Recognizance—D. & J. M FAUST, Printers.
; SOMEeePaDOLINA. . Fee
| Satrsele District. |
Uk 2%
‘ a IT REMEMBERED, That on the meee Le
(Ot che - ae in*thict on of salvo one thousand eigl it
— zy = ; haselrod and - Tube sad te
Sen a ee
ahs
“that 3 is to say, the said ponieveen
"in the sum of are 02 ) DL. ‘eae
‘ind the ‘said SA LoL) i eer Li ie
~ a Se “in the ae of TSeare- IIE IS Lo penn alae
to be levied of their several Lanils aid Tenéments;:
zi Goods and Chattels respectively, to and for the use of the said State, if the above:
‘ mentioned a7 s2e2rceg: AL Lele
tne shall fail i in 1 perform!
ha kone ing 1 the condition under Written. tas aS ie | ORES
oe ee: The condition of this Recognizance i: is such, 20 :
, | ThaiRUEWDrc bound -Azeqpec v7 ad AL 2 ; wy ee
4°- "ete. shall personally appear before the Justices of the State aforesaid, at the next Court of
Bi, General Sessions aa the Peace,
i to be holden at the usual place of J udicature ae
a ee Ge -on the Alla to i As nday in:
fe weet 7>_ “then and there to answer to a Bill of Indictment to ‘
, rr sab ha _ Thactesel Sac cle Zon Zi 2 mem Fe
Banittrerrivrairhat-sh P
Sea GE AEB Re a then this Recognizance to be void, or else to remain in °° #
By full force and virtue ot
: Talcen and acknowledged, the day and yh
year above written, before me; a
' '
Ly "
a ;
A
/Y6
ne we = a “tlh ne me Pl Re Se val
JAMES, Benjamin
Black, hanged Marion, S. C.; in. June, Dr ise. See
card on brother Richard James, hanged 11-25-1881.
13-18-1881-Richard and Ben. James, colored, were convicte
at Marion today by a mixed jury of the mrder of D. W.
Harrell in August last, and were sentenced to be han-ed
on June j. Louis James, the third accused, was acquitted. '
NEWS, Galveston, Texas, 3-19-1881 (1/6.)
JACOBS, Sus, black, hanged, Darlington, Darlington Co., April 26, 1901.
“HE DIES AT END OF A ROPE.
“Assassin Is Hanged by the Sheriff in Carolina.
“BLEW A MAN’S HEAD OFF.
“Negro Lawyer Defended the Prisoner and Made a Hard Fight for Him.
“Columbia, S. C., April 26.-Sus Jacobs was hanged in Darlington today today for the
assassination of John Boyd, a farmer, on the night of May 28, 1900. Boyd was preparing to retire
when the assassin poked the muzzle of a shotgun through a broken pane of glass and blew his
head off.
“Some time before Boyd and Jacobs had had a difficulty, and the negro was arrested on
suspicion.
“At one time he made a confession, but when the trial came pleaded not guilty. He was
defended by a negro lawyer, and was convicted. Jacobs was sentenced to hang January 28th, but,
pending an appeal, the time of exedcution passed and he was resentenced at the court that met
last month.”-Constitution, Atlanta, GA, 4/27/1901 (3/4).
JACOBS, Sus, black, hanged Columbia, SC on April 26, 1901
HE DIES AT END OF A ROPE
Assassin Is Hanged by the Sheriff
in Carolina.
BLEW A MAN’S' HEAD OF?
Negro Lawyer Defended the Prisoner
and Made a Hard Fight
for Him.
Columbia, 8. C., April 2%. —(Bpecial.)—Sus
Jaccbe was hanged in Darlington today
for the assaesinatlon of John Boyd, &
‘farmer, on the night of May 2, 1900. Boyd
was preparing to retire, when the assassin
‘poked the muzzle of a shotgun through &
Droken pane of glass and Dlew his head
cfY.
Some time before Boyd and Jacobs had
tad a aifficulty, and the negro was ar-
rested on suspicion.
At one time he made a confession, but
when the trial came pleaded not guilty.
He was defended by 4 negro lawyer, and
was convicted. Bags was sentenced to
hang January 2th, but, pending an abD-~-
real, the time of execution passed and he
was resentenced at the court that met
last month.
( © NSTITO THO J
tate GA
secinicseenanstncispiaas sian satsts on
Lo Lo ee a a ex J. FIN AAR
23 yh ae!
