depression. There was no
roots on it. The piece of shrub had been
cleanly cut off and stuck down into the
ground. Near one end of the sunken area,
someone had stuck a sharpened sapling,
like some sort of weird marker.

After that it went very fast. With
precise, shallow strokes, the earth was
removed until the shape of a body, or
bodies, could be seen. Then a call was put
in for Dr. Joel Sexton, Chief Medical Ex-
aminer for the state of South Carolina, to
come in from Charleston with his team.

Meanwhile, Florence County Coroner
William T. Eaddy had come to the scene.
An awful odor emanated . from the
already uncovered grave where two
bodies, apparently both male, had been
stacked one atop the other. Both seemed
to be fully clothed, except for shoes.

Meanwhile, another such grave had
been found, similarly camouflaged and

ae
marked with a sapling, about 25 yam!
“from the first one. Like the former,
second grave was only about two;
deep and contained two bodies
The work continued, culmin ing
the discovery of still another graveg
two more corpses. When they
out, it appeared that the tally
males and two females, all in anad
.state of decay. It was the opinion t
investigators, from clothing wom}
pair of male corpses in the first gravel
these were the two half-brothers, Demi
Bellamy and John Henry Knight. Osed
the female corpses was clad ina diy)
gray fur coat that might once have bag}
white, and a pair of white, high-hee
boots. This was the clothing described
having been worn by Diane Be
Neely when she was last seen by relating
As to who the other woman and

$50.00...yes, e
of easy spare-
sational, SELL-

men were, detectives had at present =
the foggiest notion. They would biel customers a
identified, however, as 35-year-old Avy a PROFIT on eve
Leroy Howard, a North Charlestoome

with whom Diane Neely had been keg’ WP? Imagine a business you

special experience or t
doesn’t require you t
: own money...a busin
© the simplest kind of selling
pect that you can literally c:
purse — BUT a business
m report pays them PROF
f $100.00 for a single hour «
4» Sounds impossible, doe:
fact, if you'll mail the c
oy in this — witl
4 these fantastic pro!
iecday! 2

@ OVER 200 FAST-SEl
> OF MEN’S AND WOME

” Merlite Industries, a fa:
MSelling for over 25 years, |
Scomparable collection of th
Stifal jewelry: rings, earrin;
accessories, gift iter
sell FAST.
© There are dozens of sty]:
Plows Merlite DIA-SIM®, the
-¥diamond that’s so brilliant,
» beautiful that only a
ae wy it’s not a real diam
$1,500.00 per cara
friends the seneny -
$21.00 per carat, hand-s
nting!
(> In addition to the DIA-
ukeetion includes every othe
in natural or high-fic
pralds, rubies, garnets,
dozens of others. Thes
ted in luxurious, desi
WOK filled gold, 18K he:
‘solid sterling silver.
wtlite Jewelry looks very,

ing company around the time of herd
appearance; 22-year-old Jesse Judy, wik
of a handsome, bearded young manws
was a sometime associate of Donald Gy
kins; and Johnny Sellars, with whom
Judy couple resided. Sellars, too, bal
been well acquainted with Gaskins Te
36-year-old Sellars’ body was in a
together with that. of Mrs. Judy,
Diane Neely had been piled intoag
mon grave with her boyfriend, Howad
Official theories concerning the
ple murders were numerous. Althogh
thorough autopsies would be requinds
identify the bodies and determine t
manner in which each had been kid
was Dr. Sexton’s opinion that each bl
been shot or stabbed. From a body bar ‘j
identified as that of Dennis Bellamy, :
learned pathologist would recovers
bullet that was in good conditioa,«
sidering its long exposure to the flu:
decaying corpse. m '¢
The search of the area was widened
an effort to determine if the full bud:
count was in. It was not. On December
8th, an office walking over an area nam
watery spot called Alligator
stepped onto a spot of ground that cam i
in under his boot. It was another gam
This one contained the nearly skeletl
remains of another female. The body lal
been encased in something like a
garbage bag and covered over with: ps start at just $6.00 -
dust. a atyles sell for $30.00 or less
Not far away from this grave we: Rise.
another, much smaller one. It held ne gust BHOW .
remains of a small child, thought tobe, eee ME you're interested he
female between the ages of two and fag. ; nod Scary te 7
years. It would be a month before they
skeletal remains were identified a
year-old Doreen Hope Dempsey Gah)
dings and her four-year-old daugiiat,
Robin Michelle Dempsey, missing sai
1973. Investigators would later learatit
Doreen Geddings had _ been, caja

ah «

——— : cate SL cs

“Are saved

- friendly terms with’ Donald-Gaskins‘and> “7

his wife. She had left her family home in.

am to North ©
+ Charleston ‘for the purpose: of assisting

- 1973, reportedly to ‘go’

Gaskins’ wife, who was expecting a baby.

Mrs. Geddings’ family had never seen

Doreen or her little girl again. Gaskins, in
this as in every other case where one of his
associates turned up missing, had denied

any knowledge of the whereabouts of the

woman and her tiny child.

‘Identification moved along slowly,

mostly with the aid of dental charts, x-
rays, clothing and what-have-you. One

___ thing,-howeve, had been quickly proved

- by ballistics experts at SLED in Colum-
~ bia. The bullet takén from Dennis
Bellamy’s body had come from the .32

caliber Beretta, pistol taken off Donald

_ Gaskins by Sumter County. police.
As to the reasons for the murders of all

these. people, it was thought by many’ °

lawmen that several of the killings had
been done in connection with a loosely-
knit auto theft operation participated in
by Gaskins and others. There were some
detectives who believed, however, that
~ Gaskins and ‘one or more accomplices
. had simply murdered first one and then
the other as a favor to a person or persons
who wanted them dead, or, as in the case
of Doreen Geddings and her baby girl,
because he simply no longer had need of
them or feared they might reveal some in-
formation which could be troublesome to
him. Too,.he might have made a habit
of occasionally killing off one of his
rai, in order to keep the others in
ne.

It was clear frotiithe beginning that the
little’ man’s bag was. power, which he
managed to get in two ways; firstly, peo-
ple did what he told them because they
were aware they might be killed if they
‘ did not; secondly, Gaskins could be ex-
tremely generous with those who did as
he ordered, loaning them cars, money,
guns or anything else, including various
women who lived with him from time to
time...He had: reportedly. been” the
possessor of as many as five wives, and
had fathered several children, some of
whom were yw: wate others were

oa. mere tots:

' Gaskins himself: was allegedly an il-
” legitimate. child, bor into a rural com-
~munity where everyone knew who his ac-
tual father was, hence his dual use of the
names Parrott and Gaskins. The stigma of
~ bastardy, some investigators thought,
together with the man’s small size, might
have.combined to make him mean, His
obviously high intelligence might have
exaggerated his sensitivity, these legal
philosophers said. Other sleuths, more
cynical, retorted that they had known
criminals who had come from fine
families, stood over six feet high, and had
the faces of film stars, but had still been
» meaner than bull rattlesnakes. No, it was
something more than that.
“It’s a little like the Manson case,” a

N arth Charleston detective rept tot: “but

on a much lower level.”

A thoughtful observer might mention
the fact that Manson, too, had been bom
out of wedlock, and was a man of very
small physical stature. The, two had
something else incommon. Manson hada
talent for collecting young women. So
did Gaskins. Neither of them were at all
selfish about their sex partners, either, but
willingly shared them with friends not so
‘blessed with young bed mates.

While they theorized; North
Charleston officers were busy digging in
several areas wheré they believed Gas-
kins may have buried still more corpses,
but they did not find any. Apparently, the
man believed in keeping his dirty work

‘well away from the area where he nor-

mally worked and lived.

Florence County lawmen, meanwhile,
took their best-hold and went onto Gas-
kins for the murder of Dennis Bellamy.
Walter Leroy Neely was also charged
with this murder. It was later revealed
that another man, 23-year-old James K.
Judy, husband of the female victim Jesse
Judy, had been charged in connection
with the murder of Johnny Sellars, whose
body had been found in the grave with
that of Judy’s wife.

On May 24th, 12th District Solicitor

- Kenneth Summerford got his case un-

derway. It was largely based on a state-

ment made on December 4, 1975, by ,

Walter Leroy Neely, backed up by expert
forensic testimony and the evidence of
various witnesses, some of them friends

of the victim. One of the state’s witnesses.

was Gaskins’ own daughter, who, though
she gave damning testimony against her
father, said that he had always been good
to her.

According to Neely’s version of his
brother-in-law’s death, Gaskins had, in
October of 1975, told Neely to find
Bellamy and John Henry Knight and take
the two to his (Gaskins’) home in
Williamsburg County. Neely had located
the two at a bait and tackle shop and
driven them to Gaskins’ trailer near Lake
City.

Upon their arrival there, Gaskins had
taken Bellamy off to “test-drive” a car,
but had later returned alone, saying that
the car had run hot. Neely and the 15-
year-old Knight, who were waiting in
Gaskins’ trailer, were told that Bellamy
was at an old church in the area awaiting
assistance. The three of them had driven
in that direction together, Neely’s state-
ment read, but on the way Gaskins had
said he wanted to look for a strong tree
limb with which to pull motors out of
cars.. He, Neely and the unsuspecting
Knight had gotten out of the car and
walked a short distance into the woods.
He and Knight had been looking up into
an oak tree, Neely said, when he had
heard a sharp crack.

“Johnny fell backward on the ground,
and Pee Wee shined the light on his face,

™

and I could see what looked i
bullet came out.”

Then, the statement contiag
kins had directed his light bean
the other side of the tree, and
seen there the bloodied body al
Bellamy lying under a light scat
dried leaves.

Gaskins had removed Bellamy
Neely’s statement went on, and
them into the back of his vehicle)
a shovel and mattock from t&
place, the little killer had pick
shallow grave into which he had
the bodies of the two murderej
men.

Regarding the murder of h
Diane Bellamy Neely, Walter Na
he had known Gaskins planned
woman because she “knew too
him,” and had. warned her not
with him. Neely protested:m
knowledge of his wife’s murder,
he, along with Donald Gaskins,
charged by police in all eight 1

In defending himself, Gaskins
was Neely, not him, who had

~ Bellamy and Knight, brothers of

wife. The basis for Neely’s violeal
of Diane Bellamy Neely, §
testified, had arisen out of the de
child which had been born tod
couple. This child had died
tot, and it was Neely’s belief,q
said, that his wife had caused i
death by scalding. He had seen the
burns himself, Gaskins testified,
the child was buried. Neely
“real tore up about it,” Gaskins
the virulent hatred he had nu
wife, whom he had left, extende
relatives.

The jury didn’t buy it.On May A
Donald Henry Gaskins was fo

‘of wilful and premeditated m

der South Carolina law, th
sentence was mandatory,
however, the South Carolinas
Court invalidated the _ states)
statutes,. and Gaskins’ sente
changed to life imprisonment.’

On May 31, 1976, Walter Lem
went on trial on the same cha
much the same_ evidence.*
testimony that Neely had an IQ
and reacted much as a nine- of
old child might be expected t
man was convicted and sente
death. His sentence, too, was
ed to life imprisonment.

James K. Judy, on July 21,18
permitted to enter a guilty kala
charge of accessory after the fad
murder of Johnny Sellars. Und
Carolina procedures, this guj
accepted by the court, elimi
necessity for a trial. He was seni
serve ten years in prison, and
remained ignorant as to his eral
the crime.

Now, in April of 1977, Gaskins
the courtroom again.

. these meetings, which took place on sub-

equent dates,,Owens said, Later, the

witness continued, he had driven his wife

~ to meet Gaskins.on a dirt road behind a

- Lake City business firm, and had seen her

_ give the dark little mana thousand dollars
in large bills.

On the night of February 12, 1975, the
~ witness continued, he and his wife had
* met Powell and Gaskins at a store on U.S.
~ 378, near Lake City. They had all gotten
into Gaskins’ red Ford Cobra and driven

to Yates’ mobile home west of town. It
had been around midnight,
- recalled, but there was nobody home at
‘Yates’ trailer.
“Well,” Owens quoted an exasperated
Gaskins as having said, “that son of a
‘bitch ain’t never home!”
_ The foursome had then left, Owens
said, and gone to get some beer. It. was

well after midnight when they retumed |

to the area where Yates lived and parked
the red Cobra about a quarter-mile from
the prospective victim’s trailer. Gaskins,
armed with an automatic pistol and a ri-
“fle, had alighted from the car. together
>... with Powell, who had carried a long
“revolver. It had been his understanding,
* Owens said, that the two were going to

. abduct Yates from his home.

Under questioning, the witness ad-
mitted that he and his wife had been
scared. Once they had left the scene
briefly, but had returned because they
had decided, “If we don’t go back, they
will get us, too.” _

Eventually, the witness went on,

‘Powell and Gaskins had returned to the

- car dragging Barnwell Yates between .

* them. The captured. man’s hands had
~ been handcuffed behind his back, and he
was “sort of staggering, not fully alert.”
“They. shined a flashlight on him and
asked Suzanne if that was Yates, and she
nodded her head,” Owens testified. _.
The doomed man had then been lock-
“ed into the trunk of the car, Owens said,
‘and they had started off in the direction
“ of Roper’s Crossroads. Powell had been
muttering that he would kill Yates “for
biting his finger,” the witness recalled.
On the way to the burial site in
Williamsburg County, Owens said,
~-Powell and Gaskins had argued with
“Suzanne Owens as to whether Yates had
any money on him. The two men claimed
their victim had no money, while Mrs.
~ Owens had insisted that she knew he had,
Owens said. Owens said it was his un-
_derstanding that any money Yates had on
-~ him was to be included in the price for the
-_ killing, which had been set at three thou-
-sand dollars.
~ _ Gaskins and Powell had, in fact, been
» charged with robbing the wealthy farmer
“ of $700 or thereabouts.
Owens said Yates had been screaming
in the trunk of the car all the way to what
~ would be his burial site, but that Gaskins
~ had turned the car radio up so loud it had
drowned out their victim’s shouts. He and

Owens

‘his wife had been forced to lie down on
the back seat, the witness said, so they-
‘would not know where they were being

taken.

“I could hear Barnwell in the trunk
praying,” Owens told the court in a hush-
ed voice. “He said, ‘Oh God...Oh
Lord. ..’” :

When the car was finally stopped,

‘Owens said, Gaskins and Powell had;

dragged Yates from the trunk, cursing
him when he resisted them. They were
gone for about twenty minutes: before
Powell had returned to the car and told

Owens and his wife to accompany him to -

the freshly dug grave.

“Pee Wee was there with a. flashlight,”
Owens testified. “He shined it on
Barnwell. He was laying face up near the
grave with his‘ throat cut. There was
blood all over his shirt.”

While they gazed on the mutilated cor-
pse of the murdered Yates, Owens said,
Gaskins had told Suzanne that he had
questioned Yates about the sportscar in
question before killing him. According to
the witness, Gaskins had quoted Yates’
words just before his death as having
been: “I was only trying to help Suzanne.”

While he and his wife watched, Owens
continued, Powell had gone through the
victim’s pockets, taking money and other
items. Gaskins had taken a_ small
pocketknife. Powell had wanted to keep
the credit cards he found in Yates’ wallet,
Owens testified, but Gaskins firmly told
him he could not do that.

Gaskins and Powell had then placed
Yates face down in his grave, Owens said,
whereupon Powell had remarked, “The
one that had the pleasure of killing him
has to cover the grave up.” It was Gaskins,
Owens said, who had filled in the shallow
grave. .

‘When ‘they had returned to the car,
Owens. went on, Powell had pulled a
“foot-long knife” and wamed him and his
wife not to ever tell what had happened,
“or the same thing would happen tous.”

On the ride back, Owens testified, Gas-
kins had kept saying how hungry he was,
and how he planned to go home and geta
thick, juicy steak “with blood running out
of it.”

Several times after the night of the
murder, Owens. said, Gaskins had come
to the home he shared with his wife to ask
for more money. Finally, the witness said,
he had given his wife five hundred dollars
to give the dangerous little man and that
had apparently ended the matter.

The original thousand paid Gaskins,
plus the seven hundred police say he stole
from the murdered Yates and the five
hundred paid after the murder would
have brought the amount of $2,200 of the
$3,000 allegedly agreed upon while the
killing was in the planning stages.

After Owens had left the stand, SLED
Agent Henderson again offered
testimony, this time referring to a long
and greatly edited and unsigned state-

: youthful Owens.

ment he said was made by Gaskingy
December 2, 1976. This was still aul
version of the killing, one whid
plicated a relative by marriage of
kins. Henderson, chief investigaordy he
case, said lawmen were satisfi
man named by ‘Gaskins as haviegll
present at the murder scene had noth
involved in the crime at all. ~
On Friday, Owens found himsel
on the stand and undergoing a blistedg
cross-examination by former U.
torney J. K. Grisso, one of the two
defending Gaskins. Grisso began bya}
ing the youthful defendant if his re genera
had been present when he had tl — 4
with lawmen. Owens replied he had wins ene Pee
the police he did not need an vi ‘ deep occult sere
“What made you think you diay r so. that your en
one?” Grisso.asked. : Yort’can be yours
“If you can ’t trust the law, who canya’ que neaGiC POWER OF WITC
trust?” Owens shot back. . Scmener ates
Then Grisso produced some ktaiiys Be Peet 8 Sen orm
which Owens had written to his wife
they had both. been arrested gi)
December 8, 1976. Owens freely aie
mitted he had lied to his wife aboutwhties
he had planned to reveal to hwma,
because “I was scared of what was
to happen to me if they found oati
going to tell the truth.”
Asked about whether sacl *
told him his wife was seeing other ggiR@ gaa Power right no i
while free on bond, Owens denied ita} - ecrar Fightly so! NO\
admitted having made such statemesta ig cso ey
letters written to his wife. _
“Did you not write that officest '
you your wife was out having sexw
other men?” Grisso rumbled a

easily, and i
abundant ar

) What would it be worth to you to fly

wings, as Witches do . . . go whe!

. without being i detec

behind closed d . hear pri
ten forward or backward .

ck mirror”... find out what es
face old « ‘or young at

. BRINGS AUTOMATIC ASS|

can bgisoy your heart's de
oe Pits easy
ring you! It’s easy
‘tan have . wealthy or sup
of ogee people all over

persons! Is someone
Witchcraft. For example
My Path” ey for peor
you you know

Scie tical .
at your
Sond never have to apologize to ‘an
want or need, what
will help you. Te i is nc
it is simply a power ¢
easier.

“I just wrote that,” Owens replig i

“Why?” Grisso queried, “Wha
your reason?”

The man on the stand dropped his
slightly, but did not answer. j

“Didn’t you say how much you kell
her?” Grisso prodded.

“I care for her,” Owens an
dull monotone.

Later, the witness said he had w
what he thought his wife had
hear, in order to protect himself."
truth is what I wanted to tell,” bes

FREB .. . how to vacation at
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“That is what they tried to tecpmel — ia ay pong er peg

ondsmen as slaves. Fack
on im dreaded sweatshops, t
mest not allow their worke:
their lives away. Wit
Not because of «
Id have pros

telling.” ‘

Under further questioning, 0
denied he had known in advance ff
Yates was to be killed. He said held
known “something was going toh
to Yates, but not that.”

“If you are so interested in tr
didn’t you tell the police abd
murder?” Grisso demanded. © -@

“Because Pee Wee and Teadled
me they would kill me if I did,”
Owens, reasonably enough. Had best
seen one man’s corpse staring
sightless eyes into the glare of a!
held in Gaskins’ hand, his cuir
seemed to say.

“If [had known they were goi
the man, it would have been }

GREEN, Frank, black, 18, elec.

pa: Yopposed to! capital “punishment: an i
|wanted ‘to. save “the x neroe’ e's Jife ‘by.

od >

| ie ae a 5 f
Be ta the case. of ‘Frank Green, chare:-
yea awith’ “assault. eit pt:

deter: Green. * The: ‘girl’ ~

‘Jers home on Gilbert McEacherny
‘tplantation enear -McColl. . She. test'-

¥ he | examined‘ her. ‘after’ the’ "assav

o tor’ Tape. ‘and: assault : “with “attemsy

er D: Odom” ‘and. 4 L° Calho'

“ judge. charged , them that. it was Ai

-Jand to get. ‘together ‘if possible. Me

Pee. Dee. Rea anees March aS eee

an ee OS

Foreitan’ dt to gies
“ ment ‘and W anted Recom= 3
mendation to » Mercy’:

{ep esety io ie

< the Bees 12. houré peti the Toke:

rays at Pe

, > fs salir <
man, “andone: or: two. others,, we ots in Mec

az, PAs or
“yhe
TA. St

comending. him’ to.t the

“The: court. appointé

identified Green | ‘as’ the’ eras dy
assaulted her in the field at her fath

eats ollowing | g
ibe ee « tended ne

fied that he threw, cher’ sours and: ij:-
serted | his | “fingers, and St

oP 4

" met
‘ va

"Dr. Douglas’ Hamer’ , ‘testified

bt oa)
Hee |

as badly, lascerats

ered

2 ‘Green: “festified | that “he. went ‘to. He
ge that, day, but did.
> get At rae teen eel
“The judge, charged. that the "penal

: betes

a J

to rape. is . the. same, death in eit! i
case.) :* eA, a tif Sh at PeSE ee tose’

~The jury, Fratived ‘at 7 A M, ee & oe sae
day, and was as: follows: “<R LE Kiy :
wood, tokeHAnS WW: M yareen,. ny ee

Ree Williams, 33

eet!

>, During the: ‘afternoon, b

came out and asked ‘what’ effe ec ae ee

récommendation to; “inérey. would’ h s Bk

on‘the’” punishment.” ‘The judge if
of

Sigil
ae Fe! ‘. ag EI

= Lie afte
Annie, Bro

* #4, ¥*

them : cupats, it” “would, make’ it,

brought | out’ ‘and. asked” ‘them: mae

was, the. “matter. = : The’. storeman re
h ue

em,

Fe oe ag thie roe AE:

opposed” ‘to. avital” punishment” ot
duty. to’ respect “each. other’ Ss opin (

- “They” were ‘sent back to the 70°
where they” ‘remained till: Al: Py.
They then sent for the judge and
turned , ‘a verdict of. guilty.~’_Gt:
was, ‘Sentenced to; be" electrocuted <<
April 4: eloaye ‘
iH Other Court ‘Cases? taba et
sid Turnage was. tried Mond: aa Fone
shooting Noland Sanders i

South C,rolina State Prison (Bennettsville Co.) April h,

1913

GREENS,

(Account of murder, )

"Another murder - Our District seems to be getting back to the days

of Weems, and the events of the last four months REBK cry aloud for
reform, It was only in our last number we were called upon torecord
the death of a ctizens at the hands of a negro man. Now we are called
upon to record another most diabolical murder. It appears that Mr,
JOSHUA HAMMOND and three fuffians by the name of REKEK GREEN, were
playing cards, when a dispute arose which led to blows and resulted in
the death of HAMMOND, the other three having beat him to death with
clubs, The murderers are all in Jail, and we trust justice will be meted
out to them that their fiend like conduct merits...Rep. Hamburg, SC,
Sept. 12." TH! KEOWERE COURIER, 1819-1851; 1857-1861 & 1865-1868;
Edited by Colleen M. Elliott; 1979, Fasley SC: Southern Historical
Press, page ll, quoting issue of September 22, 18h9.

:
ar ss
tet oo
oe
pss

ees

| SE CREES

re o

Ww pot bees , " ype Pe a Die, Ri
D “y BRA a Ned, eo itn eo Hale

‘| ¥ 4, nek To gt
c Lahey pity twetse fi
: a. ey Psy

? “5 ra we obs : H .
sin at BAe eR Ie Oe Di
ad af git, Mogae? ;

a ewling paid the penalty
t aSSau
e.

F Age . ss_)| i Oe at

hen he was electro
‘end Meee Boke =s sige amt fh;
nl penilentiory.

(an

Se
pst
Bee

peek
FZ

Se
css

Sy te
air,*
Aig as

: -e
vs Ore ener ee

=,
hace
3.

nce at
Mae ray
Pe Rash

fw ~

roetTa
what he. has done for. me. 7 All the |
white ‘folks have treated ‘me well and
God bless ’em. . I: Know when my
ltime is. coming and the ‘Bible says |
ino man knows when the judgment
day cometh. Uncle Joe’s wife taught
' the Bible and I believe in it and
am ready to g0 just_as soon as the
breath leayes my, body. #2 {fxs s
In’a ‘similar disconnected “fashion
the = negro talked. for four minutes
and ended, by saying: “They can
punish my body, but they can’t touch
my soul. Glory. to God . forever.
Amen n.””
The Rev. J.C Abney, the risoz ~
chaplain; shook hands. with Green
sad told him good-bye. The negro
spores in clear tones and owed not
he slightest signs of nervousness, or
foar, He sas 2 slim, black negro,
bovish appearance and could not

Ody. sas the us
tion of WUSC ols 3 and ales APY g
the high vol
current was
Te 200° yo Its

i?
&
ie
Bs

an Teun nil out dem papers:
sen fur say I pit em at de ion price
ob $5. 000 dollar bring. She want: um’
fur ’e owc nust. Dem wants a. ‘big |.
bildin, dem so much affis-seekers dal.
wock fur git de jab.
mutch lazy pipple da look ‘fur » “jab.”
All

all 2down. Say, aint a dom- ting|
loin in decastam house ef ’ekin
piten ’e time een de pos affis een
lraw 2 celery. Say da custam house
yeen da run fer 0 year fur’7 tousan,
leben hunded ¢n 92 dollas ebery year
in aint kolleck but 59 cent. Git mo
ebenue dar dat on Wyer’s pan, lessin:
lem ketch all do terapin one time fur
en to de presidence. You kno dem:
ich pipple does eat warmint en ting
o bad tel snake self glad new weader

ome, fraid e fine esself een ‘dem rich | se

3uckra fattenin pen. - a

De ting git nex ta me ebery one
‘tain: pon de jab. 4
ven Refud tree.
jab, One
e-gran fadder
an raise same
sy him. tuff de
de presidence.
cusin. spen one
‘ckneck en. ting]
ibily time dem
de one dat’ hole
Me Dim grate-gran
Me>utt de bul offer
aa terson aint bin:
outyem. fer. 'e
1e fer tief Cusin |
kle! gobler, ‘an,
bout em.’e -pit
; tun um out: an’
arshal law. I]
‘me new candy
ach een ’e pie.
ne de morest I.
Katch cackroack
owcomeeber nex
i how de wite
no how. Keep]
ef an hoes -de

a &,

at
Ta

en 11 copy to
‘an 60 dat bo

> Brown,
| Cumbee.

\ag ve Patriotism. |

t Gazette: .
owners of land

b'; git um. One now say :him| ae
ilin-if she bid fur de poe affis and’ :
je custom house cause hfm kin: hole}

| Key and D.

-} mobile and two teams at -pnce to. ‘the;

“Dispensary Constable ‘Rollin.

assassin at’ about eight-thirty Satur- |

day night near-the Corner on Saint
Helena Island about eight miles from

highway.

‘was shot, ‘in the pe
by, an assailant ¥
the side of the road in-

road is shaded by tall trees: ‘and Seas
dark when the attack, ‘WAS made, Mr.

was. afterward t found te in the: =
side him and that evidently | furnished
the marked? As soon as. the. shot}
was fir. a the constable fell. and } Days:
squatted, “Another charge was fire

but atid not touch: either, man
road...” - < :

bisa ‘raiding blind. tigers on: the island.
during the day and had been threaten-
ed by the Keeper of the last one. It.
is generally believed thet the. shoot-
ing was done by one’ of the | blind,
tigers who had been. aided, © ok
--Days ran to the store. ‘of “Messrs,
Gear Waterhouse cand: Co., «a tew
hundrad yards away, ‘and notified Mr.
Dale and others. . Hastening -
spot they examined “the. body’ and]

ing notified the coroner. and ‘@heriff
at Beaufort. But. on going ‘Back |
signs of life were found and ® message;
was sent for doctors: ‘from ‘Beaufort. :

Meanwhile. a Nearby |” negro.
doctor and. a ‘trained nurse ‘from Penn.
School, also colored, gave first aid to

{the wounded ‘man in. the ‘store “to

which he was carried. |

‘Sheriff White, Coroner Sams, Doc-
tors Guffin and-£lliott,: pedir
Cooler, (brother of the deceased): W

F. Sanders, N. Christensen, W. H.
‘Gardener : were ‘carried
over the ferry in a* motor ‘boat ' ‘and
taken by Mr. Batchelder in his auto-.

Corner,

tar She terri

pe ES

Sse

Cooler’ was mortally. ‘wounded © ‘by © ‘an |

Beaufort while he-was walking on the

‘He war in “company © with |
k negro assistant, Josh Days when he,

“bes| EE
;

Morning While teparations Were Being Made to. Take
Him to Savannah toa Hospital—Two Shots: Fired,

I neber.see so ue te

oo ‘One of Which Took ‘Fffect it in n Victim's Face.

who was 5 also Jailed Acie

. Coroner’ s ‘Jury. Holds’ Mensas

Cores Sams emnpanelled a jury”
Sunday morning and heard two wit-
nesses, Dr. M. G, Elliott - and Josh -

Days.” . The first witness. testified 38°
to the death and the: “wounds.

ness, “Together with what what he
then testitied to and other mialepente
his Story follows:

ee 3 ‘Days* “Story?

yliring re last of. Febreaiy- lend:
‘the first of -March | che: j Accompairied 5

: Constable Cooler: on several raids -on »

é\ Saint Helena blind: tigers. °

The constable nid his. aniisiasthaalt

found. * ‘Going tothe “Oyster Fac
the:

notte fo

(These Ae
“have been reported. and commended in
thes olumns.) . On: Saturday | fast
chop fete Beaufort: at 10 a. -m. “going
re the dwelling’ house ‘of. Rachel

where they found only two bottles of.

beer although they did not break and. “
-enter a reom which she. chad: “locked.
Jée Chisholm’ 8 shop. near’ the - ‘Corner.
WAS hed, ‘but “no® liquor - Wes.

tory Bridge,”” ‘they entered a “restau:
jzant kept by 2” ‘colored. woman.” As:

| soon as the constable got-tw the: door Fs
thought life was extinct. and retarn- |nhe siered a bag containing a’ dozen ae
or more bottles of beer and smashed | Lis vara
it on the floor. -No Other liquor Waa
found: “The - sack = ‘was carried ‘to se he
Magistrate- Kittles and a warrant ere
taken ont. Returning to the ‘Corner :

a shop kept bya ‘negro. whose | name ;
was. f
nd. ee

Doctors and Officers Rushed to Scenet, :
kin see. bow]

about si
found.

o’clock. Entering they —

olds behind the counter,

{n0 one else inside, four er five ne-
groes outside. They centered | when age
went behind the connter and heganto.) =
search. Reynolds then asked if he
{bad a warrant. . . The: ‘constable - MOw

the search began. _

Tosh a Bs
; Days, for whom’ it. is ‘thought, ‘the .
mn at second shot was intended, ‘and who:
» Of) had a close call, told of the day's
jincidents. He isan. important — ‘Wit- -:

Simmons just beyond *‘Red Bridge,’* o

tten, was. ‘searched | “and 2.

~ The fifth raid was 5s riadei in the shop : : Sar
Dave eesmokias They @ot there 0 =

GREEN, Jasper and REYNOLDS, David, blacks, electrocuted SC (Beaufort)
Tt. 9 :
on SKBEXXX Sept. 4, 1913. .

eee

MEMORANDUM
BEAUFORT COUNT

TO: R.C. Van Raalte

FROM: Julie Zachowski, Director
DATE: 12-12-86

Here are the articles concerning the death of
Constable J.R. Cooler in 1913 which you requested.
If you don't already know this, it may help you to
understand his title and the duties he was involved
in: From 1893 to 1907 alcoholic beverages were con-
trolled by the State of South Carolina under the
Dispensary System, which bottled and regulated the
Sale thereof. I would imagine that the term continued
to be used even after the Dispensary was abolished.
He seems to have been investigating some form of
bootlegging operations on St. Helena Island at the
time of his death.

I enclose the Sept. 27, 1912 article from Ellenton
even though it isn't conclusive about the fatality of
the shooting involved. I came across it in the course
of looking for the other stuff and thought it might
tie up with something you had on your unanswered list
if indeed he died.

Also enclosed is a follow-up article on the shooting
of Trooper Bruce Smalls in 1985, which I mentioned in
my last response to you.

Best wishes.

tutrtk 4 load ¥Y Huctet[eZechgs
VALAIS;

April 4.1913.

An Article by. Cumbee Brown:

"Custom House. ele ae

Mr. Dhristenden: mee

up bublick bildins - ak 1 got de

| een fur say I pitem at de low price
| fur ’e own nust. .
wock fur git de jab.

All gwin gitum. One now say “him |
de custom house cause hfm = kin: ‘hole
all 2 down. . Say,’ aint ‘a dom. ting
doin in de castam house ef ’ekin
pit en ’e time een de pos affis een
draw 2 celery. Say da custam house

been da run fer 30 year fur 7 tousan,
eleben hunded en 92 dollas ebery year
an aint kolleck but 59.cent. Git mo,
rebenue dan dat on Wyer’s pan, ‘lessin’

sen to de presidence.
oS pipple does eat warmint en “ting.
80 bad tel snake self glad new weader
i ee eee een | dem rich |;

| ob $5.000 dollar bring. She want um}
Dem wants a big}.
| bildin, dem so much affis-seekers dal”
I neber see so].
mutrh lazy pipple da look ‘fur jab. 1°

pilin in she bid fur de pos affis ee

| dem ketch all do terapin one. time fur|®
You kno dem4

‘CONSTABLE JR. “COOLER

In Regard to the Post’ Office. and he

iF | -ASSASSINATED SATURDAY. ee :

De Guberment sen ane a etter: ins
from Washinton fur by my lot fer pit,

an 1-eun fill out.dem papers what at’

Morning While Preparations Were Being. Made. to. | Tate -
Him to ‘Savannah to a Hospital—Two Shots Ft, :
One at Which BOOK ‘Effect i in ‘Victim's s Face

‘Dispensary Constable 3 Rollin
Cooler was m ly wounded by an
assassin at about eight-thirty Satur-
day night near-the Corner on Saint
Helena Island about eight miles from
Beaufort while ihe was walking on the

{highowy. “He'wae in “company with |
t, Josh Days when he.
6° with buckshot.
_iiidden at’

by.an place! wh
the side of ther

cae

ho ‘WAS s also jailed.

din a ‘clump of
Casino bushes 1 ta" ‘Brot where the.
y ail trees and was.

Megs Ae sGve
me 1

2 eee
ee

_<oroner’ 8 Jury Holds Tie
‘Coroner Sams ernpanelled a jury
Sunday morning and heard two wit-

nesses, Dr. M. G. Elliott and ‘Josh . a
The first witness testified ag 89
Josh =

Days.”
to the death and ‘the. swounds...
Days, for whom - it. is thought the _

second shot was: intended, and whew
‘told of. “the day’s Re
incidents. He is an important » wit-
what he...

had a close call, -

€} with awhat

aes

oad toward the steps they «had. “gat.
-. He told Mr. Cooler he ‘feared ‘trouble

when. the shot was ‘fired out’ ‘of ‘the:
~ bushes at their left. “The. ‘officer, “fell:
. and Days’ squatted. — “The. ‘eecond shot |:
followed. immediately and evidently.

. lowed has. ‘been related.

‘ed that Reynolds. bought . $wo buck]

- donald, ‘Wilkins & Company. “st: the.
~ Corner after

geen walking toward bie shop. with | a
~ gun in his hand.”

- from which the shot was fired, across.

oe that “he was at his,

~ gix bundred

known when

oe ‘tion be pablished

back. along . sthejI

‘and ‘started to walk.

passed over their heads, What al:

‘Further. Important . Evidence:
‘Tt is said the fact can be ‘establish-

shot shells from the store, of: Mac-

the aid and: defore the:

shooting. Reynolds was. afterward.

Tracks were found Suaday Sing
showing that a man had run from the
bushes indicated by Days a8 the spot

a newly’ plowed | field toward Rey-
Reynolds said after his

arrest that he could . prove . an. -@libi,

of Jasper Green #8

vand Rave the name
fact. The “spot

from which :
tree growing out of an semnaaen rg
. between this hedge and the road is a
tree is. ‘separated .
‘by a field and cca
dred yards: awey,
as. ‘made UP

pe Coroner’s jury
B.. “Black,

- foreman, J.

. with the examination. =
; St. deans eee eniere Crime.

asks that the

ted. [brutal soeasination. ‘of Mr.

that the culprit
and given the: ‘full

children, @
the colored ‘people of 2rery class: “son

|overst
and assist

lutions ‘condemnin

aid in getting the’ es
do not condure crime in any Neate Bee a es
-preach obedience to the

and always
partially -or: ar

law, whether it 4s
partially inforced, °
bopoles or unpopuler. igs
| known, David ‘Reynolds,

shop at the time, inane all i

a = coe of the entire :

<Chas. Bellinger, iC Fey

. aint Helena | t.
‘a'mass meeting ae

8 ce [occasion inn
- with, the failure | ‘of “the _

ne = -|the . dis constable, : “on *our
"(Continaed # trom Page 1. ve “>< |aeland lest Saturday oA ‘is the
first care of “this ‘kind. “since “Mark
ain charge of the chain’ gang ’ Son | hike Legare, ‘a colored man,’ way . -waylaid |
island. Afters half hour ‘they left | and murdered about 40 years ®Z0, and | er
entire}

voice the sentiment. ‘of the.

population of the island when” a HM

ought to be. “caught |

penalty ‘of -, law.
“the

oli” will he to” ‘every
deiich on the. island eae ‘Sunday
calling amass : ting - where reso-

and a com pittee. appoir

‘or “whether

innocence. .
very good reputation,

serious offence
gen, if callee upou,
establish his imnocense-

can gather,

but this

ec law and order.

: Hf anda : fall

‘interview. to

“ Cooler, | proper:

eta every ‘way. Fanon:
|ble, in bringing * the omen to ane. predi

ice. ~

‘the act will be Ss
ilty party. |

and hope he wall ad ‘ehib to prove bis):
He has always borne a8

and every ‘honest citi-
ghould be able to
From all “1
1 believe I vice the senti-
‘negro. ‘population
“pame - and.

1e 3 islatd | is Lge otake and a

for: i relnras 14

“pay,

- was afoot. . . Mr. Cooler: did not seem
_ distnrbed.:- He was smoking a ‘cigar. Expressions | of indignation © st
They walked side by. side,..Days al brutal crime, and and sympathy. for Mr. ficiency ‘alone’’”.4 r ;
- little ahead on ‘the right of. his: chief,” Cooler. = ioral “bereaved | wife. and | — pe said he was ‘told. eat ‘the Presi-
party politics)

dent hed decided ,. that

should be dis
_ jot appointments. ico |

the President | about. it.

icts that the Democratic ship of
mtate wills run. h SPoe the rocks. ae ee

it.

with | a

. 2
= fie

of the].

at e

in: : “the” mere

| -Mr. Bartlett’ capa eae snot oe
a lieve ra such NONSENSE, ‘and he- “pro- |

‘poses to
If that. sort: art of paler is adhered. to hej:

given
prove
amow

pave ‘of lots |®

“the. river
poet town
a the right,

ee wilh be tol

Aor: ig

= is mt Jey ta to
@ as oman
wo domicile,

trees, and you
~~ reliable citi-
aatriotism and
onderfully: in-
has something
sion, The ac-
nded estates in
sile the major-
Mssession of 8
Mmaace, is
wa. 9DeT
fee progress.
ss and speed
ny should - it
a tremendous
Ne wast more
-e soil, -and,
ned, we have

has

ople: to: the
oy. in the.

Limetto Post.

hanks.

) ro uen

sation! the f prehead,
| shoulder.

‘nes and in the:

‘ecalen-|.
instincts, |.-
This |:

moved

ae already mentione e

taken to” “p “hospital 4
There were found to be
one in the right check, one in the

left, one in the left temple, one tn
and one in the ieft |

- Leaving Dr. Elliott, the Sheriff,

the Coroner and Deputy Sherif ‘Cool-}) di

er, the others returned. to. Beaufort.
After: reaching |, Beaufort, it :
Dowell was secured. to‘go to:

nah, Mr. Cooler’ 8 wife. communicat
with, and “the: motor | boat... 'V:
chartered to. make ‘the’. trip. ‘The | #4
wounded officer. was’: carried - to, the
boat landing, @ mile away, early Sun-
day morning. As they: ‘were carry-

ing. ae aboard. P he died at 6200's ime

ot {the’steps. - He was a empenie

ma Soudaye morning.

morning the family and frie
the body to Bluffton b;
interment. was made in. Sa
burying grounds. near

old home on the.

present besides the m

and Earnest _ Cooler,’ an
; gister, Mrs. M. UBS “Harve

came from her home rs Fernandina,

Florida. .
Arriving on the apet e

sir assassination Sherif Whi

| heart- felt! investigation and |

of . Beau-

rd deep eym=|

z F gratitude.

| Reyno Ids

{ the
another -

important, eviden

he arrested -@ negT
ty jeil. that afternoon. | Returning 0
the Island on_ Monday “he.
investigation <4 cand © ‘arrested

ven

He no
Reynolds ‘went ‘off South in the direc-:
‘\tion of his-shop. < Mr. ; -Cooler’ then.

- reolored » doctor named - Bailey.»

re. warrant: was necessary.

and placed him in the. Naa

“pursued

meETO named Jasper Green 21

thé corner#of. the: cross roads that

given this locality ite name, 00 the
atepa of a Little buarldong thy the atde
of the main road three or four miles

There they sat for about an
ning to make another. raid

ra oa

at time rime Reynolds ' walked up

4 in. the: eonieesation:

got up and went. east four. hundred -
yards or so to the | “drug shop : ot ‘.

ed to: where ‘Days was still sitting |
bya.

said he °
Soabbad abe: crowd “made remarks.
in sympathy. - “Days replied that“ no
-and. “that he

e formerly
; {over from the. store he ‘manages

the noise. He mire !

and joi
ing: with the doctor and: another: “negro
about. his. Sexperiencey when he was

F Conchided o on ‘Page: Bo)

cence pe mires

Senso 5. €- Aust i igi

Chi - haeated a Verdict of

after: Being Out All wight fist
F -trial_ for Remainder

for Two and Mis

ek Guilty
h Was. Held Tosedaie.

dell Trial ages Whie

—_—_— ae

hee as S hopotes shop, ‘ahd

“ Ateets the same
there to the hd factory,

nced. te went from
“tor about two miles: hauls
‘on beet, but woman broke
ae had artest warrents 8
trate Kittles and palin
net “ihe ‘Cothet about
‘the we got to
eled Gréen . off
dict at coming behind us a8 ibd
half. toward Reynolds’.
| "Don't go ahead of us,"
not. catty. tbe ngt ite!

ie ape We
igned by Magis-

events,
back ‘to: the

ne by 9 fadee

“. day aftetnoo
_ pecond trial |

corner we met Sasper

> Saw him
seete going
Cooler said
"80 he would

- horse- back.

iivewit its er
Fahd aor a

dct | Friday

ol ee cae:
ag 38, stated, \when,

be ian towa
having heid at . waa out just as we crossed a brie Ke ab t on

from seger © c1Ock on iwent on.
fing ati ele
2 _ thomming. Ta
ype te Ezekial

rt Middleton and

even- yards from Reyne jds!
‘chock » Saturday | to Reynolds’
‘not | behind’ the. eoudteee
and) er went in Resnolds asked if he bad.
Mt. . Cogler said

sit raediet | was
Sherman
‘mis-trial 83)
4 odie Tktet:!

a seatch- warrant.
hie had@e was 8. peatch- warrant.

|| Dave or - Jasper with a shot: “gun.”

|| John Rivers:

Ad tee | stopped at ay Gantt’ 4 ‘shop
» | before the shooting.

| was outside of the. “shop.
‘and two wothen were inside.

there when the sh
James Green .wan there,

|| Jasper.
the shop. Jasper G
fore 1 left. He came

Jasper “said”

Croas Examination: .

go home.

Mr. Cooler was shot.

Re-direct an

thera place. of

Bm sy aie ;

was there. °

ae Crome-etamnination

Dave Re) molds
Sherman

ooting took place.
but. ‘not
dA Jeft. Dave. ‘Reynolds at
reen came up -be-

‘from the’ direc-.|
tion of Mr, Dale’s atore. Jasper said |,
“Boys, 1 heat Mr. ‘Cooler got ahut.’’

When we were going: sieht ie road
that done the shooting. was a good clerks in the atore, and to Bee, Smalls

fellow. Jasper said that he was f
\| going to Peggy Rivers’ house. Jaspet |
was walking when he came up to the}
|| shop about. five minutes after thé
shooting. Jasper was not at. the
shop when the shots were fired.

Arthur Rivers went wing “with me
when 1 left Sherman Gantt’s store to |come to me to buy: ED, abelles.
-Reynelds was at. Gantt’s e
when the shots. were fired. Jaspet |
came up afterward atid bald he: heard Reynolds: told him-in_the— State Pen-.
‘He came from | itentiary that he had. pought thelle, |
the direction of Mr. Dale’s store, — Lh put. them. in the gun “and | loaned the |.
a right angle from the shooting: eee

in.

1 did not hear the gun
tarted in the direction of
Reynoldéa twas
When. iy Cook: after | heard vf it.

* shootttii

Dave Reynolds’
«Jasper. ‘paid ‘They think Whiskey.

he’ ll get up, but I say. he- won't
lasked Dave to goto see the’ budy; |

: [tis unusual | WS eed ‘people

shelia.”
Re-lrect;

Mr Ford called gun. in evidences

Reynolds. would fit the gun. .
jJames Gteen,; Sei recalled :”
Robt. Middleton came t

wai killed, ‘and asked who was in’ ‘the
sbellé. 1 told him there were more

~ Crovs-éxamination: ee st

the shooting.
J. Cc. Smalls, St. Helens iatabil:
“work for Macdonald, Wilkins: i

was killed Robt. Middleton did not

EF. ‘Hammond:

It was on Monday. morning “ater ae

‘Mr, Hammond. iitibea ‘that tes iE

on St. Helens: Island ¢ to Oy buck- ehot Hee a

He wold it: to’ Reynolos: about five es
yeare ago. ‘The shells bold. to. spate Ee

oe : “hore as -
on: “Motday inorning, | “after ‘Cooler [2.2

Ae ie ie

Co. On Monday morning after Cooler i 8 note

guti to”

That Dave Rey) Tt
that his gut

tHe killing. °

Sheriff M.. O'D- ge

tl aepen’ and 1 started... to. the: - geene..[8,P-m. that M

| Brekiel Sheeat2 “About 20] 2°
| minutes before | tek a ‘killed..] |

There {s no” other, “way to “come! ‘ ci ‘aid: sees sive ee

f shooting :except +

Dale's stote. TR. etreaisiz Helene Magistrate: *

: 4 Mt t7 Cooler - and Josh. :
Deas went to my place an:t hadsever:

1) al arrest warrants issued to Yreople fen
on St. Helena Island for. eel ng. wee

it tecelved telephone. meneage about &e

Mr, Coole? ‘war “dead. |

O/B
ok

its” lace ' mp dea 6 eee meat I OF BRYA haere ae ee

ee i g cvuntens 3 *ole, | was were eM id (They vhinl pete |

dyer went in Sporn pak e RAG | hetll get: apabubel: apy he won't! Sheriff M.. oD. “white ®
Bite asked Pave to 8°. to see. the budy: liter } Ja gived tele ee meneapei pout

s that Mr. cooler Wee: dead.
ay [ater 1 ‘peceives a Pater that he
was pot dead. | got A doctor and get

“of net coe as to Robert Middle: came up efter hed heen tere FOF pare le T went t0 | to the Corner Store on the island a little J after ® o'clock:

there wes. no. tlhe a waite. Reynolds geld we hed. . I recelyed information that 4 Reynolda’
ie es tpearched hie piace witheat «search. ceva me ae nee Sere seca had been pearened ae pura
Mbie verdict WEED geen “ourprise | warrants asd 1 want ontaseaction. | j-wemk 1 Lillie Johnson's ‘yeatay> information F

* end #0 necessary ee y fee allt asid t1f you © pat at n raat apout Zor 2:00 9 clack. | Dave. od Reynolds Sunday _ MOrnINS: |
, eat ide, cprme along a done: fer baying bic ae Ee

the second #ee ; and ordered ‘walked of toward the est. OA

«he oe-triel for Tuceliay. ot Neb men come up cit was after dark.) |e other pend. He jaid the gon
Cit gt ws s for bot trials were os After that Reynoide came VP ee” on the bench pat down. | wea a 2
407. e at Richard and Penfield eon beck be ot Post Office @ gather WD gu tt : :
Richard SeTrecoet, Swot, oe peck fo the Ervin Beamer ond FOL TS ae a
cited and Ee proms Kill me. wore at tne reste when 1] The: “pest -pfternoen |} oyree!
pee left. J 90 ‘daspet Green at Kaigh® Jesper Green and lodged him in ini!

Ge- | Reynolds eaid: ‘Mg place pan been’ of wise, Men ¥ Hall abot 4,7 6 fe denies nome aaything sbovt-
| searched and lo'cle He said deen ond. serena ca
" fee ; pels him yp on ihe. rods He seid non i An Garth, Bert ok
| Dele, woe om hah beet they had no rig 15 to stop him, OF he |qoho Me) eta: " Beekie Ludi
deat over, Postel’ said Josh ond Cooker | wre going to gett ig mail. . Fb met Robert and Oscar Miadieten wel

veedsy |had @ eee 10808. jaw. ‘end were: 4 Pits:

their | running things - Ap suit. themselves. Penticold Chaplin and just pa we 69 als

vent\ Mr, Dale told the crowd to behaves: 4 ae ier » reat taih pape aly
suena wo shots Were: red. went e ed |

that the search hed siready bee | tore | aid not see | ROY ’

| He seemed. This wee
Gnd when shots W were Bred he fell 09 He after Cooler w maid he Mr ald
me and | fell so the ground with bim. ale’p store. | asked. Dave. aR ALREPL Mabe Pettit

‘| pad.the . two shells he ‘pought © thes | turned “ed over FO IM
C) went t ougat Hie n
on [tee ML Bae wore “We ed afternoon, and he said yes. -| don't the Sheriff he was arinking ®
: t. jipack and the side remember what Oscer Middleton told | man Gantt's pump: owhen.
; ema Be 1 om Or S vd hime” ae = m Sherman borrowed the guns
tats, sMared oper Cross Exeminetion: minutes. eter Be heard the

_ 1 seq Jorh where Cuoler wae rising

cy aa a ae roe on sald mote] nee wei shot. } remained about half an pour. {him that oF had loan
“Sam 4 f the defeadants ufter the’ Twas. there ‘when Mr. Cooler was {man the gun 20 minutes
M. DeBois ; avis If ‘that night: Jasper. pee me shot, | J. did not eee Ezekiel Sherman shooting. Pee nie the y (
th. J; D. W at att Saget cee $2 ombination. come out. we, in the. mores, hell business. :

G. Keaaler, Geo. \wn the island # ‘ki) me, 9@ Mr

Rice, Es H Cons Coole F would pat come over there “ae “Alston, Keans Neck

Be Db Corner Je 50 yards {t
| was on Saint “Helens ‘|eland- the A ner rate 8 ac es (

Dale’ g etore.
John Middleton:
] closed my store fay the oft
noon of the Bight Mr. Cooler go
re ross-eXPMINBHON |

. | don’t kaow anything * pout
case at all.
Alec Brisbane : —
] know Joho - Middleton. Ng
ede oe ae ti ot aelort ~ otolotk: trying. Ww

ensen. eee ; . jon with:
as Pees night Cooler was abot: © J. waa on
aurerecss “State ce defense Me. te other | defendants. fF was 206 Corner Store

“The Attorneys 10 for the defense were: | smoking ; Mr. Cooler was smoking 4! s
b .
Geo. W. Beckett for Ezekiel Sharman, te when the akots were fired. a 3 not hear Lae it Fat Mr, oat

- Qecar and Robert Middleton. H. Cross Examination
BT nn ee ah for. a eeeet The people on the island aid nee CAD rates etter to veting: we

one per {about 300 oF 400 yards from where
ian. while!
uiphaneing (ok. PIMer cn.

A small crowd of spectators and

1;
\
r
‘otesters showed up outside the |

prison gates as the time ofithe ex-: that he expected soon to be’gratited
: work release from prison, and even-

ecution grew near. t
“Evatt said the mood among ‘the |
state’s prison population was som~-
ber prior to the execution. The 48
men on Death Row were likely to be |
“nervous, speculating on who’s going
to be next,” he said.

The atmosphere around the Broad —
River Correctional Institution was
tense, oweing largely to Gaskins’
reputation for luck, trickery and
self-preservation. But as the clock ,
ticked slowly toward 1 a.m., it ap-’
peared Gaskins’ luck had finally run
out. ;

Though Gaskins, 58, has been one -
of Death Row’s most, talkative resi-
dents in the past, often bending the
ears of reporters for hours on end,
he remained silent as he neared his |
date with death. He waved away °
several interviews scheduled for -
Wednesday and Thursday.

He spent his final days visiting :
with relatives and chatting with cor-
rections officers. He was visited by
his sister, daughter, granddaughter
and ex-wife, his attorney and an au-
thor writing a book on him.

His 20-year-old son, Donald L.
Gaskins, was in jail in Columbia as
he was put to death. Authorities say
the father and son plotted to kidnap
Solicitor Dick Harpootlian’s 4-year-
old daughter in an attempt to delay
the execution.

A former “Boss Hogg,” loan shark,
sandwich vendor and quartermaster
on Death Row, Gaskins was serving
10 life sentences for 13 previous
murders when he hired himself out
in 1982 to kill fellow inmate Rudolph
Tyner with a home-made bomb.

He committed the murder for
Tony Cimo of Murrell’s Inlet, whose
mother and stepfather had been
killed by Tyner during a conven-
ience store robbery. Cimo was frus-
trated with the slow pace of Tyner’s
appeals.

Death penalty opponents have
noted the irony of Gaskins going to
the electric chair for killing some-
one who was on Death Row.

“It is a convenient way to get at |
Donald Gaskins, who has been built
up by the media as a master
criminal, but who is really just an |
ordinary loser,” said Bruce Pearson,
president of the South Carolina Co-
alition to Abolish the Death Penalty.

Harpootlian, who as deputy solici-
tor prosecuted Gaskins, admitted he -
saw Gaskins being executed for
Tyner’s murder as getting “two for
the price of one.” Gaskins deserves
the death penalty for the previous
murders he committed, he said.

An optimist nearly to the end, |
Gaskins expressed his belief in inter-
views after Tyner was killed that he -
would never be convicted of the ©
crime. In fact, he told the Post-

- boss, well adapted to a life behind

_ said he “would talk about killing like
you might talk about taking a vaca- }

: like a homemade intercom receiver.

' to a wire. As Tyner put it to his ear,

Courier. months after. the murder

tually paroled, despite his convic-
tions for 13 previous killings,

Though it was for Tyner’s killing
that a jury sentenced him to death,
Gaskins had contended that his fate
was sealed when the Tyner jury
learned of the previous murder
cases. From 1970 to. 1975, Gaskins
drowned a 2-year-old and her preg-
nant mother, killed a businessman in
a murder-for-hire scheme, and
stabbed and shot several’ men,
women and teen-agers, some rel-
atives, some for reasons that may
never be known.

He buried each of his victims in
shallow graves in woods near the
community of Prospect in the heart
of the state’s tobacco belt.

A jury sentenced him to die for
one of the slayings. But the sentence
was. tossed out, when the state’s
death penalty was ruled unconstitu-
tional. Despite his: size — 5-feet-6

and 155 pounds — Gaskins was a |.

much-feared and respected prison

bars, when he was hired to murder
Tyner.

Gaskins, who was white, said he
agreed to kill Tyner because Tyner
was black. He said his desire to keep
the races separate was behind some
of the previous killings. He drowned

a white woman who was pregnant

The pregnant woman aid her
daughter were staying at the Gas-
kins family house, which was getting
too crowded, they say, so he decided
to thin out the population. .

Most of his murders seemed casu-
ally committed. State Law En-
forcement Division agent Michael
Whatley, who knew Gaskins well,

tion. He had no conscience whatso-
ever. Killing was an everyday
occurance.”

In a recent Post-Courier inter-
view, Whatley said Gaskins was
“long overdue for what he deserves.”

Gaskins has been called “the
devil,” a “redneck Charlie Manson,”
and a “master of trickery” by others.
Some credited him with great intel-
ligence.

To kill Tyner, Gaskins made a
bomb inside a foam cup that looked

He passed it to Tyner’s cell attached

Gaskins plugged in the wire and the
bomb nearly blew Tyner’s head off.

- Gaskins smuggled plastic explosives

into prison to make, the bomb.. But
Gaskins was a prison maintenance
man and had access to tools,

cette + enantio +

0. at ne Oe et ered

t Associated Press also contributed i
ar \ to this
Authorities still don’t know how | ery

e ‘A 1986 CBS television movie, |
Vengeance: The Story of Tony
»Cimo;" detailed ‘Cimo’s growing
| frustration over Tyner’s lengthy ap-
peals.
Another exploit that has grown to
‘legendary proportion occurred in
1964, when lawmen set the
bloodhounds on him after he escaped
from jail in Florence. A few hours
later, lawmen found the hounds tied
to a tree, yelping their heads off.
Despite the ease and lack of re-
morse with which he killed, Gaskins
was known for clinging tenaciously
to his own life. In a recent interview,
he called electrocution “one of the
most malicious, most cold-bloodest,
premeditatest murders that there is.
It can’t be no worse than if I was
to sit down and plan to kill some-
body,” said Gaskins.

_ Gaskins promoted numerous

plans to save his neck, and the necks
of others on death row awaiting
their date with the electric chair.

_ He once contacted a Post-Courier
- reporter with a plan to have all the

country’s Death Row prisoners

aoe ; desert island where
y cou ive, saving tax
millions of dollars. : ania
In the last two weeks, Gaskins had
been discovered plotting to kidnap

Harpootlian’s daughter in an effort

to deal for his freedom. Gaskins’ son

admitted his father told him of a

plot to grab Harpootlian’s daughter,

but the younger Gaskins said he
thought his father was “just blowing

hot air. I didn’t plan anything. All I

did was listen. I’m getting blamed

for something I didn’t do.”

; The younger man said he has been
in jail since Aug. 19. Arrest records
show he is charged only with bur-
glary and simple possession of mari-
juana. | :

. Gaskins, raised in a farmhouse
outside Prospect, was the child of an
unmarried mother and was abused
by a male relative. He was known
for mutilating small animals and
picking fights. He first got in real
trouble as a young teen-ager. He
was sent to reform school for hitting
a girl in the head with a hatchet.

He turned from petty crimes to
felonies — auto theft, burglary, mo-
, lesting a teen-ager and accessory to
murder, to name a few.

: He had shown reporters a surpris-
| ingly good self-image. He bragged
about being a great lover and had
collected numerous female pen pals
while in prison. During several free-
wheeling interviews over the years

Gaskins discussed every subject ex-
cept murder. He always said he

didn’t want to talk about. “those

cases.”
He never liked the name “Pe

Wee,” but could never shake it. ‘

“Seat

|
‘

Andy Brack of the Post-Courier staff and the

WVews ¢ Courier

“ ‘September 6, 1991.

——

ENING POST_

FINAL

Charleston, S.C.

South Carolina’s Largest Afternoon Newspaper

Gaskins’

Wily Mass Musilert Dies In

Gaskins

By STEVE MULLINS
of the Post-Courier staff

COLUMBIA — Donald Henry “Pee Wee” Gas-
kins, the most notorious mass murderer in South
Carolina history, died today in the state’s electric
chair after surviving an apparent attempt to kill
himself or delay his execution.

Gaskins, given a chance for a final statement

moments before his execution, said, “I will let my

attorneys make all the statements for me.”
No statement was made by the lawyers.
Gaskins made his final walk just before 1 a.m.
from an 8-by-11-foot death house cell, down a

- wide corridor to a 16- -by-20- -foot execution cham-
ber.

He entered the chamber at 12:58 a.m. under his
own power.

Once there, the diminutive murderer’s head
was covered with a leather hood and he was

VAS >

RURSRUSISSSHSS ESRB ess

SHAT, Bee Hares
Besesgseseszsasgeg

uck Runs Out.

Electric ‘Chair:

strapped tightly in an old oak electric chair.

The electricity was turned on at 1:04 a.m., and
turned off two minutes later. He was pronounced
dead at 1:10 a.m.

Gaskins, who balled his hands ike fists and
carried a tissue in one hand, jerked with the first
jolt of electricity. He relaxed a few seconds later,
witnesses said.

Please see GASKINS, Page 5-A’

| Gaskins Should Meet

SEReCESrEe gE

Frereee

Donald “Pee Wee” Gaskins was the self-appointed execu-
etioner of at least 14 men, women and children in this state over
an eight-year period from 1974-82. Incredible as it still seems,
«the state’s most notorious killer found his last victim on South
“Carolina’s death row. That says how sure the cocky, : cold-

“blooded Gaskins was that he could beat the system. It can’t: be .

be allowed to happen.

« The kind of last-minute appeal mounted on Gaskins’ behalf

»has become a matter of routine once an execution date is set.
»The lawyers are doing their duty for their client, Doubtless

personal opposition to the death penalty adds fervor to their
--fight. But capital punishment is the law of the land in South

«Carolina. And no one in this’state in our memory has deserved | -
vthe ultimate punishment more than “Pee Wee” Gaskins, a man °

™

- who killed even friends and family when their actions didn’t suit

“him. His victims included a pregnant woman who came to him
Pin a fish pond. Se URS
~*~ All but one of Gaskins’ other victims: were shot;: stabbed or
«beaten to death. His last_was a contract killing ‘while he was
sserving 10 life terms for other murders. He was sentenced for

those murders during a time when the state’s death penalty had -

«been ruled unconstitutional and before one that met the federal

test could be put in place.
: Gaskins was riding high. in.

prison at the time of)

‘kins was trouble from the
«people in South Carolina ar
his debt to soc

nw .

.the state entered into a contract withthe public, It ‘agreed to

His Execution Date

for help and her 2-year-old daughter, both of whom he drowned

‘to;have the.

Founded Oct. 1, 1894

MICHAEL J. BONAFIELD

BARBARA S. WILLIAMS

Editor
ROBERT J. COX

Associate Editor
CHARLES R. ROWE

Assistant Editor -

Associate Editor

CHARLESTON, S.C., THURSDAY, SEPTEMBER $, 1991

t
=

:—— Editorials.

The Evening

GASKINS

from Page 1-A

. .Gaskins, 58, was the 245th person
to be executed in South Carolina,
and the fourth to be killed since the
death penalty was reinstated in
1976.

_ Gaskins had survived an apparent
last-ditch attempt to kill himself or
delay his execution early Thursday
after cutting his wrists.

_ “Would it really surprise you that
he would try something like this —
to go out with some sort of glory?”
Corrections Department spokes-
woman Robyn Zimmerman said.

About 3 a.m. Thursday, a nurse
checked Gaskins in his cell and
found him to be in good health. Two
corrections officers sat outside the
cell and watched Gaskins, who had
a,sheet and two blankets over his
ey. fe turned occasionally.

: ee hours later, as his breakfast
was. about to be served, officials
failed to get a response from him.
“They lifted up the sheets and there
was blood everywhere,” Ms. Zim-
merman said.

But they did not know how Gas-
kins had sliced his wrists and the
inside of one of his arms. They theo-
rized he used his clipped fingernails
‘Or~his teeth, but weren’t sure be-
cause the wounds were so clean, she
‘said.

Gaskins was taken to the infir-
apary,. where he received 20 stitches
and was wheeled back to his cell,
tt ere two corrections officers then

at inside the cell watching him.

'- About 2 p.m. Thursday, Gaskins
furned to one of the officers and said
hé-would give him something. “He
‘fock his hands and pressed his ster-
‘fim and coughed four or five
‘fimes,” Ms. Zimmerman said. “He
appeared to be vomiting.”

#She said an officer then found an

‘old-fashioned Schick injectable

single-edge razor blade in Gaskins’
mouth. Gaskins is believed to have
swallowed the razor last week be-
fore he was moved to the death
house.

y>He apparently sliced his wrists
and arm when turning on the bed
after coughing up the razor, then
swallowed it again.

“He never moaned and never
preatied. ” she said, but was weak
when guards found him.

"Gaskins told corrections officials
late Thursday that he had been swal-
lowing and regurgitating items like

fF lai df. ay
razors for several years in prison.
Security was increased, although

Gaskins already was under 24-hour —

watch, Ms. Zimmerman said.

Gaskins spent most of the evening
before the execution with correc-
tions chaplain Mike Brown. When
asked about his spiritual well-being,
Corrections Commissioner Parker
Evatt said a minister had told him
Gaskins was “saying all the right
things.”

Evatt said he visited Gaskins
about 5 p.m. and gave him a handful
of freshly picked cotton bolls from a
Darlington area farm. Evatt said he
told Gaskins, “I know you used to
play in the cotton fields of Florence
when you were a little boy.”

Gaskins, who smiled but never
spoke, was lethargic and did not get
up when Evatt visited him, Ms. Zim-
merman said.

Shortly after 10 p.m., however, his
mood changed from somber to talk-
ative. He told a corrections official

he was accepting the fact that his -

execution was imminent. He said he
was ready and wanted to “walk in
under my own power. I don’t want to
be helped.”

Lying on a cot in his cell, he remi-
nisced with prison guards, a social
worker and a chaplain about his old
days as a boy in Florence County.

About the same time, the U.S. Su-
preme Court denied a two-track ap-
peal from Gaskins’ attorneys, said
Mark Elam, a chief legal counsel to
the governor. The appeal had moved
from the federal 4th Circuit Court of
Appeals and the S.C. Supreme Court.

A short time later, the U.S. Su-
preme Court voted, 8-1, to deny Gas-
kins’ final plea for a stay of
execution. Justice Thurgood Mar-
shall, who opposes capital punish-
ment in all circumstances, was the
lone dissenter.

By 12:20 a.m., Gaskins had not
made an appeal to Gov. Carroll A.
Campbell Jr. The governor refused
a request for clemency last year
when Ronald “Rusty” Woomer was
executed April 26, 1990. Gaskins
was the last death row inmate with
whom Woomer shook hands before
he died.

Gaskins and Woomer both upheld
the death row tradition of ordering
pizza as a last meal, but Gaskins did
not eat. He drank coffee during the
night.

The electrocution lasted two min-
utes and 13 seconds and included a
burst of 2,000 volts at five amps for
five seconds, followed by 1,000 volts

Bst Charlesfon, Sc.
G-6-A/

at two amps for eight seconds, fol-
lowed by 250 volts for two minutes.

- Power to the chair was set on an

automatic cycle, and activated with
the push of an executioner’s button.
Three unidentified volunteers in an
adjacent 11-by-12-foot room behind
a one-way mirror positioned them-
selves next to red buttons on a small
metal box. All three buttons were
capable of sending power to the
electric chair, but only one was ac-
tive for Gaskins’ execution. None of
the three knew which one. Each was
paid $50 for his work.

The chair had been tested more ESE BRS

than 20 times in recent days.

A hearse waiting at the rear of the
death house received the body. It
was taken to Richland Memorial
Hospital, where an autopsy will be
performed. The body then will be
turned over to Gaskins’ family.

Ms. Zimmerman said corrections
officials were unaware of funeral
arrangements, but said the family
has discussed cremation.

Evatt said the mood among the
state’s prison population was som-
ber prior to the execution.

The atmosphere around the Broad
River Correctional Institution was
tense, owing largely to Gaskins’
reputation for luck, trickery and

Photo: AP/Wide World

Pee Wee's Big House

Continued from page 49

interventive treatment, but he stayed in trouble
and later attributed his six failed marriages to long
stints in prison. Before he was ever accused of
murder, he'd pulled 17 years for other crimes,
most of them violent.

When on trial for carnal knowledge of a 13-
year-old girl in 1964, Gaskins jumped from a sec-
ond-floor courthouse window and fled to the
swamps, where he eluded police for weeks. Pur-
suers were sure they’d caught him when they
heard bloodhounds baying in the distance, but
found the dogs tied to a tree and Gaskins gone.

While in prison for murder, before he killed
Tyner, Gaskins was out of his cell up to 14 hours a
day and kept the prison pay phone and jailhouse
lawyers busy. Once he sued the state for not treat-
ing his hemorrhoids as he thought they should.
From death row he wrote letters with off-the-wall
suggestions, such as his solution to prison over-
crowding:

“There are plenty of islands, such as a desert is-
land 650 miles from Tahiti. Just send life-term and
death inmates there, myself included. I’ve got 23
people ready to leave tomorrow....The place
wouldn't have to be guarded. We could farm,
grow the food we eat, and it would save the state
millions of dollars.”

Gaskins also volunteered to fight in the Persian
Gulf War with a squad of condemned men.

Stranded instead at CCI, Gaskins had a pen-
chant for squirreling his prescribed Valium and
contraband drugs for megadoses. Twice his trial
for killing Tyner was stalled while Gaskins slept
off overdoses.

Even under guard. he obtained razor blades and
smuggled them into the death house, where he cut
himself to prove he could cheat the chair if he
chose. It took 20 stitches to close the wounds in
his wrists and inner arms to save him for execu-
tion.

Gaskins was a paradox. He helped friends and
neighbors, and his home was open to those with
nowhere else to go. But he could kill people and
face their grieving relatives without flinching.

Gaskins allowed no rough talk or drinking in
front of a child, but he raped young girls and killed
them. He said of one 13-year-old girl that she was
sweet to stay alive as long as she did, although tor-

_ tured, and that she must have known that it made

him happy. He told police in a 133-page confes-

- sion to 15 murders that he'd drowned a two-year-

old girl because her father was black, but later said
in his autobiography that he'd strangled the child

' while raping her and had lied about it, knowing he

would lose status in prison if word got out.
Gaskins projected a macho image, although a

_ psychologist’s report indicated that he was, at
- heart, a mama’s boy. He kept a vat of acid in his

chair—so he filed an-
other appeal.

‘terminable for Cimo, —

AVENGING HIS PARENT'S MURDER

T ony Cimo never thought he’ could under-

stand killing without remorse until he
did it himself.

Cimo never touched the explosives that
killed inmate Rudolph Tyner on South Car
olina’s death row in 1982, but he arranged
the murder.

“| don’t feel as bad about killing Tyner as
| would a rabid dog,” he said afterward. “It
had to be done. It’s something that should
have been done. And now it’s over with.”

Tyner gunned down
Cimo’s mother and
stepfather in a robbery
at their country grocery
store near the coastal
fishing village of Mur-
rells Inlet in 1978. He
was convicted and sen-
tenced to death, but
won a new trial on ap-
peal a year later. He |
was again convicted —
and again sentenced to —
die in the electric

The waiting was. ee

who dreaded the...
thought of yet another -
trial, reliving the horror .
and the loss.

He couldn't shake
two visions. One was .
the bloody picture. of
his parents on March 18, 1978, the night
he found them dead in.the store, their bod-
ies ripped by shotgun blasts.

“There was blood all over everywhere,”
Cimo recalled. “Mother’s left arm was
about blown away, and there was a hole in
her chest. | tried to get a pulse. | got a
strong one, but itwas mine.

“| went to my father. | knew he was
dead, too. | kept going Hon one to the oth-
er.”

Cimo’ s sister had found the bodies first.
He heard her scream all the way across the
state highway that ran between their family
home and the store.

The other vision that Cimo couldn't
shake was of Tyner on trial. He had sat at

Cimo:

the defense table laughing. Later Cimo |

heard that Tyner had kept the shotgun
shell that killed his mother as a souvenir.
While Tyner’s appeal inched forward,

Haunted by the laughter of his
parent's killer.

Cimo couldn't sleep. His wife, Jan, often
found he had left their bed in the middle of
the night to stare silently at the wall in the
den that was covered with family pictures.
A bricklayer, Cimo found it hard to concen
trate on work. He’d catch himself staring at
nothing and wonder how long he'd stood
idle.

Convinced that Tyner would never be ex-
ecuted, he decided to do it himself and put
out the word that he would pay for a suc-
cessful hit on Tyner.
And behind prison
walls, mass murderer
Pee Wee Gaskins,
who was serving 10
life sentences, engi-
neered that hit.

Cimo served three
years for arranging the
murder — about a
third of the sentence
imposed by a sympa-
thetic judge who said,
“| do not approve of
your action, but | un-

derstand it. The
wheels of justice do
grind slowly.”

Gaskins was sen-
tenced to death, and
that sentence was
carried out nine years
later. He said that if
the state was interest-
ed in equal justice,
Cimo ought to be sitting in his lap when the
switch was pulled.

Today, Cimo doesn’t like to talk about it.
“| would like to make it a part of the past,”
he said.

But he said he hasn't changed his mind
about the death penalty. It should be car-
ried out swiftly, within a year of the sen
tence, or not at all. Otherwise, the expense
is unconscionable for taxpayers, and the
pain is unbearable for the families of vic-
tims and defendants alike.

Cimo has always said that though what
he did was against the law, he knows that
it was right.

Mot TT PRETO

CRIMEBEAT

mene ree 50 2

oe aa

GASKINS, Donald H., white, elec. SC& (Richland) September 6, 1991

The incredible saga of...

by BILL KELLY

t a time when murder
A: mayhem seemed

to occupy more front
page news than any other
subject, the murder of two
more individuals during the
course of a robbery seemed
of little account. So it was
that few outside the coastal
village of Murrells Inlet,
South Carolina, paid much
attention to the news that,
in the dusk of March 18,
1978, two bodies, ripped by
shotguns blasts, had been
found in a neighborhood
mom & pop store.

In a less cynical world, the murders
would have warranted direct atten-
tion, for the way the aged couple had
died was both appalling and pitiful.
There was blood everywhere and the
woman’s left arm had been literally torn
from her body. The assailant then lev-
eled his shotgun and blasted her chest
wide open with both barrels.

Not far from the woman’s body, her
husband lay dead. He also had been
blown to pieces by the double blast of
a shotgun.

The daughter of the couple entered
the store and discovered the bodies.
Across the state highway that separat-
ed their family home from the store,
her brother, Tom Kobler, put down
38

PEE WEE GASKINS:
THE DEATH ROW

HIT-MAN

Donald (Pee Wee) Gaskins.
. Some lawmen think he may
have killed 100 people.

his newspaper ai
the window w
ter’s screams. |
And his breath «
Before him on

country grocers

Tom manage

Within minut:
was flooded by «i
bors and emerge!
mediately detern
dead.

The cash regis!
empty. A later ta!
calculated the ro
$50.

The sheriff's
officers made a
premises and acq
the family to m:
through the st:
potential leads.

When the cou;
her composur:
shocking disco’

The son, Tom
did this if it tak«

As news of th:

iding

‘, but
icted.
yrtle
sen-

1; In-
rsaded
three
‘mick
row.
Inlet,

ced to

- con-

‘ed as
1 con-
ilty to
Iping
‘ed to
wrk re-
a folk
/ who

: would never forget the stench across the
: state when his victims were dug from their

: the stuff that movies are made of, and
: one was. In Vengeance: The Story of
: Tony Cimo, a rugged actor played Pee
: Wee Gaskins, who got his nickname
' from being short and wiry but scrappy

At 13, he nearly killed his cousin...

he beat her with a blackjack, struck her head with

a hatchet, and threw her in a ditch.

were disgusted by the time it takes to carry
out a death sentence.
Pee Wee Gaskins, then 47, was sentenced to
die. He said in his memoir that he probably
could have gotten the death penalty for jay-

walking, and that may have been true. Of all
the killers moved off death row years be-
fore, courtesy of the U.S. Supreme Court,
he had been the one whose escape from the
chair most rankled South Carolinians, who

makeshift graves. It was Gaskins they cit-
ed when death penalty advocates pro-
claimed, “If anybody ever deserved it...”

The link between an amoral reprobate
like Gaskins and a God-fearing, church-
going, law-abiding citizen like Cimo was

and mean. In the film he was called
“Lamar Sands.” Because Gaskins’s ap-

Pee Wee's Send Off: A pro-capital
punishment crowd bid farewell to a
monster

NOVEMBER 1992

peals were still pending, on lawyers’ advice he
couldn’t say a word about the nonexistent Sands
taking credit for his masterpiece—the impossible
murder that had happened anyway.

Donald “Pee Wee” Gaskins was short in stature
but long on legend, even before he was exposed as
a mass murderer who’d hidden corpses in three
South Carolina counties, and even before he
pulled off a death row murder to prove that it
could be done.

For years, Gaskins was at the center of a contro-
versy over whether his reputation could possibly
be justified. His brother, Marvin Parrott, doubted
it: “Once a dog sucks an egg,” he said, “every time
one is missing, they point to him.”

But Gaskins was known as a small but mean
machine all his life. Around the crossroads com-
munity of Prospect, in South Carolina’s tobacco
belt, “Junior Parrott” had been a child terror who
carried knives and blackjacks to school. He

dropped out in the sixth grade after pulling a gun
on the principal.

Born illegitimate, Gaskins changed his name
after he learned in court, upon being sentenced to
reform school, who his father was. But he did not
know his age un-

til prison officials obtained his birth record so that
the information on his death certificate would be
accurate.

As the headline in one South Carolina newspa-
per put it in 1975, when Gaskins was arrested for
multiple murders, “Junior always was a little dif-
ferent.”

He was sent to reform school for the first time
at 13, when he nearly killed his cousin. She'd sur-
prised him burglarizing a house, so he beat her
with a blackjack, struck her head with a hatchet,
and threw her in a ditch.

In 1950, the head of the state institution for ju-
veniles wrote a prophetic summary of Gaskins’s
“recurrent instances of psychopathic lying and
stealing,” as well as his escape attempts and vio-
lence: “We are...sure from our dealings with ab-
normal delinquents,” he wrote, “that this boy is
anti-social, and there is something in his past de-
velopment that is preying upon his mind...

“We consider him dangerous and also believe
that he has the homicidal tendencies peculiar to a
paranoid type. We are requesting psychiatric treat-
ment and also requesting proper placement in
view of the fact that we have been unable to adjust
this boy to our group.”

Records don’t show whether Gaskins received

Continued on page 58

Photos: South Carolina Dept. of Corrections; AP (bottom)

\EBEAT

(£ Not every man is privileged to live a life as free and
pleasured as mine. Once you decide to kill, you set
yourself free to live the best kind of life there is. 45

yard and dynamite in his refrigerator in case they
were needed to get rid of somebody.

When not in prison, Gaskins tooled around
Prospect in a purple hearse with a skeleton dan-
gling from the rear-view mirror. He carried a
shovel in the trunk, as well as handcuffs, chains,
and a stiletto.

He had a strict moral code for others, but he
never applied it to himself. Only one of his six
marriages was formally ended by divorce, and he
cheated on all his wives. Because he treated inti-
macy like a bodily function with regularity its
primary goal, he preferred married life to being
single. In prison, between wives, he proposed to
a newspaper reporter, who later decided to be-
come a nun.

“I couldn’t possibly marry you, Pee Wee,” she
explained. “You've been married six times, and
I’m Catholic.”

That seemed to satisfy Gaskins, who under-
stood standing on a principle, no matter how
warped his own might be.

What appalled many South Carolinians in
1976, when Gaskins’s graveyards were un-
earthed, was that he had killed so prolifically
without detection. But he was no solid citizen,
and most of his friends and associates weren’t ei-
ther. His was a world of promiscuous small-time
thieves and thugs, liars and ne’er-do-wells, who,
like Gaskins, considered murder an acceptable
way of removing life’s obstacles.

Almost all of his known victims until recently
came from that circle of acquaintances. They
hung around Gaskins and at some point did him
wrong or violated his code.

Law enforcement officers and prosecutors
who had dealt with Pee Wee Gaskins believed
he would talk, if there was anything left to tell, as
the shadow of the electric chair fell long and
dark across him. He had a history of producing
corpses when he saw an advantage in it. Once he
led authorities to three hidden bodies for a conju-
gal visit with his wife.

In court, he calmly told one judge, “There’s
quite a few bodies that’s never been mentioned,
that’s still in the ground, but you’ve got enough
for now.”

When Gaskins did talk, however, he chose to
do it from beyond the grave. Nine months after
the execution, his confidante, South Carolina
writer Wilton Hall, published Final Truth: The

NOVEMBER 1992

gage esccesemere+ aati

Autobiography of Mass Murderer/Serial Killer
Donald “Pee Wee” Gaskins, prepared from
death row tapes and journals. Unaccountably,
Hall disguised his own connection with the
book. The byline on its dust jacket reads, “as told
to Wilton Earle.”

If true, the memoir reveals an even more sinis-
ter Gaskins than anyone had believed the man on
death row to be.

He claimed he didn’t know how many people
he had killed because counting them was like tal-
lying a lifetime of sexual experiences. He got
distracted recalling especially good times.

He disdained law enforcement for not solving
scores of murders before Tyner’s. And he felt no
remorse. In fact, he said he was born “special

and fortunate. | am one of the few that truly un-
derstands what death and pain are all about. I
have a special kind of mind that allows me to
give myself permission to kill.

“Not many men is privileged to live a life as
free and pleasured as mine has been. Once you
decide to kill—and I don’t mean killing some
pissant in a bar or two old farts in a holdup, I’m
talking about deciding to kill anybody you want,
any way you want—once you get to that point,
you set yourself free to live the best kind of life
there is....When they put me to death, I'll die re-
membering the Freedom and Pleasure of my life.

“T’ll die knowing that there are others coming
along to take my place, and most of them won’t
never get caught.” CJ

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by John Kobler

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This is a whole and rounded book
(and a fascinating one, too) that is
indispensable to understanding the
antecedents of organized crime in
the United States today.’’

—New York Times

‘‘As complete a dossier on the life

and times of Capone as is conceiv-

able ... it is fascinating reading.”’
— Peter Maas

$14.95 paperback

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J.B. ‘Cooler. on. the. ae of. mae carried ‘tins Id ee ee ae Sagittal | é sew Jonh where Cooler was cbying Jasper said that Beynolds : hed ‘
= Jesper fern +0 de be wee ist Abe, bneteel. remained mbout half.an pour, [him that he had loaned Epekicl
1. ine rot the defendant ufter the |)" **. there. when, Mr. Cooler wes {man the Gun 2 :
re AE hat night: eupertew wed | ent ie poner Ezekiel Sherman | shooting. Ezekiel. denied 1 ine vie
x Shes Ae ath ot ¢ : come out, =f wea-in-the atore half business. age Os
a Sones, We Pe Bair Hy a . ee ie nerysey ving _comanten | hour before fhe. shooting. - . | Croes- Pec einatlonie oe
“ . a Cooler wou J pat come over there any Se ‘Alston, Keans Neck: 1. The Corner Ie about £30 ya i
. snore, | had pe. conversation with! Lye ne Saint Helens Iwan | Dale's store. , .
on mors ‘night Cooler was, shot. was on . ~
. a Aetenie” an the. other” defendants. ap Was. not: ni John. Middleton:
ee were: 9 anki et Cooler was , MOOG 5 a | Serer Sto anne scare ee a Hosea pi store seal the a
on a pera Middleton; H. As | Se eee eletbona cowie pee Cross: sexemingtion: |
- Macbeth, af Sayaniah, ‘for. ‘Jaaper| “The Bisel on the “aland dia ane? a elrrrate ome ele ‘1 don wie toying “goo :
© Green and Dave’ -Reywolds. Tee” $0- know. that we were coming. Jasper ‘about 300 ar 400 yards from where eae Ag eae ‘

eid me about the combination while! shooting took place.
I] know Joho Middleton.

Vieitar was agsiated by Measrs Huteon |t
and Serkim Lin gail * er the Fame ae We were’) a. Seow:
Tee Loiiee isthe. testimun, of | coming! own the £ HiaabS-— piailinr - eed Oe to! i
O ahé SOR Ec we were to stop that night, end had . iM was WORRTEG ig for Re Wm. Ke a mee apie ring ne ca
Dz. M. G. EW gy precticing, por: | Sou naga nolda’ sjers. 16 he Exek re naicerner Store.) MM drunk. yHe was abou
ies, of Be, oes going. toward wenty V hi oF Pe spight ds he. pe mes
al came from” outh. im-in men fi going home. He jury capes
"| took me tot he gate and said he waa | “Rosa Middleton;
] wxs home on the evening - cot

. Held. autopey over ody af ha ;
Cooler on March 30th. Was. with| was on Mr. Cooler's right. Jt was)

the night of March ‘ten minutes to eight | when we: “Veft | going g home. This” ‘was 8:30 or 91

Jo’ clock. ‘He. went, on down the « ‘poad killings Robbie and Oscar were

shim white: alive on t Ee eel
‘Bailey's atore. © could te that th
ley “' after he left me. - | am married and, home that evening. . Robbie ha

Othe. Had 6. bullet. ‘wounds in, face iis drink
yaconsciovs all night, erowd . at the ha ‘were drinking »
g gz by, j Ezekiel Sherman. is a married man. \old man by the arm helding hi
the chair trying t ta take off bis el

“and neck. “Waa
“= and died about 6 o'clock. the. next | their behavior. and. carrying | on. IE: Sarah Midd
_ morning. - Had. four bullets .in head could only secognize » Penfied. Chaplin | arah Middleton;
bed | and Reynolds. When I got back: | was in: Hale's store when ‘Josh | having fun.
came there and said Mr.: Cooler. was | . Cross-examination:

and one in neck. ' Doctor ‘descri
ds; three ‘there after Mr. Cooler was . shot. ale ,
Oe ;shot. “When I got home J told” my - The old man was drunk: bie:

the location of: the woun
fractures of © skull, and exbibited | of the crowd were gone. mae
buck-shot taken from head., Never) Arthur, Rivers: maa wai ‘people. that the: apy. wor apelsy ee not know where he got the = [i
Live on Saint Helena sland was eit Gilbert Roaeh'- i Caen Ut. was a good while before sun:
Jiwent to, Jobn ‘Middleton's 8 aan I did not come out again. . Ls
think it was a mile to where

‘reeovered from the shock from the
Was called about &: 349 or! at Corner Store on: night Mr. Cooler,
the night. Mr. Cooler was shot after

was killed. 1 heard the gun shoot!’
while | was going to John Middleton’s., he was. shot..: J did» ROL “see, Oscar
Mr, Cooler. Have heef market. There was no one at: ‘or Robbie. there. a ; hee
at court house, | AnaOh A then went to sherman, CFoascexemigation J was at home when | “heard
utiGantt’s _Lmet. Pate Reynolds. ‘| went about: & .30 0 lisse I went | shots when Mr. Covler got. k

My sister, Sarah, was at the.

shooting took place.
John Middleton, Jr:

wounds.
’ ing elock, p. m. oD Mareh 24th.