Pea, : 5 ee 4
GREENVILLE, 8. 0¢ FRIDAY MORNING, ALGUST 2 aS 1tok : re
ae
totDBR—HENRY JONES ET
= — (Speciul— Apmed Men Guard Jail at Pick- :
ered upon a ecarnie: aS oad | dont bit prod yo
cha the band-weelets ens to Prevent Trouble . slog J tt
Lacity police during. bon . —_ the
. louks re. much | Slayer of Constable at Easley Will Pay aM)
horrivlé murder! — fal
~~ et ee a RE en a ee ee le -—— Cee ge oe ome ee _
COLUMBIA, WILL HANG TODAY. + REACH FORASTAR. JON'T
re ! oe Th. Yaw Rack -
6-10, $70 ¥
ed within the city i the Death Penalty---Governor Arke wid
there nas. been no! “_ed_to. Order Out Militia in_Ylew of gah
Shealey, a wifite | . |
en years of uage,| Threats Made by Negroes, But This it j
rning near the sd Was Not Done--—-No Indication of le oe ab
Piyiriegiiaed the city, a wt os x Po Vere —wirere ine Tandalide oes] ree ee fet ame chatolig
ribly crushed and Disorder Late Last Night, (Curren Ss 4 point between Melrose Prepared. have such a dot
ack to his ears. | = fand siouia. No. M4, which is the ae Py abut su dither.
1,150 Olympia ave- wore: trata from Asheville was ; met. cand othe
r here agree 4 }+—Piekens, S8—G,,—Aug 25.— (Special) — SOT re nei and Hewes held —phreantvisory art at he Wore Patt ss atte he
1 a emy in . . h urder- ,tliete oul) transfers could be m ; es oe ; ' We such +
are-at-thesosieers Tomorrow Henry Jones, the murder. hh se-opernadd that sae ih lanes Missionary Union of ‘the Southern tang vay oa
o ones, will}. . , . oa
stsed the deed. ier of Constable Columbus Jove Vy com; puss plans to continue trate | Baptist Convention, charged with Vet Vears, 24 to 60 Ce
Smith and J. M.!pay the penalty for his crime. Hejfon te.’ ire to transfer passen-{duty of selecting a@ site for the home. ce
te mea, havesince! will be- hanged- in-aceordance with gers vdzvave upd mails: at~ that fox twtastonartes chiblren” si LOY-
Se ee eth legal sentence of Judge Town-|/point avi detouring freight: trains
there and} ut Asheville,
ts yass 1 gu, a _ : “Din . ,
end, passed @ month agu, and: the =The serident will bring abourcon-|"“Dunean,” at the corner of Wuther-
has cle.”
cided on the Smyth place, Known us! toa mane,
er, eatne from the
a
norning ane men:
heir lines, and on}majesty of the law wiil be vindicat- [nidera: we inconveniences and delay tford and James streets in this citvs"
doothe body sur-: * th passenge !
ral nedcia’ wo} ie ; hick : a mira! Tssengers eh ae Kafroad) Negotiations are pending betwe re3
eee : i The erime for. which © the negro | *) out every elort wi 2 ne P 2
- only motive, = made to -lear the track as soun a3) DT: John H. Maxwell and meéember< +. .