. _ Jesh Deas: .

riffs for abo
é ivers sitting. in the front, a aie not hear them
good while talking. 0 ce when the shots were fired, and
someone | Mr. Ford: St. ‘Helena Island! ‘Jus who got shot. Jama brothe
Robbie and Oscar. :

1 After-| Manager fur Macdonald, W ikins, &
nt dp. Cooler Co. Attention called to fact that Sem. Holmes:
- Jasper F gaught ust ohn: Rivers Dave Reyne ds ha d tought buck-shot, vd was at. the Corner on: ‘the eV

I focked from a window ‘and | Mr. Cooler was ehot. | met. E
‘with the pur gels 7s dows Sherman a little after pur-dow
ee thet COMET Store. ig

a4 there: ‘some “nights.”
“ Gorner Store (7 or ® miles) _
or B o'clock. We searched the’ ‘place was.
of w womar. named Johnson about: 2] and. it on my way home.. “He was on! yhells
xocowhe ve a Sister tO, a horse, J did not talk” about — Mr.! bore h

or dia: qe joe ne,
Dace Ke ymuice, Br Whe ive de :
: pmide, BY ved. un r | Cooler being killed, ae did fot bets the rad.

denied Lecwing ‘anything t
claim to meron Sherman |
p with -Gestt, Reynolds; and}f >
n: ‘Middleton. | - Ezekiel ‘Sherman, | S03
ert and Oscar Middleton + were eek
et we were shoes, to. ‘Sherif saat a
xed if be. recognized:

nolds’s writing. “They wre
cdward Dale from Reyna
Sheriff frown Reynolds ar
riff from Jasper Greén,

utes. later he heard
per said that’ Beynolds

. that he had: loaned Ezek:

oting. Ezekiel denied x
iness. ree es
es-examination : ;

e's store. Mike hoa
in Middleton: Syed, eee
closed my store. eae ie
n of the night Mr. Cooler\
s8-exsmination:

don’t know anything: “about the : ae The Big : Bonus ‘Vote.

e at all. 3 aay £|

a ; i For the » Contestant that will have

CS
" _ Juhn Middleton. saw | Dollars we will give a bonus of 10,000
i about 4 ofeluwk trying geil be iseued as per gsc neciuie at votes

ne, staggering in the ruad like he |

sdrunk. He was about half way. Clara Goodwine : a — 2
obec f ey ? rads fae 1 live on St. Helena Island. q Live
38 Middleton ; fo at ae Neo 4 over three “miles from: where Mr.
| was home on the evening ne OS one \ Cooler got | killed. , Jasper lives 4° or
ling. Robbie and Oscar wer |5 acres from.me. . Jasper called from.

ne that evening... Robbie h Fhe, my gate and said *the spy get killed. we
/man by the arm: belding hin: on | He came back that night and T: ‘asked
» chair trying to take off his clothes : | him if he knew who killed the spy.
ving fun. eta, it He said ‘‘Some crazy - man’ or. some
Cross: -examination : sees e i man avhat ain't get no. sense.’ Agee Fi
The old man was erik burt a dol heard him moving in “the “nouse -ajl:
t Know where: he” ae. ‘the; is por. | night.°* He left. my house at. daylight
was a Z00d. wbile bell ; wi a and went home, =~ ae:

Syames ‘Green, Irs; ‘afterward retailed
i I swork about the store of Macdon- |.
WE Midalotsn gE: ras a oy ald, Yilkins & Co.,. and was. ‘work-
Pee ae ea hence eat ‘ing there on the 29th of March. 1.

ee ‘knew Dave Reynolds. © He went to
ots when Mr. Covler got killed. _ the store on that day and bought two:
cede, ud a oak
who got shot; Tama a brother: ig Dave told a-man in the: store. the
obie and Oscar. ers

Cae took os

* Né other buck-shot. shells were, sald,
m Holmes: that day. _ nae rite

I was at the’ ‘Corner on the even ng g ‘russ-examination : ee F
. (Yr was éhot. Lmet Ezekiel! It wus about 4 or 30. 0 "lock avhen.
crmna“a@ little after opi Ge wp at yt sold Dave Reynolds. “the shells. | Al.

Re Tod Cates Ae tne 6 1

{the boy . was “making » the ‘change.

|Dave Reynolds: =

gt | Spigs had ‘searched his sister’s” “place. :
jcare swhether the ‘Spy was: = vwhite:

Lim a gun. ‘I told him.it was Jean-)

turned in to us the first oreentysiie
votea in addition to the votes that

A BESS sted elaewbere in The Gazette.

was killed. gh ada ere
13. B. ‘Thomas, St. sees ay

“Y work for: Macdonald, ‘Wilkins: ;
Co. Isaw Dave Reynolds - ‘come 16.
the. store ‘on the afternoon of the 29th:
anst, end.buy two puck-shot - -shells..
He had a double-barrel_, gun. “While

George Perry asked him ‘‘Whohe was .
going to shoot. ‘Was he going 10 shoot se
the spies.’’ <
jtalk. es me ‘

“4 started from home in the after
noon, My sister told me: the’ spy

a white man and a colored man come - ;
tothe store. They searched, “but” oe Pe
found nothing... 1.then went to Sher-. - ”
man Gantt’s shop. George and. Pen-_
field Chaplin were there | and. Ezekiel
Sherman came up and said he» didgy

~ tHe asked ‘me to. joan.

we, w/e

was there. Just before dark .1 saw fat ie

ing against a ‘tree. 2

About 20 mi nutes

p. Corner Storé. ad yes ae fy brow it Was the same. oe Beg Cooler:

a
wet
i # ‘

ee, aes

p sea

AAMAS ALLA SAS AM ARETE: MERE ARE PEE IETS 2

\Trial of Murderers
Of Constabte Cooler

: "[Centinued from tege mbes _
3 just

1 didn’t
] was in

ete { heard the gue ehoot.
taught the ahelle just oo.
eae the spies were there.
Pery field plowing all day.
the letters because I was in jail. on
suspicion and wanted to clear ‘myself.

1 didn’t know. what | be ee the];

gun for. sme
C ee resiation z,

I kept a meat market, . green welt
“the |
“to them! in: the road.
Macdonald, Wilkins & Co., about | 12:
o’clock. 1 didn’t know of thy sister’s.
restaurant being. raided until J “came

cery and farm. ee had Do.one “ja -
shop with me.. ~My: sister lives: .
the same ‘house with. ‘me... 1 -went™

back, about.3 or 4 o’elock.. I
bought the shells before 1 knew | of |,
the raid, .1 bought the shells just so, |.

$A AACE LE IOLA REO

nee @ double: barre! gun. ©
that lives aver et Pollawang

| Perhepe my gun te the only.
barre! gun at the Corner.
Jasper Green:

1 was going home and. met - Josh
Dees at Reynolds’ shop. .

me to go
Jush Deas. for a while... Mr.

asked me to. jend him cs horse,

Cooler
bat

1 wrote) sugt, anid he didn’t need the horse.
41 met Penfield Chaplin.

As said he

would beg. before . he’d ‘have. Sates
up -and- said

[by Paul" alclnee

3c E. Hemick:*

The following ‘is the Suiaence | given
othe - Epon ai

‘He -arked| “Hs
wi walked 1 around with

of ihe ahectlagg of” asker, ©
came from the direction of the’ pos
office and ‘was within about 100 yards

| of the spot when the shots were fired.
,] Josh ‘Deas was the. ‘only. one whom

7 he saw come from the “direction” “of

were coming over “there oe Ge

/ santil i. met

when I met them coming ‘trom’! : the
Corner ‘Store.
Corner Store ‘until after the shooting ;
was sitting at. Gantt’s store. As
soon as the gun 4 ae Dave. Reynolds
Laon Holmes

id us. “who

1 bupght ‘them to hunt with, ‘to shoot |,

some ducks. _ gave -
lehelie and the gun. twas. ‘about. 20

minutes before the. shooting. « Hel :
went behind the flying horees and the arae anti

bushes, not in the road but in Ae:
asme way to where Mr.
shot. I heard a big talking ‘at Vet-:
eran’s Hall to Josh Deas. . _Exekiel

|said that he “Didn't. give a damn j”

oe af yestaurant qwas made.

: ‘back ay
shooting. 1 waited for. Kzekiel ‘gg ees? eo Hin:

back my gun, bet I didn’t see

bri
him any more that night. I was
there 5 minutes after everybody went

_] was. snot ‘ drinking that | ..

J ton’t know what time:
sch wanted

er aeheey’

for them. . ‘aid ‘not “try “to leave:
them. . “Mr. ‘Cooler asked me for the

didn’t need|fending Reynolds and Green.
deal of} voiced the sentiment of ‘the amg

a good
Chaplim,
nd_Dave were there.

2 was jaround - the? .
at Gantt’s shop on my. way. back. ©
Saw Reynolds and some boys there at__
_ Did pot tell ‘anyone there”
mediainy a8 was shot. ‘Went home Im-

that time. -

|time. ‘He said be still had the shells,

but did not show them. Was it

{Sherman Gaatt’s shop about half an. :
_[ athe sorte De i ae

_Macheth forthe Defense.

HL A. Macbéth, the _ colored a

| tirney forthe xlefes » his argo
ment, explained that it as. very
unpleasant dcty that he was appoint-
ed ‘by the Conrt to undertake’. in. de-

able negro element of Beaufort Coun-

SU ed ai raat cere

re jty _in saying _that | ithe “guilty man i eke

a “alent 1 wee

there & minutos afde¢ PSD Mealy wwaraet

hume, | ‘we NOR Urtehitge thae
night. I was arrested the next
morning. I don’t know where Josh

and Cooler went after they raided my
sister..
Hall after they. left. -
quarter to a haif
Ezekiel asked: for
borrowed ‘the gun. | 1. told Mr. White
{ had. no gun’ because I did. now. “want
to get in trouble: °

ae from my shop.

|A big crowd, ‘about 20° head; “were
about the Veteran - Hall ‘talking to
Josh. 1.did not tell. Josh about) any
home-made Jaw and. that <1 had: to};
have satisfaction. | Ezekiel and. 1
went down the ‘road. together, “but I
| went to Waterhouse’s store. . Ezekiel {?

. I heard the crowd at Veterans. wht rence

‘lilive from. a

€ shells when «he.

“T closed my. store"
before the killing and toaned ‘Ezekiel ] _
the gun. after. closing~ the - store. |

horse, ‘but Josh ssid ha ‘didn’t oeed
thee fieseme They hed a wend deal af

Gleurbences at Ctra
Somat. 8 Bee gs bee,
€zekiel, Oscar and Davo were there,

John Rivers and Dave Reynolds were
shop when 1. got: there.

Dave said “Oscar: got him’’ «when
the gun shot... 1° stayed at. Clara
Goodwine’s “all night.» I “wasn’t
scared to go: home. ... “My” ‘house: oe
only. 4 acres from. Clara’ Bee = te

Cross-examination. by. Beckett: aha

~ I heard David Bay ‘thal if. Gt” ‘Was |
Josh he would give him $15. 00. “That
was in Columbia. .. Shooting. occurred

about 350: pyerds from’ the es

Stone
Mr.

the: ‘defendants, : Robert | sand. Oscar},

did not borrow the gun” “uotil A ‘got

| J did not buy buck-shot. ‘cartridges |
to kill docks especially, but. just any-

of Henry Parker.
{ducks that day...
| time it was 1 saw the crowd. at. the:
| Veteran Hali.. Mr. Cooler was shot

about 20 minutes ‘after: Asaw- the].
crowd. Thad closed ‘ my ‘abop | ‘about’
half an hour ‘before © ‘this; had no

| time-piece, 80 don’t. know owhat time.
{it was. The shells were 12 guage
]and the.gun is 12 guage. | loan. the]
|gun to Ezekiel but. “pidn’t . ask™ abe
} | what he. was going “to do with ©

back to Sherman Gantt’s, Le
. Cross-examinatiun, hy Beckett: : ap S —

A don’t know what]: oie
wiven in the wecond ris} as. in the: ‘

Middleton ren Esekiel ‘Sherman.

Green and Reynolds Guilty.

. Preetically oe ‘Gaine evsdence:. was

“The following is the list « _ jaro
who served ‘on the -gecond ‘trial : sand]
who breugbt in a verdict of guilty in|

} de iaedbccloredntiet after. Sige aia to]

their. reom: ..
LB. druids, Semen: El “p,|'
Searcey; D. D. Neal, Sam ‘Paul, -J.

tJ E: Goethe, M. T. Same, EB. Cros.
2 i apeat a ieee oe ‘lex. rows! by, , We. : :

see, ;
oy
4

ds canis a Yor

‘Great Popularity Costest.

sete tae eee

lieved. the: finding. and. convicting -of

Beckett moved for: a gireckion ,
ef verdict of acquittal for three of|

lo of ‘the “administration ’
. of and. eects: of irene Fields

Held on Tuesday of ecand “Week--
@# \thing. The pond I spoke of ‘is. near: Ae Rate.
{my houne.. It. welengs to : ‘the estate, are

on ee ‘August 18, 1918, “after 4
I did not see. any] wt

ee hereof, at. a

|seate of: Bonth. episete

jand State aforesaid, and will sell. the!” |
[same before the Court. Honse door, :

Tee a Pe

Undertake | j
fending Repnsias and stiles ee
Voiced the sentiment of the respect.

bb °, Mey et ee nein of Reeitoes &
Sean be PUN iahed, ana earncariy
plead for the safety of the innocent.

He made a strong argument on the |
dangers of! “convictions on circumstah- a
tial evidence » and told a “pathetic.
story . for illustration. “He said he be-

wer bb wm,

the guilty man | ‘or men’ would’ once
more create’: the : good “feeling that
heretofore: existed between the “white: ’
and the colored ernie: ‘in pe catiore A
County: 2 ot oe

Ww ERASE :

¢ annon sh

Fannie -
‘Tl made suit to me; “to grant er letters.

“of abe cote ate

“ing of Probate, ae : oS Co.
Sheriff's Sale.

persons uamed, ‘yt soe
property ‘being in. Beantort: County wits

egal. hours. .of. anda aa

during the -1 a
Tneeday. August 5th, 1018, ‘ay ho
i leales dey, tor: cash to ‘hi ;

b der: aia

- - BEAU FO RT TOWNSHI Pp

‘Neleon Miller, 1 lot.and 1 butlding: fae
Guckenheimer & Sons,4 acres. |
Nancy Plato, Sacresufland. =,
JH Brown, 20 acreeand 1 building. - *
Mary Wallace, 10 acres of land :

Geo Green, 1 lot and 1 buildin
Amanda Allen, | lot and 1 bu itaing.*
Afv Vaughan. 1 lot.

+ °
) es <5.
ae

8A seq)

Mitee sei?)

iaahs =

sie Dee oy |
§- Sa © ©
eee
. ‘xy OD. er)
te ne.
rook
7, ° Ge
L; 7-2
k.~ it
ity’ Pde @ Ais
Bd ee ee,
Ee abi

put him in electric chair

‘The only time we can relax
our vigilance on Pee Wee is when
he is in hell.” fhe oo

—Dick Harpootilan, South Car- .
olina prosecutor who put Donald
“Pee Wee” Gaskins on: death
row Ned

binnich
By John Monk
Knight-Ridder Newspapers ° :
COLUMBIA, S.C,i‘—, Con-
demned killer Donald “Pee Wee”
Gaskins was once a prison lord.
In' the early 1980s, ‘as:the in-
’ mate, boss in the building that
‘housed South. Carolina’s death
row, Gaskins kept more than 100
other convicts in line, ran a mon-
ey-lending operation and had a
key to his own cell. Guards bor-
rowed cash from him. _.
Those days are gone,‘and last
week, Gaskins, 60, learned of his
jimpending execution, on Sept. 6.
«You feel numb, naturally;‘hear-
} ing somebody sitting across the
table telling you on such and

Rea tar
aie

oem
°

such a day you are going to.die,”.

Gaskins told The Charlotte (N.C,)

Observer in a: telephone’ inter- -

-view late last week. ~

Being strapped into the electric
‘chair will be even more horrible,
‘he said.

cious, most cold bloodedest, pre-
meditatest, murders that there is.
It can’t be no worse than if I was
to sit down and plan to kill some-
body.

“Two wrongs never make right

wrong if I kill anybody, and it’s
‘wrong if anybody else kills any-
body,” said Gaskins, in his first
public statement since learning
‘of his execution date.

After eight years’ of appeals,
Gaskins, believed responsible for
114 deaths, thinks his’ attorneys

‘ successful appeal. ‘
“Tm hoping with all my life,”
-he said. “But you have a sick
. feeling that it may do.”
) And as one of the Carolinas’
best-known killers waits, eye him
‘day and night. His cell — once
brimming with electronic gad-
: , gets, tools. and food — has been
iy virtually stripped.
‘ “Everything I got I can bundle
: in my arms,” he said. __
' Law authorities don’t apologize

they say Gaskins has a history of
‘ escapes and trickery.

/3f our vigilance on Pee Wee is when
’ he‘is in hell,” said prosecutor
Dick Harpootlian, who put Gas-
kins on death row.
But Gaskins replied: “I sure
don’t plan on going to hell.”
Gaskins — who, since he was a

} teen-ager, spent most of his life in

' reform school or prison when not
-»{ on the run — sees himself now as
{ a good man who could be better.
: He says his religion is private. .
“I don’t want to make no issue
_ in the paper about the religion
> deal use you know how the
euhiie will jump up and hollar,”
’ he explained.
Access to Gaskins is controlled

_ writing a book about Gaskins,
; the inmate said.
. “lve got a deal with Mr. (Wil-
. 4 ton) Hall,” Gaskins said. “I
~"} couldn’t do anything as far as in-
terviewing unless it comes
through him.”
‘Gaskins said Hall has been vis-

iting him every week for 15
months and is as “close as a mem-
ber of my family.”

“He has been good to me,” Gas-

it.
We

“That is one of the most mali- ';

— any way you: look at it. It’s: Gaskins

: have a small chance of crafting a.

for strict rules and surveillance; '

“The only time ‘we can relax.

by an Anderson County man .

kins said. “I found him to be very
sincere.”

Hall said Saturday that neither
Gaskins nor his heirs will get any
money: from any work he pro- |
duces. Gaskins also doesn’t con-
trol anything Hall writes, Hall
said, ye ens vi Beh .

Under South Carolina prison

regulations, Gaskins can select

journalists for interviews just be-
fore his execution. Gaskins has
chosen Hall, although Hall said
he has no objections about. Gas-
kins telephoning journalists.
Hall Seclined to. say much
about himself, saying he is a pri-
vate person who has written.
books under various pen names.
His father, the late Wilton Hall
Sr., once owned newspapers in

,Anderson:County, Hall said.

““T yeally don’t want to be a
personality in this,” Hall said.

But Hall is‘dealing with one of |.
South -Carolina’s most notorious: |’
_ personalities. ‘
* In the 1970s, Gaskins confessed
to killing 13 people and burying
them in private “graveyards” in
‘the state’s Pee Dee region around

Florence. But through legal tech-
nicalities, Gaskins avoided the
death penalty for those killings.

By 1977, Gaskins was serving
multiple life sentences for those
killings in a high-security build-
ing that housed South Carolina’s
death row and dozens of other
high-risk prisoners.

In that building, guards made
rison boss because He
was tough enough to keep other

risoners in line and skilled as a

ndyman who could make all
sorts of building repairs. °

Being cell boss was tough work,
Gaskins said. “You was cussed ...
you couldn’t please the people in
there.”

On Sept. 12, 1982, a bomb deto-
nated in a cell immediately be-
hind Gaskins’ cell. ,

When the dust settled, inmate
Rudolph Tyner was dead.

A jury in March 1983 convicted
Gaskins of being the trigger man |.
in an assassination plot involving
other inmates and a Murrells In-
let man, Tony Cimo. Cimo admit-
ted he wanted Tyner killed be-
cause Tyner had murdered
Cimo’s parents, Evidence indicat-
ed Cimo schemed to smuggle a]
bomb into the prison, but au-
thorities still don’t know exactly
how high explosive wound up on
death row.

Of all the plotters, only Gas-
kins got the death penalty.

Cimo spent less than six
months in prison.

“I’m as innocent of killing
Tyner as you are,” Gaskins said
last week..

Pinning Tyner’s death on him
was just a way to send him to the
electric chair, Gaskins said, “The
Tyner case — they could care less
about it. They was wanting me
on the other cases,” Gaskins said.

A Richland County jury that
heard evidence in Gaskins’ 1983
death penalty trial took less than
an hour to give him the electric
chair.

Since the bomb, South Caroli-
na’s death row has been moved
from a prison in downtown Co-
lumbia:to a modern facility west
of the city. Officials say there’s
little chance anyone ‘could ever
smuggle in a bomb again.

Meanwhile, he said he has to
put up with unreasonable search-
es of his cell and bad food. |

Gaskins says he sleeps only
when he “gets so worn out I can’t

hold tny eyes open.”

* Friday, September 6, 1991 A-9

%” “fessed to killing 13 people was executed

prison officials said.

Confessed killer dies
in electric chair::
CotumBiaA, S.C. A man who con-
in the electric chair Friday for killing a
fellow inmate. oo a ee
Donald “Pee Wee” Gaskins was pro-

nounced dead at 1:10 a.m., said Doug
Cato, deputy commissioner for opera-

tions of the Department of Corrections.

Gaskins, 58, was sentenced to death

~ for killing Rudolph Tyner in 1982. Tyner
was killed with a homemade bomb dis-

guised as a radio. .

Gaskins, who was white, said he
killed Tyner because Tyner was black.
He said his desire to keep the races
separate was behind some of the killings.

Several hundred death penalty sup-
porters gathered on the front lawn of the
prison late Thursday. Several carried
signs saying “Die, Pee Wee, Die,” and
“Goto hell.” = |

Hours before his scheduled ‘execu-

. tion, Gaskins slashed his arms with a

razor blade he had swallowed a week ago,

-—2o oo

San Francisco #

|. to killing 13 other people.

- ment of Corrections. .

“I$! CAROLINA

Gaskins, 58, was sentenced

UR oP aC Te oe Pe i, Cente Ret acs = a Seay 3s Fon ca? atte te
Fore MODE pa Oe, NPE SE ea Gases TANI eae. os Bites She Te
; NE SON eet eee e Shan yegtee eS ore

- Prisoner executed for killing fellow inmate
~_“” COLUMBIA — A man was executed in the electric chair
- yesterday for killing a fellow inmate. He also had confessed

. . Donald “Pee Wee” Gaskins was pronounced dead at 1:10
a.m., said~Doug Catoe, deputy commissioner of the Depart-

to death for killing Rudolph

.Tyner in 1982. Tyner was killed with a homemade bomb
disguised as a radio. Gaskins, who was white, said he agreed
to kill Tyner because Tyner was black.

LETRA LTP PES I Pe ee ed

OAKLAND TRIBUNE

ote Ves ote. eee
ile LL oe ee APE Nee iad

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6tV 1661

‘z saquiaides ‘Kepuoy e@ jeu} ag OyUaWeIDeS OUL

Hi - people between 1970 and 1975, fa

=k,

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=)
as
CD
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SEY

3 be y
Blew upfellow S :&

death row inmate? .

Associated Press

a
bh

COLUMBIA, S.C. — Donald He Yi «
Gaskins, who has admitted killing 1p:

death in the electric chair Friday for.
blowing up a fellow prisoner. eh
Gaskins, nicknamed “Pee Weg. .
and called a “redneck Charlie M& 4.8
son” and “a master of trickery” py,-.
prosecutors and victims’ families;

was serving 10 life sentences wheh, - ;
he was convicted of the 1982 slaying. Cag

of death row inmate Rudolph Tyner; a
at Central Correctional Institution. 4.4

Gaskins stabbed, shot or drownet!: ay

his earlier victims, burying them«in,

backwoods graves near the rurq@l; | |

community of Prospect in the heatt.
of the state’s tobacco belt. _ vel
A jury sentenced him to die for one,
of those killings, but the sentenigs
was tossed out when the state’s death.
penalty was ruled unconstitutional gs.
Gaskins made a bomb that looked:
like a homemade radio. It blew 2p :
when Tyner put it to his ear on Sep ; |
12, 1982, earning Gaskins ariother
death sentence. pak
Reform isn’t an option for Gaskins;
said Dick Harpootlian, who as deputy.
solicitor prosecuted the case. - ot"
“The only time we can relax our
vigilance on Pee Wee is when he isp.
hell,” he said. “He’s not afraid of pig:
on. But he’s really scared of that elea-
tric chair.” ant RY

1 he
oie . }° i
ey 2

a
a. te
egg UE

a's
a

Sate ad

In a recent interview, Gaskif§.
called electrocution “one of the most.
malicious, most coldbloodest, prenjés,
ditatest murders that there is. It cay:
be no worse than if I was to sit down;
and plan to kill somebody.” Set -

ba
!
‘

Authorities still don’t know haw.

Gaskins smuggled plastic explosives: :

into prison to make the bomb. But. -> *

Gaskins was a prison maintenant .
man and had access to tools. rane

He committed the murder for Toay: -
Cimo, whose mother and stepfatH&x.
had been killed by Tyner during$¥. .
convenience store robbery. tii

A 1986 CBS television movié,
“Vengeance: The Story of ae
Cimo,” detailed Cimo’s growing frusgs
tration over Tyner’s lengthy appealge.

Gaskins recorded phone conve
tions with Cimo, planning to use t
tapes to extort money. When
learned he was a suspect, he reco
ed-reruns of “Hogan’s Heroes” ov

look foolish. on

But investigators were able to 6x:"

tract the conversations to use as evj-
dence. pile
Gaskins, who is white, said he
agreed to kill Tyner because Tyner.
was black. He said his desire to k @
the races separate was behind somip
of the killings. at
He drowned a white woman who.
was pregnant with a baby fathered:
by a black man. He also drowned th
woman’s 2-year-old daughter, whose
father also was black. ee
Gaskins, who says he’s anywhere
from 56 to 62, first got in trouble asa
teenager. He was sent to reforgn
school for hitting a girl in the head
with a hatchet. wn
A psychological evaluation donejn
1981 said Gaskins projected a macho ,
image to make up for feelings of in.
adequacy. The psychologist said Gg;
kins is emotionally shallow and pré¢-
occupied with hostile and aggressive
needs. oe

een

ayii i
the tapes, hoping to make authoritiesay -

eft
?

ee cows

First white to be p

_ By David Margolick
_ New York Times

_Columbia, S.C. _
Nearly half.a.century and at ;

‘least 1,000 executions since it last
happened in the United States, a
white person was executed yester-

was put to death in the electric
chair at Broad River Correctional
Institution for the killing-for-hire
of Rudolph Tyner, a fellow inmate
and a black man who had himself

_ been convicted of murder. _

Tony Cimo of Murrell’s Inlet,
S.C., whose mother and stepfather
were killed by Tyner during a con-
venience store robbery, hired Gas-
kins to kill Tyner. Gaskins carried
out the killing Sept. 12, 1982, by
giving Tyner a bomb disguised as a
radio. ae ;

Not since 1944, when a Kansas.
man was executed for killing a:

black in an attempted robbery, has
a white person in the United States
received the death penalty for kill-
ing a black.

Before yesterday, no white has

been executed in South Carolina’

for such a killing since 1880. The
total number of executions in the
State since that time is unclear, but
245 people have been sent to the
State’s electric chair since 1912.

According to a 1989 Study by a
sociologist at the University of
Florida, of 15,978 executions in the

United States or the American col--. _ Although Gaskins was an avow- would have half a century ago.”
|
SATURDAY, SEPTEMBER 7, 1991 | actions

nark Execution in South a

_onies since 1608, only 30 — that is,
one in every 533 ~— were of whites
who killed blacks. Several of the

instances involved the murder of:

slaves and were, therefore, treated

as economic crimes against slave--

holders. In many others, including
_the 1944 Kansas case, the murder.

day for killing a black person, . ge. er had a long criminal record.

Donald (Peewee) Gaskins, 58, ©"

Since executions were resum-
ed in the United States in 1977
after a decade-long hiatus, 42 of
the 153 people executed have been
blacks who killed whites; until yes-
terday, none had been whites who
killed blacks.» .
Opponents of Capital punish-
ment charge that such disparities
reflect persistent, Systemic racism
in the application of the death pen-
alty. Gaskins’ execution seemed to
some opponents to underscore just
how rare it is for a white to be
executed for killing a black.

Gaskins had already been con-
victed of nine other murders, all of
them of whites. For one murder,
he had previously been sentenced

to death, a conviction that was lat-
er commuted to life imprison-

‘. ment; for the others, he was Sery-

ing consecutive life sentences. Gas-
kins had been linked to several
other killings as well.

“That’s apparently the sort of

criminal record a white man needs:
- to be executed for the murder of a

black,” said David Bruck, chief
lawyer of_the South Carolina Of-
fice of Appellate Defense, who rep-
Tesents many death row inmates.

fPg CF |

| NATIONAL

REPORT ]

San Francisco Chronicle

ut to death for killing a black since “44

ed racist who said he killed Tyner '},

in part because he was black,
death penalty experts inside and
‘Outside South Carolina.contended .
that race played little part in Gas-..

kins’ sentencing by a jury. The vic- . -

tim was another inmate; any fail-
ure to impose the death penalty
for killing another inmate would
deprive the state of its Only mean- .
ingful deterrent to prison killings.

“As a matter of state correc."
tional policy, they had: to give
death in this case,” said Richard
Burr of the NAACP Légal Defense
-and Educational Fund Inc. in New
York. “If you're going to let the
families of murder victims murder.
their murderers, you've got a seri-
ous problem. The racial combina-:
tions mean very little in light of
the kind of homicide it was.”

‘"—~ Opponents of the death penalty |

said that a sidelight of the Gaskins
case actually highlighted how pro-
foundly race mattered in Capital |
cases. They contrasted Gaskins’
fate with that of Cimo, the white
man who hired him for the killing.
Cimo was sentenced to eight years
in prison but was released after
Serving only six months.

Bruck called the arrangement
“a high-tech lynching” and added,
“There is nothing ‘New South’
about the notion that a white man
has a right to lynch a black killer
of a member of his family. About |
all you can say about South Caroli-
na’s efforts to correct racial dispar-
ities in this case is that Tony Cimo
served six more months than he .

THE VOICE OF THE WEST

952 916 FEDERAL REPORTER, 2d SERIES

J.A. at 442. On direct appeal, the South
Carolina Supreme Court held that, al-
though the instruction constituted imper-
missible burden-shifting, the constitutional
error was harmless beyond a reasonable
doubt. See Gaskins, 326 S.E.2d at 143.
Both the magistrate and the district court
agreed with the state supreme court. J.A.
1186; 1826-27. We also agree.

[16] Even where an instruction consti-
tutes impermissible burden-shifting, any er-
ror in giving it may be found harmless if
the reviewing court can say beyond reason-
able doubt that the jury would have found
it unnecessary to rely on the burden-shift-
ing presumption in order to convict. See
Rose v. Clark, 478 U.S. 570, 583, 106 S.Ct.
3101, 3109, 92 L.Ed.2d 460 (1986).

{17] Here, the jury necessarily found
by its guilty verdict that Gaskins had mur-
dered Tyner with a bomb Gaskins had built
from electronic components in his cell and a
piece of dynamite he received in the mail,
so it is difficult to see how the jury could
not have concluded, even without the pre-
sumption, that the killing was done “with
malice.” Aside from the raw circum-
stances of the killing, transcripts of conver-
sations between Gaskins and Jack Martin
(the intermediary who procured Tyner’s
murder) constitute further overwhelming
evidence of malice.2 We therefore can say
“ ‘theyond a reasonable doubt that the jury
would have found it unnecessary to rely on
the presumption.’” Jd.

[18] Gaskins next asserts that the trial
court’s definition of reasonable doubt for
the jury as “a doubt for which you can give
a reason{,] [i]t is a substantial doubt,” J.A.
at 439, relieved the prosecution of proving
every element of the crime beyond reason-
able doubt as required by Jn re Winship,
897 U.S. 358, 364, 90 S.Ct. 1068, 1072, 25
L.Ed.2d 368 (1970).

3. Some examples of conversations appear in the
record:
When he plugs that son of a bitch up, it'll
blow him on into hell.... Dam [sic] if I can’t
fix him up.
Get me enough to do that damn job and listen
for the bang.

An instruction equating reasonable doubt
with “‘a substantial doubt, a real doubt’

. although perhaps not in itself reversj-
ble error, often has been criticized as con-
fusing.” Taylor v. Kentucky, 436 US.
478, 488, 98 S.Ct. 1930, 1936, 56 L.Ed.2d
468 (1978). At some point, a reasonable
doubt definition may be so incomprehensi-
ble or potentially prejudicial that it requires
reversal. See United States v. Moss, 756
F.2d 329, 383 (4th Cir.1985). Nevertheless,
the question in a collateral proceeding such
as this is “whether the ailing instruction by
itself so infected the entire trial that the
resulting conviction violates due process,
not merely whether ‘the instruction is un-
desirable, erroneous or even universally
condemned.’” Smith v. Bordenkircher,
718 F.2d 1278, 1276 (4th Cir.1983) (quoting
Henderson v. Kibbe, 481 U.S. 145, 154, 97
S.Ct. 1730, 1736, 52 L-Ed.2d 203 (1977) (ci-
tations omitted)). —

Viewed ins the context of the entire
record of trial, the substantial-doubt por-
tion of the instruction did not rise to the
level of a due process violation. First, the
trial court employed the instruction to set
in contrast “some imaginary doubt or some
slight doubt or some fanciful doubt that
you might have.” J.A. at 439. The trial
judge’s use of the term substantial doubt
was, in context of the entire instruction,
more accurate than when viewed in artifi-
cial isolation, and was not “likely to ‘mis-
lead the jury into finding no reasonable
doubt when in fact there was some.’”
Smith v. Bordenkircher, 718 F.2d at 1277.
Moreover, the trial court flatly instructed
the jury that “the proof offered by the
state must exclude every other reasonable
hypothesis except the guilt of the accused
and must satisfy you beyond a reasonable
doubt.” J.A. at 444. This instruction fur-
ther neutralized any negative effects of the
substantial-doubt instruction. See Borden-
kircher, 718 F.2d at 1277.

That’s enough [drug] to bust his heart.

The next night after I get [the poison] ... that

son of a bitch’ll be laid out.

That's a hell of a hard nigger to get rid of.
J.A. 1185.

GA»
Cite:

We are not prepared to say t
instruction, even in combination
substantial doubt instruction, “so
the entire trial that the resulting ¢:
violates due process.” Id. at 12°

VIll

[19] Gaskins argues that allo
dence that a prior death sentenc:
kins had been vacated could hav
jury to believe that any death :
imposed was advisory only, there
ishing the jurors’ sense of respons

death-penalty imposition in vio
Caldwell v. Mississippi, 472 US
S.Ct. 2683, 86 L.Ed.2d 231 (198
amendment violation to tell jury
|. gissippi Supreme Court would re
death sentence).‘
“(I]t is constitutionally imperr
| rest a death sentence on a det
made by a sentencer who has b
believe that the responsibility for |
ing the appropriateness of the «
death rests elsewhere.” Cal
US. at 328-29, 105 S.Ct. a
Nevertheless, “if the challeng«
tions accurately described the
jury under state law, there is no
Caldwell claim. To establish
violation, a defendant necess
show that the remarks to the j
erly described the role assignec
by local law.” Dugger v. Ada?
401, 109 S.Ct. 1211, 1215, 108
(1989).

The asserted Caldwell violat —
when, during the penalty phase
the state introduced evidence
previously vacated murder —
And it is argued that this Ca
tion was aggravated by the

use over 40 times of words t

that “you will recommend th

sentence the defendant to |

ment [or] death.” J.A. 610 (e

ed).

4. Because this claim is closely
kins’ claim that the trial judg

phase instructions exacerbated t

lation, both will be dealt with i:
the opinion.

PT ee er TEE en ee Te ee Me Me eS See SP tw

We are not prepared to say that this
instruction, even in combination with the
substantial doubt instruction, “so infected
the entire trial that the resulting conviction
violates due process.” Jd. at 1276.

Vill

[19] Gaskins argues that allowing evi-
dence that a prior death sentence of Gas-
|’ kins had been vacated could have led the
jury to believe that any death penalty it
imposed was advisory only, thereby dimin-
ishing the jurors’ sense of responsibility for
death-penalty imposition in violation of
Caldwell v. Mississippi, 472 U.S. 320, 105
S.Ct. 2633, 86 L.Ed.2d 231 (1985) (eighth
amendment violation to tell jury that Mis-
sissippi Supreme Court would review —“
death sentence).‘

‘(I]t is constitutionally impermissible to
rest a death sentence on a determination
made by a sentencer who has been led to
| believe that the responsibility for determin-
ing the appropriateness of the defendant’s
death rests elsewhere.” Caldwell, 472
US. at 328-29, 105 S.Ct. at 2639-40.
Nevertheless, “if the challenged instruc-
tions accurately described the role of the
jury under state law, there is no basis for a
Caldwell claim. To establish a Caldwell
violation, a defendant necessarily must
show that the remarks to the jury improp-
erly described the role assigned to the jury
by local law.” Dugger v. Adams, 489 US.
401, 109 S.Ct. 1211, 1215, 103 L.Ed.2d 435
(1989).

The asserted Caldwell violation occurred
when, during the penalty phase éf the trial,
the state introduced evidence of Gaskins’
previously vacated murder conviction.5
And it is argued that this Caldwell viola-
tion was aggravated by the trial court’s
use over 40 times of words to the effect
at “you will recommend that the court
tence the defendant to life imprison-

. Because this claim is closely related to Gas-
kins’ claim that the trial judge’s sentencing-
phase instructions exacerbated the Caldwell vio-

lation, both will be dealt with in this section of

GASKINS v. McKELLAR
Cite as 916 F.2d 941 (4th Cir. 1990)

953

Even taken together, we conclude that
this evidence and the judge’s statement
“had no effect on the sentencing decision.”
Caldwell, 472 U.S. at 341, 105 S.Ct. at
2646. First, Gaskins points to no referenc-
es by the state or the trial judge concern-
ing death-sentence review. We do not be-
lieve that evidence concerning a prior va-
cated death sentence “improperly described
the role assigned to the jury by local law.”
Dugger, 109 S.Ct. at 1215. The most that a
reasonable jury could have made of this
evidence was that the statute under which
the jury was to sentence Gaskins might
conceivably be invalidated as unconstitu-
tional at some future date. Nowhere was
there any suggestion that such invalidation
was imminent or even contemplated.

{20] Similarly, even taken together with
the prior-death-sentence evidence, it is diffi-
cult to see how, in context, the trial judge’s
use of the word “recommend” could have
had an effect on the sentencing decision.
In an exhaustive analysis, the facts of
which are not disputed here, the magistrate
noted that during voir dire, the trial judge,
the solicitor and Gaskins’ attorney re-
peatedly told each juror that the jury could
sentence to death or life imprisonment, that
the jury had to make the decision, and that
“the jury will be asked to decide his punish-
ment, either life imprisonment or death by
electrocution.” Moreover, in each case
Gaskins cites finding a Caldwell violation,
the suggestion to the jury that its decision
was merely advisory was explicit and obvi-
ous. Nowhere in this case did anyone even
imply that the jury’s recommendation was
non-binding. Though, in retrospect, we be-
lieve a wiser course would have been for
the trial judge to explicitly instruct the jury
that the word “recommendation” meant
“binding recommendation,” under the cir-
cumstances, we are satisfied that the jury
was properly aware of its sentencing re-
sponsibilities.

5. The sentence was vacated when the South

Carolina Supreme Court declared South Car-
olina’s death penalty statute unconstitutional.

vating circumstance before you can rec-
¥ ommend that the defendant be sentenced
to death, it is not—it is not required
that you find beyond a reasonable
doubt the existence of at least one al-
leged statutory mitigating circum-
stance in order to recommend that the
defendant be given a life sentence. As
a matter of fact, you may recommend
that the defendant receive a life sen-
tence irrespective of whether you find
the existence in the evidence of an al-
leged statutory mitigating circum-
stance or not; but where you consider
an alleged statutory mitigating cir-
cumstance, it 1s proper for you to con-
sider only a statutory mitigating cir-
cumstance that 1s supported by the evi-
dence.

J.A. 614-15 (emphasis added). We dis-
agree. Gaskins’ strained interpretation of
the trial court’s jury instruction is simply
not supported by its language, and does
‘not warrant finding an eighth amendment
i Violation.

[24] Similarly, the trial court’s state-
ment to the effect that “you have to find at
least one or more aggravating circum-
stances or else you will have to recommend
a death sentence [presumably the trial
court meant to say life imprisonment in-
Stead of death sentence],” could not, in the
context of the entire charge, have confused
@ reasonable juror. As the South Carolina
Supreme Court stated, the trial court in-
Structions made patently clear that: (1) a
death penalty could not be imposed without
®ggravating circumstances; (2) if statutory
non-statutory mitigating circumstances
ere found, a life sentence would be appro-
fate; (3) the jury had, in any case, full
cretion not to impose the death sentence,
though aggravating circumstances
“no mitigating circumstances were
nd. See Gaskins, 326 S.E.2d at 146.

[25] Gaskins’ final asserted error in the
y charge concerned the trial court’s er-
us instruction to the effect that the
ision to impose a life sentence must be

ous. Gaskins contends that this in-
ect instruction effectively communicat-
0 the jury that if all members of the

ESTATE OF RENO vy. C.LR.
Cite as 916 F.2d 955 (4th Cir. 1990)

955

jury did not agree on Gaskins’ sentence,
then a mistrial would ensue. Thus, the
erroneous instruction constituted an arbi-
trary factor into the sentencing, rendering
the unanimous death sentence unreliable.
See, e.g., Gardner v. Florida, 430 U.S. 349,
97 S.Ct. 1197, 51 L.Ed.2d 393 (1977).

We disagree. Although the trial court
inadvertently misstated South Carolina
law, it is inconceivable that the disputed
instruction could have caused the jurors
unanimously to impose a death sentence
out of fear of mistrial should they not be
unanimous in their decision to impose life
imprisonment. We are satisfied that this
improper instruction, viewed in context of
the entire jury charge, could have had no
effect on the sentencing decision. See
Caldwell, 472 U.S. at 341, 105 S.Ct. at
2646.

For the foregoing reasons, we affirm the
district court’s dismissal of Gaskins’ habe-
as corpus petition.

AFFIRMED.

KEY NUMBER SYSTEM

4nms

ESTATE OF William L. RENO, Jr.;
Barbara G. Reno, Executrix,
Petitioners—Appellants,

COMMISSIONER OF INTERNAL
REVENUE, Respondent—Appellee.

No. 89-2078.

United States Court of Appeals,
Fourth Circuit.
Argued Oct. 30, 1989.
Decided Oct. 19, 1990.

Kstate filed petition in tax court seek-
ing redetermination of assessed deficiency.
The United States Tax Court, Lawrence A.

954 916 FEDERAL REPORTER, 2d SERIES

{21} Gaskins also contends that, even if
there was no Caldwell violation, allowing
testimony concerning the _prior-vacated
death sentence introduced arbitrary factors
in the sentencing decision in violation of
Booth v. Maryland, 482 U.S. 496, 107 S.Ct.
2529, 96 L.Ed.2d 440 (1987). Gaskins ar-
gues that this testimony implied that, re-
gardless of whether Gaskins should be sen-
tenced to death for Tyner’s murder, the
jury could properly reimpose the earlier
death penalty which was, after all, only
vacated because of a legal technicality. Al-
though we agree that evidence of a prior-
vacated death penalty is of limited, if any,
relevance to the jury’s decision whether to
impose the death penalty, it is simply not a
consideration so “constitutionally impermis-
sible or totally irrelevant to the sentencing
process,” Zant v. Stephens, 462 U.S. 862,
885, 103 S.Ct. 2733, 2747, 77 L.Ed.2d 2385
(1983), as to rise to the level of a violation
of Booth.

Gaskins’ final assignments of error con-
cern the trial judge’s instructions to the
sentencing jury to the following effect: (1)
that the jury could not allow itself to be
governed by sympathy; (2) that mitigating
circumstances must be found beyond a rea-
sonable doubt; (3) that the decision to im-
pose a life sentence must be unanimous.

[22] At the sentencing hearing, the trial
court instructed the jury not to allow itself
to be governed by sympathy:

’ You cannot allow yourselves to be gov-
erned by sympathy, by prejudice, or by
passion or by public opinion. Both the
state and the defendant have the right to
expect that each of you will carefully and
impartially consider all of the evidence in
this case....

J.A. at 619. Gaskins argues that this in-

struction, coupled with the prosecutor’s

statements to the effect that Gaskins was

6. The challenged instruction in Parks stated
that:
You must avoid any influence of sympathy,
sentiment, passion, prejudice, or other arbi-
trary factor when imposing sentence. You
should discharge your duty as jurors impar-
tially, conscientiously and faithfully under

asking for, but deserved, no mercy, consti-
tuted an eighth amendment violation be-
cause it effectively precluded the jury from
considering relevant mitigating evidence
offered by Gaskins, namely his individual-
ized appeal for compassion, understanding
and mercy. See, e.g., Caldwell, 472 U.S. at
330-31, 105 S.Ct. at 2640-41; Gregg v.
Georgia, 428 U.S. 153, 199, 96 S.Ct. 2909,
2937, 49 L.Ed.2d 859 (1976).

Our consideration of this issue is fore-
closed by the Supreme Court’s recent deci-
sion in Saffle v. Parks, ——- U.S. ——, 110
S.Ct. 1257, 108 L.Ed.2d 415 (1990). Parks,
considering the eighth amendment ramifi-
cations of a sympathy instruction in all
material respects identical to the charge
given in Gaskins’ case,® held that to uphold
such a claim would be to adopt a “new
rule” under Teague v. Lane, 489 U.S. 288,
109 S.Ct. 1060, 103 L.Ed.2d 384 (1989), that
did not fall within Teague’s two excep-
tions. Accordingly, the proposed rule
could not be announced or applied in a
habeas case on*collateral review. Parks,
110 S.Ct. at 1263-64. Parks dictates a
similar rejection of Gaskins’ claim here.

[23] Gaskins next asserts that the fol-
lowing charge, because it used the term
“reasonable doubt” so close to the term
“mitigating circumstance,” impermissibly
suggested to the sentencing jury that miti-
gating circumstances must be found be-
yond reasonable doubt in contravention of
the eighth amendment:

Before you can recommend the imposi-
tion of a life sentence, it is not necessary
and I repeat, it is not necessary for you
to find beyond a reasonable doubt the
existence of any alleged statutory miti-
gating circumstances or any other miti-
gating circumstance.

While it is necessary for you to find
beyond a reasonable doubt the existence
of at least one alleged statutory aggra-

your oaths and return such verdict as the
evidence warrants when measured by these

Instructions.
Parks v. Brown, 860 F.2d 1545, 1552 n. 8 (10th
Cir.1988), reversed, —- U.S. ——, 110 S.Ct. 1257,

108 L.Ed.2d 415 (1990).

vating circumstance before
ommend that the defendant }
to death, it is not—it is x
that you find beyond a
doubt the existence of at le
leged statutory mitigatin
stance in order to recomme:
defendant be given a life se:
a matter of fact, you may ;
that the defendant receive ,
tence irrespective of whethe)
the existence in the evidenc.
leged statutory mitigatin
stance or not; but where yc
an alleged statutory mitic |
cumstance, it is proper for 1
sider only a statutory miti;
cumstance that is supported —
dence. |

J.A. 614-15 (emphasis added).
agree. Gaskins’ strained interp:
the trial court’s jury instructior
not supported by its language. |
not warrant finding an eighth ;
violation. |

(24] Similarly, the trial cov
ment to the effect that “you hav.
least one or more aggravating
Stances or else you will have to vc:
a death sentence [presumably
court meant to say life impris:
stead of death sentence],” could
context of the entire charge, hav
a reasonable juror. As the Sout! |
Supreme Court Stated, the trial |
structions made patently clear ti. ,
death penalty could not be impose
aggravating circumstances; (2) if -
or non-statutory mitigating circu:
were found, a life sentence would ;
priate; (3) the jury had, in any ©
discretion not to impose the death :

i even though aggravating aa
] and no mitigating circumstance
% found. See Gaskins, 326 S.B.2d

[25] Gaskins’ final asserted err: |

3%. jury charge concerned the trial co:
» Yroneous instruction to the effect 1 |
* decision to impose a life sentence 1 |

unanimous. Gaskins contends that _
correct instruction effectively comn
ed to the jury that if all members

} SPEEDY. TRIAL GIVES
“NEGRO DEATH SENTENCE
"ON MURDER CHARCE!

Greenwood, & C., Aug. 15.—In ex-
actly two hours after e ie | Juror
was drawn i a special term of court
here today "Pink" Griffin, nesro, was
trieé, found guilty and eentenced to
die by electrocution in the state
penitentiary at Calumbla Friday,
eptember 2, for the murder of Dt.
sawten C. Lipscomb, near 86, July &,
as

Only a few minutes was taken up
to select a jury. )
The state offered two witnesses
who testified that Griffin killed Dr,
Lipscomb, his employer, following an
upbraiding of the negro for mistreat-
ing a mule. The defendant, who was
represented by Attorney L. B. Harri-
son, appointed by the court, offered
no teatimony, Griffin declining to
take the stand after he had insisted
on pleading gullty. ‘
Thee jury retired at 11:65 and re-
s a verdict of qaliey. of murder)

oll

in the first degree wit ten Min-}
utes, [ye , : * \

Fi ohipA TMs S ON red
‘LL Zl

SPEEDY. TRIAL GIVES
-NEGRO DEATH SENTENCE
‘ON MURDER CHARGE

Greenwood, &. C., Ave. 13.—In ex.
actly two hours after the ibe Juror
was drawn at a special term of court
here’ today "Pink" Griffin, negro, was
tried, found gullty and sentenced to! ,
die by electrocution in the state],
penitentiary at Calumbla Friday,
Septembder 2, for the murder of ae
rie ti C. Lipscomb, near 86, July &,
aa

Only a few minutes was taken up
to select a Jury.

The state offered two witnesses
who testified that Griffin killed Dr,
Lipscomb, his employer, following an
upbraiding of the negro for mistreat~-
ing a mule. The defendant, who waa
represented by Attorney L, B. Harri-
son, appointed by the court, offered
no teatimony, Griffin declining to
take the stand after he had insisted
on pleading gullty. ‘

Thes jury retired at 11:85 and re-
turned a verdict of guilty of murder
431 the first degree within ten pin
u ea, . _ i) :

eee ene ae De et oh ee PT Lee

ais
a

higanel

SMe/)92 1 &)

ik wall i ra §

(Associated 1 Phess)

Vashington, Aug, 15.—Gov-
ment loans to the farmers of
me south to tide them over until
hey can
was ur

today by Martin

Afmorots of Marietta, Georgia,
before the congressional com-

mittee investigating the agricul-
tural conditions.

REVISION BILL 1S
DISCUSSED TODAY

{ASSOCT ATID PRESS)

Washington, Awa 15. —The
house republicans were to pass

revision bill as drafted by the
ajority members of the ways
hnd means committee and decide
pon the procedure in the house
Huring the consideration of the
1easure which is now planned
o begin next Wednesday.

Washington, Aug. 15.—The
Administration tax bill as
drafted by the house ways and

eans committee was presented
or approval today at a confer-
ence of republican representa-
tives and was to be formally
introduced in the house by
Chairman Fordney at 5 p. m.
It will then be made public.

SARA BERNHARDT
IN GOOD HEALTH

PRESS

(ASSOCIATED

fket the cotton crop

today on the administrationtax4

| 8

i
MURDER TRIAL

Los Angeles, Cal., Aug. 15.—
Arthur Burch and Mrs. Made-
,lynn Obenchain who were = ar-
raigned todg xin the superior
court here cn
charging the murder of J. Ben-
ton Kennedy asked for an exten-
ision of time in which to plead:

ancy were granted until August

GREFKS PUT THE
TURKS TO FLIGHT

Smyrna, August 15.—The
Greeks have -begun a second
offensive against the Turkish
nationalists. The latter are re-
tiring rapidly toward Sakaria
river Without oaeene resist-
ance.

OCT. 10 SET FOR
“BORAH'S TRIAL

Washington, Aug. 15-An
agreement for th 4l vote
October 10 on Sendtoy Borah’s
Lill providing for f lolls for
all American ships passing thru
lthe Panama Canal was reached
‘today by the senate.

GOOD ROADS BILL

bee be naa TAN AY)

an indictment-:;

aa a ae

I Gnith

Train service to Panama City
has not been discontinued, as.
would be inferred from an erro-:
neous article in a Pensacola pa-_
per. The discontinuance as or-_
dered, affects the short line, to
St. Andrews, a distance of two
miles, The action of the Takepee
state Commerce Commission, ’
therefore, only suspends the 2.

hence to St. Andrews and there-
fore Panama City will have the

Same railroad connections in the — se

-future-asrit ‘has enjoyed-in the

| past. The publicatiion atthe Gar

1 rue statement has produced

much feeling here, a8 such false

statements going out to the

work to the disadvantage of
Panama City.

A CROWD OF 2,000

ATTEND: COURT

(ASSOCIATED PRESS)

Greenwood, S. C., Aug. 15.—
A crowd estimated to he about
2000 is attending a special term”
of court which opened this
morning to try Pink Grifin, 4
negro who ‘s charged with the
murder of Dr. Lawton C. Lips-
comb, a prominent farmer near
Ninety -Six, July 5th last.

CITRUS INSPECTR

miles of the road which extelids”

world would of -course - quickly ——

Panama City, Fla., Aug. 15,— eet a

76 SE -2nd= 67li; Cert. dene: 7 SupCt 33. (See appeal)

GAINEY, Sheltion, and GANTT, Lander R., whites, electrocuted South Carolina State Prison
(Horry County) on Mar. 5, 195h.

"Lock Haven, Penn., June 30, 195h-Two men were held here today while e South Carolina
posse searched for a cab driver whom the two told p@lice they Bhugged and dumped along a
lonely road. State Policeman Elbert W. Lantz identified the two men as Shelton Gainey,
19, of Myrtle Beach, S. Ce, and Lander R. Gantt, 26, Gastonia, Ne Ce lantz said the pair
signed a statement admitting they slugged Robert D. Oliver, 27, of Myrtle Beach, near
there Sunday and took his taxi. A South Carolina posse immediately launched a search in
the erea where the two men told police they dumped Oliver. The two were errested at a
roadblock near here last night shortly after the holdup of a service station. The pair
was charged with tying up the station owner, Walter Hagen, 50, and rifling the cash
drawer of $75.

"Lantz said the signed statement gave this story: The men broke into a restaurant late
Sundgy night in Myrtle Beach, S. C., took a small amount of money and two loaded revolv-
erse They then hailed Oliver's cab and instbucted him to drive to a lonely section near
Myrtle Beach where they slugged him with a gun butt and stuffé@d his unconscious body

into the rear trunk of the tax®. The two then drove about 190 miles north and dumpad
Oliver over a four-foot bank about 9 miles from Union, S. Ce, on the Spartanburg high-
waye The men then continued driving north, stopping Monday and Tuesday in Pittsburgh, and
came here yesterday where they held up the serttce station." POTTSDOWN MERCURTY, Potts-
town, Paes 7-1-19)9 (2/h6)

Earnesty, black, elec SG(Saluda) 1-13-1930:

tack tt Yip tl aed he

eK, ¢ , ‘$ ak oS > aa SHE « i BS

peaanescfoak A ak nd =

a cE ES RONEN TIE

* fall of 1971. The only mark of identifica- ° innocence.

“to wrap the corpse..

‘and efforts are still going forward to iden-. ‘victim. Other indictments against Gas-
tify the victim. Lawmen allege they have ~ .kins are still to be processed. Until such
urces who*say:the-murder occurred’ time as he is tried and convicted on each
jear Manning Avenue. in Sumter in the... count, he is entitled to the presumption of

‘tion found near the remains was a plain Presumably, Donald Henry Gaskins is
‘silver ring. which may or may not have working on_ his book,
“been-the property of the dead woman. autobiographical work, probably pretty
Shredded remains of what look like morbid. He ought to be advised of one
‘curtain-material were found in the area, _ true and discotraging statistic: for each
“and it is thought this may have been used _ eight hundred books yearly written in

f _ these United States, only one will ever be
“* At this writing, anthropologists and published.Oh, well, it will serve to pass
other identification experts are hard at away the time in prison which, without
work in an attempt to identify the skeletal conjugal privileges, can be long.

- Right Car, Wrong Suspect continued from page 43

upset by what he saw that he got the ed

with long, light hair. He said the boy was _ his baby face. -

more,” he said. “Let’s see what we can Cuellar boy.

The boy’s mother said he had moved out _ fice within a half hour. And both of them
a féw weeks earlier and was living witha _ positively identified the boy as the one
friend in another partoftown.The friend ~_ they saw at the store.

" ~ «was Mark Andamo Cuellar, a 15-year-old Cuellar told

- boy who lived with his mother on’ witnesses were wrong.
‘>. Oakwood St. in North Las Vegas. “We'll see about that,” said Hartman.
»°, - Daines sensed he might have the con- He called Detective Robert MacBan

nection Hartman was looking for and it _into his office.

~ Orwould Daines just findanotherdead _ the county jail.

When Daines rang the door bell, me in there.”

It could just be the sergeant had been so “Is your son home?” the detective ask-

description mixed up. Sometimes the “Yes,” said the woman.
~ human brain blocks out the ugly things it She called for Mark who emerged from
= '~“doesn’t want to remember. a bedroom off the living room. Daines’

But the caller's description was the -eyes widened at the sight. The boy was
same as the one offered by the sergeant. _ tall, had long light hair and appeared to
He told Hartman of a baby-faced youth —_ be younger than his 15 years because of

*on the’skinny side. The fact the boy fit the description and
‘And he couldn’t have been more than __ the fact the car used in the robbery and
-14 or 15, according to the caller. murder had aconnection to the Oakwood
When Hartman hung up the telephone __ Street address in the form of Krane’s liv-

‘he whistled low between his teeth. - ing there was enough probable cause for

< “There's got to be a. connection Daines to place Cuellar under arrest and
between Krane and this murder,” he take him to headquarters so the wintesses

~ mumbled to himself. “But where is it?” could try to identify him.

- Hartman called Detective Russ Daines It was evening now, but Hartman was

“into his hoffice. ‘ stillon the job. He, too, had the feeling the

“Tet’s look into this Krane kid some _ case had been cracked when he saw the

-find-out about him. I don’t know what The witnesses were contacted and both
“we're looking for, but I'll know whatitis | agreed to come to headquarters.
“when we find it.” . “What's this all about?”

» Daines went to the address that was demanded. “I didn’t do anything.”
listed for Krane on his auto registration, “We'll see about that,” said Hartman.
only to find out he no longer lived 'there. Both witnesses arrived at Hartman’s of-

might be in the form of the Cuellar boy. “Get a search warrant for the house on
The lad’s age was in line withthe Oakwood,” said Hartman. “Let's see
description offered by the two witnesses. | ‘what we can find there. I'll take Mark
Could it. be Cuellar who used his here over to the county jail.”
roommate’s car to pull off a murder and The boy’s face whitened when the
robbery? detective said he was going to put him in

end in the Cuellar boy? “I’m ajuvenile,” he said. “You can’t put

- Cuellar’s mother answered. “Yes, I can,” said the detective. “You

: GIVE ¢ «SO more will live
__ HEART FUND

ought to read the new
while. We have a brand
state. It went into effect th
10 days ago. It doesn’tn
you are if you commi
attempt a murder. You get
like an adult. If you want to pl
up games, you are going
prices.” 2g

Young Cuellar fought to hod!
tears as Hartman handcuffedhi

ride to the jail.
Meanwhile, MacBan was.
important evidence as he's¢
Cuellar home. He found a fi
taining $1,000 in $20 bills and
in mixed denominations.’ ig

He brought the box of mon
man who was now in the proces
ing the youngster into the coum}

MacBan showed Hartman the

“That’s what he got in ther

right,” said the detective. “If bem
he might talk. I'll tell you one thig
still think Krane fits into this som

“It’s been a long day. I'm juts
finish booking Cuellar into the
then I’m going home. But toa
question Cuellar and we brig
back into headquarters if
questioning.” oa

The following day Ca
questioned extensively. At fint
tinued to maintain his innocent
the fact both witnesses had ide
and despite the. fact the frum
robbery had been recovered #
room. ; >

Finally, the boy confessed’
out the brief confession in long
yellow pad and signed his na

Although it was a confessic
than truthful. He said he only:
in the face after the clerk tredls
gun from him. He said he the
the money in the register
store.

The sergeant, howev
was slow in leaving the esabl
And, he said the lad had wander
back room before even
cash register. 4

“You say you ran?” Hartmati

“Yes,” said the teenager. "1 wail
I didn’t want to kill anybody
man in self-defense.” 8

“That’s not what our vitae
Hartman replied. “He says yal!
from the store, he says you
slowly from it, as a matter of fa

“I have nothing to sayie
youngster. ‘i

“How does Krane fit into. thi
man asked. 4

“I told_you I have noth
Cuellar replied. Ba

“Take him back to his cell
told a uniformed officer. %

A lump formed in the boyal
the thought of returning to
his mind. He had already g
in it. He’d watched asa

O Day
mS?
Ay

i]
“

killer.

Owens said lame Veous

When Grisso finally left the young hus-
band alone, Solicitor McLeod. surfaced. —
“long enough to ask him a couple of

questions.
“You have told the same story since

- your arrest on December 8th, haven't

you?” ; ;
“Yes, sir,” Owens answered.
‘“Including your own participation in it,
isn’t that correct?”

“Yes, sir,” the witness again responded,
this time sounding grateful to be getting
off the hook at last, even if it was only to
face a prison. term. :

Following Owens to the stand was a
steady parade of prosecution witnesses
whose testimony tended to shore up the
case against Gaskins. One of these, a pret-
ty, 20-year-old woman from the town of
Johnsonville, testified that she had been
with the defendant, whom she called
“Pee Wee,” directly after the murder of
Barnwell Yates. According to her

testimony, the man who had just come _

from the scene of a bloody murder had

eaten an “almost raw” steak while

he had described the crime in

detail for her. She quoted Gaskins

as having said “Teadledum got sick”
when Yates was killed. Powell had been
present, too, the pretty witness said, and
had related how Yates had bitten his
finger when he was gagging him prior to
dragging him to the car which would take
him to his-grave.

Later, on the way to Charleston, the
same witness continued. Gaskins had

-stopped to throw a pair of shoes off a

bridge. It had previously been testified
that Yates’ shoes had been removed from
his feet before he was tumbled into his
grave. :
Asked about Gaskins’ relative-by-
marriage alleged by him to have been in-
volved in the crime, the young woman
told the court that the man in question
had been home asleep at the time Yates
was murdered. She did not know why
Gaskins had sought, by his statements to
police on December 2, 1976, to involve
this innocent young, man in the crime.
Under cross-examination, defense: at-
torney Query asked: the attractive
witness, who admitted she had once lived

: in Gaskins’ trailer, if she had not frequent-

ly had sexual relations with the dark, wiry

“Not very many times,” she answered.
Query then pointed out that at an
earlier trial the witness had denied in-

_ timacies with Gaskins.

“T’m telling the truth now,” she replied

~ firmly. “I went to bed with him because I
had to.”

One of the female witnesses appearing
against Gaskins was his own 25-year-old

~ daughter, who averred she had seen her

father with “a large sum of money” in

~ January or February of 1975. When asked

about it, the witness said, Gaskins had

replied that “Legs,” the nickname by

Soh at eam £ s
“which tall Suzanne Kipper Owens was
-- known; had given it to him.

Before that Friday’s session was over,

-SLED Agent Henderson was back on the
stand, again testifying about the confes-

sion made by Gaskins on December 2,
1976. In his version of the killing, Gaskins
had stated that his relative-by-marriage
and Powell had killed Barnwell Yates for
$3,000, but that he, Gaskins, had ended up
with $1,700 of the money because they
used his car and his relative had owed him
$700.

At the close of the day, Friday, Judge
Laney let it be known he would hold a
Saturday session, but would then
probably recess until Monday, since it
was known that the defense planned a
lengthy presentation. Little new informa-
tion would surface until Monday, but
over the weekend the jam-packed court-
room observers would have an oppor-
tunity to rehash the long and bloody tale
they had already memorized involving
Gaskins.

It was while Gaskins was serving his
prison term for the murder of Bellamy
that he alleges he agreed to help lawmen
locate the body of Silas Barwell Yates,
buried in Williamsburg County, in retum
for conjugal visits with his wife and the
opportunity to serve his time somewhere
other than South Carolina’s central cor-
rectional facility in Columbia. At his
April, 1977 trial for the murder of Silas
Barnwell Yates, Gaskins would claim he
was allowed to have sex with his wife
twice during this incarceration.

Not far from the grave of Barnwell
Yates officers found another. That one
contained the pitifully decayed remains
of a teenage female subsequently iden-
tified as the long-sought 13-year-old Kim
Ghelkin. Her saddened family had been
correct when they had surmised that she
would not come home again.

. Before that, on November5, 1976, a 17-
year-old Sumter County girl, Patricia Ann
Alsbrook, who had been missing since
1970, was found. Her nearly destroyed
remains were discovered after a Sumter
County septic tank was pumped out.
Rings and other items found with the
skeletal remains served to identify the
girl, who had been a close friend of one
Janice Kirby, a niece of Gaskins’ who dis-
appeared about the same time. Gaskins
denies having murdered these girls.

In addition, the dangerous little man

had told Sumter County authorities

where they might find the remains of a -

young black girl whom he identifies only
as “Clyde,” reportedly killed in 1970 or
1971. She was supposedly buried in a
ditch in the Concord section of Sumter
County, near. where the Alsbrook girl’s
remains were found in the septic tank.

All during his April trial, Gaskins had
been threatening to “drop a bomb” when
he gave evidence in his own defense. The
following are some of these so-called
bombs.

Gaskins claims he was trigger mal

_ three murders which were ordered!

was the 1970 slaying of MargaretCatim
13-year-old daughter of a South Caml
state legislator from Sumter Counk
which another mass murderer, one
Pierce, has already been convic od
He says he was the perso

murdered two men in Horry County t
February 4, 1975, a double crime;
which another man had been sentesh i

to die before his sentence was com
He said Sumter County lawmea

SLED have known the - location}

another body for five months, buts

made no attempt to dig it n= ae ;

reference to the black girl whom - pill

referred to as “Clyde.” i vod a =
Gaskins claims to have bea® can buy for as litt!

professional contract killer who awiiemesene oe ere.

the location of even more bodies aii ‘ listings in: jus

says pathologists at the Medical 4 We et OO Ev ICE.

ty of South Carolina made many emmy)

possibly intentionally, on one aukgy i @etrona parcels — $3.!

report in at least one of the manag Rural Homesite—‘

j
law enforcement officers. One. ob fan

‘wherein six bodies were discoverdi

three double graves. They said, ,
avows, that Avery ‘Leroy Howard wie”
ee whereas he knows re: ; *
the man was shot in the head. ammtucky <. :
In connection with the murda iy ena Raper
Barnwell Yates, for be par at Be’ wot pres, mus
ly on trial, Gaskins said two of thepe Palair amily
charged, Suzanne Kipper Owens ati aun of" 4
“Teadledum” Powell, were not gully iy $15,000 total price
was John Phillip Owens, Jr,, the sat Mew Jersey Shore Lan
star witness, who engaged him » Wie tesa ing Oi
Yates, Gaskins said. The motive § ort ao on —
jealousy. EE @itomia Mobile Ho
Many of these claims, on the fags © $5,000 total.
them, were downright silly. Satie 120 Acre Far:
County Sheriff I. Byrd Pamell calue Big, ‘Quarter Acre Pl
plained to newsmen that the rea $80 each plot.
had not yet searched for the remaisd : — eet N
the black girl called “Clyde' was tall RT ake Virgin ‘yadyd
area had been under water, which Wait tages York Upstate La
pected to recede with the advanceasl [i= $120 each plot.
of summer. Looking for partially blade Lakefront L
ed small bones in: an area littered wil ar} cele-Oo
dead reeds that look exactly the samet $4,000 psig ”
the naked eye can be quitea tad Island 15 Ro
pecially when one has to peer tay jy" $12,000
several inches of muddy water. Oncete Iaummnerede Valley Lan:
water has receded, however, the j®
becomes a lot easier. That isn’talle
Wading around ina crimeareaw ree vote
cannot see what he is stepping @) yd ie
valuable’ evidence can very wel Wit $20 each.
destroyed. With one murder convighe Vacant Sto:
already against him, and seven othentl iiigat ech store.
to be tried, there was little chanced) 817 ame anc
Donald Henry Gaskins was ge EB: Ge Unimprove
place, even to bed with his wife, andig Hite) $66 on acre.
were quite certain that if this girl "Cha ua Abandoned $
had been murdered and buried ina "| “ agate 200 Car!
she wasn’t going anywhere, either, 7)

As to Sumter County officers a , Rico 30 Roor

other lawmen_ having ;

“assassination,” as Gaskins put Rize Meevned-
Margaret Cuttino, this claim isludioma ie Potato Plant —
In the first place, the murder doesailt rs {Seer Cane

;
i

i. nah 9 is 2 ai

_ Gaskins’ pattern at all, but it fit exactly the |

’ well-known murderous habits of Junior: .

Pierce, who was convicted for that crime. '

_ As.a matter of fact, there are numerous :
_ details of that particular murder which
~- are still unknown to the general public,
.. and. about the only place Gaskins is going

to learn them is from Pierce, an event
which is highly unlikely. Some details of

aS this crime have interested newsmen. One

is that Miss. Cuttino was murdered on
December 18, 1970, about a month after
the disappearance of the Alsbrook girl,
‘Whose remains were in the septic tank.
Another is that Pierce and Gaskins bear a
slight resemblance to one another, in that

both are rather wiry, dark and sharp- -

featured. That resemblance is , however,
‘more noticeable in photographs. This

writer has personally seen both Junior

Pierce and Donald Henry Gaskins, and
there is very little chance that an eye:
witness could mistake one of them for the
other, chiefly because Pierce is a good
deal taller and much better-looking than
Gaskins," although Pierce wouldn’t win
any film star prizes, either.

_. It seemed clear, from his testimony,
that Gaskins bears some sort of grudge
against Sumter County lawmen, and well

: “she might. In the first place, they are the

people who apprehended him and lodg-
ed him in jail, taking possession of the in-
‘criminating Beretta ,which Gaskins’
daughter testified he referred to as his

*.* “baby” and which linked: him to the.

~ Bellamy and Knight murders. But their in-

‘volvement with the dark little killer had

gone back a lot further than that. Gaskins
had been arrested in Sumter County in
1971 for everything from wife-beating to
car: theft: and. illegal . possession of

dynamite. Its no wonder he moved out of

. that jurisdiction as quickly as he could,
‘ and his return there in November of 1975

“<<was definitely a fatal error, since they

clapped him in the can in short order. .
Still, Gaskins claims Sumter County of-

; ficers ordered him to kill Margaret Cut-

tino .and the black woman known as
“Clyde,” who was supposedly involved
“in “civil.rights work.” “If I didn’t do it,” he
said, “Iwas told I would be sunk -on

-, another charge. I was over a barrel there.

I didn’t know,what do do.”" ~
.-For. some: reason,’ known _ positively
only to the skeptical, Gaskins refused to
name’ the Sumter law officers who had
“ordered — these senseless killings. The
reason for Gaskins’ refusal to name such

.. person or persons is obvious; so long ashe

does not'specify bne particular lawman,
they are all under suspicion; the minute he

_ ‘names somebody, that person or persons
“may be. able to instantly prove his in-

nocence with readily established facts of

. which Gaskins is not in possession.

In connection with the. murder of
Yates, who had again almost been
forgotten in these other issues, Gaskins
said he had set out on February 4, 1975, to
kill Yates, but the man wasn’t home. He
62

lig John Phillip Owens, Jr. first con-.

tacted him about the killing at a Lake City
dance hall‘on January 29, 1975.

“He asked me if I was interested in
making some money,” Gaskins declared
cockily, “and I told’*him I was always in-

, terested in money and women.” He
quotes Owens.as having said he wanted

skins to lure Yates off because “he had
some information I want.”

He had been offered $2,000 for the job,
Gaskins said. “I said that it sounded like a
hit to me,” the little man went on in a rasp-

ing voice. “He said, ‘No, I want him andI

want him alive. F

Gaskins said he had first considered
stopping Yates on the road. “I had a blue
light, siren and everything, just liked
SLED.” On second thought, he had
decided to use a woman, since he had
been informed that Yates was woman
crazy. Accordingly, he had gotten Diane
Bellamy Neely, who was afterward dis-
patched and interred herself, to go to
Yates’ trailer attired in a fetching white
miniskirt and inform the man that she was
having car trouble. According to Gaskins’
testimony, Mrs. Neely had asked Yated to
take her to the home of a relative near
Roper’s Crossroads, and he had im
mediately agreed.

Gaskins said he had followed the pair,
‘but passed them and went ahead to

- Roper’s Crossroads, where a relative-by-

marriage and John Phillip Owens, Jr.
were waiting “in ambush.”.
When Yates arrived at the spot, Gaskins

said, he had been forced to alight from his

car to remove some scrap metal which
had been placed in the road, and it was at
this point that Owens and the other man
had jumped Yates with guns.

Gaskins testified that Diane Neely had-~

left immediately, while he and Owens
started to take Yates into the woods. Gas-

kins said Owens and the other-man had

stopped to ‘talk, and the other man had
gone back to the ambush site and return-
ed with a pick and shovel. In this interim,
Gaskins continued, Yates had tried to es-
cape and had “run slap over me. I gota lit-

. tle excited, something I don’t ordinarily

do, I tried, to hit him in the head to stop
him, but caught him in the neck instead.
He fell down.” ’

After that, Gaskins claimed on the

~ stand, he had left. It was his opinion that

Owens had planned to “torture” Yates,

but realized when the pick and shovel:

appeared that the plan had changed to
murder and subsequent burial.

“I thought I had killed the man (when
he hit him),” Gaskins said, “but when it
came out he had been stabbed, I knew
something was wrong.”

After leaving the murder site, Gaskins
said, he had gone back to Yates’ trailer,
where he had stolen 22 $100 bills found in
a box of bullets.

All during his recital of these events,
Gaskins was under attack by the Asst.
Solicitor Kenneth Young, nicknamed

- identified.

“Bulldog” because of his t
amination. Several shouting
‘pointing episodes occurredhe
defendant and prosecutor. Once
screamed at Young, “Unlessyoy .

duct your cross-examination right
going to take the Fifth Amendmegt

_ tight now you do not want the facts

case.” ~~
Shooting back ina baritone thatmg
the rafters, Young told Gaskigt’
would try to. claim credit for the
murders if it would prom
book!” .
The jury didn’t buy it, edhe}
Wednesday, April 27, 197, they
found Donald H. Gaskins gui a
Judge Laney handed down anole
sentence. %
“Pee Wee thinks he’s a big’
own demented, warped‘ iit
Prosecutor Young had told the juryi
closing argument. “He's noth 7
should be locked up and forgo
Defense attorney Bud Gris»,
for the defense, told the jury,
who is without guilt cast the first
didn’t apper to set with them
Among the stolid-faced jura
wasn’t one who had ever been
even one murder, let alone conyictel
two and still under indictment forgy
with more probably to come
Subsequently, Suzanne Kippe
who had plead guilty toa
the fact, was sentenced to life
ment, as was John William “Teadighat
Powell, who had pleaded guilty im

bi
ioe

‘mon law murder. Jolin Phillip Owe

who had pleaded guilty as’
before the fact, was sentenced am
ten years. .
But it isn’t over, not by a long
horrible truth is, it may be justbegia
There are knowledgeable.
South Carolina who think Donald
Gaskins may have murdered sium
thirty-nine persons, eleven of wham
been found and identified so far, Tams
another one, too, but she has yt

On Friday, April 29, 19S
County Sheriff I. Byrd Parnell sai
good his promise to find —
remains of the black girl knowag
“Clyde.” Waters in the r
ditch had receded, and numeroegyli
of Sumter County and SLED, :
latter the Sheriff's own son, Byd hey
Jr., turned out to literally siftthemalll
farm drainage ditch some.
southeast of Sumter.

At 10:50 a.m., a shout wen
young Parnell. “Here it is!” Bef
the black -mud lay an obvia
skull lying upside down
among underbrush. The are
off and an examination begunbylka
Sexton, who had unearthed som
Gaskins’ alleged victims. About)
bones were found. It was thea
wild animals had scattered,

?
we

si
set

fl
ie

Hi
=|
>>

bj TT |
Ins

yettefl
ee

=|
iz
P

GASKINS, Donald H., wh, elec SC September 6, 199%

DATELINE: COLUMBIA, SOUTH CAROLINA

Serial killer
Pee Wee Gaskins
was boss of the prison —
until he couldn't resist the
challenge of one
more murder.

DEE
WEE'S
BIG
HOUSE

BY MARGARET N. O'SHEA

before the surge of electrical current fixed it where he didn’t
think anymore.

He didn’t know or care how many people he’d murdered—about
110, he sometimes claimed, give or take a few: mostly runaways,
hitchhikers, and beach bums that authorities didn’t even know about
when they dubbed him South Carolina’s bloodiest killer, nor would
they know until after Gaskins was gone.

I ife ain’t fair, Donald “Pee Wee” Gaskins must have thought, just

Margaret N. O’Shea covers legal issues for the newspaper The
State in Columbia, South Carolina.

CRIMEBEAT

Nev., 1992

NOVE

oe me

590 86.

amination of each juror on his voir dire.
Certainly in capital cases it is the better
practice to examine the jurors in this man-
ner even though a separate examination is
not requested. But in the instant case no
request for a voir dire examination was
made until after several jurors had already
been drawn and accepted. The prospective
jurors thereafter drawn were separately
examined. After the panel was completed,
those who had not been previously ex-
amined under oath were sworn and the
usual questions respecting their qualifica-
tions were propounded to them as a body.
The Court inquired if this procedure was

‘satisfactory and there was no response.
’ Under these circumstances it is apparent

that any right to a separate examination
was waived. But in view of the gravity of
the offense involved, we shall inquire fur-
ther whether appellant was prejudiced in
any manner. All of those jurors, when
each question was propounded to them col-
lectively, gave satisfactory answers respect-
ing their qualifications. We think it is
clear that the method: followed in the ex-
amination of these jurors resulted in no
prejudice to appellant. As previously stated,
is is not contended that any of the jurors
who sat on this case were disqualified in
any particular. It is further. asserted that
one of the jurors was never put on his voir
dire but this statement is not sustained by

‘the record.

The next assignment of error relates to
the argument of the solicitor. Appellant’s
counsel states that “the solicitor held up
before the jury a written instrument pur-
porting to be a confession signed by the de-
fendant, and in substance he based a por-
tion of his argument to the jury on the said
instrument, which was never introduced
into the record, in which he attacked the
testimony of defendant.” No objection to
the solicitor’s argument was raised until the
conclusion of the charge when appellant’s
counsel stated: “Your Honor, that paper
not having been put in the record, we don’t
think that the remarks to the jury of Solic-
itor Wolfe or anybody else about it would
be competent, because the statement was
not put in evidence. We think that any
remarks that the Solicitor made about that
should not be considered by the jury.” In

45 SOUTH EASTERN REPORTER, 2d SERIES

rder settling the record for appeal the
tea Judge said: “In reference to what
transpired-during the solicitor’s argument,
I think it is my duty to state that I‘ ob-
served very carefully every step in the case
and listened attentively to arguments of
counsel to the jury, and I do not recall the
Solicitor having waved the alleged state-
ment or confession before the jury in his
argument.”

[3,4] It is well settled that we are
bound to accept the statement of the trial
Judge as to what transpired. Kneece v.
Hall et al., 138 S.C. #57, 135 S.E. 881;
Chesser v. Tyger River Pine Co., 155 S.C.
356, 152 S.E. 646; State v. Mishoe et al.,
198 S.C. 215, 17. S.E.2d 142. It has also
been repeatedly held that the “conduct of a
trial is left largely to the discretion of the
presiding Judge, and this Court will not in-
terfere unless it clearly appears that the
rights of a complaining party were abused
or prejudiced in some way.” State v. Mc-
Gill, 191 S.C. 1, 3 S.E.2d 257, 260.

In the direct examination of Captain
Ansel, the State did not undertake to intro-
duce in evidence the alleged written con-
fession signed by appellant. The witness
was merely examined as to the verbal state-
ments which appellant made to him. On
cross-examination, appellant’s counsel in-
quired about the original of the written
confession. The witness replied that the
original had been turned over to Sheriff
Whetstone. He was then asked to refer to
the solicitor’s copy and give the date.
Thereupon the solicitor took a copy which
he had in his file and handed it to the wit-
ness in the presence of the jury.’ The wit-
ness was thereafter subjected to a vigorous
cross-examination with reference to the
alleged written statement, but it was never
introduced in evidence.

[5] It does not appear from the record
that the solicitor read from the statement
during his argument. The fact that appel-
lant signed a written statement is not dis-
puted. His contention was that he did not
know or understand the contents. Captain
Ansel testified that the statement contained
in substance the same version as orally
given to him by appellant. It was, there-
fore, not improper for the solicitor to argue

pst

HINTON v. NORTH GEORGIA WAREHOUSE CORPORATION 8.C. 591
Cite as 45 8.E.2d 501

the fact that appellant had signed a writ-
ten statement. The contents were not di-
vulged. . It was appellant’s counsel who
first caused the statement to be exhibited
in the presence of the jury. We are unable
to see any prejudicial error in the conduct
of the solicitor.

[6] The remaining question raised by
the exceptions relates to the charge of the
Court as to the elements necessary to make
a confession voluntary. It is contended
that the Court omitted to charge that a con-
fession is not voluntary if procured through
fear or by force or threats of violence. The
trial Judge charged that any statement or
confession made by a defendant could not
be considered unless it was shown to the
satisfaction of the jury beyond a reasonable
doubt “that the person making that state-
ment made it freely and voluntarily, of
their own accord; that they were not prom-
ised any reward or hope of reward, or any
favor; and that they were not intimidated
or put in fear of harm. In other words, it
must be shown beyond a reasonable doubt
that there was nothing offered to such a
person making such a statement and that he
did not make it out of fear or the hope of
benefit.”

We do not find in appellant’s testimony
any suggestion that the alleged confession
was extorted through fear or by threats of
physical violence. But assuming that his
testimony is susceptible to an inference to
that effect, we think this element was suffi-
ciently covered in the charge which we
have quoted. Appellant relies on the recent
case of State v. Scott, 209 S.C. 61, 38 S.E.
2d 902, Defendant there contended that
the alleged confession was obtained by mis-
treatment and violence but that element,
which was the one relied upon by the de-
fendant, was omitted by the trial Judge in
defining what constituted a voluntary con-
fession.

Appellant has also appealed from the or-
der of the trial Judge settling the case for
appeal, but we find no error in this order.

[7] As usual in cases of this kind, we
have, in favorem vitae, 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. The jury, which is the body clothed
with the’ duty and responsibility of passing
upon the facts, has found appellant guilty
of murder. There being ample evidence to
sustain the verdict and finding no errors
of law, we are not warranted in disturbing
the verdict and sentence imposed.

We think it is appropriate to state that
appellant did not employ counsel. The
Court appointed three capable and experi-
enced members of the Calhoun County Bar
to represent him, which they did in the
Court below with commendable zeal and
ability. One of these attorneys has earnest-
ly and diligently presented the case on ap-
peal to this Court. Their services are ac:
knowledged with appreciation.

The judgment of the Circuit Court is af-
firmed.

BAKER, C. J., and FISHBURNE,
STUKES and. TAYLOR, JjJ., concur.

ous

HINTON v. NORTH GEORGIA WARE-
HOUSE CORPORATION et al.
No. 16022.

Supreme Court of South Carolina,
Dec. 10, 1947.

1. Workmen’s compensation €=729

An injury incurred by workman in the
course of his travel to his place of work
and not on premises of his employer but in
close proximity thereto is not compensable
unless the place of injury is brought within
the scope of employment by an express or
implied requirement in contract of employ-
ment of its use by the servant in going to
and coming from his work. Code 1942, §
7035-1 et seq.

2. Workmen’s compensation ©=729

Injury to employee on his way from
home to work in his automobile when he
turned left to cross a public highway to en-
ter the gates of the plant employing him
and was struck by an on-coming motorist
was not compensable as caused by “accident

166 2 C. 32 SOUTH KASTERN REPORTER, 2d SERIES
connection with it are sufficiently shown by ' [8,9] Error is alleged because the trial
the following brief statement. On the Judge failed to keep the jury overnight in
_ afternoon of February 4, 1944, the victim the custody of the sheriff or bailiff. When
of the attack, an eleven year old school the Court adjourned in the afternoon of
girl, boarded a bus in the City of Green- the first day of the trial, the jury was al-
ville to return to her home on Sitka Ave- lowed to separate and go home for the
nue, The appellant was a passenger on night. It is argued that prejudice resulted
the same bus, ; They were unknown to each to the defendant because during that night
other. She. alighted at the entrance of somewhere in the county, or in the City of
Cleveland Park, and proceeded on foot, Greenville, a colored boy had raped a
with her books and school equipment, down white girl, and this fact was generally
a road leading through the edge of the known around the courthouse the follow-
park. The appellant left the bus along with ing morning. Counsel for the appellant
the prosecutrix, and followed her down the contends that it can be presumed that the
road. When the little girl reached a jury in the case at bar had equal knowl-
wooded section of the park she left the edge of this crime along with other persons
road and proceeded along a path through who attended the trial, and that this was
the woods used as a short cut to Sitka sufficient to influence their verdict.
Avenue. We have held that the action of the
The appellant, according to his own tes- trial Court in keeping together or allow-
timony, alighted . from the bus and fol-. ing the separation of a jury, even in capi-
‘owed the little girl with the intention of tal cases, will not be disturbed unless it
_ gratifying his lust. In order to divert is clearly apparent that this discretion was
suspicion, he did not take the short cut abused. State v. Williams, 166 S.C. 63,
used by her, but walked on up the road. 164 S.E. 415, 421. No complaint was made
After going several hundred fect, he cut to the Court during the trial of the appel-
through the woods and bushes and inter- lant that any improper influences were
cepted her. He seized her and carried her brought to bear upon the jury as a whole,
farther off into the woods, and threatened or any member of the panel. This matter
her with bodily injury if she made any was not presented to the trial Court until

outcry. the motion for a new trial was made in
According to the evidence for the State, this case, Nor was © then in any way
he released her after he had completed the shown that any prejudice had resulted to
act of sexual intercourse, and she went oe a by ee of the Court

home and related the circumstances to o keep the jury together.
her mother. She was promptly taken to In the case of State v. Williams, supra,
a hospital in the City of Greenville and it was said: “In the absence of any show-
we must assume that

given medical attention, and received treat- ing to the contrary,
ment.there for several wecks following the each and every member of the jury sought

attack, The medical evidence in the case honestly and impartially, under the law, to
showed beyond any possible doubt that the discharge his duty; and [to observe] the

little girl had been subjected to sextial oath required of a juror.” There is no
“intercourse. Her vagina was torn

and merit in the exception raising this ques-
1 in the tion.

lacerated, and semen discoverec
vaginal tract. [10] It is next urged that the trial

There is no question here of the identify Court erred in refusing to grant a new
of the person who committed this crime. trial on the ground that an expert witness
The defendant in his testimony admitted of the defendant failed at the last moment
all that we have stated except the act of to attend the trial. It appears that the wit-
penctration, and the threat of bodily in- ness in question was an army doctor asso-
jury. He said that he was over-sexed, ciated with the Greenville Health Depart-
and attributed his deed to that fact. He ment, and it is said that his testimony, if
testified that he inflicted the physical in- it had been available, would have tended
juries by digital insertion. to prove temporary insanity on the part

of the accused.

This witness, although he »had promised
counsel for the defendant to attend and
testify, was not subpoenaed. Nor was

In such a case, we cannot conceive that
the remarks of the Solicitor could possibly
have improperly influenced the jury in
arriving at a verdict.