-} .¥ -; re ° ‘ "
_passihly whe Jones is about SE ka bint ire Udo _aunl ine the - megnwhile the!of the-advisory committees In Green-'
; ihitted on=sune 7. ~He-escaped, ba ~ , P
yt bet ot a Band. [zaitte capfur av ais. later: th yhHecessary transfers willbe’ etfected !ville, and ina few days it is proboaint eo Mea are et owe
Was ept-—in- thet +arith: ae it tie- 3° “ti sclreum-: : ae re | re
, . iSpartanburg. .For three days he wag! crane air ssid of time-as clreum [it that this beautiful place will juss oo on Vassar sre
i, > sheriff_adnd4confined { in the jail ‘in that city andj “ : linto the hands of the proper-szathuri-; 7"
Di Dae s _ and went:thea brought to Pickens for trial. ; PARKER WORKS ON LETTER. \ties for the purposes specified. Thy * Gk
wns taken.to the|/A fair and impartial jury was drawn | er b ee: nies’ tei
its in the mill dis-j224 the trial proceeded, resulting in! ~- PRICE BRS Veen! agregy. Upon aBl WE ye! ene hens
search was @om-|the conviction of the negro within! Document Will be Made Public ee een ae the pa-!Counterpanes
| : .. i
rty or parties. The less than an hour. . “9 ; ‘pers and deliver them {
as” asoe ae 5 pos-1 Certain vague rumors and threats i—---- © mepieinee, 1, 4 Those having in charee this enter! WE CAN’
r : . a =e i eae. - oon oS Fs ’ hls e& -: 4 hc
nt the ofticers are have reached the ears of Sheriff Me- Baers. Nar 25.— Judge Parker tor prise are to be congratulated upon} e ows cee
murderer. omivlal A az ie Ragas te take (OOk Worked oon his letter of accept: | see uring this desira tyle 3 roperty, eon. )aur Suit Cases a:
- Pe r av )d : ? foe
Srnewera. ai oud-mouthe negroes sh JEM vn tanee of che pomindtions whieh wiltrsistina "of the residence. ‘outuouses | <n of often £5:
jheard “fo~ Femark ‘that. Jones will \ : ; rt : he , sot
-_LEN MURDER sett . . . yiand six acres of Jand. The home wags ithem at reasons
l pewer hang. While such talk is not | be Made getoalie ahbeut September 121 < ' Trunks $2 :
; thuilt by Capt. Ellison A. Smyth. prese-; Trunks $10) °
~~ e taken seriously, Sheriff McDaniel, to!or as. Vie letter will be printed iN fide nt of the Pelver Mam Matturing r} Suit Cases we ge
tabeas~ Corpus ‘he omthe safe side, sent a telegram ' pine, and it is expected proof;Company, and was his residence for!
7 Newberry. » ‘|ta Governor Heyward last Tuesday . eit", woSandy about september 5. [several Sears,’ It contains ten ronal vi on
“at sasking that a company of militia | Mawar) Taylor, of New York, whojand has all mestern conveniences, Ine “hy wth :
aa (Specal.j=7 he_ ordered to guard the jail tonig ght" WAS oe ot othe organi ners of thele iuding city fer bath reams and! Fine sik *
writ of habeas!and tomorrow. However, Governor: parker Constitution Clab ‘spent the tn il execien. cen tiiile, ot Penta,
: ‘ : . d aseitutiar ae ‘ . wing 3 woe. . oy swide, ar 28 cents,
of the State vs. | or ete net think res ih oe afternoon with Judge Parker today, | It bras met teceiy sdeedleid cer when | Sh trek heehee #
. ’ ’ . . ‘ . ¥ . we ae DMD .
al with the wurd-: ph Tif MeDant 1 ta heel Jnstruc pes idiscussine plans for the enlargementjthe home will be opened or the oe
sh .Uylumbia ~ On ; per! eDaniel to deputize eee Me al the scone of the clip. Tt ts ex-feeption af the ehildren. oxr WUNDEL
ide WA afternean; TUMy en. to -eexent any emer pected tharas the result of the con-] This home is enade possible tay the
° |
that might lhe made to attack the: teren,..
CU. W. Bishop, be-i: i] Vi! te “the cond 1 ; eld will take an vad-
3 » eos
« Dope.. Messrs., ail and liberate e condemnned ne- | Vance! position on the nat ional cam-tweman whose numeis unknowns, ambiertens atide Pron d
ind Cole L. Blease, oe i paign. : wil) not be known. She made the
indatt, moved for | eThese-instrnetions Webh OP inest- f, Judee and Mrs. Alron B. Parker. [wil for the purpose of founding a
iarge of the pris-: Site ae, oe pabded mn = aH ben, will attend Enenville Fair on August{home for the celildrea of Baptist
were | submitted oe aah hele mer the conn. (ab agthe fair grounds are very near/ missionaries, both home and foreigay
was in Newberr wate) h threngh the nigh ee ith f | Accord New York, where Judze and| whose parents wish to send their
ron ob hagust 1 tv jail. where Jones lies wai ing *0T | Mrs, Parker. lived _ several. _ Years. |chillren- away from. their. mission
cht with “felenits the eNEE ution of the’ death sentence. There will be ono poli tieal speeches | tields ted Tore edueat ed,
le the murder is | At 7 o'clock this evening every-| made on this occasion. Judge Park-[| Farman University and the Green-
occurred in the} er's-letter of acceptance will not b° vijle Female College each have agreed
, : Un pt ted .
wenerotus houation of Spite tye pLadies Girdle Corse
; .
thing was quiet and peaceable. and
jate. Affidavits: there is ‘not the slightest evidence of lissued until after that of Presidentlio give annually ten se holarships an
: r 1.