“S * 7 Ft aid

oi : :
the net Trane to; issue any, process, this principle. This Court in the foregoi
idl f; sy, abendanshs =i gF was a- ag repudiated.the doctrine. of strestath
mentees Saas ts ; nor, was~ ble impulse rali 2 cel =
4 anne submitted vunder, Rule 27 of. sae gd eae Mera ge ig ye :
¢; ircuit Court showing. what the .wit-. supra, quoted the f tc ria ae eon
ness would swear to,if present. . The des” from State v Pa i Oh ate G00 a SW.
—) when on the stand testified that” 961. “Tt will bea eae cag gitar
he was entirely sane when he made the’ when uncontroll bl F ae Salk schete
attack upon the little girl; that he knew it: a.rule of acti pip Mag ree rE ay
ta r i &, i ” ;
“— wrong, and that immediately there-. 120, 13 S.E 321]. ee ae Jhiscto
after he attempted to blot out the horror’ stated: “Tt F ; ag genera
of it by resorting to the drinking of liquor.” ble of. pr t . wigs iss Nee Sey
Seta ; ; > oof, and to allow a pe ~
ve ning reat Sits Besih tas ec we sce cape the consequences of tis etiminal ae
aakethud L ace se raising ’ this , by asserting that he acted under oa im-
Pina een’ cd *“* pulse which he could not restrain alth
‘ ) . sf a h
(1) The appellant was’ granted. per-: he knew. his act to be unlawful, woul te
mission to include and argue an exception; dangerous, if not destructive, to the peace
not made in the record, alleging that the of society. See State v. Bundy, 24 S.C
trial Judge failed'to instruct the jury that 444, 445 [58 Am.Rep. 263]; State v. Alex-.
: could bring in a verdict as to insanity if ander, 30 S.C, 74, 8 S.E. 440 [14 Am St.
ie evidence warranted it.” “We assume! Rep. 879]. See, also, Leache v. State, 22
a this exception is taken because the Tex.App. 279, 3 S.W. 539 [reported also in
oe Judge when instructing the jury as 58 Am.Rep. 638], where the question is
te the form of their verdict, failed at that ably and elaborately discussed, and the
ime to make any specific reference to in- ruling was in conformity to the, view we
eto But just prior to this, the law re- have adopted.”
Theat seri ee fully orl After mature consideration, we firmly
yé , and we quote: “If you~ adhere to tl 1 i ; in:
Par bit ole BaceySinecghod oul he rule so forcibly expressed in
} at at the precise State v. Levell :
| 5 % elle, supra; and we may ad
oe predic get ee ae ance sages that the doctrine that a criminal act sdhag ee
not know that the excused or miti db
alleged act was wron imi irresi Scaeh Chen: ie chee
i a a g or criminal or pun- an irresistible im
pulse, where tl
ve bets oe or the RE then your has the mental capacity to Sbececaie te
ou e ‘not guilty,’ since, as I legal and moral duty i i
, 2 : :
have already told you, the defense of in- no place in the law Eo lee sea oa
— is a complete defense when properly
made out.” In our opinion, the defendant
could not have been prejudiced in any way ——
by the failure of the Judge to repeat what oe a ee et
he had alscsdy stated! Schofield to represent the defendant, and
ge he did so in the Circuit Court, and on the
ge 1e appellant was also granted appeal to this Court. He has discharged
pt rig ht to review and attack previous the duty and obligation imposed upon him
Fa A of this” Court dealing with the by the Court with ability and fidelity, and
: zine of irresistible impulse as a de- this Court acknowledges his services witk
agrees State v. Levelle, 34 S.C. appreciation.
: te ae ee ee tt State ; It is the judgment of this Court that the
hae .C. 74, .E, 440, 14 judgment of the Circuit Court be affirmed
oa 879; State v. Bundy, 24 S.C.
39, Am.Rep. 263. Error is assi <
gned BAKER, C. J., and STUK
because the trial Court refused to charge. LOR, and buen a ae gre Nt

When this case was called for trial in the

11]
i
i

Ree teaser

PTH eee scrtatermcenny

cea ater iced

IVEKSIT OF ALABAMA
HRM wraeNab ore 2 sho vhs

Balance due ward

[17] The recasting of the accounts show
that the estate of W. L. Bagwell ae ‘
the plaintiff herein the sum of $290.49, a
the finding of the Circuit Court that no =
is due to the plaintiff is reversed. -
plaintiff is entitled to judgment against s
T. Hinton, as administrator of the eager
of W. L. Bagwell, deceased, in the sum ‘
$290.49, and against Julien D. Wyatt, oa -
ministrator of the estate of Nancy =
well, deceased, as a secondary liability y
reason of Nancy Bagwell having become

32 SOUTH EASTERN REPORTER, 2d SERIES

wz Ca
RECAPITULATION
‘Receipts Disbursements
First Return $3485.71 — stole tl es
Firs rs , |
Second Return ah A ee: 4 ae
Third Return — . : ee : ee
Lourth Return aa ie 4 t
pape ele 214.00 ae e
Six l :
Seventh Return i dae
Fighth Return pila ne
Ninth Return 98.
. $6639.25 $4194.75
To be accounted for: $6630.25
Total Receipts aoa
Total Disbursements 94
$2444.50
How accounted for: :
Loss in Banks 2154.0
$ 290.49

surety upon the guardianship bond of W.
L. Bagwell.

It z therefore, ordered that the are
of the Circuit Court be and the same :
modified in accordance with this ois re
and that the cause be remanded to t c ih
cuit Court with directions to panes e
ment for the plaintiff for the sum ares
found to be due him, together with the cos

of the action.

BAKER, C. J., and FISHBURNE and
STUKES, JJ., concur.

OS snap E y.

‘GILSTRAP ! 8.0. 163

32 S.E.2d 163

Te cindy (8)
_ STATE v. GILSTRAP, 3! 9!
No. 15690.

” Supremé Court of South Carolina, ”'''
Nov. 10, 1944, (9.5
{. Criminal law €=954(1) »

Defendant seeking new trial on ground
of improper argument should show timely
objection, substance’ of objectionable Jan-
guage, court’s failure ‘to sufficiently warn
jury, and material prejudice.’ (0!

LICH Ea ote eec's
2. Criminal law €=1171(1)

If, upon whole. case, it appears to Su-
preme Court that defendant was prejudiced
by language used, as result of which he did
not have a fair and impartial trial, Supreme
Court must reverse case and remand it for
new trial; but, if. record shows that no
other verdict could have been found upon
any reasonable view of evidence, Supreme

Court is safe in, concluding that no harm '

was done. '

3. Criminal law @>1171(1)

Prosecuting attorney’s argument, in
rape prosecution, that if defendant, a white
man, were a negro it would not take more
than 15 or 20 minutes in arriving at a just
verdict, was improper but did not require
a reversal, in view of record showing that
no other verdict than guilty could have
been found upon any ‘reasonable view of
the evidence.

4 Criminal law C1171(1)

Prosecuting attorney’s argument, in
Tape prosecution, that defendant’s attorney
exceeded his duty to his client when he
asked little girl if defendant’s sex organ
entered her sex organ, was improper but
did not require a reversal, in view of record
showing that no verdict other than guilty
could have been found upon any reasonable
view of the evidence.

5. Criminal law C>1171(1)

Prosecuting attorney’s argument in
Tape prosecution to jury to place themselves
in position that prosecutrix was their own
daughter was improper but did not require
4 reversal, in view of record showing that
no verdict other than guilty could have
been found upon any reasonable view of
the evidence. J

6. Criminal law G>726

Where counsel for defense first injects
xtraneous arguments into case, defendant

is not in position ordinarily ‘to complain of
‘the arguments in reply.

7. Rape €=51(1)
Evidence supported conviction of rape.

8. Criminal law @=>1155

: Trial court’s action in keeping together
‘or allowing separation of a jury, even in
capital cases, will not be disturbed unless it
is clearly apparent that such discretion was
abused.

9. Criminal law C1039

Defendant could not complain of trial
judge’s failure to keep jury overnight in
custody of sheriff or bailiff, where matter
was. not presented to trial court until mo-
tion for new trial was made, and especially
-where it was not shown that any prejudice

-had resulted to defendant by failure to keep

jury together,

10. Criminal law C=1176

Refusal to grant new trial on ground
that expert witness of defendant failed at
last raoment to attend trial did not consti-
tute reversible error, where it appeared that
witaess, although he had promised defend-
ant’s counsel to testify, was not subpoe-
naed, that trial court was not requested to
issue any process to secure his attendance,
that a recess or a continuance was not
asked, and that no affidavit was submitted
showing what witness would have sworn to
if he had been present.

11. Crlminal law ©=829(6)

Failure of trial judge when instructing
jury as to form of their verdict to make
any specific reference to insanity was not
prejudicial to defendant, where charge on
insamty as a defense had already been
given.

12, Griminal law €=50
The doctrine of irresistible impulse is
not a valid defense against a charge of
crime,
peer een

Appeal from General Sessions Circuit
Court of Greenville County; J. Robert
Martin, Jr., Judge. ;

Charles Gilstrap was convicted of rape,

and he appeals.
Affirmed.

John M. Schofield, of Greenville, for ap-
pellant.
W. A. Bull, Sol. of Greenville, for re-

spondent.
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164 So 32 SOUTH EASTERN REPORTER, 2d SERTES

FISHBURNE, Justice.

The appellant, Charles Gilstrap, a young
white man, was tried upon an indictment
charging him with rape. The victim was
a white girl eleven years of age. He was
found guilty, and the trial Court sentenced ; C 1
him to be electrocuted as provided by law. and impartial trial.”

There are several assignments of error. However, in view of the fact that this
The first. group raises the issue that the is a capital case, we will undertake to
trial Judge erred in refusing to grant a Pass upon the question presented just as
new trial on account of alleged intemperate though the foundation therefor had been
and inflammatory language used by the duly made. The trial Judge in favorem
Solicitor in his closing argument to the vitae adopted the same course in the, full
jury. It is contended by. counsel for ap- consideration he gave to the motion.
pellant that the prosecuting attorney made The Solicitor disagrees somewhat with
the following statements which were prej- appellant's counsel with reference to the
udicial to the rights of the defendant: exact phrascology of the remarks he made

“(1) If this boy’s color were bladk it to the jury, wherein he is charged with
wouldn’t take you fifteen minutes to re- having injected the racial question into the
turn a verdict of guilty, and he is not en- case. His recollection is that he made this
titled to any more consideration than if statement to the jury: “Gentlemen, in my
his color were black. -™ eed opinion, if this were a negro I don’t believe

«(2) Mr. Schofield asked the little girl the jury would be out long, fifteen oF
if the defendant’s sex organ entered her twenty minutes, in arriving at a just ver-

dict in this case.”

sex organ: There is a limit to an attor-
ney’s duty to his client, and Mr. Schofield There are cogent reasons why appellate

exceeded that duty. courts should be careful and critical in
“(3) Place yourself in the position that recognizing alleged improper statements of
this girl was your own daughter, and go in counsel in argument as affording ground
and vote as tho it were your own daughter for reversal. Every case must necessarily
who had been raped.” depend upon its own particular circum-
stances. It would seem consistent with
[1] The record shows that the alleged the ordinary principles upon which justice
‘comments were not objected to when made; js administered, that if in this case the
no ruling thercon was requested from the giatements complained of were material,
trial Judge; and the matter was brought and this Court can see, from an examina-
to his attention for the first time on appel- tion of the evidence, that they were likely
lant’s motion for a new trial upon the to and probably did wrongly influence and
ground that the quoted statements de- mislead the jury to return a verdict against
prived defendant of a fair and impartial the defendant to his manifest prejudice,
trial. No record was made of the alleged this Court should redress the wrong by re-
objectionable remarks. They are sct forth yersing the judgment and granting a new
by counsel for appellant in his brief as Te- trial. But we do not think upon a consid-
called by him. But the Solicitor’s version eration of the entire evidence that this is
is not substantially different. The Court guch a case. The trial Court upon mature
was not requested to instruct the jury tO consideration took this view, and we con-
disregard the statements; mor was it asked Gur in it.
to declare a mistrial, The proper proce- . 2 :
dure in a matter of this kind should have There may be cases, of course, in which
been that outlined in State v. Mechan, 160 the statements of counsel are so prejudi-
S.C. 111, 158 S.E. 151, 158, where the rule cial and flagrant that neither admonition to
is stated as follows: counsel nor direction to the jury can ade-
overcome their injurious effects.

(2) the substance, at least, of the objection-
able language; (3), the failure of the court
to sufficiently warn the jury not to con-
sider the improper argument; and (4) that
the result was to materially prejudice the
right of the losing litigant to obtain a fair

quately

“The conduct of 7 trial must be left Price v. American Agricultural Chemical
largely to the discretion of the presiding Cy. 178 S.C. 217, 182 S.E, 637; State v-
judge. One seeking a new trial because of McGill, 191 S.C. 1, 3 S.E.2d 257.
unfair or improper argument on the part
of counsel for the successful party should [2]
show these things: (1) That timely ob-
jection was

The rule followed in this State,
and we think in most jurisdictions, is that

interposed to the argument; if upon the whole case, it appears to the

STATH v. GILSTRAP |) yo) 1 8.0. 165

32 S.E.2d 163 ~

Court that the defendant was prejudiced » mi i

by the language used, ‘as the ‘cuaik of i ee oN: oa —
which he did not have a fair and impar- : . adeorte amines
‘tial trial, it would be the duty of the Court |; oe yan. Sea 1s BUY espeet at: the fase
to reverse the case and remand it for a justify the following remark admittedly
sew: trial.+: Howeger! kitwens daidslé-State made by the Solicitor, which differs some-
v.:Duncan,: 86: S.G.1370,468-SE:1 684,685, fee eteom the version of appellant's coun-
Ann.Cas, 1912A, 1016: » “Ifthe ‘record 2cr , 1he, Prosecuting attorney told the
chow: that ask keene badad: Ete SO. to “give the same consideration to this
been found upon any reasonable view of ae that you “would ‘want twelve men to
the evidence, we are safe) in concluding Soret). ® Case tt gees daughter fed heen
that vio" Tea seth savas A elcade 13s Gioia Sates: _ Taped; and God forbid that that would
Evans, 202 S.C, 463, 25: S.E.2d 492, Pai ae hl

The question whether the statements of his Sn ek TF ef this. nature addressed
the’ ‘prosecuting’ sltornéy were “dalbiy cal to the jury tends to completely destroy and
culated to improperly daflhicnicel te jary nullify all sense of impartiality in a case
fesulting ii ‘miatilfest peesiediee Bepedts in of this kind. , Its logical effect is to arouse
large meastite ‘upon ‘the’ peculin 4560s "atid passion and prejudice. Jurors are sworn
dircumstances of the @uanitit the BAAD * be Severed by the evidence and it is

sf fits i _ their uty to regard the facts of a cas

[3] eams to us clear that in ‘the “impersonally’’ We have no idea that he

quoted statement, the prosecuti + icitor i
ir his seal and’ ud! doubt! deeply ndead Sbr' pasion, Bit statements of this charac
. enormity of the crime, overstepped “ ter are well Talclabed i Boas ie
e pounds of legitimate argument: There | result iia ak
was no justification in this case for mak- -
ing any reference to the negro race, or
any member of it. All citizens in ‘this
country stand upon an equality before the
bar of justice, and the State does not and
should not rely upon prejudice, passion, or
§ympathy for the enforcement of its laws.
All of the parties involved in this case are
white people; the defendant is a white
man, and the prosecutrix is a white girl.
Wie iccisa node ix: Hoe Whale iw dkbond. “and should not have been indulged in.
ant was a white man or a colored man, We have held that where counsel for
ut whether the evidence satisfied the jury the defense first injects extrancous argu
that the defendant was guilty as charged. ment into the case, the defendant : mt

din’ cade’ teas Gu tainly Umade dut!then in a position ordinarily to complain of
the argument in reply. State v. Hilton, 87

is the one here presented, the r
mn 4 emarks of 77
= Solicitor would have raised a serious See eae ae ned ae ae
question as to the propriety of granting a — 684 "hes CLL WOIZA oe wae wig
: . " ; ; tate v.

new trial; and but for the fact tha € J I . y ae °

, nl]: h f h t th .

re sult as we vi ew tl : rH ernigan, 156 St 509 1 93 S.E 480. I ut
1 y ] 1 : 1 1 ‘ee . f

evitably have b i
aitidas ‘ieee pee the same if the prose- jt is far more desirable and i
all we y had not addressed the jury - interest of a fair and i maeogiatie lies
wit i should feel beg a pee to view -ceounsel on both sid = oe gabar trial, tor
aver concern the injecti i ; ee
jection of this | their arguments within the reasonable i

extrancous matter into his argument. its ¢ the evide tate v Rober son I
ence, S at . t ’
[ 4-6] What we have said applies with

equal : :

ed paced obese gare herein- [7] The evidence in this case leaves

Theeecsion Peon t to = Solicitor. not a shadow of doubt as to the guilt of

ed be hc eiecitin metre lant’s coun- the accused. Reasonable men could not

reference was made is is ae to which differ upon this issue. It is not neces-

ne free @ - of the evidence in .

ap ie aaa tae rape. It was asked strate the truth of this oe
a e circumstances per- enormity of the crime and the appellant's

It is argued that the alleged objection-
able remarks were justified by way of re-
taliation to the statement made by appel-
lant’s attorney to the jury. He told the
jury that if they convicted the defendant
they would have the blood of Mrs. Gil-
strap (his mother) on their hands.” It
goes without saying that this appeal to
the sympathy of the jury was improper

“oo =

PEAT IT Ol ALAwAae

“

ehaper

cl, nt ah ih Dae lb Sab Seal i dt Nadiad

i Sl a th a 2 ik ek le

ten

“at
id

Ui irae eee

- tutional because it requires the destruction

220 75 SOUTHEASTERN REPORTER (Va.

defense seems to be under the impression
that the solicitor commented on that fact,
but I did not so understand it. He did not
refer to the defendant. If you should be
under the impression that he did comment
on it, it should not weigh with you. Ac-
cording to'my judgment, he did not comment
on it under the meaning of the law. If you
think that he did, you should not let it
weigh with you, and you should not let it
weigh that he did not go on the stand.”
[3] Eighth exception: We are unable to
discover in what respects this charge was
prejudicial to the zights of the appellant.
The next question for consideration is
whether there was error on the part of his
honor, the presiding judge, in overruling the
motion for a new trial and in arrest of judg-
ment. The contention of the appellant that
there was no testimony to support the verdict
of the jury has already been disposed of.
[4] The contention that the act of 1909
(26 St. at Large, p. 206) is unconstitutional
on the ground that it is ip violation of arti-
cle 3, § 17, of the Constitution, cannot be
sustained for the reasons stated in the case
of Jellico vy. Commissioners, 83 S. C. 481,
65 S. EB. 725.
{§] The ground that said act is unconsti-

of the record in such cases, whether the de-
fendant be convicted or acquitted, cannot be
sustained, as the provisions of the statute
have no application to this case, as will ap-
pear from the following statement of his
honor, the presiding judge, in overruling
this ground of the motion: “As to the sec-
ond ground, it will be necessary to state the
facts as they occurred in the court at trial.
The prosecutrix and party, upon whom the
assault was alleged to have been committed,
was put upon the witness stand in open
court and in public, just as all witnesses
are sworn, and examined; in other words,
the provisions of the act of 1909 were not re-
sorted to or taken advantage of, hence there
is no reason for passing on the constitution-
ality of the act unless defendant’s conten-
tion is that, if a part of the act is unconsti-
tutional, the whole act is. If this be his
position and contention, it cannot be sus-
tained, for the reason that the first section
of the act fixes the punishment, and that
section is independent of the balance of
said act and can stand alone, even if the
other portion of said act be unconstitutional,
about which I express no opinion, as it is
not necessary in this case to do so.” The
ruling of the circuit judge is sustained by
the case of Ex parte Florence School, 43
S. C. 11, 20 S. B. 794. The appellant has
failed to show in what respects the other
constitutional provisions mentioned by him
have been violated.

It is the judgment of this court that the

and that the case be remanded to that court
for the purpose of having another day as-
signed for the execution of the sentence of
the court.

WOODS, HYDRICK, WATTS, and FRAS-
ER, JJ., concur.

PASCHALL & GRESHAM v. GILLISS.

(Supreme Court of Appeals of Virginia. June
18, 1912.)

1. Brokers (§ 88*)—ComMMIssIONS—TERMINA-
TION of AUTHORITY—Bap FairH — QuES-
TION FOR JURY.

Where plaintiff was employed to sell cer-
tain timber land for $200,000 on a commission
of 5 per cent., and the land was subsequently
sold to a purchaser whom plaintiff had procured
for $180,000, because the purchaser claimed
plaintiff had misrepresented the amount of the
timber on the land, plaintiff’s bad faith, if any,
was a question for the jury.

[Ed. Note—For other cases, see Brokers
Cent. Dig. §§ 121, 123-130; Dec. Dig. § 88.*

2. Work aND Lasor (§ 29*)—Express Con-

TRACT—QUANTUM MERUIT.

Where plaintiff was employed to sell cer-
tain timber land for $200,000 on a 5 per cent.
commission, and the owners thereafter sold the
land to a purchaser procured by plaintiff for
$180,000, the plaintiff’s right of action to re-
cover commissions was not limited to an action
on the express contract; but he was entitled to
sue on a quantum meruit and prove the express
contract as evidence of the value of his serv-
ices.

[Ed. Note.—For other cases, see Work and
Labor, Cent. Dig. §§ 56-58; Dec. Dig. § 29.*}
3. BRoKERS § 69*)—CoMMISSIONS—INTEREST.

Where, after a broker had been employed
to sell timber land, the owners sold the land
for a less price than the broker was authorized
to accept to a purchaser procured by the bro-
ker, and then wrote the broker that the land
had been sold and that he was not entitled to
commissions, his right of action for commissions
then accrued, and he was entitled to interest on
the amount found to represent the reasonable
value of his services from that date.

[Ed. Note.—For other cases, see Brokers,
Cent. Dig. § 55; Dec. Dig. § 69.*]

4. Brokers (§ 69*)—Ricut to Commissions—

SALE AT DIFFERENT PRICE.

Where a broker contracts to furnish a pur-
chaser for timber lands at a stipulated price,
and furnishes a purchaser to whom the owner
sells at a less price, the broker is entitled to
recover such compensation for his services as
would be reasonable under all the facts and cir-
cumstances of the case.

[Ed. Note.—For other cases, see Brokers,
Cent. Dig. § 55; Dec. Dig. § 69.*]

Error to Law and Equity Court of City
of Richmond.

Action by J. I. Gilliss against J. R. Pas-
chall and Thomas Gresham, partners as Pas-
chall & Gresham. From a judgment. for
plaintiff, defendants bring error. Affirmed.

The following are the instructions given
for plaintiff:

1. “If the jury believe from the evidence
(1) that the defendants employed the plain-

judgment of the circuit court be affirmed,

tiff, Gilliss, to sell the timber on the Lofton

*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes

PE I i,

Va.) PASCHALL & GRESHAM vy. GILLISS 221

tract; (2) that the plaintiff, Gilliss, brought
the said property to the attention of Mr. and
Mrs. Johnson; (3) that the defendants, in
the absence of the plaintiff (Gilliss), attempt-
ed to sell said property to the said Jobnsons;
(4) that the said Johnsons told the defend-
ants that the plaintiff, Gilliss, had informed
them (the said Jolnsons) that he (Gilliss)
thought the aforesaid tract of land contained
not more than 90,000,000 feet of timber; (5)
that the said Johnsons also told the defend-
ants that they, the said Johnsons, were unwill-

tions which ended in the sale, and his right
to recover commissions cannot be defeated
because of his failure to Personally partici-
pate in said negotiation.”

4. “If the jury find for the plaintiff, Gil-
liss, they should award him the principal
sum of $9,000, and should state, In their ver-
dict, that the said sum is to bear interest
from September 10, 1909.”

5. “The court instructs the jury that, even
though they believe from the evidence that
at one time J. I. Gilliss, the plaintiff in this

ing to pay more than $2 a thousand feet, bas- | case, had a contract with the defendants for
ed on the aforesaid estimate of the plaintiff, | the sale of their property, known as the ‘Lof-
Gilliss, or a total sum of $180,000; (6) that! ton tract,’ nevertheless, if they believe from
the said Johnsons offered the defendants the| the evidence that the plaintiff abandoned the
sum of $180,000 for the aforesaid timber, and | said contract and ceased in his efforts to sell

court instructs the

fendant Paschall,
that he (Gilliss) ab

the plaintiff,

plaintiff, Gilliss, had not been authorized to
sell said property for any sum less than
$200,000, nevertheless the plaintiff Gilliss is
entitled to recover from the defendants, un-
less the jury believe it is shown, by a pre-
Ponderance of the evidence to the satisfac-
tion of the jury, that prior to the aforesaid
sale the plaintiff, Gilliss, informed the de-
expressly or in substance,
andoned the aforesaid em-

S actually

informed the defendants that the amount of| the same, and informed Mr. Paschall ex-
said offer was calculated by allowing $2 a i
thousand feet for the quantity of timber stat-
ed in the aforesaid estimate of
(7) that, after receiving the afore.
said information, the defendants accepted
the aforesaid offer of the said Johnsons, and
sold and conveyed ‘said property to said John-
sons; (8) that the plaintiff, Gilliss, although
absent at the time such sale wa
had originally brought said property
to the attention of said Johnsons, and was
the procuring cause of said sale—then the
jury that, even though
believe from the evidence that the

pressly or in substance that he (Gilliss) aban-
doned the employment by the defendants to
Sell the Lofton timber for them to Mr. and
Mrs. Johnson, they must find for the defend-
ants.”

6. “The court instructs the jury that if
they believe from the evidence that said J.
I. Gilliss, while claiming to represent the
said Paschall & Gresham, the defendants in
this case, was actually representing Mr. and
Mrs. Johnson, the purchasers of said timber,
they must find for the defendants. But the
fact that Gilliss was the estimator and agent
of the Greenleaf Johnson Company, a corpo-

ration in which Mrs. Johnson and her son
were stockholders, would not constitute Gil-
liss as personally representing Mr. and Mrs.
Johnson as the purchasers of said timber in
the meaning of these instructions; for, to de-
feat the claim of Gilliss to his commissions
on this ground, ‘the jury must be satisfied
from the preponderance of the evidence, ei-
ther direct or circumstantial, that Gilliss was
actually the personal representative of Mr.

ployment by the defendants to sell said tim-/and Mrs. Johnson in the transaction of the
ber for them, or unless the jury believe from negotiations for the sale of the timber, al-
the evidence that Gilliss, although claiming | though claiming to represent Paschall &
to act for Paschall & Gresham, was the ac-| Gresham.”

tual representative of Mr. and Mrs. John-

The following are those refused to defend-

”
son. ant:

2. “That the plaintiff was the procuring

1. “The court instructs the jury that the

cause of said sale, if said sale was brought | contract entered into between the parties in

about by the plaintiff’s exertions in present- | t:

his suit was a contract for the payment of

ing the property to the attention of the pur-/a commission in the event of a sale at the
chasers, or by his introducing the purchasers | fixed price of $200,000; and if they believe
to the defendants, or by his giving to the de-| from the evidence that said timber was sold

fendants as possible purchasers the names of | f

or less than $200,000, then they must find

the said Mrs. Jessie C. Johnson and Ira|for the defendants.”

Johnson.”

2. “The court instructs the jury that for

3. “That if the jury believe from the evi-| the plaintiff, J. I. Gilliss, to recover in this

dence that the plaintiff was authorized or|e

ase, he must show by a preponderance of

requested by the defendants to sell the Loft. evidence that he found a purchaser ready

ton tract for them, and that pursuant there-|a

nd willing to purchase the timber of the de-

to the plaintifr brought the property to the fendants upon the terms and price at which
attention of the purchasers, Mr. and Mrs. | the defendants authorized him to sell: and
Johnson, and was the means of putting the | if they believe from the evidence that J. I
defendants into communication with them,|Gilliss failed to produce such a purchaser,
then the jury are instructed that it was not | they must find for the defendants.” :

necessary that the plaintiff should have per-

3. “The court instructs the jury that, even

sonally participated in the actual negotia-| though they believe from the evidence that

UNIVERSITY OF A'ABAMA

BELA POIE, OF bore

ty Clinton, black, elec, SOSP (Dorchester) 11-12

ie: . +e # py hig, " Rs te * de <4 4 3 :
5 te x ry ms, E
3 : : angie ; ats | EP, MBE

Bare gpotat So servi " :

GLOVER, Clinton, electrocuted South Carolina(Dorchester)

Nov. 12, 1912.

218 75 SOUTHEASTERN REPORTER (8. C.

substantially the same facts as set forth in
the former action. (2) That he should have
held that this action is entirely a different
cause of action than the one sued on in the
former action; that the action sued on in
this action is one founded upon the delict
and wrong done by the defendants to the
plaintiff, and that the former action was
founded and grew out of a breach of con-
tract between the plaintiff and the defendant
Southern Railway Company, and therefore
the former action could not be pleaded a
bar to this action. (3} That he should have
held that the validity of the said release was
not adjudicated in the former action, and
does not constitute an estoppel herein.

The question raised by the order overrul-
ing the demurrer and exceptions thereto is
whether the order of nonsuit in the former
action constitutes an estoppel in this action
and rendered the matter res adjudicata and
constitutes a bar to the present action. In
the former action plaintiff elected to treat
the contract of release as valid and based
his right to recover upon its validity and
admitted it when exhibited to him on trial.
In the present action he attempts to treat
the release as invalid and avoid it and bases
his right to recover upon the invalidity of

. the release. In one action plaintiff alleges
the release is valid, and in the second action
He alleges it is invalid. In the first action
Judge De Vore construed the written con-
tract of release as concluding the plaintiff
from claiming that the terms of the contract
were in any way different from those in
writing and barring the right of action for
the alleged breach, or that the evidence
showed no breach of the written contract.
The plaintiff submitted to a nonsuit, which
was ordered, and that order was not appeal-
ed from. After that this action was com-
menced to recover damages which the plain-
tiff in the former action alleged he had re-
leased. The commencement of the first ac-
tion based on the validity of the contract of
the release, was a decisive act and consti-
tuted an election on the part of the plaintiff
to test the validity or invalidity of that re-
lease, and it seems to us that the contract
of release was conclusively adjudicated in
that action between the parties to it to be
valid, and is such an adjudication of the
subject-matter of controversy in both actions
to bar the plaintiff's recovery of the damages
released. “A nonsuit is not usually a judg-
ment upon the merits. It was originally
given against the plaintiff when he intro-
duced insufficient evidence to support a ver-
dict or when he refused or neglected to pro-
ceed to the trial of the cause after it had
been put at issue. It is different, however,
where the plaintiff is nonsuited or a verdict
is directed because the evidence introduced

ter of law that he is not entitled to recover.
The difference is that in one instarice the
plaintiff fails to make out his case; in the
other instance, he proves affirmatively facts
which as a matter of law show that he is
not entitled to recover. Jenkins v. A. C. L.
R. R. Co., 89 S. C. 408, 71 S. B 1010, and
cases cited therein; Morrow v. Railway Co.,
84 S. CO. 224, 66 S. E. 186, 19 Ann. Cas. 1009.
“So a nonsuif based upon the construction
of a deed and unappealed from is res ad-
judicata in a subsequent action involving
the same matter.” Cartin v. Railroad Co.,
43 S. C. 221, 20 S. E. 979, 49 Am. St. Rep.
829; Hodge v. Lumber Co., 90 S. C. 231, 71
S. E. 1009. “A matter involved in a cause
and finally disposed of by a circuit decree
from which no appeal is taken becomes res
adjudicata.” Symmes v. Symmes, 18 S. C.
602. The plaintiff by his former action as-
serted that the release was valid. Defend-
ant admitted that it was. Plaintiff claimed
damages under it, but lost his case by being
nonsuited. The validity of the contract of
release is res adjudicata.

Judgment affirmed.

GARY, C. J., and WOODS, HYDRICK,
and FRASER, JJ., concur.

STATH v. GLOVER.
(Supreme Court of South Carolina. July 6,
1912.)

1. CriminaL Law (8§ 1141, 1163*)}—EvipENcE
—RULINGS—REVIEW.

Accused complaining of the admission of
evidence, must show error and that it was
prejudicial to him.

{Ed. Note—For other cases, see Criminal
Law, Cent. Dig. §§ 3014, 3015, 3090-3099;
Dec. Dig. §§ 1141, 1163.*]

2. CaiminaL Law (§ 730*)—TRIAL—ARGU-
MENT OF COUNSEL—INSTRUCTIONS.

Where the court charged that it should
not weigh with the jury that accused did not
testify, and that, if the jury should be under
the impression that the solicitor commented on
accused’s failure to testify, it must not weigh
with the jury, an exception that the court erred
in permitting the solicitor to call the jury’s
attention to the fact that there was no testimo-
ny introduced by the defense could not be sus-
tained.

[Ed. Note——For other cases, see Criminal
Law, Cent. Dig. § 1693; Dec. Dig. § 730.*]

8. CrimrnaL Law (§ 789*) — REASONABLE
DovustT—INSTRUCTIONS.

An instruction that a reasonable doubt
does not mean a fanciful or imaginary doubt
but means a good, strong, substantial doubt,
was not prejudicial to accused.

[Ed. Note.—For other cases, see Criminal
Law, Cent. Dig. 1846-1849, 1904-1922, 1960,
1967; Dec. Dig. § 789.*]

4, Starures (§ 64*)—VaLiDITy— RIGHT TO
RaAIsE QUESTION.

Where, on a trial for assault with intent

to ravish, the prosecutrix testified in open court.

by the plaintiff proves affirmatively as a mat-

and the provisions of Act March 8, 1909 (26

*For other cases see same topic and section NUMBER

in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes

8.0.
) STATE y. GLOVER 219

St. at Large, p. 206), authorizing the taking of
depositions, were not resorted to, accused could
not question the constitutionality of such pro-
visions unless the section of the act prescribing
the punishment was unconstitutional on the
ground that the whole act was invalid.

{Ed. Note.—For other cases, see Statutes,

Cent. Dig. §§ 58-66, 195; Dec. Dig. § 64.*]

5. Statutes (§ 64*)—INVALIDITY IN PaRT—
EFFECT,

The validity of Act March 3, 1909 (26 St.
at Large, p. 206) § 1, prescribing the ue
ment for rape or assault with intent to ravish,
is independent of the balance of the act author-
izing prosecutrix to testify by deposition, and
providing for the destruction of such deposi-
tion after the trial in case no appeal is taken,
and the invalidity of the latter provisions do
not affect the validity of section 1

{Ed._Note.—For other cases, see Statutes,
‘Cent. Dig. §§ 58-66, 195; Dec. Dig. § 64.*]

Appeal from General Sessions Circuit
Court of Dorchester County; J. W. De Vore,
Judge.

“To be officially reported.”

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

The following aré the exceptions:

“(1) Because his honor, the circuit judge,
erred in overruling defendant's objection to
the question: ‘Q. Describe the tracks and
what the blood hounds did? The objection
was as follows: It seems that before any tes-
timony as to the tracks and the blood hounds
can come out that it must be shown when
the measure of the tracks was taken and
where they were. We object to the testi-
mony on that ground.

“(2) The circuit court erred in overruling
defendant's objection to the testimony of the
witness Shep Hutto as to tracks and the
drawing of tracks’ after the solicitor had
withdrawn the drawing from the record (a)
and in refusing to strike out said testimony.
(b) The circuit court further erred in refus-
ing defendant’s motion to restore the whole
testimony as to the tracks and drawing sub-
ject to defendant's objection as a whole.

“(3) The circuit court erred in overruling
the following objection to the testimony of
the witness U. S. Way. We object to the
witness testifying on the ground that he
says that he does not know what it means
to swear in court.

“(4) Circuit court erred in overruling de-
fendant’s objection to the following ques-
tions: ‘Q. You live on one side of the school
gtounds and she lives on this side?’ Ob-
jected to on the ground the same as leading.
The circuit court erred in overruling defend-
ant’s objection to the following question and
answer thereto: ‘Q. You have got a water-
closet back there where you go out? A. Yes,
sir. Jacob Moorer, Esq.: We do not think
that ought to go in, your honor. How is that
relevant to this case?) We object to the tes-

with the crime charged. This {s not the
character of offense which is before the
court, and, where testimony of one’s previ-
ous conduct is attempted to be shown, it
must be in line with previous acts of the
same kind. Going in a closet is not in line
with the kind of crime charged here.

“(5) The court erred in overruling the
following objections: ‘We object to the tes-
timony about the tracks, your honor has
ruled that out? The Court: I ruled just the
other way.’

“(6) The circuit court erred in overruling
the following motion: ‘The motion, your
honor, is to direct a verdict of not guilty
on the ground that the defendant has not
been identified as the party who committed
the crime charged, and that there is no evi-
dence to connect him, or to show whose
tracks the dogs trailed from this house. The
evidence is insufficient to sustain any ver-
dict against him whatever.

“(7) The circuit court erred in permitting
Solicitor to draw to the attention of the
jury the fact that there was no testimony
introduced by the defense.

“(8) The circuit court erred in charging
the jury as follows: ‘Now a reasonable
doubt, as I have stated time and again in
this courtroom, don’t mean some fanciful oF
imaginary doubt, like a person might doubt
whether the sun would rise to-morrow morn-
ing and not be able to give any reason for
it—it does not mean that kind of a doubt,
it means a good, strong, substantial doubt.’
This definition of a reasonable doubt misled
the jury and fixed the limits for finding a
reasonable doubt beyond reason.”

Moorer & Summers, of St. George, for ap-
pellant. Solicitor Hildebrand, of Orange-
burg, for the State.

GARY, ©. J. This is an appeal from the
judgment of the circuit court imposing the
sentence of death upon the defendant, who
was convicted of assault with intent to rav-
ish. The appellant’s exceptions will be re-
ported and considered in their regular order.
[1] First, second, third, fourth, and fifth
exceptions: In the first place, the appellant
has failed to show that there was error;
and in the second place, even if there was
error, it has not been made to appear that
it was prejudicial.

Sixth exception: We do not deem it neces-
sary to discuss the testimony in detail to
show that this exception is not well founded.
[2] Seventh exception: It is only neces-
sary to refer to the following charge of his
honor, the presiding judge, to show that this
exception cannot be sustained: “Mr. Fore-
man and gentlemen—At the outset I wish
to say to you that it should not weigh one
jota with you that the defendant did not

timony on the ground that it is not in line

take the stand and testify. Counsel for the

.
For other cases see same topic and section NUMBER in Dec, Dig. & Am. Dig. Key No. Series & Rep'r Indexes

SCHOLL OF to ow

UNIVERSITY OF A'S BAMA

No appeal,

GIST, Gary, black, hanged at Spartanburg, South Carolina, on May 26, 1911,

"Spartanburg, S. C., Febe 25, 191l-While alone at her home on Union Street this afternoon,

a prominent woman of this city was assaulted by Gary Gist, a negro aged 223 her 3-year-old
child was badly cut about the face by her assailant, and her 3-months-old mnfant was injured
when it cried, Gist was captured, The negro driver of a delivery wagon, had once been
ordered from the house by the mother, but returning, entered the room in which she and the

2 children had sought safety and there attempted to accomplish his purpose,

“after a thrilling chase, the negro was caught on the outskirts of the city by Sheriff White,
who ran him down on horseback, and in the center of Z 12 mounted B&IXTGAHSHEKHIAAKERIER poe
licemen brought to the county jail, where he is being guarded tonight. Excitement here for a
time was intense, but tonight it has in a measure subsided,"

JOURNAL, Atlanta, GA, 2-26-1911(H-1l-1)

GRAVES, Gabriel, black, hanged Walterboro, S. C., January 24, 1894.

Graves hid himself in the home of a white family named Thompson near Summerville with
the intent to burglarize it after the family had retired for the night. When Mrs. Thompson dis-
covered him, he attacked her with an axe but she managed to outrun him. He fired at her with
a shotgun which missed but fatally wounded her 13-year-old son who was sleeping on a couch.-
Retrospective from State, Columbia, SC, 1/24/1894, 1/5.

THREE NEGROES .HANGED.

Two Hung at Lexington and One at
' Darlington, S. C.

_ Columbia, S. CC: May 1.—Ned and
Brack Toland, two young negroes, who
murdered Mrs. Paul Ellisor, an aged
white woman, at Cayce, Lexington coun-
ty, two months ‘ago, were hanged at
the Lexington jaij at noon today..

The murder of Mrs. Ellfsor was a

| most brutalone, the young Toland box

| holding her while the elder brained her
with an'ax. The.boys afterwards rob-

bed the house of various articles of |-

clothing.
1 Some pressure was brought to vear
“upon Governor Angel :to reprieve Brack
Toland, because of his tender years, be-
ing only 17 years old, but he declined
to Interfere with the court's decree.
Gaddy Graham, colored, aged about 35
years. was hanged at Darlington today
for the murder of Furman Moody.) a
white man, the manager of a plantation
in Darlington county, On November: 18,
1907. Graham wag caught in the act
of stealing corn, and when hailed iby
Moody, the former fired with fatal re-
sulis.

BRAHAM, Gaddy, black, 35, hanged Darlington, SC on May 1, 1908

, Mout Ly a sash 52. 2 : OZ, /- theike ee ie Wn fang! :

att Plealaent, [erkedey Cp, Jy ths 3 may ge
i gn ol Oth acd gen be Moog Dag

Mo—MalQ Vas 591504 _

GRAHAM, Dick

"Mount Pleasant, S. C. 7/27/189)-Dick Graham was hanged
at Mt. Pleasant, Berkeley Co., for the mrder of Nancy
Dayton in “pril, last. Both were Negroes.

BIRMINGHAM DAILY NEWS, B8ham, Ala., 7-28-189)

AHants Gnstitution 1/asla4 Ib gives name as
Dick Green
ts

lohn Owens: Although he was at the -
“scene of crime, he stated that he
— did not know Yates was to be slain.

= and Green, who had never before heard

of Gaskins, stared at one another in
suzzlement as witness after witness turn-
eda pale face away and refused to discuss
mS ae
The two lawmen kept plugging. The
nswer to. this was in patience and
_, Shoe leather. Sifting through their missing
-persons ‘reports from that immediate
ea, they came up with a double item
which had been «filed ‘with North
_ Charleston police quite recently. It con-
cemed ‘the disappearance of a local
shipyard worker, a 28-year-old Dennis
Bellamy and his 15-year-old half-brother,
John Henry Knight. According to the
report, the two young men had resided
gether in a small frame house not far
from Gaskins’ apartment. The detec-
tives decided to pay a call on the mother
of the two missing men, to determine if
either had. any connection with Donald
askins, :
At the woman’s.home, Stoney and
_ Green picked up a startling piece of infor-
mation. It seemed this poor lady’s

‘%- children were disappearing one after the

other. In April preceding the October dis-
“appearance of Bellamy and Knight, a
‘sister’ of theirs, 25-year-old Diane

- Bellamy Neely, had also dropped out of

sight, never to be seen or heard from
-.again. Not only had both Bellamy and the
teenaged Knight been acquainted with
“Donald Gaskins, but Diane Neely’s: ex-
* husband had been a regular running mate
~ of the suspected man. It seemed that Gas-
kins and Neely had once done a prison
: stretch together, and had become friends,
Writing as fast as they could, the two

* lawmen got this new information down
~~ on paper, and collected a photograph of

_the missing woman. She had been quite
attractive, and apparently given to the
_ wearing of very sporty and revealing

* clothing. When last. seen by family

’ members, she had been dressed ina short,
furry white coat and high white boots.

34. :

State alleges that murder victim
_lost his life when he tried to

reclaim gifts from Suzanne Owens.

Meanwhile, efforts were underway to
locate Donald Gaskins, but they had been
unsuccessful thus far. Lawmen: in the

Lake City area had been alerted to the .
" ¢ sinister casserole being cooked up in

Charleston, and had gone to a trailer in
their jurisdiction known to be owned by

~ Gaskins and sometimes occupied by him,

as well.as to the homes of some of the
man’s close relatives in that area. Clothing
had been retrieved which was definitely
identified by Kim Ghelkin’s family as the
property of the missing teenager.

Back in North Charleston, .the two
tireless officers were: still asking their

questions, and had come upona couple of *

witnesses who didn’t appear to be in-
timidated by the name and fame of:
Donald Gaskins. These informants told
strange, vague stories about Gaskins hav-
ing some sort of “private graveyard” up
around Lake City, either in Williamsburg
or Florence counties. Other informants
were found who told officers that Gas-
kins?” frequent companion, 32-year-old

Walter Leroy Neely, was not “right in the -
head” and that he had made statements to

the effect that he and Gaskins had “con-
tracts to kill people.”

These strange tales were heard so often
by the two investigating officers-that by
the: second week in November, it was
decided that something concrete had to
be done about getting hold of Gaskins or
Neely, or both of them. Since they had
safe legal grounds to charge Gaskins with
contributing to the delinquency of a
minor in connection with Kim Ghelkin’s
disappearance, a warrant was drawn on.

-November 14, 1975, charging that Gas-

kins did “willfully and unlawfully take
and carry away (the 13-year-old girl)
fron? her residence to Route 4, Lake
City.” ,

With a warrant for his arrest in hand,
officers began to search in earnest for
Donald Gaskins. A little rousting heat was
applied in some sensitive quarters, and it

John “Teadledum” Powell is paying:

for his role in murder of farmers
who romanced the wrong woman

was learned that Gaskins was supp
be in Sumter, South Carolina. Ace
ly, Sumter County Sheriff I. Byrdl

took’ a group of seasoned officers a
placed under surveillance a hous be

Gaskins was supposed to be st
was their information that the dak

metal-worker was about to fly Sell
BEL 9

Carolina’s coop. 35
Quietly, in unmarked cars, the

County officers gathered. They werg

able to communicate by radio, bec
was known that the resident of the
in question had a police scanneria
There was nothing to do but wait If

approached the house, there washie '
_ be gunplay. Hours crawled by, ande

tually a small, quick-moving mang
out of the house to enter a taxicab
had pulled up in front of the plo
ficers followed the cab to an r
they could be fairly sure no

bystander would be injured if Cola

resisted arrest, and stopped thee
Gaskins surrendered himself wid
incident, and-was takenat onceto$
County’s Law Enforcement Center!
him. when he was arrested wasa
containing some of his belongings’
was rightfully seized as-h
taken in connection with a k

and examined: Among other items ialiele

parcel were a_ .32 caliber’
automatic pistol, 8-shot, andad
Both weapons were loaded. >i
In addition to the contributing day
against Gaskins, police had
warrant for auto theft on him.
added possession of unlawful
the other counts and, on No

- lodged the suspect in jail. “%

Among the very few things Call
would discuss was where he had bu
headed when arrested. He had bast

: his way to the bus station, the a

from which he planned tot
town in Mississippi. He was pa

(continued n .

Paul Bennet’s bedr:
nat old man had la

NEW FLORENCE.
‘MARCH 18, 1973
»@ Paul Clark Bennet \
Whimself. The 55-ye

bi =

Hai @nce frequented bars

et
wt. New Florence, Pen

SO he had bee
d McNaughto
friends and

? ly Bennet had

nn ny.

anet didn’t even
wtives, except a
ous istmas he
tfamily eathering a

\ e of them,
‘still in their Chris:

. unused.

Bennet lived alone in
mM gray shingle hom.
weetoutside of town. It

#44, & rural area in St. C

urel Highlands of
fivani Farmlands, fo

Wad railroad tracks d.

ide. On the outskirts

ot Lis converted

power plant.

Mitors seldom came :
ome. If they did,

an incredible dj

nee of housekeep
fally.in two room
then and one room wh
fed an old Heatrola heat
fheother- rooms, bot
a, Werejammed wit]
ted in his lifetime
S$ parents. There -

yO iture, glassw:

Bassortment of junk
‘Then there was th

wy
a

1661 ‘4 YHAANALdAS ‘AVGYALVS

3 tT JO

TH OF

SIUM

DOE M

}

White Dies for Killing Black,

For the First Time in Decades}

By DAVID MARGOLICK

Nearly half a century and at least
1,000 executions since it last happened
in the United States, a white person
was executed yesterday for killing a
black.

Donald (Peewee) Gaskins was put to
death in Columbia, S.C., early yester-
day for the 1982 killing-for-hire of Ru-

dolph Tyner, a fellow inmate and a,

black man who had himself been con-
victed of murder. The son of Mr.
Tyner’s victims hired Mr. Gaskins to
kill Mr. Tyner, which he did by giving
him a bomb disguised as a radio.

Not since 1944, when a Kansas man
was executed for killing. a black in an
attempted robbery, has a white person
in the United States received the death
penalty for killing a black. No white has
been executed in South Carolina for
such a killing since 1880. The total
number of executions in the state since
that time is unclear, but 245 people
have been sent to the state’s electric
chair since 1912.

Systemic Racism Charged

Opponents of capital punishment
have repeatedly charged that such dis-
parities reflect persistent, systemic
racism in the application of the death
penalty. The death of Mr. Gaskin in an
electric chair seemed to some oppo-
nents to underscore just how rare it is
in this country for a white to be execut-
ed for killing a black.

Mr. Gaskins had already been con-
victed of nine other murders, all of
them of whites. For one murder he had
previously been sentenced to death, a

conviction that was subsequently com-| .

muted to life in prison; for the others,
he was serving consecutive life sen-
tences. Mr. Gaskins had been linked to

several other killings as well.
‘“‘That’s apparently the sort of crimi-
nal record a white man needs to be
executed for the murder of a black,”’
said David Bruck, chief lawyer of the
South Carolina Office of Appellate De-

fense, who represents many death row

inmates.
Victim Was Another Inmate

Although Mr. Gaskins was an
avowed racist who said he killed Mr.

Tyner in part because he was black, ||

death penalty experts inside and out-
side South Carolina contended that
race played little part in Mr. Gaskins’s
sentencing by a jury. The victim was
another inmate; any failure to impose

Continued on Page 11, Column 1

a iy ilat at ral [. Ww r) 4 + e my 4
TEA IALING , Vone 1d ile 9 i i 9 me 5

- (CORDING TO LAWMEN

LPEEWEE
| AER
~ /AANTED f
_. WASDEAD |

?
f
é
f

a
Malad first begun to unfold in
al 1975, in the old seaport city of
oF more properly, in North
Asprawling giant of a young
$ grown up around that area’s
Set military bases. Gaskins,
ay from Florence County, which
Mt te famed Darlington 500
ae, was then making his home in
PQarleston, where he was

Wed by a roofing concern.

fmestigation began when a con-
Wxholteacher reported the con-
mefice of a 13-year-old pupil,
man. The child had only attend-
sof the opening school term
fraher teacher inquired about her
Rother members of the Ghelkin
f@vealed that their daughter was
Soon an official report from
ae was on record with
Simmons, Jr.’s department,
ale officers Rufus Stoney and
‘Green were assigned to in-
®. Ihe perseverance and probity
ibto officers is now legendary
pesth Carolina Police, and the im-
fol it are touching to the hearts

Ge tin was a shy, somewhat in-

girl, a member of a large, -

mail

by PRIEST COLLINS

. | BODIES!

58, elec. 303P 9/6/1991

Donald Gaskins (white trousers) on way to trial for murder.

hardworking family. She had little in the
way of worldly goods and nothing
whatever in the way of social connec.
tions. She bought few products and cast
no votes and left no noticeable void in this
world when she left it. Yet here were
these two dedicated police officers, who
certainly had plenty to do in their jurisdic-
tion without looking for little Kim, and
still they set about searching for her with
as much alacrity as could have been done
if it were the governor’s daughter who
was missing. They quickly picked upa
lead to the child’s possible whereabouts
from male family members who had
already tried to trace her. ;

Kim had _ been something of a:

homebody, relatives said, but she had oc-
casionally liked to take little trips with a

" neighbor and his wife. That neighbor was

known to the Ghelkin family as Donald
Henry Gaskins, Pee Wee Gaskins and
Junior Parrott. They did not know which
of these was his true name, but he had
seemed a nice enough fellow, and his
wife had been very good to Kim. They
sometimes took the teenaged girl with
them to the area of Lake City, an hour-
and-a-half drive away, for short visits, but
always before she had returned safe and
sound. It was the opinion of the missing

child’s male relatives that this Gaskins or

Parrott knew where Kim was now, but
was just not telling them. Asked to supply

an address for Gaskins, the family -:

members named an apartment house in.
the 1800 block of Calvert Street, not far.

from their own home. They quickly.

checked the place, a small, four-room’

apartment, but found nobody at home.. -
. All the landlord could, tell them was that. =
Gaskins paid his rent on time, and that he .-

had originally come.from the Lake City
area to North Charleston. V3
Far from satisfied with their beginning,

Green and Stoney went back to their, ‘}!

headquarters ~ and’ began checking~
records. As it happened, they had an aw- «
ful lot of persons missing from that par-

ticular neighborhood. Continued in-: -

vestigation proved that many of the ab-
sent ones had known Donald Henry Gas-

kins, and several of them had been closely --

associated with him.

The trouble was, nobody wanted to _

talk about the.dark little man from Lake
City. All Stoney or Green had to do was
mention Gaskins’ name and. the most
politely conversational interview subject

closed up like a clam. Expressions of fear~ |

frequently were seen to follow mention
of the wiry sheet-metal worker. Stoney

<8 Be

SUMTER, S.C., NOV. 14, 1975:
® On Monday, April 18, 1977, Newberry
County, South Carolina got set to hear a
case of first degree murder against four
. defendants. Three of them were
strangers to Southern'crime buffs, but the
fourth. was getting to be something of a
legend written in blood. According. to
» Many law enforcement officers, he is
‘possibly the worst mass murderer in the
history of South Carolina, and a record
crowd was on hand that sunny spring
morning to hear the latest case against
him.
The three new. defendants were an un-
likely ‘looking bunch. Suzanne Kipper

Top, forensic staff works at crime
scene. Police’Said suspect led them
to this grave, which was occupied

by Silas Yates, shown in Photo above.

by the tale of one he killed, a man who li
‘screamed all th
Sree y f

“Long Legs” Owens was 29 yeasi
tall, willowy brunette who had fan
been an _ executive ie:
telephone company in LakeQ
Carolina. Her 22-year-old hushuad!
Phillip Owens, Jr., in his neat
modern, carefully-brushed k; wreginal
sort of collegiate look about him iw
year-old John William’ "Teadids
Powell, also neat in a dress
out with a poker-player’s stare bas
tained it straight through the lag
that was to follow, only oxg

drawing his sullen lip down ecigge ma
had a bad taste in his mouth.
The fourth was DonaldHe

He looks like a rather unsuccessful tenant farmer bu
according to police he may be the worst mass murderer,
in South Carolina history. As the work of identifying

_ his victims goes on, authorities are still haunted;
terally ji
e way to his burial site . <a

wi yarn had first
fall of 1975, in th
arleston, or more
pston, a spraw]
w that has grown t
rous mite
fron

. the

ck, was __.
;* Charlestor
yyed by a roof
§ investigation
d_ schoolteache
d absence of :
Rim Ghelkin. The cl
d afew days of the
wel, when her teach:
wence, other men
mally revealed tha’
ming, Soon an «
ly members v
Def L. E. Simmo

fe
?

secretary *

ees

ie |

‘war

a) two office
ang South Caroli
of it are t:

Sd rih eit : ; oe

Figen ee 3 FGL¢

RESIOENCE kg { Q eek Un

RECORD “
\
“ ° ° e his ‘S 1: Pa ‘
f ! ~ ‘ 3 4 » ~ ~
CRIME DATE OTHER a c e °
\ ° =e) “19 #6 : ‘ :
; AGE RACE METHOD '
+
j ¢ 1 A ‘
Ki . | : r aes g bd t t
fi Paria 4 “ SYNOPSIS bd - so ee
é \ :
t & ° . r
Cae
® t ° e
& F ; :

ie EN Hy, ‘TRIAL

APPEALS

SOS N TED ph cathe wes OPT

0 ST WORDS

ot x Re iacacs phe: Sy oe PY CON

EXECUTION

eater Re Cabaty- Baaly doce enn. lea Mallar, iaLr tahtr foctr Cantro~—

Saghd MEWTEN Grr\cil aUhectsoOraN

a ee ee PEE
Out = Jibs, ere ara: Tae bed

RECORD

CRIME see DATE = wp, he. hb oTrner

victim 7

OTIVE

SYNOPS

eo hertiad Lvihs bf 5 js Cerving Lt eras Pe Leta Lung locth
LON OES, GEL LO ES Lheggeing red.
AeLnucag leone AED ER Lyro heapctols sd foes es

cs atheol dys, Mae lush, ay Aplin Lasicng epeg ALAA Sitak teobetol

Les Mas tuhidd Dt Laa/ attALe IEP Poa Lar Be poy VA OG

lasaited afbslacabing rth ra Pee Mer oh A OU Gacy
luis lure-clls tub ind hos Zurn HAG

Vea ital & hig Chia ken hei, tr

LUPO By. Ys) uc be Covwnly polis ; Dheores Tae
ther Yo i Ot DITO leuthealas Kosreng hogted ho,
Gls ahasged lucth abe UL. Ange oY? “Yeas HM GAL

fy! (Meek Kap ho Mem Py, Il Maney Pfalirgs dyag ed

oY Aes A Loe es tei hd CIC LL ll, BP ar a fo aOLLS Le ZV 2 ¥,A LE LE pects
la # g é ed ee < Mchaned One by 6 frtgta
hageetad - So dhisga Oh atainlibr

TRIAL

Lint dl vsy flare Abbie Liag bby | 7 tiaudes

APPEALS

EXECUTION

FRANK NEWTON OFFICE SUPPLY-OU THAN

ie heaes

sé

238 «S.C.

cannot defeat a vested interest previously
given.”

{9] In this case, the life estates devised
in Clauses 1, 2, and 3 of Item 4 of the
codicil subserve a purpose of their own
which they could and would serve if the
void limitation over had not been made.
The effect is just the same as if the testator
had created the life estates and made no
mention of the remainder. Nor ‘do we
think that such life estates were created
solely to support the ulterior provision,

[10] The limitation over being void,
the question arises, what becomes of the
property, or the legal title thereto? It
will be recalled that under this clause of
the codicil, the testator dealt with a planta-
tion containing Two Hundred Seventy One
and 35/100 acres, more or less.

The same question arose in Woodruff
Oil & Fertilizer Co. v. Yarborough’s Estate,
supra, where the limitation over of the cor-
pus was held void as violating the rule
against perpetuities. In that case the will
contained no residuary clause, and the
court held that the title in fee to the lands
theré involved passed by the statute of dis-
tributions as intestate property to the heirs
at law of the testator upon his death, bur-
dened with the prior estate, which was a
trust term of twenty one years.

In Buck v. Tolar, supra, the will under
construction contained a residuary clause.
In construing the will, the entire devise in
qnestion was held void under the rule
against perpetuitics, and it was adjudged
that the property involved passed under the
residuary clause. The same legal result
follows here: the title to the property
vested in fee in the two sons of the testator,
Samuel Glenn Love and Robert C. Love,
upon the death of the testator under the
residuary clause of the codicil, but subject
to the valid prior life estates.

If the will had contained no residuary
clause, we would have the same result.
In such case, Samucl Glenn Love and Rob-
ert C. Love, being the sole heirs at law of
their father, William M. Love, would have
taken title to the property in fee in equal
shares under the statute of distributions, at
the death of the testator, subject to the
prior life estates, as in Woodruff Oil &

38 SOUTH EASTERN REPORTER, 2d SERIES

Fertilizer Co. v. Yarborough’s Estate, sup-
ra.

Judgment reversed.

STUKES, TAYLOR, and OXNER, JJ.,
and E. H. HENDERSON, A. A. J., concur.

STATE v. GATLIN.
No. 15841.

Supreme Court of South Carolina,

May 17, 1946.

1. Criminal law C1134(1)

On appeal from conviction for rape
with mandatory death sentence, the Su-
preme Court searched the record for er-
rors, having in mind its established rule
of in favorem vitae. Code 1942, §§ 1109,
1110.

In rape prosecution wherein defendant
interposed defense of insanity, evidence sus-
tained jury's finding that defendant’s al-
leged insanity was feigned, Code 1942,
§§ 1109, 6239,

Instruction in rape prosecution that in-
sanity is an affirmative defense which must
be made out by defendant by a preponder-
ance of the evidence, but that it is a good
defense if the jury should have a reason-
able doubt whether it has been made out
by the greater weight or preponderance
of the testimony, was not unfavorable to
defendant, Code 1942, § 1109,

An irresistible impulse is not a defense
against a charge of crime in South Caro-
lina,

5. Criminal law C=814(17)

Where fact of rape and identity of de-
fendant were established by direct evidence,
and circumstantial evidence introduced was
merely corroborative, trial court’s failure

STATE v, GATLIN 8.C. 239
Cite as 38 S.E.2d 238

to instruct respecting circumstantial evi-
dence was not error. Code 1942, § 1109.

6. Rape €=54(1)

In a rape prosecution, testimony of
prosecutrix need not be corroborated in
order to establish accused’s guilt.

7. Criminal law €=814(20)

In rape prosecution, trial court prop-
erly refused to instruct relative to lesser
crimes such as assault with intent to ravish,
and assault and battery of a high and ag-
gravated nature, where evidence showed
that if defendant committed any crime at
all, he committed crime of rape. Code
1942, § 1109.

8. Constitutional law C=22I

In rape prosecution of negro, evidence
established that there was no exclusion of
negroes from grand and petit juries in
county in violation of the Fourteenth
Amendment. Code 1942, § 1109; U.S.C.A.
Const. Amend. 14.

—_—o—_

Appeal from General Sessions Court, of
Charleston County; W. H. Grimball, Judge.

, Louis C. Gatlin was convicted of rape,
and he appeals,

Judgment affirmed.

D. R. Stack, of Charleston, for appellant.

Robert McC. Figg, Jr., Sol., of Charles-
ton, for respondent,

STUKES, Justice.

Appellant was convicted of the statutory
(Sec, 1109, Code of 1942) crime of rape
in the Court of General Sessions of Charles-
ton County at the June 1945 term, The
crime was committed in the evening of
the last day of March preceding. The
victim is a young white married woman
whose husband was then a corporal of
infantry in military service overseas and
she was living with her invalid mother in
the suburbs of the city of Charleston, near
the United States military reservation
known as the Port of Embarkation, In
a secluded section of this neighborhood, as
the young woman was making her way in
the darkness from a public bus stop to her
home, after a shopping trip into the city,
the attack occurred, The prosecutrix had

to be hospitalized for some time afterward.
Naturally there was no eyewitness to the at-
tack other than the participants.

The appellant is a young colored man, a
native of Mississippi, who was then in the
Quartermaster Corps of the army, on duty
as an enlisted man in a Service Company
at the Port of Embarkation.

[11 Upon his failure to plead when the
case was called for trial, the Court entered
a plea: of not guilty and saw to it that
counsel appeared and aided in the defense ;
but appellant did not testify. In keeping
with this course of the trial judge, we
have'searched the record for error, having
in mind our established rule of in favorem
vitae. State v. Grant, 199 S.C. 412, 19 S.E.
2d 638, certiorari denied, 316 U.S. 662, 62
S.Ct. 942, 86 L.Ed. 1739.

There is no need to repeat from the
record further sordid details of the heinous
crime. There can be no doubt that it was
committed and by appellant; indeed, no
contest of those facts was made in the
lower court. After mandatory death sen-
tence (Code, Sec. 1110) was imposed this
appeal followed. It is tipon twelve excep-
tions which do not make so many issues.
All have been carefully considered and are
disposed of in this opinion.

[2] Appellant’s defense was insanity
which the state contends was feigned
and the jury so found by their verdict of
guilt. In view of the record it is manifest
that they could not have honestly concluded
otherwise. The clear and undisputed testi-
mony was that his conduct in Charleston
was aormal until his mother visited him
in jail two or three weeks after his appre-
hersion and arrest shortly after the crime;
then it became erratic. The county officers,
anticipating the defense, procured an order
of the court for his admission to the State
Hospital in Columbia where he remained
for over thirty days under observation and
subject to the mental tests of psychiatrists,
and one of the staff of experts testified
unqualifiedly of their conclusion of sanity
and absence of mental disease or abnor-
mality. Sec. 6239, Code of 1942, Only
appellant's mother testified to prior mental
aberration and she admitted that she made
no report of it when he was called and

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38 SOUTH EASTERN REPORTER, 2d SERIES

inducted into military service about a year
before.

The commanding officer of -appellant’s
company, called by the prosecution, testified
that he had before noticed no signs of
mental unbalance and the same was truc
of the chaplain, a colored officer, a witness
for appellant. Two army medical officers
visited him in jail and did not testify.

[3,4] The court’s instructions to the
jury are printed in full in the transcript
before us. They were clear and free from
error, The jury were told that insanity,
which was accurately defined, is an affirma-
tive defense which must be made out by
the defendant by the preponderance of the
evidence but that it would be a good de-
fense if the jury should have a reasonable
doubt whether it had been made out by
the greater weight or preponderance of the
testimony. Thus appellant was given the
benefit of every reasonable doubt of his
guilt under the law. He was certainly not
entitled to a more favorable charge. 5. C.
cases in 10 S.E.Dig., Criminal Law, 46

-et seq., P. 87 et seq. An “irresistible im-

pulse” is not a defense against a charge
of crime in this State. State v. Gilstrap,
205 S.C. 412, 32 S.E.2d 163.

No more details of the nature of the
crime were needed to be given by the Court
in his instructions to the jury than we find
there. The elements of it, comprehending
the minutiae, were contained in the uncon-
tradicted testimony of the prosecutrix. And
there were numerous, unquestioned corrob-
orating circumstances.

[5] But it is contended that the court
erroncously failed to instruct the jury re-
specting circumstantial evidence and the
nature and strength of it required for con-
viction, The argument overlooks the fact
that the crime in this case and the identity
of appellant were established by direct evi-
dence and the circumstances introduced
were merely corroborative. In such a
case it is not requisite that the law of cir-
cumstantial evidence be charged. State
y. Bunyon, 137 S.C. 391, 135 S.E. 301;
State v. Rickenbaker, 187 S.C. 448, 198 S.IE.
43.

[6] Morcover, our statutes do not re-
quire, and we know of no decision of this

court requiring, corroboration of the testi-
mony of the prosecutrix to establish the
guilt of the accused in a rape case. See
to the contrary, State v. Floyd, 174 S.C. 288,
177 S.E. 375. The law generally is collated
in Noonan v. State, 117 Neb. 520, 221 N.W.
434, 60 A.L.R. 1124.

[7] There is further complaint of the
charge to the jury, that it did not contain
instructions relative to the lesser crimes
included within the greater, to wit, as-
sault with intent to ravish, and assault and
battery of a high and aggravated nature.
It is argued that the jury should have been
told that they could convict for one or
the other of these lesser crimes, in default
of which appellant was prejudiced by thus
restricting the jury to rénder a verdict of
guilty or not guilty of the greater otfense,
or finding him insane. In the first place,
the penalty for such an attempt upon con-
viction without recommendation to mercy
by the jury, as here, is the same as for the
accomplished crime (Code, Sec. 1110), so
there was no prejudice even if there had
been an erroneous failure to instruct there-
about. But there was no error in such
omission.” An example of the applicable
principle is found in State vy. Wilson, 162
S.C. 413, 161 S.E. 104, 113, 81 A.LR. 580,
from which the following is quoted: “The
second count in the indictment charged the
appellant with the crime of assault and
battery of a high and aggravated nature.
Ile complains that the presiding judge
erred in not instructing the jury that a
verdict of simple assault and battery could
be returned, since that offense is included
in the greater one of assault and battery of
a high and aggravated nature. While
agreeing that a charge of assault and
battery of a high and aggravated nature
may include a simple assault and battery,
we cannot agree with the position of the
appellant. Proof in the case, according to
the evidence of the state, showed more than
a simple assault and battery; it really
showed assault with intent to ravish, if
any crime at all had been committed by
the appellant. If there was error in the
respect complained of, it was in the liberal-
ity of the court in instructing as to assault
and battery of a high and aggravated na-
ture. There was really but one issue in the

STATE v. GATLIN

S.C. PAL

Cite us 38 S.E.2d 238

case, the guilt or innocence of the appellant —
of the crime of assault with intent to
ravish,.”

Other apt illustrations of the rule are:
State v. DuRant, 87 S.C. 532, 70 S.E. 306;
State v. Jones, 133 S.C. 167, 130 S.E. 747;
State v. Bush, 156 S.C. 526, 153 S.E. 490;
State v. Hutto, 159 S.C. 185, 156 S.E. 35
and State v. Johnson, 187 S.C, 439, 198 S.
E. 1. A precise precedent is the Georgia
decision of Lewis v. State, 156 Ga. 862,
120 S.E, 124. A very complete discussion of
the point and review of the authorities
occur in the elaborate opinion in the un-
usually interesting case of Sparf and Han-
sen v, United States, 156 U.S. 51, 15 S.Ct.
273, 39 L.Ed. 343, in which the trial court
expressly refused to instruct upon a lesser
offense because the evidence did not war-
rant conviction therefor instead of the
greater. (

[8] We deal finally with what appears
to be appellant’s major contention, for
his first four exceptions relate to it. It is,
in short, that appellant was prejudiced by
his indictment and trial by grand and petit
juries, respectively, on which there were
no members of his race, whereby he was
deprived of federal constitutional rights.
The trial court refused a motion to quash
the indictment upon this alleged ground.

This serious question was recently consid-
ered at length by this court in State v. Mid-
diecton, S.C., 36 S.E.2d 742. It happens that
the colored appellant in the cited case was
also convicted in 1945 in the Court of Gen-
tral Sessions of Charleston County and by
a petit jury which was drawn from the
same jury box as was the jury which tricd
the present appellant. It was agreed by
the Solicitor and counsel for the defense
that the testimony of the jury commis-
sioners in the Middleton case should be
considered by the court in this; and the
same question is made here which was
made by Middleton, The opinion and
judgment in that case are referred to and
adopted, concerning this question, as part
df this judgment. The full statement of.
reasons and conclusions there need not be
set out again in this decision.

38 S.E.2d—16

However, this appellant’s case is weak-
er, if anything, on the facts. The grand
jury which indicted Middleton was im-
paneled in 1944, whereas the present ap-
pellant was indicted in 1945 by the grand
jury which was composed of six “hold-
overs” from 1944 and twelve new members
who were drawn by chance from the box
originally containing 3400 names of quali-
fied, potential jurors. The evidence is un-
disputed that among them was a fair pro-
portion of electors of the colored race. See
again the report of Middleton’s case, supra,
and page 12 of the transcript in this case.

There is no evidence in the appeal record
now before us relating to the personnel
of the grand jury which indicted appellant.
True, his counsel said in his unverified
motion to quash the indictment that he
was informed and believed that no negroes
were on the grand jury, but this was pat-
ently not a competent factual showing.
And the statement of the Clerk of Court,
a jury commissioner, was admitted to the
effect that in the petit jury panel drawn
for service during the week of appellant's
trial there was a colored juror who, how-
ever, did not appear for service in response
to summons.

[9] Consideration of this record and
that of Middleton’s appeal, supra, is con-
vincing that there has been no exclusion of
negroes from the jurics of Charleston
County in violation of the Fourteenth
Amendment of the Federal Constitution.
See Akins v. Texas, 325 U.S. 398, 65 S.Ct.
1276, 89 L.Ed. 1692, which appears to be
the last controlling decision upon the sub-
ject.

Consideration of the entire record in the
light of the helpful briefs has led very
plainly to the conclusion that there was no
error in the trial, which was fair and free
from prejudice and any sort of discrimina-
tion.

Accordingly it is necessary to overrule
all of the exceptions. ‘

Judgment affirmed.

BAKER, C. J., and FISHBURNE,
TAYLOR and OXNER, JJ., concur.

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Post

Thursday
7 =5*-G/

South Carolina’s Largest Afternoon Newspaper

FINAL

Charleston, S.C. 3x¥

Gaskins Tries Suicide

| Gaskins

Staff and wire reports

COLUMBIA — Condemned killer Donald “Pee

|| Wee” Gaskins tried to commit suicide by slashing

his arms with either a fingernail or a tooth during

the night, about 24 hours before his slated execu-.
, tion, prison officials said today.

Gaskins received 20 stitches this morning for
cuts to his wrists and elbows, said Corrections
Department spokeswoman Robyn Zimmerman.

Prison officials found no sharp instruments in

®Editorial on execution ... 6-A

his cell, leading them to believe he cut himself
between 3 and 6:30 a.m., Ms. Zimmerman said.
Officials found him when they mponent him
breakfast.

“He did it under the sheets, and never moved
and never made a sound,” she said. “We don’t
know what he used. He could have used a finger-

hail. We’re investigating it.”

When prison officials found Gaskins, he was

weak and was taken to the prison infirmary.

“But it does not appear that he lost enough
blood to alter his blood count,” she said. “He is
stable. He is back-in the cell,”

Ms. Zimmerman had said Wednesday that,
while she wouldn’t call Gaskins’ mood good, she
didn’t believe he was despondent or depressed.
She said she thought he was still hopeful for a stay
of execution. .

While already \ under 24-hour watch, security on
Gaskins has been doubled, she said today.

Six guards were stationed at the facility to —

- Please see GASKINS, Page 4-A

Lal

4-A—The Evening Post, Charleston, S.C., Thursday, September 5, 1991

GASKINS |

from Page 1-A

watch Gaskins when he attempted
suicide, Ms. Zimmerman said.

Two guards are posted in front of
his cell bars, and four other guards
are stationed nearby, she said.

“They are sitting right outside and
could see in,” she said. “He was cun-
ning enough to do it under the sheets
and was careful enough not to make
a noise,” she said. “We knew that
Mr. Gaskins was an unpredictable
_ man.” ae

A nurse also has been stationed
there in case Gaskins faints or ap-
pears to get ill, Ms: Zimmerman
said.
Gaskins has not talked to prison
. Officials about the incident.

“We don’t know if he was trying to
kill himself or delay the execution,”
she said.

The execution will go on as
scheduled, and Gaskins can now re-
ceive visits only from his attorney,
Ms. Zimmerman said.

. Gaskins was under heavy guard in
the death house, just a few steps
away from the electric chair.

- Meanwhile, the S.C. Supreme .

Court, in a terse order issued
Wednesday, denied Gaskins’ motion
for a stay of execution.

His lawyers immediately took
their plea to federal court Wednes-
day, asking a U.S. District judge to
grant a stay of execution.

The state attorney general’s of-
fice filed papers in federal court late

Wednesday opposing Gaskins’ latest
appeal. Prosecutors argued that the
court should not leave the state at
the mercy of lawyers who file huge,
last-minute appeals.

. Gaskins was sentenced to death in
1983 after being found guilty of the
murder -of Death Row inmate Ru-
dolph Tyner. Gaskins previously had
confessed to 13 murders between
1970 and 1975, and was serving sev-
eral life sentences at the time of the
explosion that killed Tyner in prison.

The arguments in state and fed-

eral courts were the same — that

Tyner’s confession about the crimes

that put Tyner on Death Row should
have been introduced at Gaskins’

_ trial. Lawyers also contended that
- Gaskins’ confession to 13 murders in
1978 was obtained by trickery and |

should have been suppressed in the
Tyner trial.

State Attorney General Travis
Medlock said the defense was ad-
dressing old issues in new language.

If the U.S. District Court denies a
stay of execution, Gaskins’ attor-
neys then could appeal to the 4th
Circuit Court of Appeals and the U.S.
Supreme Court.

U.S. Supreme Court Justice Wil-.

liam Rehnquist granted a 14-hour
stay of execution to Rusty Woomer,
the last person to die in the state’s
electric chair.

Or Gaskins could ask Gov. Carroll
A. Campbell Jr. to commute his sen-
tence to life in prison.

Warren Thompkins, Campbell’s °

chief of staff, said the governor had
not received a request for clemency

from Gaskins’ attorneys. A cle-
mency request would have to in-
clude “compelling reasons” to sway
the governor, who is a supporter of

the death penalty, Thompkins said. _
The state Supreme Court and the’ -

U.S. Supreme Court have rejected
all his previous appeals. - . os
The state Supreme Court’s order
Wednesday simply states, “Petition
for Writ of Habeas Corpus and Mo-
tion for Stay are denied.” All five
members of the court signed the or-
der. :
Gaskins has requested pizza with

everything on it for his last meal,

said Department of Corrections
spokeswoman Robyn Zimmerman.
Gaskins has rejected requests for

‘interviews by members of the news

media and indicated he won’t make
a final statement, Ms. Zimmerman
said. . we range
Gaskins’ daughter, grand-
daughter, sister and ex-wife had vis-
ited. His son, Donald L. Gaskins, has
been held in the Florence County De-
tention Center since Aug. 18. He was
accused of plotting with his father to
kidnap the daughter of 5th Circuit
Solicitor Richard Harpootlian in an
attempt to delay the execution, but
only charged with burglary and sim-
ple possession of marijuana.
Harpootlian had prosecuted Gas-
kins in the trial of Tyner’s murder.
Several times over the years,
Gaskins had pushed a plan to have
inmates moved to a deserted island
in the Pacific Ocean. There, he said,
they could live without supervision
and save taxpayers millions of dol-
lars.

- Killer who confessed to 14 sla

Cheswen gee

COLUMBIA, S.C. (AP) — A man convicted of blowing
up a fellow inmate with a homemade bomb was executed

in the electric chair today. He had also confessed to

killing 13 other people.

Donald “Pee Wee” Gaskins was pronounced dead at
1:10 a.m., said Doug Catoe, deputy commissioner for Op-
erations of the Department of Corrections.

Gaskins said before he died, “I will let my attorneys
make all statements for me.”-

onGaskins, 58, was sentenced to death for killing Rudolph
Tyner in 1982. Tyner was killed with a homemade bomb
disguised as a-radio.

Gaskins, a white, said he agreed to kill Tyner because
Tyner was black. He said his desire to keep the races

Netiene ook ia gtingn s

separate was behind some of the killings. - petite
Several hundred death-penalty supporters gathered on
the front lawn of the prison late yesterday. Several car-
ried signs reading “Die, Pee Wee, Die,” and “Go to hell.”
Hours before his scheduled execution, Gaskins had
slashed his arms with a razor blade, prison officials said.

Corrections Department spokeswoman Robyn.

Zimmerman said officials didn’t know whether Gaskins
was trying to kill himself or delay the execution. Gaskins
received 20 stitches for wounds on his wrists and elbows.

Gaskins told corrections officers he swallowed the
razor blade before being moved to the death house last
Friday. He said he coughed up the blade early yesterday,
cut himself and then swallowed the blade again. .

sitter.

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Friday, September 6, 1991

SAN DIEGO TRIBUNE A-23.

noon and gave it to one of the two officers in his cell.
Guards discovered Gaskins bleeding beneath his bed cov-
ers when they brought his breakfast. :

Security was increased, although Gaskins already was
under 24-hour. watch, Zimmerman said. At the time Gas-
kins cut himself, there were six guards assigned to watch
him, she said. - .. * - oe eee

yings executed in S. Carolina.

Gaskins coughed up the blade again yesterday after- -

The U.S. Supreme Court denied Gaskins’ appeals last
night, 92:

Dick Harpootlian, who as deputy solicitor prosecuted
Gaskins, said he saw Gaskins being executed for Tyner’s
murder as getting “two for the price of one.”

- Just three weeks ago, Gaskins was suspected of plot-

ting to kidnap Harpootlian’s 3-year-old daughter in order
_ to avoid or delay his execution. , .

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Assoclated Press

COLUMBIA, S.C.
Henry Gaskins, who has admit-
ted killing 13 people between
1970.and 1975, faces death in the
electric chair Friday for blowing
up a fellow prisoner.

Gaskins, nicknamed “Pee Wee”
and called a “redneck Charlie
Manson,” and “a master of trick-
ery” by prosecutors and victims’

families; was serving 10 life sen-'

tences when he was convicted of
the 1982 slaying of death row in-
mate: Rudolph Tyner at Central
Correctional Institution.
Gaskins stabbed, shot or
drowned his free-world victims,
burying them in backwoods
graves. near the rural community

YArFw bt. wae

— Donald .

of Prospect in the heart of the
state’s tobacco belt.

A jury sentenced him to die for
one of those killings, but the sen-
tence was tossed out when the
state’s death penalty was ruled
unconstitutional. +

Gaskins made a bomb that
looked like a homemade radio. It
‘blew up when Tyner put it to his
ear on Sept. 12, 1982, earning
Gaskins another death sentence.

Reform isn’t an option for Gas-
kins, said Dick Harpootlian, who
as deputy solicitor prosecuted the
case. .-&

“The only time we can relax
our ‘vigilance on Pee Wee is when
he is in hell,” he said. “He’s not
afraid of prison. But he’s really

Ve AR:

scared of that electric chair.”
In a recent interview, Gaskins
called electrocution “one of the

most malicious, most cold bloo-

dest, premeditatest murders that
there i is. It can’t be no worse than
if I was to sit down and plan to
kill somebody.”

Defense attorney. Jack Swerl-
ing said it’s ironic Gaskins faces
death for killing another man
sentenced to die.

Authorities still don’t know
how Gaskins smuggled plastic ex-
plosives into prison to make the
bomb. But Gaskins was a prison
maintenance man and had access
to tools.

He committed the murder for
Tony Cimo, whose mother and

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LAS Vegas, Nevako_

a Monday, September 2, 1991/Las Vegas Révicw-Journal/Sun/7A

stepfather had been killed by
Tyner during a convenience store
robbery

A 1986 CBS television movie,
“Vengeance: The Story of Tony
Cimo,” detailed Cimo’s growing
frustration: over Tyner’s lengthy
appeals. <*-:

Gaskins ‘recorded phone con-
versations. with Cimo; planning
to use the tapes to extort money.
When he: learned he was a sus-

sire to keep the races separate
was behind some of the killings.

He drowned a white woman
who was pregnant with a baby
fathered by a black. He also
drowned the woman’s 2-year-old
daughter, whose father also was
black.

Gaskins; who says he’s any-
where from 56 to 62, first got in
trouble as a teen-ager. He was

Killer described as ‘redneck Charlie Manson’ awaits execution

sent to reform school for hitting a
girl in the head with a hatchet.

A psychological evaluation
done in 1981 said Gaskins pro-
jected a macho image to make up
for feelings of inadequacy. The
psychologist said Gaskins is emo-
tionally shallow. and preoccupied

with hostile and aggressive
needs.

pect, he recorded reruns of “Ho-
gan’s Heroes” over the tapes.

But investigators were able to
extract the conversations to. use
as evidence.

Gaskins, who is white, said he
agreed to kill Tyner. ‘because
Tyner was black. He said his de-

[—

Ir ae RPATUMR A228 meee —- ~~ 8

5 peremptorily.

Py aa« 4

GASKINS v. McKELLAR

949

Cite as 916 F.2d 941 (4th Cir. 1990)

“Any claim that the jury was not impar-
tial ... must focus ... on the jurors who
actually sat” and cannot be established
simply by showing the loss of a peremptory
challenge. Jd. at 86, 108 S.Ct. at 2277.
Accordingly, we examine Gaskins’ claim in
light of the jurors who actually sat.

Of the jurors who actually sat, Gaskins
only challenges the impartiality of juror
Doster, whom Gaskins unsuccessfully chal-
lenged for cause but did not then challenge
Doster admitted on voir
dire that his “honest opinion is that [Gas-
kins] was found guilty, convicted of those
earlier murders, [and] he should have been
executed at that time.” J.A. 110. More-
over, upon questioning by the trial court,
Doster stated that, if Gaskins were found

er guilty of Tyner’s murder, and that if it

n- were shown that Gaskins had murdered

to before, Doster would be predisposed to im-
pose a death penalty. Though he concedes
that Doster was capable of impartially de-
termining guilt or innocence, Gaskins con-
tends that Doster should have been ex-

cused for cause because Doster’s ability to

consider a life sentence would be substan-
tially impaired by his belief that Gaskins
should have received the death penalty for
the previous murders.

While it may be true that Doster was
‘predisposed in favor of the death penalty,
we find no constitutional error in the trial
court’s refusal to exclude him. First, it is
| important to note that Gaskins elected not

4 use an available peremptory challenge to
ove Doster. Though not dispositive,
is is some indication that, at the time, the
ial judge and Gaskins, both of whom had
bportunity to observe Doster’s demeanor,
elt that Doster would act impartially. The
Ontrolling principle here is that “the most
fat.can be demanded of a venireman ... is
| lat he be willing to consider all of the
en alties provided by state law, and that he
Ot be irrevocably committed.” Wither-
10 bn v. Illinois, 391 U.S. 510, 522 n. 21,
a Ct. 1770, 1777 n. 21, 20 L.Ed.2d 776
: BS) (emphasis in original). Our examina-
eee y of Doster’s voir dire testimony con-
ices us that the district judge did not err
oneluding that he was not irrevocably
itted. At numerous times during

questioning, Doster stated that he could
give a life sentence, even in the presence of
aggravating circumstances. Doster stated
that, though he could not with certainty
say that the prior conviction would not
affect his thoughts on sentencing, when it
came time actually to impose the death
sentence, he did not know how he would
vote. Under the circumstances, we cannot
say that Doster’s views would “prevent or
substantially impair the performance of his
duties as a juror in accordance with his
instructions and his oath.” Adams v. Tex-
as, 448 U.S. 38, 45, 100 S.Ct. 2521, 2526, 65
L.Ed.2d 581 (1980).

Accordingly, we agree with the district
court that the trial court’s refusal to dis-
miss Doster for cause did not violate Gas-
kins’ sixth amendment right to an impartial

jury.

During the course of the trial, the trial
court made three evidentiary rulings which,
Gaskins’ argues, rendered his trial funda-
mentally unfair. The first involved Gas-
kins’ cross-examination of James Brown;
the second involved Gaskins’ direct exami-
nation of John Caison; the third involved
allowing a material witness to assert the
fifth amendment.

During cross-examination of Brown, Gas-
kins sought to discredit Brown with ques-
tions concerning Brown’s attempts to
blame on others the two prior murders of
which he had been convicted. This evi-
dence, argues Gaskins, constituted not only
an attack on Brown’s credibility, but would
also have buttressed Gaskins’ theory that
Brown, not Gaskins, had conceived and exe-
cuted Tyner’s murder. The trial court ex-
cluded this evidence based upon the gener-
al South Carolina rule that only the fact of
a conviction of a crime of moral turpitude
is admissible. On appeal, the South Car-
olina Supreme Court held that, to the ex-
tent the trial court’s ruling was erroneous,
such error was harmless. See Gaskins,
326 S.E.2d at 139-40. We agree.

[7,8] Absent “circumstances impugn-
ing fundamental fairness or infringing spe-

948 916 FEDERAL REPORTER, 2d SERIES

CAISON: He didn’t want me to go on
there to know about nothing. He want-
ed me to stay away from death row.
THE COURT: All right. What did he
have against Rudolph Tyner? Why did
he want to kill him?

CAISON: For the money.

THE COURT: [Where did the money
come from?]

CAISON: I don’t know. He didn’t say.
THE COURT: And you didn’t ask?
CAISON: He wouldn’t have told me any-
how.

* * * J * *

THE COURT: Why didn’t you ask him
who paid him money?

* * * * * +

CAISON: Well, when somebody don’t
want to answer your question, you best
leave them alone.

J.A. 343-47.

Gaskins argues that the trial judge’s en-
gagement with Brown and Caison reflected
to the jury that Brown’s theory, and not
Caison’s theory, was credible. This, ar-
gues Gaskins, rendered the trial fundamen-
tally unfair, especially when coupled with
the following accessory-before-the-fact jury
instruction:

[YJou must be convinced as I told you

that the Defendant here aided, coun-

seled, or otherwise procured James

Brown to commit the murder of Rudolph

Tyner and that the Defendant was not

present either actually or constructively.
J.A. 446. The instruction, argues Gaskins,
simply incorporated the state’s theory of
the offense into the charge.

Although these various instances of in-
volvement by the trial judge might, in iso-
lation, have damaged Gaskins’ ability to
discredit Brown’s testimony, taken in the
context of the entire trial, the trial judge’s
involvement did not render the trial funda-
mentally unfair. The record evidence of
Gaskins’ involvement in the plot to kill Tyn-
er, even without Brown’s testimony, was
overwhelming. We therefore hold that any

error in the trial court’s involvement was
harmless beyond a reasonable doubt. See
Anderson, 696 F.2d at 299. Moreover, we
fail to understand how the disputed jury
instruction was in any way erroneous and
we are directed to no case law to that
effect. On the evidence of record, this was
a proper instruction concerning what the
jury had to find before it could convict
Gaskins of murder or accessory before the
fact to murder.

[5] Finally, respecting the trial judge’s
alleged statement to the newspaper, al-
though we seriously question the propriety
of such a statement if actually made, there
is no evidence that the newspaper was read
by any members of the sequestered jury or
that by making the statement the trial
judge allowed arbitrary factors to enter
into the jury’s deliberation. The judge him-
self did not of course decide the sentence to
be imposed.