om Richard Allen, apenas oka trouble " spi Anal { Roosevelt. tate retter tr the Demo! the children of missionaries. The
-*s wife and *Lula: ‘eratic-candidate probably will not belhame will be in charge of a ‘moth.
showing that she; ‘MARKETS WERE “WILD. imade publie before Sept ember. er who has not vet been appeinted. |
now at the home! - ~~ | The names of the local board of man-4
both, 3..C. The; Big Advance in Wheat and Cot-| SENATOR LATIMER TO SPEAK. Javers were published a few days age, |
nted) by Attorney; t ; k, { The institution is to be supported by |
. ied : on in New Yor j — Ae e a* PT tnt nee” Tntin vl
ter. { | Will B in Worle O 1 the Woman's Missionary Union of!
jinued uontil’ Now ~York,” riers 7. 55.—Every ~ one {- ! egin Work at Once in fg the Southern Baptist Convention. !
4 : terest of Judge Parker. ene we pe Tvs sda a8 ation af Rt POLIM MD Vem faace ‘erppeed j
P< en FE oe
t 4 o'clock: vag again uncertain and excited- at .
ae by the union ar its meeting in Nush-,
the opening of the cotton market to-} _ Anderon, Aug. 25. — (Spectal. rp ville Inst May and at advisory board |
wT ty take steps looking |
‘ply to the
{oy counsel for| Sam °
was Adiveleiad sibiag Hagia The opening was weak, with 177 ee neks.-2Gs- Se balae.. Ant ail waslappain?
os 1
~ 0°30 points decline. It was reported ' jmer offered his serviews during the ta the leeation amd opening ef the!
{that the bulls, reinforced by recent peampaign to Judge Parker the Déem-Thomes Dae netice was given ated ape,
\“ AMBUSH; thandsome profits, were determined "hcratic nominee Thi te Chair iain CRE werr: “taetied = iret the }*
é : « -——— —- - - riz? td tAaves ‘Weog 7
ite undermine further short aGCOH RSD, ay wgart of the national commitrea, | 2oeehs a umber of piaves mint vie
pls vation. and affer carefully consid
_ |
lary ShotCead gressive support “and further Cover] | Tla-received. a telegram menene enact ia ering atl the iter cP emi ihe Ww: ta ee
Bandits. ling rallied prices to ‘about last night’ ging his offer and Inviting him ta des] selected Members of the wdvisory | stat tienen
. > level. After this there = was great Liat ‘liver ano address "Tar Dridgenort.eommittes visired this city and. afte
S letall af anti¢n Fe ee ee ea tk areas a) ae See 4 . : aay a 4 '
ae ha
Avie EASIEy ~
roAress
u ednesday
<Se weer
feb Fee at
REA8, SLE: =One= Wood
uideRake. “Por sale chenp-—
T. P.O! Deliv
aos
,
sues aaaile dee sage
= dae
afer pots es gees te? et es
a te a onward “sa
Sa, pe el = ftenry Jones Hanged. ete meee
==} Tey; Joneses “the Marder | of
Goustable ? “Columbus We “Jones,
OTE |
shises wr -
3 tai-
a seo semetes Fand:
< 4 t
38 “speiidiiig |
ee pee:
Jew
mn Lonvisle,:
3
with her Sather, Mr. Riek: -pmorming.
<8 « o
ahandt.
a PS. feat a chile
fy Washington, W. C.,-are
if awhile with her sister,
ion Robinson. - 202378!
B.. Holder. waa ro-elected
Weigher’ at’ Pickens, Jast
y handsome’ majority
*
+. rote
was, Banged? ay Pickéns:a-Httle!
alter: ‘eleven “0 clock: Jast: Friday
"Tle aroso early. in’ thie
morning, afe a Rearty breakfast,
ant dressed himaelf for the gtave,
About thitty minetes: before the
time’-for: the? ex ceention, Sheri?
MeDanioly; Reve: Des Clayton and
two or; ‘three “othera*: entered his
cell. to huld--religious.« services
‘After. reading some selections
from the Bible those prexent sang
“There is a fountain filled with
itwe ‘Onpanents.