We therefore’ affirm the district court’s
rejection of the claim of a denial of due
process by virtue of the trial judge’s lack
of impartiality.

[6] We next consider related claims re-
specting the jury selection process.

Of ten peremptory challenges available
to Gaskins, three were exercised to exclude
jurors Rhyne, Richardson, and Cecil. Gas-
kins argues that, for various reasons, the
trial court erroneously refused to excuse
these jurors for cause. Of the jurors who
did sit, Gaskins argues that the trial] court
erroneously refused to excuse juror Doster
for cause.

Gaskins rightly makes no claim that re-
quiring him to use peremptory challenges
to exclude jurors Rhyne, Richardson, and
Cecil violated his fourteenth amendment
right to due process by arbitrarily depriv-
ing him of the full complement of peremp-
tory challenges allowed by South Carolina
law. See Ross v. Oklahoma, 487 U.S. 81,
108 S.Ct. 2278, 101 L.Ed.2d 80 (1988). The
crux of Gaskins’ claim in this regard is that
he was denied his sixth amendment right to
an impartial jury.

» committed.

“Any claim that the jur
tial ... must focus ... «
actually sat” and cannc
simply by showing the los
challenge. Jd. at 86, 1°
Accordingly, we examine
light of the jurors who :

Of the jurors who actu
only challenges the imp:
Doster, whom Gaskins un:
lenged for cause but did n
peremptorily. Doster a
dire that his “honest opi:
kins] was found guilty, c

earlier murders, [and] he :

executed at that time.”
over, upon questioning b:
Doster stated that, if Gas
guilty of Tyner’s murde
were shown that Gaskir
before, Doster would be ;
pose a death penalty. Th:
that Doster was capable «
termining guilt or innoce:
tends that Doster shoul
cused for cause because I
consider a life sentence v
tially impaired by his be
should have received the «
the previous murders.

While it may be true
predisposed in favor of t
we find no constitutional
court’s refusal to exclude
important to note that Ge
to use an available perem;
remove Doster. Though
this is some indication tha‘

trial judge and Gaskins, b:

opportunity to observe D«
felt that Doster would act
controlling principle here

that can be demanded of a
that he be willing to co:
penalties provided by stat«

» not be irrevocably comn

spoon v. Illinois, 391 U.S

88 S.Ct. 1770, 1777 n. 21
» . (1968) (emphasis in origina
*® tion of Doster’s voir dir
' vinces us that the district

in concluding that he wa:
At numerot

950 916 FEDERAL REPORTER, 2d SERIES

cific constitutional protections,” admissibili-
ty of evidence does not present a federal
question. Grundler v. North Carolina,
283 F.2d 798, 802 (4th Cir.1960). Neverthe-
less, the defendant has a fundamental right
to effective cross-examination on matters
bearing on the witness’ credibility. See
Davis v. Alaska, 415 U.S. 308, 94 S.Ct.
1105, 39 L.Ed.2d 3847 (1974). We agree
with the district court that the trial judge’s
discretionary refusal to allow this particu-
lar line of cross-examination did not deny
any federal constitutional right, if indeed it
constituted an abuse of discretion under
state law.

Although Gaskins was not permitted to
elicit from Brown the circumstances sur-
rounding his other convictions, Gaskins
availed himself of ample opportunities to
discredit Brown’s testimony. For example,
during cross-examination, Brown revealed
that, contrary to his trial testimony, he had
initially told investigators that he and Gas-
kins had run together to Tyner’s cell after
the explosion. J.A. at 225. On further
cross-examination, Brown admitted that he
had revealed nothing to investigators about
the speaker-cup bomb, and that when he
finally did give his present version of the
Tyner murder to the prosecutor, he did. so
from fear of being charged himself. J.A.
at 232. In light of ample opportunities to
impeach Brown’s credibility, and in light of
the overwhelming evidence of Gaskins’
guilt, any abuse of the trial court’s discre-
tion on this score was harmless beyond a
reasonable doubt.

[9] Similarly, any improper restriction
on Gaskins’ direct examination of John Cai-
son was harmless beyond a reasonable
doubt. On direct examination, James
Brown stated that he had never admitted to
Caison having attempted to poison Tyner.
On direct examination of Caison, Gaskins
attempted to elicit testimony to the effect
that Brown had admitted attempting to poi-
son Tyner and that, on the day of the
explosion, Brown had told Caison to stay
away from death row. The trial court ex-
cluded these statements as inadmissible
hearsay. J.A. at 298-301. Even so, during
cross-examination, Caison testified that

“James Brown told me that they were plot-
ting to get [Tyner],” and that Brown told
Caison “not to be on death row on Sun-
day.” J.A. at 336-37. The information
allegedly excluded was therefore ultimate-
ly adduced during cross-examination, ren-
dering any error by the trial court in ex-
cluding it harmless beyond reasonable
doubt. See Grundler, 283 F.2d at 802.

Gaskins’ final challenge to the state trial
court’s evidentiary rulings involves the
court’s refusal, after being informed that
witness William Cole would assert his fifth
amendment privilege against self-incrimina-
tion if forced to testify, to require Cole to
take the stand and assert the privilege in
open court. Out of the jury’s hearing, the
trial court determined that the crux of
Cole’s testimony would be that, after the
explosion, Gaskins went, not to his cell as
Brown had testified, but down to the site of
the explosion. See Gaskins, 326 S.E.2d at

140.

{10,11] A criminal defendant’s right to
compel testimony is fundamental to sixth
and fourteenth amendment due process
rights. See United States v. Goodwin, 625
F.2d 693, 703-04 (5th Cir.1980). When a
witness indicates that he will assert the
fifth amendment privilege, the trial judge
must make a proper and particularized in-
quiry into the legitimacy and scope of the
witness’ assertion of the privilege. See id.
at 701. A witness may be totally excused
only if the court finds that he could legit-
imately refuse to answer any and all rele-
vant questions. See id.

[12] On this point we agree with the
South Carolina Supreme Court that the tri-
al court’s refusal to require Cole to assert
his fifth amendment privilege before the
jury was in any event harmless error.
First off, as the South Carolina Supreme
Court concluded, Cole’s testimony would
have been merely cumulative. See Gas-
kins, 326 S.E.2d at 140. Moreover, the fact
that Gaskins did not elect to offer Cole’s
expected testimony in the state post-convic-
tion proceeding strongly suggests his own
estimate of its slight probative value. Any
error in refusing to require Cole to take the

stand was harmless bey:
doubt.

Gaskins’ next claim
prosecutorial misconduct.

During the state’s clos:
the guilt phase of Gaskins
tor stated that he wished t:
“about what is not in disp:
J.A. at 367. The solicitor t
list fourteen so-called “ur
of evidence, eight of wh
gues, only Gaskins couk
Additionally, during the :
of Gaskins’ trial, the prose
“Mr. Gaskins has shown
emotion. He has show:
J.A. at 577. Gaskins did n
statements at trial, but
direct appeal and collate
these statements constitu‘
Doyle v. Ohio, 426 U.S. 61
49 L.Ed.2d 91 (1976) (impr<
defendant’s failure to test

{13,14] In assessing ar
violation, the question is \
puted statement so infect:
sentencing with unfairnes
mate conviction and senter
denial of due process.
Wainwright, 477 U.S. 168
91 L.Ed.2d 144 (1986). T!
puted” pieces of evidence <
Gaskins’ conversations wi'
(the intermediary through \
tacted Gaskins in prison);
the voices on the Martin-Gze
the dates when the convers:
(4) the exhibit showing v
| - Gaskins conversed; (5) Gas
_ ‘Statement given to an inve:
’ inculpatory letters written
Brown; (7) a letter written
Lee exculpating Lee; and (8
equipment, a soldering iror
radios were found in Gask

As the magistrate’s r:
adopted by the district «
hotes, Gaskins presumab!
Sought the testimony of v
Writing analysts to contra:

GASKINS y. McKELLAR 951
Cite as 916 F.2d 941 (4th Cir. 1990)

o- . ote Stand was harmless beyond a reasonable and any number of inmates Could have
Brown told doubt. testified to the items Gaskins kept in his
| w on Sun- cell before Tyner’s murder We agree with
‘nf Ghiiation VI the district court that, under these circum-
-e ultimate- Gaskins’ next claim involves alleged stances, the Prosecutor’s “laundry list” ar-
re ren- Prosecutorial misconduct. fument did not constitute a Doyle viola-
ourt.in ex- During the State’s closing argument at tion.
reasonable ; the guilt phase of Gaskins’ trial, the solici- [15] Likewise, the state’s argument
2d at 802. tor stated that he wished to talk to the jury uring sentencing to the effect that Gas-
- state trial “about what is not in dispute in this case. Ins has shown no remorse must be viewed
‘olves the J.A. at 367. The solieitor then Proceeded to in context. The solicitor stated that:
rmed that | oy oe ahs oe Org Cen Mr. Gaskins has announced to the Court
t his fifth a bald, ay Co, . i ik ai _ * that he is going to make a Speech to you
-incrimina- rend - 4 re oe a 4 ia Kiron : a8 well. I want Mr. Gaskins when he
re Cole to ! ° mesh y teak tae . rms Thee ; that comes up to tel] you what in his charac-
rivilege in car ve om Kes na pan wi a No r caused him to murder each of these
aring, the * vaskins ha ibe oe ae people, what Caused him to murder Den-
. f emotion. He has Shown you nothing, ; > ‘
crux 0 ne : mis Bellamy? What caused him to shoot
J.A. at 577. Gaskins did not object to these ; ‘ :
after the | : this 15 year old, Johnny Knight, in the
. Statements at trial, but argued on both
us cell as . 1 ; . back of the head?
he site of direct appeal and co] atera review that . . a . r .
3 E.2d at these Statements constituted Violations of.

Doyle 2. Ohio, 426 US. 610, 96 Scr 2240, Mr. Gaskins has sho
49 L.Ed.2d 9] (1976) (improper comment on emotion. - He has

s right to defendant’s failure to testify), tyr eo 4 e i
to aixth f13, 14] In assessing an alleged Doyle Mr. [Gaskins) is going to speak to you at
p 58 Violation, the question is whether the dis- this time and I ask you to listen to
Whee vad | puted statement so infected the tria] and [hi 7 li
When a _ . : : m] as you istened to me. |
sentencing with unfairness that the ulti on
ssert the mate conviction and sentence constituted g J-A. 576-77. Under no reasonable view ¢an
al judge denial of dye Process. See Darden y, the solicitor’s Statement be construed to
rized in- | Wainwright, 477 US. 168, 106 S.Ct. 2464, Constitute an eet e comment on Gas.
e of the 91 L.Ed.2d 144 (1986). ‘The eight “undis- kins’ refusal to testify at the guilt phase of
See id. puted” pieces of evidence are: (1) tapes of _ his trial.
excused Gaskins’ conversations with Jack Martin
ld legit- (the intermediary through whom Cimo con- VI
all rele- tacted Gasking in Prison); (2) identities of Gaskins asserts the following two errors
€ voices on the Martin-Gaskings tapes; (3) in the tria] Court's guilt-phase jury instruc.
. — the dates when the conversations occurred; tions: (1) the trial] court’s charge regarding
vith te & (4) the exhibit showing when ‘Cimo and presumed malice constituted an impermissi-
whe “ter: a kings conversed; (5) Gaskins’ voice ona ble burden-shifting instruction; and (2) the
yaeeern ‘statement given to an investigator; (6) two — trial court’s reasonable doubt instruction
ore the inculpatory letters written from Gaskins to impermissibly lessened the State’s burden
“oe Town; (7) a letter written from Gaskins to of proof.
of ould @ Le * exculpating Lee; and (8) that electronic As part of the jury charge, the trial] court
e Gas- @ duipment, a soldering On, Speakers, and instructed the jury that “while Malice is
he fact | "0S Were found in Gaskins cell. Presumed from the use of a deadly weapon
Cale’s |} “As the magistrate’s recommendation, or from a dangerous instrument -.. Where
convic | “opted by the district court, correctly circumstances relating and Surrounding the
is own tes, Gaskins presumably could have incident are brought out, then the presump-
_ Any | P°ught the testimony of voice and hand- tion vanishes and malice again must be

ke the aN ntradict items 1-7, proven to you beyond a reasonable doubt.”

GROUNDFELLOW, Andrew and TWEED, W,liiam, executed Charleston, SC, on 3-17-1779.

The following is undoubtedly related to the case: "Charleston, Feb. 25, 1779 On Satur-
day morning last, about 3 o'clock, a fire broke out in an empty dwelling house on
Trobt's Point, belong to William Tweed, which, notwithstanding all the assistance

that could be given to prevent its progress, ina short time consumed that and 7 other
dwelling houses with all their out buildings, It is beyond a doubt from many con-
curring circumstances, that from this, as well as the other fires which have lately
happened, and likewise from several other attempts that have since been made, that
there are secret enemies lurking amongst us, who will, it is much to be feared,

reduce the remainder of Charleston to ashes, if the care and vigilance of inhabitants
do not timefully prevent it." SOUTH CAROLINA & AMERICAN GENERAL GAZ&TTE, C,arleston,

SC, Feb. 25, 1779 (2:1.)

4
THE SAN DIEGO UNION

aa f |

Saturday, September 7; 1991

White dies for

Execution is first
of its kind in the
nation since 1944

NEW YORK TIMES NEWS SERVICE

COLUMBIA, S.C. — Nearly half
a century and at least 1,000 execu-
tions since it last happened in the
United States, a white person was
executed yesterday for killing a
black.

Donald “Peewee” Gaskins was
put to death in Columbia, Nk wet
early yesterday for the 1982 kill-
ing-for-hire of Rudolph Tyner, a
fellow inmate and a black man who
had himself been convicted of mur-
der. The son of Tyner’s victims
hired Gaskins to kil] Tyner, which
he did by giving him a bomb dis-
guised as a radio.

Not since 1944, when a Kansas
man was executed for killing a
black in an attempted robbery, has
a white person in the United States
received the death penalty for kill-

ing a black. No white has been exe-
cuted in South Carolina for such a

" killing since 1880. The total num-

ber of executions in the state since
that time is unclear, but 245 people
have been sent to the state’s elec-
tric chair since 1912. °

Opponents of capital punishment
repeatedly have charged that such
disparities reflect persistent, sys-
temic racism in the application of
the death penalty. The death of
Gaskin in an electric chair seemed
to some opponents to underscore
just how rare it is in this country
for a white to be executed for kill-
ing a black.

Gaskins already had been con-
victed of nine other murders, all of
them of whites. For one murder he
had previously been sentenced to
death, a conviction that was subse-
quently commuted to life imprison-

‘ment; for the others, he was serv-

ing consecutive life sentences. Gas-
kins had been linked to several
other killings as well.

“That’s apparently the sort of
criminal record a white man needs
to be executed for the murder of a
black,” said David Bruck, chief law-
yer of the S.C. Office of Appellate
Defense, who represents many
death row inmates.

Although Gaskins was an avowed
racist who said he killed Tyner in
part because he was black, death
penalty-experts inside and outside
South Carolina . contended race
Played little part in Gaskins’ sen-
tencing by a jury. The victim was
another inmate; any failure to im-
pose the death penalty for killing
another inmate would deprive the
state of its only meaningful deter-
rent to prison killings.

“As a matter of state correction-
al policy they had to give death in
this case,” said Richard Burr of the
NAACP Legal Defense and Educa-

murder of black -

tional Fund Inc. in New York. “If

you're going to let the families of

murder victims murder their murd-
erers, you’ve. got a serious prob-
lem. The racial combinations mean
very little in light of the kind of
homicide it was.”

According to a 1989 study by a
sociologist at the University of
Florida, of 15,978 executions in the
United States or the American col-
onies since 1608, only 30 — that
is, one in every 533 — were of
whites who killed blacks. Several of
the instances involved the murder
of slaves and were, therefore,
treated as economic crimes against
slaveholders. In many others, in-
cluding the 1944 Kansas case, the
murderer had long criminal
records. :

Since executions were resumed
in the United States after a decade-
long hiatus in 1977, 42 of the 153
people executed have been blacks
who killed whites; none had been of
whites who killed blacks.

“The scandalous paucity of these
cases, representing less than two-
tenths of 1 percent of known exe-
cutions, lends further Support to
the evidence that the death penalty
in this country has been discrimina-
torily applied,” the sociologist, Mi-
chael Radolet, wrote.

Statistics show that more than
90 percent of murders in the Unit-
ed States are intraracial — that is,
whites killing whites or blacks kill-
ing blacks. FBI statistics suggest
that in the last three years cases in
which blacks killed whites were
about twice as common as cases of
whites killing blacks.

That would mean that about 3
percent of all murders in the Unit-
ed States are whites killing blacks,
far more than the two-tenths of 1]
percent of the executions of whites
who killed blacks.

———<$—

12A * WEDNESDAY, JUNE 22, 1994 + USA TODAY

“USA TODAY hopes to . Peter S. Prichard
serve as a forum for bet- Editor ,
ter understanding and Karen Jurgensen
unity to help make the Editor of the
USA truly one nation.” Editorial Page
—Allen H. Neuharth Thomas Curley
President and Publisher

Founder, Sept. 15, 1982 PUBLISHED BY GANNETT

“Today's debate: CAPITAL PUNISHMENT

End racial discrimination
in the death penalty

OUR VIEW | The whole notion of
justice is perverted
by the racial disparity of the death
penalty. :

Donald “Peewee” Gaskins was a $500-a-
hit contract killer serving 10 life sentences
in a South Carolina prison when, in 1982,
he accepted yet another contract.

His target: Rudolph Tyner, a black in-
mate on death row for killing a white cou-
ple during a robbery. Gaskins rigged a ra-
dio with a bomb

as Tyner held it As of April, there

to his ear. | were 2,848 death row

When Gas- inmates, half of them:
kins was put to | minorities. By race:
death for White: 50%

and detonated it | The race factor |

Tyner’s murder Black: 40%

on Sept. 6, 1991,
he became the

‘first — and still
| only — white

executed for kill-
ing a black since

Hispanic: 7%

Other: 3%
- A black who kills a
white is 63 times more
likely to. be executed
than a white who mur-
ders a black.

the Supreme | source: peath Penalty Infor-
Court reinstated | mation Center |

the death penal-

‘| tyin 1976. Tony Cimo, the white man who
hired Gaskins, received only eight years

and served only six months.

Moral: If you’re going to kill someone,
your best bet is to be white and kill a black.
And not just in South Carolina. Nation-
wide, the death penalty is applied with such
obvious racial prejudice that the entire no-
tion of justice is perverted.

In the federal courts, 90% of the defen-
dants selected for capital prosecution under

“drug kingpin” provisions of the 1988

Anti-Drug Abuse Act are minorities, even
though three-quarters of those eligible for
such prosecution have been white.

In the states, 40% of all death row in-
mates are black, although they compose

only 12% of the population. More than |.

eight out of every 10 capital cases feature a
white murder victim, even though they
constitute just half of all murder victims.

These patent disparities give urgency to
the Racial Justice Act, now under discus-
sion in Congress as part of the 1994 crime
bill. The law would allow death row in-
mates to overturn their conviction by prov-
ing it was racially founded.

This is not a quota bill. It does not say
that executions must match some broad
statistical pattern. It simply allows defen-
dants a chance to show that, in comparison
with similar cases, the only way to explain
their punishment is by race.

That’s not an easy task. But it is an essen-
tial option — both for the defendant,
whose life may be forfeit because of his col-
or rather than his guilt, and for our judicial

_ System, which is smeared by evidence that

the death penalty is race-sensitive.
When it comes to capital punishment,

~ that’s exactly what’s happening. The pat-

tern of sentencing is powerful evidence that
Prosecutors and juries think killing a white
person is more serious than killing a black
person, especially if the killer is black.
Those who attack the Racial Justice Act

Say it means the end of the death penalty. .
But if the death penalty can’t survive such |'

fundamental scrutiny, it ought to be
scrapped anyway.

Our judicial system is horribly corroded
when it tolerates racially unfair sentencing,
And it is corroded further by lawmakers
who say, in effect, that they just don’t care.

. Carolina stages r

For the first time since 1 880, a white man
is put to death there for murdering a black man.

By DAVID MARGOLICK
The. New York Times

~ COLUMBIA, S.C. — Nearly
half a century and at least 1,000
executions since it last happened
‘in the United States, a white
“Person was executed Friday for
killing a black person.

Donald “Peewee” Gaskins was
put to death in Columbia, S.C.,
early Friday for the 1982 killing-
for-hire of Rudolph Tyner, a
fellow inmate and a black man
wwho had been convicted of
‘murder. The son of Tyner’s
wictims hired Gaskins to kill
Tyner, which he did by giving him
w.bomb disguised as a radio.
Not since 1944, when a Kansas
man was executed for killing a
‘black person in an attempted
robbery, has a white person in the

_,United States received the death
“penalty for killing a black Person.
‘ No white person has been execut-
‘-€d in South Carolina for such a
‘ killing since 1880. The total
, number of executions in the state
_ Since that time is unclear, but 245
People have been sent to the
. State’s electric chair since 1912.
; Opponents of capital punish-
" ment have repeatedly charged that
. Such disparities reflect Persistent,
, Systemic racism in the application
. Of the death penalty. The death of
Gaskin in an electric chair seemed

to some opponents to underscore
how rare it is in this country for a
white person to be executed for
killing a black person. —
Gaskins already had been con-
victed of nine other murders, all

of them of white persons. For one |

murder he had Previously been
sentenced to death, a conviction
that was subsequently commuted
to life imprisonment; for the
Others, he was serving consecutive
life sentences. Gaskins had been
linked to several other killings as
well.

“That’s apparently the son of
criminal record a white man
needs to be executed for the
murder of a black,” said David
Bruck, chief lawyer of the South
Carolina Office of Appellate
Defense, who represents many
death row inmates.

Although Gaskins was an
avowed racist who said he killed
Tyner in part because he was
black, death penalty experts inside
and outside South Carolina con-

Saturday. September 7. 199} The Kansas City Star A-15

tended race Played little Part in
Gaskins’ sentencing by a jury. The
victim was another inmate; any
failure to impose the death
penalty for killing another inmate
would deprive the state of its only
meaningful deterrent to Prison
killings.

“AS a matter of state correc-
tional policy, they had to give
death in this case,” said Richard
Burt of the NAACP Legal Defense
and Educational Fund Inc. in
New York. “If you're going to let
the families of murder victims
murder their murderers, you’ve
80t a serious problem. The Tacial
combinations mean very little in
light of the kind of homicide it
was.”

According to a 1989 Study by a

are execution

sociologist at the University of
Florida, of 15,978 executions in
the United States or the American
colonies since 1608, only 30 —
that is, one in every 533 — were
of whites persons who killed
blacks persons. Several of the
instances involved the murder of’
Slaves and were, therefore, treated
as economic crimes against
slaveholders. In many others,
including the 1944 Kansas case,
the murderer had long criminal
records.

Since executions were resumed
in 1977 in the United States after
a decade-long hiatus, 42 of the
153 people executed have been
black persons who killed whites;
none had been of white Persons
who killed blacks.

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COLUMBIA S.C. (AP) — Aman. kins was trying to kil] himself or

i today for killing a fellow inmate.

Donald “p ore being moved to € death
Pronounced Ouse las Friday. He Said hé
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|: 1982. Tyner Was |
Killed “with a
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The US. Supreme Court denied.
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ath Penalty opponents have
irony of Gaskj

his newspaper and peered curiously out
the window when he heard his sis-
ter’s screams. He raced to the scene.
And his breath came in irregular jolts.
Before him on the floor of the little
country grocery store, lay his parents.

Tom managed to dial the sheriff.

Within minutes the tiny grocery story
was flooded by deputies, curious neigh-
bors and emergency medics. It was im-
mediately determined that the two were
dead.

The cash register was wide open, and
empty. A later tally of the day’s receipts
calculated the robber’s take at less than
$50.

The sheriff's department and other
officers made a thorough study of the
premises and acquired permission from
the family to make a complete search
through the store for evidence and
potential leads.

When the couple’s daughter regained
her composure, she recounted her
shocking discoveries at the store.

The son, Tom, said, “I'll get whoever
did this if it takes the rest of my life.”

As news of the killings spread, hun-

dreds of volunteers soon joined the
hunt.

By the following morning, residents
from outlying areas began arriving in
pickup trucks and on foot. They scru-
tinized fields, wooded areas, creek bot-
toms and followed the highways. They
found no clues.

The killer remained at large, com-
piling a lengthy score of holdups. He
bragged to a friend how he “wasted
an old couple” in Murrells Inlet to get
drug money. His crony tipped police.
A heroin addict, he often worked as a
police snitch.

On the streets, Rudolph Tyner was
regarded as cowardly and brutalizing.
Since a teenager he had worked his way
through petty crimes and molesting
children for amusement, during his
spare time. His record was spotty
with convictions for burglary, armed
robberies, and muggings. On occa-
sion he would introduce himself to
strangers as an undercover agent.

It was against this background that
Rudolph Tyner was eventually con-
victed of murdering the fishing vil-

Pee Wee (left) leading officers to three of his
victims. He often produced bodies to stave off his
execution. Above, Rudolph Tyner, murdered in his

Death Row cell.

lage couple and sentenced to death. All
during the trial Tom Kobler sat in the
front row with his family, listening to
the suspect’s street companions de-
scribe him as a man who “only thought
of guns and killings.” The vision Tom
couldn’t shake was of Tyner seated at
the defense table, smiling throughout
the proceedings. He became excep-
tionally unnerved when it was brought
out that Tyner had kept a shotgun
shell that had killed his mother as a
ghoulish relic, and brazeningly hung
it from a chain that dangled on the
rearview mirror of his car.

Tom drifted into states of depression,
often sitting for hours staring at a
wall in his living room decorated
with photographs of his dead parents.
He couldn’t concentrate on his job as
a bricklayer, and missed time from
work. It caused trouble at home and his
wife threatened to leave him.

Meanwhile, citing that the murders
resulted from an impulse rather than
cool calculation, an appeals court over-
turned Tyner’s death sentence.

Public controversy and a non-stop

ns’ littlest murder
of Gaskins.

a paranoid type.”
ns, Pee Wee was a
lief. He prowled the

‘ht, seldom without

<les and a slingshot.
-d with homemade
ways of destruction
thing he could on
ned a reputation for
d his six divorces
or of prison life.
Kobler picked to
of his parents had
ind bars for one vi-

ther. He committed

mality
ut of
nally
suicide

atte

1952, while serv-
for assault with a
nates call it “mak-
n effort to solidify
ng his fellow con-
! it by cutting the

“powerman” in

the toilet in his

old Kim Ghelkins
ighborhood park to
‘s. When her moth-
r her, she did not

see Kim among the children playing
in the sandlot area of swings and see-
saws. She continued to look, and after
an hour, her initial trepidation turned
to genuine alarm.

Scanning the neighborhood, she
asked everyone she saw if they had
seen her little girl, offering them a
fair description and the clothing she
wore. But no one had seen the blonde-
haired child, or if they did, had not paid
attention to her.

As darkness set upon the town, the
frantic parents notified the police and
the hunt began. A command post was
set up, and off-duty policemen and fire-
fighters joined the search. As news of
the missing child extended into the next
county, the posse swelled. Some 100
searchers fanned out across a 10-mile
area.

A year passed, and still no Kim.
The tragedy left a permanent scar on
the tiny South Carolina town.

In January, 1976, hunters stumbled
upon the nearly skeletonized remains
of a small female victim. The grisly
find took place in a remote section of
northeastern South Carolina, on a
parcel of property owned by Donald
Gaskins.

Homicide officers and lab technicians .

were summoned to the scene. A whole-
sale sweep of the area to find clues
around the field and connecting woods
was launched.

It was late evening when crime scene
technicians completed their work. They
found nothing that would connect a sus-
pect to the decomposed remains. Foren-
sic technicians and a coroner began to
reconstruct the cadaver. They were
severely handicapped for several rea-
sons. Evidence of postmortem lividi-
ty, coupled with the advance state of
putrefaction indicated that the victim
had died months prior to discovery of
the corpse.

Many exhausting hours passed be-
fore forensic men were able to fuse
together the pieces of the human puz-
zle. They were able to determine that
the victim was female. They also
managed to estimate the subject’s
height and weight, as well as place
her age at around 13 to 15.

Sleuths went through missing per-
sons reports from the past year. They
were looking for a description that
matched the one police pathologists had
set together.

A few days later, the telephone at
police headquarters rang. A dentist said

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Jessie Ruth Judy (left), one of Pee Wee’s victims. Ro
victim. Doreen Dempsey died along with her two-year-

flow of letters to lawmakers, instigat-
ed by Tom, set the scene for a second
trial and a second death sentence. When
liberals began screaming that capital
punishment merely satisfies society’s
need for retribution, Tom could see
the handwriting on the wall. The killer
of his parents would die of old age
before the state got around to killing
him.

So he decided to take the law into his
own hands. He would kill, or have
Rudolph Tyner killed, in retaliation
for the death of his parents. But how
do you murder a guy on Death Row?

Tom put out the word that he would
pay a hitman handsomely to kill Tyner.
It reached the ears of the only man on
earth who could have possibly gotten
to Tyner. Behind these same prison
walls was one of the most dangerous
mass murderers ever recorded in the
annals of crime. His name was Don-
ald H. Gaskins. Everyone called him
“Pee Wee.”

Gaskins wrote Tom Kobler. After sev-
eral visits with Gaskins in prison,
Tom decided to hire him. The two men,
one the most dangerous killer in South
Carolina history, the other a God-
fearing husband and father, began mak-
ing plans for Rudolph Tyner’s exter-
mination.

Born in 1937, Gaskins earned the
nickname of “Pee Wee” since he stood
only five-feet-five. Barbarity cannot be
judged by size, however, and Pee
Wee never discriminated against who
he slew.

When he was 13 he got into an al-
40

tercation with his first cousin and near-
ly killed her. She testified that she
walked in on him while he was bur-
glarizing her house and he beat her
unmercifully with a blackjack, dug a
hatchet into her head, and dragged
her down an embankment. He dumped
her in a ditch and left her for dead.
She survived the ordeal to testify
against him.

His.own mother testified, “Junior
always was a little different.”

Evidently, Gaskins left an imprint
with the supervisor of a state institu-
tion for juveniles. He wrote in 1950
that Gaskins’ “recurrent instances of
psychopathic lying and stealing,” as
well as his frequent escape attempts
and violent behavior, “will probably
never disappear, even with his impris-
onment.

“We are sure from our dealings with
abnormal delinquents,” he continued,
“that this boy is anti-social, and there
is something in his past development
that is preying upon his mind.

“We consider him dangerous and also
believe that he has the homicidal ten-

bin Dempsey (center), perhaps Gaskins’ littlest murder
old baby at the cruel hands of Gaskins.

dencies peculiar to a paranoid type.”

While in his teens, Pee Wee was a
burglar and sneak thief. He prowled the
streets day and night, seldom without
a pistol, brass knuckles and a slingshot.
He was so obsessed with homemade
bombs and various ways of destruction
that he read everything he could on
the subjects. He earned a reputation for
cruelty and attributed his six divorces
to the revolving door of prison life.

The man Tom Kobler picked to
avenge the death of his parents had
spent 17 years behind bars for one vi-
olent crime or another. He committed
his first murder in 1952, while serv-
ing time in prison for assault with a
deadly weapon. Inmates call it “mak-
ing your bones,” an effort to solidify
one’s standing among his fellow con-
victs. Pee Wee did it by cutting the
throat of the biggest ‘“powerman” in
prison as he sat on the toilet in his
cell.

In 1975,13-year-old Kim Ghelkins
skipped off to a neighborhood park to
play on the gym bars. When her moth-
er went to look for her, she did not

he had examined the bits of dried
human flesh which clung to. serrated
teeth and somehow matched up the
teeth and charts. The dentist had con-
cluded that Kim Ghelkins was the
victim whose body had been raped
and left naked in a shallow grave to
rot.

Pee Wee might have remained a long-
missing fugitive but for the fact that
one of his cohorts who knew about
his “secret graveyard” told a preacher
who advised him to go to the author-
ities.

By the time police had gathered
enough evidence to bring Pee Wee
Gaskins to trial, eight other bodies were
unearthed in the area and he faced mul-
tiple charges of capital murder.

In a 133-page confession, Gaskins
admitted that he killed 15 men, women
and children, but a prosecutor said he
was theoretically responsible for killing
100 men, women and children or a
combination of victims who were luck-
less enough to cross his path.

Yet Pee Wee had some ingratiating
qualities. He helped people in his im-
mediate circle who needed food or a
place to sleep. But most of the people
he killed were those he befriended
and at some point violated his code of
ethics, even though Pee Wee himself
failed to live up to his own discipline.

South Carolinians were aghast in
1976 when Gaskins began boasting
how he had pulled off so many mur-
ders with brilliant efficiency. He as-
tounded officers with his confession
to a string of unsolved crimes, which
he usually confessed to for his own
advantage. Whenever the shadow of
the electric chair fell across him, Pee
Wee would lead authorities to yet an-
other grave. He led them to three graves
in exchange for a conjugal visit with
his wife.

At his sentencing, he blithely told a
judge, “There’s quite a few bodies
that’s never been mentioned, that’s still
in the ground, but you’ve got enough
for now.”

In 1973, he drowned Doreen Ged-
dings and her two-year-old daughter.
He said he strangled the child while
raping her and the mother when she
caught him in the act. Later, he de-
nied it when he went to prison be-
cause he knew his life wouldn’t be
worth spit if his fellow inmates got
word that he was a baby-raper.

Several victims remained anony-
mous, their names alien even to Pee
42

Wee. Still others were identified as
Johnny Sellers, missing since June of
1974; Dennis Bellamy, murdered in
1975; and Barnwell Yates, whom he
stabbed to death during an altercation
over a cigarette.

Although Gaskins made a valiant
effort to project a macho image, a
prison psychologist said he was in re-
ality a “mama’s boy.” His probation re-
port showed he was passionately fond
of his mother and would always come
crying to her as a child.

He kept a vat of acid concealed in a
hole in his yard and several sticks of
dynamite in his refrigerator in case he
wanted to dispose of someone. One
man swung in front of him and took
the parking space Gaskins was head-
ed for, and paid for it dearly. Gaskins
walked up to the car, tossed a stick of
dynamite in the window, and drove
away, the blast ringing in his ears.

When Pee Wee went on trial for the
murder of 13-year-old Kim Ghelkins,
the place was an armed fortress. So
many people crowded the courthouse

that the line spilled into the street. Stull,
Pee Wee made a break for an open win-
dow, jumped from a second-story
ledge, and disappeared into the South
Carolina swamps.

Manhunters equipped with high-pow-
ered rifles trudged through the mos-
quito-infested swamps utilizing what-
ever methods they had at their disposal.
Pursuers thought they had him when
they heard bloodhounds yelping in
the distance, but found their dogs tied
to a tree and no Pee Wee.

Pee Wee realized it was only a mat-
ter of time before he was run into the
ground or killed by a swamp creature.
When he came out of hiding he was
caught and returned to prison.

Opponents of the death penalty ar-
gued for rehabilitation over execu-
tion. His brother doubted whether Pee
Wee would get a fair trial. “Once a
dog sucks an egg,” he told a reporter,
“everytime one is missing, they point
to him.”

Sentenced to die, Gaskins won com-
mutation of his sentence, accepting

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the judge’s offer of ten life terms on
nine counts of murder and one of
housebreaking. Even so, he was tech-
nically eligible for parole in 1985. He
never got a chance to bring his appeal
to the parole board.

Pee Wee was the ideal “hit man” to
eliminate Tyner because he was out
of his cell 14 hours a day on his job
as prison handyman. Pee Wee moved
about freely whenever pipes leaked,
toilets flooded, or electrical appli-
ances proved ineffectual.

Although he was South Carolina’s
most notorious killer, once saved from
the electric chair only because the
U.S. Supreme Court declared capital
punishment unconstitutional, he was
allowed to keep tools in his unlocked
quarters on Cell Block Two.

Because he had the run of the prison,
Pee Wee ran a variety of scams, in-
cluding the smuggling of drugs to fel-
low cons. He ran his own pawnshop,
made loans, dished out jobs for sex and
took his pick of “new meat.” If any
prospective sex partner resisted, he was
dealt Pee Wee’s own special brand of
cruel and unusual punishment.

The need for constant struggle for

power within the prison was obvious,
and Pee Wee’s authority was challenged
by a black inmate named Sylvester
Lewis Adams, who remains on death
row at this writing. Adams clogged
his toilet constantly, causing Pee Wee
headaches. One day, Pee Wee arrived
with lighter fluid and a match. He
squirted a pool of fluid in Adams’ cell
and lit it. The terrified inmate almost
burned to death before guards could
put it out. Pee Wee never again received
a memorandum to visit Sylvester’s cell.

Pee Wee was captivated by the idea
of pulling off a Death Row murder,
especially when he was to be paid
handsomely for it. He read in the prison
library where oleander leaves could kill
someone who eats them. He contact-
ed Tom Kobler who boiled some and
mailed the residue to Pee Wee.

Getting into Tyner’s cell was easy for
the prison handyman. All he had to
do to get a permit was to claim he re-
ceived a report of a dripping pipe or
a flooded toilet. He was good at sab-
otaging faulty plumbing with a fragile
sealant that was sure to leak. During
one such visit, Gaskins slipped the ole-
ander poison that Kobler sent him
into Tyner’s food. The dose gave Tyner
diarrhea, but he didn’t die.

Kobler mailed Gaskins five differ-
44

ent poisons that were enough to kill
an elephant, concealed in false bottoms
of candy boxes, but Tyner remained
alive. He put some in a cigarette and
slipped it to Tyner, but the big man
just smiled and said, “Thanks, pal.”

Poison-laced heroin also failed. Pee
Wee put rat poison in ketchup and
drenched Tyner’s meatloaf with it. He
also sprinkled Tyner’s coffee with
poison, but nothing fazed the man with
the cast-iron stomach.

By now, Tyner enjoyed Gaskins’
visits with syringes and stimulants
and began plugging his own toilet
and reporting other odd-jobs thatneed-
ed attention.

Several cons in the maximum secu-
rity facticity knew Pee Wee had a
contract on Tyner but they feared Gask-
ins too much to tattle. Even if they
did, he’d tape recorded his telephone
conversations with Kobler as added in-
surance. ~

In any case, Pee Wee’s many fail-
ures to bump off a sitting duck like
Tyner was hardly flattering to his ego,
to say nothing of his reputation at South

Carolina’s Central Correctional Insti-
tution as the prison’s most dangerous
convict.

When all else failed, and with Kobler
running short on patience, Pee Wee sug-
gested explosives. Kobler agreed to
send him C-4 explosives, but Gaskins
got tired of waiting and acted on his
own. Even Kobler was surprised when
he saw news reports of the explosion
that rocked the very foundation of the
penitentiary.

No one noticed the wire squirming
through the ductwork that led be-
tween Death Row and the central tier
of Cell Block Two, until it was too late.
On that day in 1982, Pee Wee rolled
up the wire he had just pulled off the
wall and connected it to a device in
Tyner’s cell that looked like a radio
speaker. The mechanism Tyner plugged
into his ears when he sat on the toilet
was packed with contraband explo-
sives.

The explosion obliterated Tyner and
the toilet. The booby-trap was so effi-
cient that authorities later picked pieces
of the mom and pop grocery store killer

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nails clear and healthy!

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Kobler agreed to
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and acted on his
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ie Wire squirming
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ind the central tier
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BEFORE: Ugly, flaky,
nfected nails

AFTER: Infection gone,
iails clear and healthy!

end me 1 bottle
nipping/handling. |

Treatment for only |

from the ceiling, floor and walls.

Rudolph Tyner had the distinction
of becoming Pee Wee Gaskins’ final
victim.

Prison administrators launched an im-
mediate investigation and quickly de-
termined that it was Pee Wee Gaskins
who blew up Tyner. After all, Gaskins
was not only one of the very few peo-
ple who had access to Tyner’s cell,
but he once lived on Death Row and
knew how it functioned. In his auto-
biography, released nine months after
his death, Pee Wee told just how sim-
ple it had been to eliminate Tyner.

“That afternoon I took the rolled-up
wire out of a tool kit and told him I
had come up with an idea: We could
push this wire into the duct, and I would
get the other end when I got back to
my cell, and then I would rig up a
kind of homemade telephone for us,
one like the kids use to make with tin
cans and string, except that we could
use plastic cups from the mess hall, and
I would make a little speaker to go in
the bottom of them, so the sound would
be real clear. And from then on we
could talk to each other all we want-
ed.

“J wasn’t sure he would believe me,
but he took everything I said for truth
and smiled real happy and said he
thought it was truly a great idea.

“J told him I would send him the plas-
tic cup with the speaker in it, then I
kidded him and said for him not to
put coffee in that cup, and he laughed.
Then I said that when he got the cup
he was to look inside and he would
see the speaker-cloth at the bottom of
the cup, and just above it would be writ
the time I planned to test it, to make
sure it worked right.

“I told him that when he got the
cup, I wanted him to take the two wires
that run from his cell to mine and

PLANT’S REVENGE

nid

hook them to the two screws on the
bottom of the cup, then wait, and at ex-
actly the test time he was to pick up
the cup and speak real clear and say,
‘This is Tyner, over to you.’ Then he
was to put the cup to his ear and lis-
ten for the answer.” .

Pee Wee said they synchronized their
watches, and he left. The following day
he sent a plastic cup to Tyner via a
prison courier. At the set time, Tyner
sat on the toilet and delivered his
message to Pee Wee, then placed the
cup to his ear expecting an answer.

On the other side of the wall, Pee
Wee plugged his end of the wire into
an electrical outlet.

Gaskins wrote: “Guards was run-
ning all over the place. I couldn’t get
onto the Row to see things for my-
self, but at my trial I got to see pic-
tures of Tyner’s body and his cell,
and there was bits and pieces of him
stuck all over the walls and ceiling
and floor. The last he heard through
that speaker-cup before it blew his head
off was me laughing.”

Although it was Pee Wee.Gaskins
who actually committed the murder it
came out at his trial that four others
had joined the conspiracy, including
Tom Kobler, who had kept in touch

with Gaskins repeatedly through letters |

and visits. Others connected to the
crime were Pop McCormick, 48, of
Myrtle Beach, who pleaded guilty to
conspiracy and was sentenced to five
years for recruiting a hitman; inmate
John Martin, 42, of Conway, who
pleaded guilty to conspiracy and was
sentenced to three years; James Don-
ald Cooper, 36, of Murrells Inlet, who
pleaded guilty to conspiracy, and was
sentenced to five years probation for
helping Kobler make connections at the
prison.

Tom Kobler, then 36, was charged
as an accessory before the fact of
murder and conspiracy to commit mur-
der. He pleaded guilty to a lesser charge
of helping someone commit a crime.
Sentenced to eight years, he served
three years on a work release and was
freed in 1986.

“Not many men is privileged to live
a life as free and pleasured as mine had
been,” Pee Wee wrote in the Autobi-
ography of Mass Murderer/Serial Killer
Donald “Pee Wee” Gaskins. “Once you
decide to kill, and I don’t mean killing
some piss-ant in a bar or two old farts
in a holdup, I’m talking about decid-
ing to kill anybody you want, any

way you want—once you get to that
point, you set yourself free to live the
rest Of life there is. When they put me
to death, I’ll die remembering the
freedom and pleasure of my life.
“T’ll die knowing that there are oth-
ers coming along to take my place, and
most of them won’t never get caught.”

Only hours before his scheduled ex-
ecution, on September 6, 1991, Pee
Wee Gaskins lost his nerve and slashed
his wrists with a razor blade.

Rushed to the prison hospital ward,
it took 20 stitches to patch the wounds
to his wrists and arms.

Gaskins was patched up and finally
escorted to the electric chair. En route
to the chair, he floundered slightly, as
if fear had finally overtaken him. Two
guards steadied him, four others fol-
lowed behind.

Once he was seated and strapped into
the electric chair, a cap and mask was
placed over his face, and Gaskins
breathed and swallowed nervously,
waiting for the blast of electricity that
would cancel his life. When the elec-
tricity surged through his body, he stiff-
ened spasmodically, yet only briefly.

Pee Wee Gaskins would kill no
more. *

(Editor’s Note: The name Tom Kobler is a
pseudonym. The use of the real name
would serve no public interest.)

GOOD OLD JAIL

944 916 FEDERAL REPORTER, 2d SERIES

22. Habeas Corpus ¢=379

Habeas petitioner’s contention that
sympathy instruction given to jury in sen-
tencing phase of capital murder prosecu-
tion constituted Eighth Amendment viola-
tion by effectively precluding jury from
considering relevant mitigating evidence in
violation of Eighth Amendment was fore-
closed, since any such ruling would consti-
tute “new rule,” which could not be an-
nounced or applied in habeas case on collat-
eral review. 28 U.S.C.A. § 2254; U.S.C.A.
Const.Amend. 8.

23. Homicide <=311

Challenged instruction in capital mur-
der case did not impermissibly suggest to
sentencing jury that mitigating circum-
stances must be found beyond reasonable
doubt; instruction stated that it was not
required for jury to find beyond reasonable
doubt existence of at least one alleged stat-
utory mitigating circumstance in order to
recommend defendant be given life sen-
tence. U.S.C.A. Const.Amend. 8.

24. Criminal Law ¢796, 822(1)

Trial court’s presumably unintentional
statement, to effect that jury had to find at
least one or more aggravating circum-
stances or else it would “have to recom-
mend a death sentence,” could not, in con-
text of entire charge, have confused rea-
sonable juror and thus was not constitu-
tional error, where trial court instructions
made patently clear that death penalty
could not be imposed without aggravating
circumstances and that jury had, in any
case, full discretion not to impose death
sentence, even if aggravating circum-
stances and no mitigating circumstances
were found. U.S.C.A. Const.Amend. 8.

25. Criminal Law ¢798

Trial court’s misstatement of South
Carolina law in capital murder prosecution,
by instructing jury to effect that decision
to impose life sentence must be unanimous,
did not constitute arbitrary factor in sen-
tencing process, rendering unanimous
death sentence unreliable, where it was
inconceivable that disputed instruction
would have caused jurors unanimously to
impose death sentence out of fear of mis-
trial should they not be unanimous in their

decision to impose life sentence. US.C.A.
Const.Amend. 8.

John Henry Blume, III (argued), South

' Carolina Death Penalty Resource Center,

Columbia, S.C., for petitioner-appellant.

Frank Louis Valenta, Jr., Asst. Atty.
Gen., Donald J. Zelenka, Chief Deputy
Atty. Gen., T. Travis Medlock, Atty. Gen.
(on brief), Columbia, S.C., for respondents-
appellees.

Before ERVIN, Chief Judge, and
PHILLIPS and CHAPMAN, Circuit
Judges.

PHILLIPS, Circuit Judge:

Donald Henry Gaskins, a South Carolina
prison inmate under sentence of death for
capital murder, appeals the district court’s
denial of an evidentiary hearing and dismis-
sal of his 28 U.S.C. § 2254 petition for
failure to show entitlement to federal col-
lateral relief. We affirm.

Gaskins’ victim, fellow death row inmate
Rudolph Tyner, had been sentenced to
death for killing a Mr. and Mrs. Moon
during a robbery. Tony Cimo, a stepson of
the Moons, seeking to avenge the murders,
contacted an acquaintance who put him in
touch with Gaskins, who was serving ten
life sentences, nine for murder and one for
burglary. Telephone toll records produced
at trial showed that thereafter Gaskins
made a number of collect calls either to
Cimo or to Cimo’s acquaintance who had
made the contact. Some of the recorded
calls revealed that, after numerous failed
attempts to poison Tyner, Gaskins resolved
to kill Tyner by means of an explosive
device.

Ultimately, Gaskins succeeded. James
Arthur Brown, a prisoner assigned to deliv-
er meals to death-row inmates, testified
that on the afternoon of the murder, Gas-
kins asked Brown to deliver a device to
Tyner. Brown described the device as a
radio-type speaker built into a plastic cup
through which, Gaskins led Brown to be-

ieve, Tyner could commun
kins in the adjoining cell rat

‘to yell through a common —
-tom of the cup had a female

et adapted for connection »
cord. Along with the cup’s

‘was to.tell Tyner that “‘t
the bottom vent in his cell.’
‘Gaskins, 284 S.C. 105, 326
(1985). Presumably, Tyner
“wire in the common vent
| into the cup-speaker. The
plowing off part of Tyner’
ing him. Brown testified

explosion he went to Gaski)

~ Gaskins pulling a wire fri

vent in his own cell.

. Gaskins was convicted a:
death by a jury, and his
sentence were affirmed o
See State v. Gaskins, 28:
S.E.2d 132 (1985), cert. de

1120, 105 S.Ct. 2368, 86 L.E

Efforts to obtain state po:

lief were unavailing. £
State, No. 85-CP-40-346:
(S.C. Jan. 7, 1987), cert. a

909, 107 S.Ct. 2491, 96 L.E

This § 2254 petition,
claims, followed and was

. missed by the district cour

‘ issues and sub-issues are :
' Of these, one involves t:

_ evidentiary hearing respe°
~ sion in evidence at sentr
© confession to other mu
) claimed denial of due p:
’ trial judge bias, two invoi

» tutional violations in jury

if ‘involve trial court evidenti<
» edly impacting on the tri
» fairness, one involves pros:

duct, two involve guilt-ph:
tions, and five involve alle;
the trial’s sentencing pha:

We address each of the

- Cf. United States v. Jones, 9

(4th Cir.1990), i id. ~
opinion) (confli: s
power of federa! ng

7
)
)
ORTER, 2d SERIES

ments” applies to “derogatory” state
as . We do not agree. Althowe
} tain types of derogatory rems
| sound quite similar to maliciously f,
defamatory speech, which an
_ may prohibit, derogatory remarks
_ include truthful union propagar
places hospital personnel in an unfa
light. By permitting the punish
employees for speaking badly abou
tal personnel, the employer “failfed
‘ine the area of permissible condy
nanner clear to employees and ‘
‘ause(d] employees to refrain from ene
ng in protected activities.” 4 ce
Zast Iron Pipe Co. v. NLRB, 600 F.24 4s
| 87 (8th Cir.1979). It may very wel}
} rue that derogatory attacks destroy, |

ne hospital puts it, “the positive work a

1osphere,” but the values of free speach
nd union expression outweigh employer
ranquility in this instance.

IV.

To summarize, we grant enforcement
ith respect to the Board’s findings on the
‘str yn of union literature and the ho»
tal’ sciplinary rules. However, we

| ‘ny enforcement with respect to the
ard’s finding that the hospital unlawfuk
excluded union representatives from sole
ting in the cafeteria, and that the hospital
lawfully conducted a chilling surveib
ice on the union organizers in the cafete

ENFORCEMENT GRANTED IN PART
YD DENIED IN PART. ii

“aYms

be [section] 7 rights”); Pizza Crust Co., 862
2d at 54 (“[nJothing in the Tri-County rele
iplies that the Act is violated only if the em

’yer was successful in its barring of solicita

in”),

eee

GASKINS v. McKELLAR 94]
Cite as 916 F.2d 941 (4th Cir. 1990)

Donald Henry GASKINS,
Petitioner~Appellant,

Vv.

| Kenneth D. MeKELLAR, Warden, Cen-

tral Correctional Institution; Attorney
General of South Carolina, T. Travis
Medlock, Respondents—Appellees.

No. 89-4011.

United States Court of Appeals,
Fourth Circuit.

Argued March 7, 1990.
Decided Oct. 15, 1990.

Defendant, whose murder conviction
and death sentence had been affirmed by
South Carolina Supreme Court, 284 S.C.
105, 326 S.E.2d 182, sought federal habeas
corpus review. The United States District
Court for the District of South Carolina,
George Ross Anderson, Jr., J., dismissed
habeas petition without evidentiary hear-
ing. Defendant appealed. The Court of
Appeals, Phillips, Circuit Judge, held that:
(1) dismissal was appropriate of invalid-use-
of-confession claim on basis of its palpably
incredible nature and, in any event, denial
of evidentiary hearing was harmless be-
yond reasonable doubt; (2) state trial
judge’s questioning of certain witnesses did
not render defendant’s trial fundamentally
unfair; (8) state trial judge’s comment to
press following guilt phase of trial did not
create fundamentally unfair trial; (4) trial
court’s refusal to exclude juror who admit-
ted during voir dire that, in his opinion,
defendant should have been executed for
previous murders, was not constitutional
frror; (5) any impropriety in restricting
defendant’s cress-examination of prosecu-
tion witness on direct examination of de-
fense witness was harmless beyond reason-
able doubt; (6) improper burden shifting
‘nstruction was harmless beyond reason-
able doubt; and (7) admission of evidence
that prior death sentence of defendant had
been vacated did not violate defendant’s
Eighth Amendment rights, nor did trial
Court’s use of word “recommend” in con-

nection with jury’s return of sentence of
life imprisonment or death.

Affirmed.

1. Habeas Corpus ¢742

Where allegations in a habeas petition
are palpably incredible, petition properly
may be dismissed without affording any
evidentiary hearing. 28 U.S.C.A. § 2254.

2. Habeas Corpus ¢751

Palpably incredible nature of habeas
claim of state capital prisoner, that sen-
tencing jury might have acted differently
had it thought defendant guilty of “some”
lesser number of unrelated murders that
defendant specifically conceded rather than
seven unrelated murders to which defen-
dant had confessed and pled guilty, sup-
ported dismissal, without evidentiary hear-
ing, of claim that defendant’s confession to
those prior murders was improperly admit-
ted during sentencing phase of capital mur-
der trial. 28 U.S.C.A. § 2254,

3. Habeas Corpus 847

Any error in denying state capital pris-
oner evidentiary hearing on habeas claim
that sentencing jury was allowed to errone-
ously believe that he had committed seven
unrelated murders to which he confessed,
rather than some lesser number which he
conceded, was harmless beyond reasonable
doubt; jury had before it other evidence to
Support aggravating factor of prior murder
convictions, in form of still another convic-
tion of murder which defendant did not
challenge, and additional aggravating
factor of murder for hire was not chal-
lenged. 28 U.S.C.A. § 2254.

4. Habeas Corpus ¢=481

Any error in trial court’s involvement
in questioning prosecution witness whose
testimony tied defendant to murder or in
questioning defense witness was harmless
beyond reasonable doubt where, even with-
out prosecution witness’ testimony, evi-
dence of defendants’ involvement in plot to
kill victim was overwhelming; thus, trial
was not fundamentally unfair, on theory
that trial judge’s questioning may have led
jury to believe that prosecution witness’

GASKINS v. McKELLAR

947

Cite as 916 F.2d 941 (4th Cir. 1990)

Fourteenth amendment due process re-
quires, at a minimum, an impartial judge
and jury. See Anderson v. Warden, Md.
Penitentiary, 696 F.2d 296, 299 (4th Cir.
1982). Gaskins makes a number of argu-
« ments supporting his contention that the
state trial judge demonstrably was lacking
in the requisite degree of impartiality to
»ensure due process. First, he points to

twenty-two instances where the state trial

+-judge allegedly improperly questioned wit-
_ nesses. Second, he points to a newspaper

_ article published after the guilt phase of

Gaskins’ trial, but before sentencing, in

which the trial judge, in response to a
|sreporter’s question whether the judge

thought Gaskins would receive the death

penalty, replied, “what can you give a man
who has got ten life sentences.”

We are persuaded upon a careful review

of the record that the judge’s conduct did:

not deny Gaskins a constitutionally fair
trial.
Of the twenty-two alleged instances
here the trial judge questioned witnesses,
waskins asserts the following as examples
of the most “egregious” demonstrations of
impermissible bias. These occurred during
the questioning of state’s witness James
Brown and Gaskins’ chief rebuttal witness
to Brown’s testimony, John Caison.

It will be recalled that Brown was the
inmate who, allegedly at Gaskins’ behest,
actually delivered the bomb to Tyner, and
# Who testified to that effect at trial. The

‘Allegedly prejudicial conduct occurred when

| Mie state attempted to introduce through
rown certain incriminating letters that
askins had given Brown. After Brown
i _ that Gaskins had given him the
ers, but before the letters were intro-
a , the trial judge conducted a hearing
itside the hearing of the jury to deter-
Me the letters’ admissibility. When the
Teturned, the trial judge, even though
Wn had already testified to the source
ne letters, asked Brown to “reiterate

» he got the documents from for the
“JA. at 214.

; ng Brown’s cross-examination, Gas-
wk ee to establish that the letters
= hot incriminating. After sustaining

an objection to a question concerning the
intent of a phrase in the letter, the trial
judge asked Brown directly what the let-
ters meant to him. When Brown respond-
ed that they meant that Gaskins was trying
to talk Brown into “taking the rap for it,”
the trial judge commented, “[tJhat’s right.
That’s what he thought.” J.A. at 269.

During the state’s cross-examination of
Gaskins’ rebuttal witness, John Caison,
Caison testified that Brown told Caison
that Brown and others were plotting to get
Tyner. When Caison testified that Brown
did not reveal other members of the plot,
the following colloquy occurred between
the trial judge and Caison:

THE COURT: You didn’t ask [Brown

who the other members of the plot

were? ]

CAISON: No, he said .

THE COURT: It’s such a ig event, wer-

en’t you curious?

CAISON: What he told me, he said ...

THE COURT: Tell the truth now. Did

you ask him?

CAISON: I asked him what it was about.

THE COURT: Did he tell you?

CAISON: No sir, he ..

THE COURT: He wouldn’t tell you?

CAISON: He told me the less that I

knew the better off I was.

THE COURT: He delivered the explo-

sives for somebody else?

CAISON: I guess so. He didn’t tell me

that.

THE COURT: He didn’t tell you that.

Tell the jury what he told you?

J.A. at 336-37.

Later, after Caison’s redirect testimony
concerning Brown’s alleged involvement in
an earlier attempt to poison Tyner, the trial
judge again engaged in a colloquy with
Caison:

MR. SWERLING: Who told you not to

go on Death Row [the day Tyner was

killed]?

CAISON: James Brown.

* * * * * *

THE COURT: Why did he tell you that? -

946

earlier confession in which Gaskins had
admitted committing seven other murders.
Though in personally arguing his case to
the sentencing jury Gaskins specifically
conceded that, “I’m guilty of some of [the
murders], yes. I do not deny that,” J.A. at
593, his contention apparently now is that
he was coerced into confessing to more
than he later conceded to the sentencing
jury. From this, the argument runs that
the sentencing jury’s determination could
be shown to be constitutionally unreliable
if, as he claimed but was not allowed to
establish by evidence, the jury thought him
guilty of all the seven murders rather than
the “some” lesser number that he specifi-
cally conceded. Given this possibility, Gas-
kins contends that the district court erred
in failing to give him an evidentiary hear-
ing to attempt to establish his claim of
constitutional unreliability.

[1,2] This argument fails because of
the claim’s facial lack of merit. Where the
allegations in a habeas petition are palpa-
bly incredible, the petition properly may be
dismissed without affording any evidentia-
ry hearing. See Blackledge v. Allison, 431
US. 63, 75-76, 97 S.Ct. 1621, 1629-30, 52
L.Ed.2d 136 (1977). Here the ultimate alle-
gation, on which habeas relief depended,
was that the Sentencing jury’s mispercep-
tion of the exact number of unrelated mur-
ders that Gaskins had committed made its
imposition of the death penalty constitu-
tionally unreliable. Under the circum-
stances, the district court properly could
have viewed this as an allegation incredible
on its face, and on that basis summarily
dismissed the claim. Even assuming the
truth of the predicate allegation—that the
earlier confession had admitted more mur-
ders than Gaskins actually -had commit-
ted—it defies belief that a jury to which he
had just renewed his confession to at least
an indefinite “some” of the seven earlier
confessed would have acted differently

2. The parties do not raise and we therefore do
not address the possible bearing on this point of
Zant v. Stephens, 462 U.S. 862, 103 S.Ct. 2733, 77
L.Ed.2d 235 (1983) (where capital sentencing
jurors have found two aggravators, invalidation
of one on review does not require vacating
death sentence), and Smith v. Procunier, 769

916 FEDERAL REPORTER, 2d SERIES

(more reliably) had it been aware of the
exact mathematical disparity between
those actually committed and those con-
fessed.

[3] We might also affirm the summary
dismissal of this claim on the alternative
basis of a roughly parallel harmless error
analysis. See Estelle -v, Smith, 451 U.S.
454,101 S.Ct. 1866, 68 L.Ed.2d 359 (1981)
(harmless error analysis appropriate in re-
view of capital sentencing proceeding),
Here the record shows that the state sen-
tencing jury found two aggravating
factors: prior murder convictions and mur-
der for hire. It also reveals that the jury
had before it, in addition to the earlier
confessed murders, still another prior con-
viction of murder by jury verdict. Both
this latter conviction and the murder-for-
hire finding stand unchallenged.? As earli-
er indicated, the most favorable result that
could be achieved by an evidentiary hear-
ing to challenge the sentencing jury’s find-
ing of prior murders as an aggravator
would be a demonstration that the jury
erroneously believed that Gaskins had com-
mitted seven confessed murders, when he
had only committed “some” number less
than that. When it is recalled that the jury
also had before it still another unchal-
lenged murder conviction by jury trial, it is
obvious that any error in denying an evi-
dentiary hearing with such a limited poten-
tial was harmless beyond a reasonable
doubt. See Chapman v, California, 386
U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d
705 (1967).

III

[4] We next consider the district court’s
dismissal of Gaskins’ claim that the state
trial judge’s demonstrated bias and lack of
impartiality made his state trial fundamen-
tally unfair and therefore violated his con-
stitutional right to due process.

F.2d 170 (4th Cir.1985), aff'd on other grounds,
477 U.S. 527, 106 S.Ct. 2661, 91 L.Ed2d 434
(1986) (constitutional invalidity of one finding
of aggravating factor does not require vacating
death penalty where another aggravator is un-
challenged).

Fourteenth amendme:
quires, at a minimun, ;
and jury. See Anderso
Penitentiary, 696 F.2d
1982). Gaskins makes :
ments supporting his c
state trial judge demons
in the requisite degree
ensure due process. F
twenty-two instances wh
judge allegedly improper
nesses. Second, he poin‘
article published after t
Gaskins’ trial, but bef
which the trial judge,
reporter’s question wl
thought Gaskins would
‘penalty, replied, “what ca
who has got ten life ser

We are persuaded upor
of the record that the ju
not deny Gaskins a coi
trial.

Of the twenty-two <
where the trial judge que:
Gaskins asserts the follo
of the most “egregious” «
impermissible bias. Thes«
the questioning of state’
Brown and Gaskins’ chief
to Brown’s testimony, Jo |

It will be recalled that
inmate who, allegedly at
_ actually delivered the bor
who testified to that eff:
allegedly prejudicial condu
‘the state attempted to ir
‘Brown certain incriminat
Gaskins had given Brow:
testified that Gaskins ha:
ers, but before the let
ed, the trial judge con: |
ide the hearing of th |
ne the letters’ admissib
returned, the trial juc |
wn had already testifi:
the letters, asked Bro:
Where he got the documer
jury.” J.A. at 214.

During Brown’s cross-e:
“nS attempted to establist
not incriminating.

948 916 FEDERAL REPORTER, 2d SERIES

* * * * * *

THE COURT: [Where did the money
come from?]

* + * * * *

CAISON: I don’t know. He didn’t say.
THE COURT: And you didn’t ask?
CAISON: He wouldn’t have told me any-
how.

THE COURT: Why didn’t you ask him
who paid him money?

* * * * * *

CAISON: Well, when somebody don’t
want to answer your question, you best
leave them alone.

J.A. 343-47,

[YJou must be convinced as I told you

that the Defendant here aided, coun-

seled, or otherwise procured James

Brown to commit the murder of Rudolph:

Tyner and that the Defendant was not

present either actually or constructively.

J.A. 446. The instruction, argues Gaskins,
simply incorporated the state’s theory of
the offense into the charge.

We therefore affirm the district court's
rejection of the claim of a denial of due
process by virtue of the trial judge’s lack
of impartiality.

[6] We next consider related claims re
specting the jury selection process.

Of ten peremptory challenges available

to Gaskins, three were exercised to exclude ' '
jurors Rhyne, Richardson, and Cecil. Gas 3
kins argues that, for various reasons, the |
trial court erroneously refused to excus¢ —

these jurors for cause. Of the jurors whe

for cause.

Gaskins rightly makes no claim that re ‘
quiring him to use peremptory challenge ~

to exclude jurors Rhyne, Richardson,

Cecil violated his fourteenth amendment ’
right to due process by arbitrarily depr'™ |
ing him of the full complement of pere™P ~

tory challenges allowed by South Carolins

law. See Ross v. Oklahoma, 487 U.S. 8+ i
108 S.Ct. 2278, 101 L.Ed.2d 80 (1988). T |

crux of Gaskins’ claim in this regard is tha

he was denied his sixth amendment right @ :

an impartial jury.

“Any claim that the jury
tial ... must focus ... on
actually sat” and cannot
simply by showing the loss .
challenge. /d. at 86, 108
Accordingly, we examine G
light. of the jurors who ac’

Of the jurors who actuai
only challenges the impar
Doster, whom Gaskins unst
lenged for cause but did noi
peremptorily. Doster adn
dire that his “honest opinic
kins] was found guilty, con
earlier murders, [and] he sh
executed at that time.” J.
over, upon questioning by
Doster stated that, if Gask
guilty of Tyner’s murder,
were shown that Gaskins
before, Doster would be pre
pose a death penalty. Thou
that Doster was capable of
termining guilt or innocenc<
tends that Doster should
eused for cause because Do:
consider a life sentence wo
tially impaired by his belie
should have received the de:
the previous murders.

While it may be true th
predisposed in favor of the
we find no constitutional er

ove Doster. Though r
is some indication that, <
judge and Gaskins, bot!
rtunity to observe Dost.
that Doster would act ir
trolling principle here is ©
can be demanded of a ve
he be willing to consi.
Ities provided by state la
be irrevocably committ
bon v. Illinois, 391 U.S. §
°S.Ct. 1770, 1777 n. 21, 2
) (emphasis in original).
of Doster’s voir dire |
S$ us that the district juc
ncluding that he was n
itted. At numerous

lieve, Tyner could communicate with Gas-
kins in the adjoining cell rather than having
to yell through a common vent. The bot-
tom of the cup had a female-electrical sock-
et adapted for connection to an extension
cord. Along with the cup’s delivery Brown
was to tell Tyner that “the wire was in
the bottom vent in his cell.’’”” See State v.

Gaskins, 284 S.C. 105, 326 S.E.2d 132, 186

wire in the common vent and plugged it
into the cup-speaker. The cup exploded,
plowing off part of Tyner’s head and kill-
ing him. Brown testified that after the
explosion he went to Gaskins’ cell and saw
Gaskins pulling a wire from the common
vent in his own cell.

Gaskins was convicted and sentenced to
death by a jury, and his conviction and
. sentence were affirmed on direct appeal.
See State v. Gaskins, 284 S.C. 105, 326
S.E.2d 132 (1985), cert. denied, 471 US.
1120, 105 S.Ct. 2368, 86 L.Ed.2d 266 (1985).
Efforts to obtain state post-conviction re-
lief were unavailing. See Gaskins v.
State, No. 85-CP—40-3466, Letter Order
(S.C. Jan. 7, 1987), cert. denied, 482 U.S.
909, 107 S.Ct. 2491, 96 L.Ed.2d 382 (1987).

This § 2254 petition, raising several
claims, followed and was summarily dis-
missed by the district court. A number of
issues and sub-issues are raised on appeal.
Of these, one involves the denial of an
evidentiary hearing respecting the admis-
_ sion in evidence at sentencing of an earlier
’ confession to other murders, one involves a
claimed denial of due process by virtue of
ial judge bias, two involve alleged consti-
tional violations in jury selection, three
volve trial court evidentiary rulings alleg-
y impacting on the trial’s fundamental
fairness, one involves prosecutorial miscon-
@uct. two involve guilt-phase jury instruc:
dns, and five involve alleged errors during
trial’s sentencing phase.

Ye address each of these in turn.

Cf. United States v. Jones, 907 F.2d 456, 460-69
M4th Cir.1990), and id. at 470-84 (dissenting
Opinion) (conflicting views on constitutional
r of federal sentencing court to entertain

GASKINS v. McKELLAR
Cite as 916 F.2d 941 (4th Cir. 1990)

(1985). Presumably, Tyner then found the”

945
Il

Gaskins contends that he was erroneous-
ly denied an evidentiary hearing to estab-
lish his claim that portions of a confession
given by him in connection with an earlier,
bargained plea of guilty to several un-
related murders were unconstitutionally
admitted at the sentencing phase of his
Tyner murder trial.

The district court summarily dismissed
this invalid-use-of-confession claim on the
stated basis that “[tJhere is no reason, and
no precedent, for arguing the confession’s
invalidity for the first time during the sen-
tencing phase of a trial for a subsequent
crime five years later ... {rather than] in a
collateral proceeding directed at those prior
crimes.” On this appeal, the parties have
joined issue on this threshold question of
the habeas court’s power to entertain this
claim. Because it is a difficult issue with
broad and unclear implications,’ and be-
cause there is an alternative basis for up-

holding the summary dismissal, we decline
to rest decision upon the district court’s
stated basis for dismissing the claim.

To address the alternative basis, it is
necessary first to identify the exact nature
of Gaskins’ constitutional claim. We take
it to be that because the earlier confession
was coerced, hence involuntarily given,
hence unconstitutionally obtained, its use in
evidence in the sentencing phase of the
later Tyner trial violated Gaskins’ eighth
amendment right to a “reliab[le] ... deter-
mination that death is the appropriate pun-
ishment.” Johnson ?. Mississippi, 486
U.S. 578, 584, 108 S.Ct. 1981, 1986, 100
L.Ed.2d 575 (1988) (death penalty predicat-
ed in part on prior conviction vacated be-
cause coerced confession violates eighth
amendment) (quoting Gardner v. Florida,
430 U.S. 349, 363-64, 97 §.Ct. 1197, 1207-
08, 51 L.Ed.2d 393 (1977)).

The claim is rested on the undisputed
fact that at Gaskins’ sentencing hearing, a
state solicitor was allowed, over Gaskins’

timely objection, to read portions of the

collateral challenge to validity of prior state
court conviction invoked for sentence enhance-
ment purposes).

if theydkiia {thie Bar
off. 7, : They

, @was damming.

v® months er!
‘re that sym-|
weuaiiy wreb

the chif-
being for-

ef your
. quarrel arith
ta. dog In
il] be with the |
n’t-.m¢an to:
ildren, never- |
Dsas.
nger because |
sed aa can-.
Men sre not
“gues, ‘" be--
Xpect wa be.
xilled: 9°
e fougnt in,
iw. and<“five:
im ite we
‘and. bloody
rte State
at omen : BTC

saels Of ten
murdered. in.
2? -emonths:
thet DeCenRe 2
ards Giscreet.

ietinis.

w=evieted. apar, LC aren. no a wth naire ether veal
“taken this

‘ entertained a number. ‘of: ther . ‘friends

Saint Helena today: ‘by their te! lativ : Se

or the marder of Jy Re Cooler. :

ine. ‘Batceelder | “Ale ae » jpat into. this ampaign site: larger eubecription fist. :
| Georgeia Grofut and Amy ‘"Maracher:: |at: ‘the .closeof the contest. =. «ft being: understood, : however, “that |
Measre John Wallaee .and Lamar inner of ‘the automobile will not receive this commission.

The Gerette has had e larger namber of subscribers the past ‘year t t

way

: ever before; But it ebould be larger ‘and 2 have.
Ries Warn Entenstains.. Tqetting the ancrease by dividing ap the receipts with my helpers,
Mise Deiey Varn v aelightfully at orts of. werkers in former contests are pperecated. and qi am eure. at
os rt! = 4 will pen out as aoa istactority this a, = “

‘with a most emjoyable pesty at: cher | >
home Monday evening. in’ “honor.” of |.
Miss Gretchen Alice Jones of Abbe- |

N. Christensen,

——ae ee ‘

eee arloston.. s. Cc. Bepis 1st., ® 1913.

ville. who ‘here “visiting: her. | = es i = 57
u Se Buick Runabout No. 15753-1 for six (6) months agai
Music and games were ‘indulged in, “207 defective anaterial. | The selling price. here of this model was. $1,

aad enjoyed by ‘all as the hours equipped, this being the cash price. . It is one of the early 1913 mod

peseed as if on wimgs. The winners “engplied with dhe 28 b. p. break test motors that have given five perfor

of the two prizes offered were. Miss. ‘ance on the road.

Jones and Mr. Dam Walker De-.' . _<*This madeine oa used a few eke ‘by ry :
prominent ° oysician.

licious refreshments .of ice. eream, ‘ Charkeston!. ‘who decided to get a larger car, ‘and we have examined it’

cake and candy were. served: cd@oring:. ‘every detail befere re-selling: 4t for him and find it to be in, excellent ¢

the evening ee Mies Varn te, cher” dition... It has an .onusually smooth, quiet runping motor, and trom
guests.” os Sia Ee operation ‘here: under our observation: we know | aw owill: Rive entire aR
Those none on’ thie most « “enjoy- ‘faction in “the future as. it has in. its fret test. Pye peat ae
‘able occasion were: Misses’ Gretchen Peo she: i ehrny: eset Mig. oo es ee oes
Alice Jones, - Daisy ‘Varn, Georgeia ase Aes Oe ie pele ces, Rast, Manager... i *
‘Crofut,. Catherine’ Batchelder, Tepes Fe a Sse ase Ea oe a “Agents for Pai ck “Mot am Co 3

and Hedda Lomberg. Lily May Cum. Pena ietasua re Wes ney cman a
mings, Merle Gray, Calne totik ot -
Hazel Varn, Sadie Sanders and Sallie: 7 sae

. Heyward: Messrs Harford. Eve, John’.d.
Marscher, Heary’ Lanneau,: Wight-. | od
man Watson, Edgar Fripo, “Joe. and a
Dan Walker, Jobn “Wallace, amar ie a
Carson, Geurge Watson, Allan . Paul,

Harold Bristol and Rivers, Varn.’ ou { J
—— 4

- Electrocution of Murderers’,

“The bodies. of ‘Jasper: Green, and °
David Reyrolds’ were taken - over: te

They were. electrocuted atthe “Scat
-Peniteatiary. in. Columbia. ys: eTua

pas seat by
s and shippers
lights be
Brickyard

, Inspect-
District
ction in the
the petition-
made by his

blish ean un-
ight at the
eek as se0oR
rent can be
eason of the

OO ee A A TE

-. Beaufort. S. ¢.. Seca * 5. 1913

‘School House at ei

Work Now Finished os ‘Basement.
to Prevent Flooding.

The contractors who have’ been

working on the school house basement '
have finished the job, and it is .ex-)

pected that there will be -no more

trouble during rain storms from}
flooding of the ‘furnaces. ‘Since the

building was completed there has
been this trouble about flooding and

an attempt last sommer under gener-
al direction of the architects failed.
‘Mr. Danner, ;
chairman of the trustees, has persist- :
ed and employed the Standard Paint |

to remedy the trouble.

Company which uses a cement water-
proofing called <“‘impervite’’ and

, fone a thorongh . job. |,

‘more tg it than applying

this material, fer the two ‘furnace
rooms have been enlarged from 6 ‘by:

28 to 14 by 20 with offsets and deepen-
ed eighteen inches; this gives mech
meeded room, “oth for present work-
ing about the furnaces and. fer en-
largements. The corridor, 8 by ‘98,

(THE ‘BEAUTIFUL BUICK

70. ‘BE GIVEN “AWAY

- Gazette Ss 's Popularity’ ‘Contest Has Arrived

Contest to Be Conducted Under New “Management
‘The Cut Below Shows an Exact Reproduction
| of Car That is to Be Given Away.

ThE GAZETTE ‘will conduct a new subscription contest in , place of the |
one which has been ‘conducted for several weeks for this paper by a eonscet |
company. . This company voided its contract with THE GAZETTE by re-.

fusing to supply for a prize the kind of an automobile that it agreed to
furnish and advertised to furnish, and I am not willmg to stand for such

substitution as it proposed. So 1] am going to start anew contest that
the most generous in its terms that has been offered in this county.

“The Prize.

pay a BE. Pie we APR Cet tne sone

| hough it wasn’t Saturday, or
salesday or circus day in Ander-
son. congestion on the hitching
lots and the crowd on the streets
r attested the approach of an event
- of more than ordinary signifi-

cance Since early morning bug-
gies and wagons had been rattling
ing into tewn, some coming from
the outer reaches of the county
and from across the river in
Georgia. Now it was a quarter
' past 10, a matter of critical con-
/f cern in the rather limited
; career of Oliver Greer. He had
reached the final hour of his life.
Outside the jail stood a scaffold
from which dangled a noose—a
poose for Oliver Greer.
Hangman’s Day is what the old
timers called it, and they were

wre

man’s Day be on a Friday the
13th. The day at hand was Fri-
day the 14th, less than 12 hours
removed from the time-approved
date. And as for the exact date,
{t was March 14, 1902.

THE IMPENDING hanging was

PER PES ee,

‘fore another murderer was to be
j condemned tn the local courts and
f isentenceu to pay the supreme
' lpenalty, the electric chair at the
State Penitentiary in Columbia
- |} Would have taken over from the
,| Boose. :

Oliver Greer was a young Negro
from near Belton. Though barely
i lturned 18, he was six feet tall,
weighed between 150 and 18
pounds, coal black, fairly intelll-
, sent and unusually mature for his
‘age. On the afternoon of Decem-
ber 8, 1901, Greer assaulted an
EF jaged woman living on the out
e skirts af Belton. Later the woman
* lerewied and stumbled to the

it appeared in 1902. The
Green,

abandoned more
Collection.)

the preacher’s voice could still
be heard throughout most of the
jail. :

Not long after this scene, De-
puty Dillingham went to the cell.
Greer then repeated 8 full eon-

fession he had already made to
Parker. Thereafter he appeared
resigned to his fate. Each day
he prayed along with Parker.
asking his sins be forgiven and
that he spared the ordeal of

THE ANDERSON COUNTY JAIL where Oliv

on March 5, 189
alongside, was sold to J.
livery stable. The jail building pictured
an three years ago. (From The Independent’s

oe Anders +) Trdependedrt—

nt ee nat 2 a
‘ : ‘

er Greer was confined and as
‘ail was completed, and occupied by Sheriff Nelse
é. The old square-shaped brick ail, whieh stood
S, Fowler for $350 and materia used to build a
here, considerably’ enlarged, was
istorical

1
||

door. “Tt is that time,” he said,
then read the death warrant, The
instant he finished, the Toyh
Clock struck 11. ;

The Rev. Copeland and Greer
knelt briefly in prayer. When

Greer arose, Deputy Dillingham
was standing there holding a

black, shroud-like robe. “Put #
on,” he said. -

Perhaps a minute passed, then
from out in the corridor came ®

The Rev. Copeland, Bible
hand, moved from the cel f¢

handcuffed behind his

rectly in front, walking slow
was Sheriff Green. Deputies Du
lingham and Allen fell i behitd
the prisoner. As “.c svlema pre
cession moved out of the side
door of the jail, a deep murmur
rumbied through the crowd, pune
tuated by several shouts, a shrill
outery and the yelp of s SN
The procession mounted the
lows, Greer taking his stand ak
most under the dangling nooas.

“OLIVER, have you anything
to say,’ inquired Sheriff Green.
“No, sir, nothing,”’ reptied the
Negro. He spoke in a low tone,

most self-possessed man is the
crowd. His eyes were fixed tg
front of him, but several

dver before him and at the rope
dangling from the beam above

“Oliver, you can state if you
are ready to die, can’t you?”
asked the Rev. Copeland.

“Yes, sir, I am ready to die,”
replied Greer. “I believe my sins
are forgiven.”

‘Are you trusting in Chrtst.’’ in-
quired Rev. Copeland.

“yes, sir, I am trusting in him
‘and him alone,” replied Greer.

THE .CONDEMNED man then
indicated he desired to say noth-
ing further. Sheriff Green stepped
forward and pulled down a black
‘cap over his face. The condemned
man was then moved backward
until he stood squarely on the eet

nodes

against the side of his jaw. Kis
| feet were then bo

banding on wather

single word — “Now!” a

lowed by Oliver Greer, his
tack oe

but his voice was firm. From all
outward appearances, he was the

he glanced curfousty at the trap

beeen Pog ot gees tee Fr -
‘would have taken over from the e preacners voice coud sun
' noose. : be heard throughout most of the THE C ‘man

' Oliver Greer was |
‘from near Belton. Teeuwen barely
(turned 18, he was aix feet tall,
‘weighed between 150 and 160
i pounds, coal black, fairly intelll-
gent and unusually mature for his
age. On the afternoon of Decem-
‘ber 8, 1901, Greer assaulted an
‘aged woman living on the out-
! gktrts of Belton. Later the woman
‘erawied and stumbled to the
‘home of a neighbor, who spread
ithe alarm.
i The great body of men search-
‘ed through woods and fields all
‘the night through in quest . of
Greer The fleet-foot Negro eluded
‘his pursuers, only to run into the
| arms of Deputy Sheriff J. A. Dill-
j ingham shortly before dawn. De-
. puty j immediately
‘headed for Anderson in a buggy.
urging his horse on by applying
‘the whip. By the time the main
‘body of searchers learned Greer
‘had been captured. he was se
‘curely behind the bars of the An-

Negro} j

all

puty Dillingham went to the cell.
Greer then repeated a full con-

fegsion he had already made to
Parker. Thereafter he appeared
resigned to his fate. Each day
he prayed along with Parker,
asking his sins be forgiven and
that he spared the. ordeal of

burning
Hades so vividly desrribed
the old Negro preactier.

A TERRIFFIC electric storm
ushered out the month of Febru-
ary. It struck at night, bringing
wind, rain and window-joiting
thunder. It was worst around Wil-
liamston, were many buildings
were damaged by the tempest and
pait of the hame of Archie Cox
blown down. ~

As March progressed and Hang-
man’s Day approached, the wea-
ther remained warm and heavy
rains continued. Farmers became

Not long after this scene, De-

eth i

OLIVER GREER, standin

the
morning of March 14, 1902, makes his last state-

ot; the gallows

|| derson County Jai’,
restless, anxious to get along with
spring plowing and planting af
corn. The Savannah River roee

until it was over the rope at

ment. Next to him is Deputy Stjeriff J. A. eae
ham, later chief of Anderson pojce. At right, jBib e
in hand, is the Rev. J. O. Copeland, the condemned
man’s chief spiritual advisor, He made the final

the trigger, the trap door flew op
en and Greer’s body ghot downs.

| GREER DENIED committing
‘he crime. He was brought to trial
‘tn General Sessions Court on Feb-

,Tuary 10, 1902, Judge Gage pre-|p ‘s Ferry: and downstream te
| siding. The court appointed J. 8 ates Sere downsi'wem| prayer. When he said “Amen’, the trap sprung cous e :
|| Acker efend Greer; Solicilor!a, high. and Greer dropped to his death. gay mall a

‘| Julius Boggs conducted the pros-
- ecutfon. The victim of the assault
“iunhesitatingly identified Greer 3s
‘iher assailant. A verdict of guilty

"i wag returned by the jury in exact-

Hangman’s Day, as if by spec-
ial dispensation from the Weather
Bureau, dawned bright and clear.
Merchants placed peanut parch-

as a heavy door swung open to
ne Rev. J. O. Copeland to
Oliver er’s cell. He had been

there .@yeral times previously,

at the Anderson County Jail, an
excited crowd of men snd boys
was rapidly gathering.

Glae See ey a a a ee

ie Ge ciqutes. Judge Cage then|e ons bags of seed potatoes! On the porch of the Garrison a cond 's chief | muscles.
eee ae deere ae fo ee ead =piriisa Saas ee Rev. Cope-|minutes, Dr. Louis Gray and Dr.
tows: A sapripen farisl aie PusohER weather prophet, prophesied |Jand asked Greer tf he had a last|B. A. Henry came forward, listers
| “The judgment of the law is aa euiet of Poll Luci Mur. more rain was in the making. /request. Greer asked for a pen- ed for heart beats, then pronounc-
‘| that the Sheriff of Anderson Coun- re ef ces “7 The new moon was like a bowl {cil and @ piece of paper. When ed life extinct.
‘ty do take you, Oliver Greer, back phy mobilized his eight-|o¢ water, he said. When the bowl! |these we@# provided, Greer slow-| Twenty minutes after the trap
‘to the common fail, whence you|™an Police force to handle the| rested on its back with both tips|ly wroteg was sprung the body was cut
‘earne, there keep you in close drunks. pointed upward. itt would hold| ‘“OlivesGreer, to my Dear Mo- down and tn a coffin,
‘confinement until Friday. 14th water. But when it tilted with one ther, Salg Greer. which was behind the gallows. A
ay of Maret) ALL ioe, oo| INTO THE Bank of Anderson | int lower than the other, wat-)‘‘Andersg Jail, March 14, 1902. messenger was then dispatched to
‘which day between the hours of at 9 o'clock that morning filed |¢, spilled over. As of then. the} ‘Oh, and loving mother,:|tell Greer’s mother, Sally Greer,
10 am. and 2 p.m., at a place J. J. Fretwell, J. E, Breazeale.|) oa) was tilted. Thus the rains|Please dyn't grieve after me for she could come and get her sons
iprovided by law, for such pur- P. K. McCully and B. F. Whit-! onq continue for another two) am paging the penalty due me|body. She did not witness the
, Poses, and in’ the manner provid-| er. They were with | weeks, throwing farmers behind |for the | » I committee. Tell|hanging, but waited patiently sit-
ed by law, the said sheriff shall building a railroad, not the | with their planting them not to grieve for me.iting in ac back of O. D. An-
then and there hang you, Oliver|hanging. In the bank's confer-| From a little photographie stu-|I am regi to die and leave the|derson’s store.
\Greer, by the neck unt] you are| ence room they entered into Pro-|aio obliquely across Main STO | TOM, twill soon be in heaven| The coffin was in the. ‘
idead, and may God have mercy tracted negotiations with Freder-|trom the Garrison House, & man|now. Reg Parker and Bro. Rut-|back of a wagon and was on its
‘gn your soul.” feck A. Johnson, the Chicago PTO}, cared lugging 3 big camera ledge anj Bro. Pinckney and the| way to Belton within an hour af-
moter, and his associate, R. EF.) on's tripod. He was E. M- Snipes, | white ters of the Gospel havelter the execution. Greer’s mother’
GREER heard this pronounce-|Mambly, af Clayton. the photographer, and he was go-|been yefy kind to me. And Je-|sat alongside the driver, singing
ment without visible show of| Major A. R. Broyles, in dis-ling to take pictures of the hang-{sus, the] Son of God, has saved|softly to herself. Uptown in AD-
emotion. On being returned to|cussing events of the day with J.ling. His appearance signaled the|my soyj/ from endless death, dereon, the dispensary did a land-
fail, he was placed in a cell with}M. Sullivan and M. S. Dicken|orucial hour was & hand. The “Oliver Greer.’ | slide business Fant's Fish
one W. KR. Parker, a Negrolafter purchasing a cheroot at | crowd thickened. People appeared] As cReER folded the note House sald completely out of mul-
preacher convicted of forgery.|Wilhite’s Drug Store, recalled @/in trees near the jail, on top near | Sheri¢¢ Green appeared at the cell! let. :
Early Friday morning, March 14.| story related to him by his grand-|/py buildings and even aop| — -——-——— ——
‘Deputy Ban Allen was attracted| father about the hanging of Tom | stepladders —_ all striving for a ms
to the cell by shouts of ‘‘Halle-|Robespierre in 1804 near the | climpse of the execution.
jujah!"’ He found Parker. undis-|present site of Starr. Robespier-
i Fe eee rors el ' ‘ Be be el ante oO Aste <tA ee a betes che | F

Metadata

Containers:: Box 35 (2-Documentation of Executions), Folder 13
Resource Type:: Document
Description:: Sheldon Gainey executed on 1954-03-05 in South Carolina (SC) Lander Gantt executed on 1954-03-05 in South Carolina (SC)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 26, 2019

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