» Wangetets ef Une (Son: i
; sny der, of wi 0 ford “Col:
It deliver rin public address
, at 8:50 o'clock p. m., in
Ea school chapel at Lib-
resident Suyder js one. of
ict instractive and ‘enter-
ieational ’ speakers. of
U All schools and teach-
yell as’ the. general | pablie
ited o-Ps 30 “
‘and Mra a “El 1s oF
Ly Pera he: -MATTIAGE 7
¢ daughter, Sisa “Emma,
Arthuco W itherspoun, jl;
stu tuke place early j in the
he bride-to-te isthe grand:
er of the lete WAT. Ki
,
3
ia
Meee
city; and. the groom: -tu-be: ye
|
connee-
largest dry
ay Vears.
tianta bow, being
hoon the
OuseGs there for
oo alllee Devil’? en:
> fowe a fow morhings aly )
Uthat Mr. J. 1. Camp, the
depot ieent., Was tise
roziale wid happy man in
Ife would deliver freight.
vopedph and naver ask for
* bat hurry back
mattiny and jig
ublaby, nit it's afl
hoy arcived oat. His howse
i pide,
of
°
ne Hi
Ss
t 1J-
Serediee
uf
’ ,
’ ’
dad's pets!
cysed (enti the attention
rts ter thee wee dope oof ye scents ur
i
recap eho dh Onaat the!
&eplous didkeulties with
eaehers Dave to contend f-j
a
imity. Ifo th
could
Nalress
tt los t days ed
}
’
he ean puted
g Wad ReN Uaeeds weigeatat?
: this AWtentay) AUN
» 3D u'elock, at the residcues ey
Ne tos. Haceiwet. All mess}
asked t oy pee ase be pres-
jthe (rap Wis aU PUTS
1bavad. ee hath Vee Gonder d |
Wass Gri: toh Gy Minding qhe tam
ys Re Drei \? Wee HOR ARES
laging the prisoner tat in prayer
followed by an earnest anpp Nien:
tion froms Dr. Clayton. ‘The pris-
oner expressed himself ag having
made peace. with. God and was
ready: to die... He then marched
ty the place of execution, perfect-
ly calm all the time.” After. ng-
eouding the g gallows, the - prisoner
again offered another prayer, fol-
lowed. by a prayer trom Dr: Clay-
ton: “The prisoner then stepped
‘to the front of the plutform and
in ‘touching words he admonished
cdi torefrain fronv crime,.and i iin-
pressed upon: each never. to tuke
from _ nee that whieli the: cou ald
not t give mck. . = ses | oy, a Bp Meee
“The r oe Ww iol hung in readi
hess, Was placed about. his neck,
the cap’ upon his: head’ and face
was adjusted, and atit:10.0 chock,
us he uttered iris! nSt words, which
were ‘Lord have merey on Mite.”
r which carried
hinv into eternit
Elis neck was iroken by the fall
and after 22 minutes: Drs. Clay-
ton, of Central, Web) anid Bolt,
of Picke Ingeond Tripp, of Ander-
Sem. : pronou ard
rh} the
Henry Jones deadw. 7”
hody cf
: After th: :. hody Wis pineed a
the eoflin an tiie Bh piagea of
ie jaul, tine pri Lilie, phot 2 OVO bre
nher, were ot Heysed to puss by
bah view the cor ise
Sherif Ale Daniel was perfoutly
Calmeand never at aby time did
he show the least exeitement or
PE PVE Sry ted
Re oe ke i a
Nothing oa the Market Equal to Chas
beciain’s Colic, Chotera aad
Diarrhoea Rentedcy.
Pole Ante is well re Wi te drug.
tee yy brertee devel rita onrtial Cen
~
tts
ident Tesley Was present ated ate
pointed the follusinug
REUti adage + ’
C
wes. oi 104 itch. oe
Sua. Pep cacao - '
it Singing Ceayention.. A
aa; he Pickens county singing con-| Fe
. $ m jimcrehs snner
vention nieg.’ with “Cruss Reads ip nevivetion fer
Baptise-charolt’s ihe “second Satur- ten iy rg ee.
day'and Sunday in August. Preset eran peiaviy es
fare
@ae geeas lt
Ree dod we wher
tf «
to arrange vo precram: We. Deiat me -_
Day, 8 S.ML Looper and WoT. Ii.js NTE ete
Arinil. ° They Appointed ¢ he fal, t Por tails
lowing to sing. Foes gytasiites | phe POY oh yen.
+3 ' .¢ ° . ' jin Mites at ¢ ‘vat, tobe
loach: J.. T.. Chi! Him, Bo. PL! pe neertie eae
Smith, P: D. Daens. BE. Me Bold- } aa
ing aud J: F. Besley, tae the wiliHt
‘=. “A pourned fur dinner. 1” — Tears ib >
Ka-assem bled with the fellow. the oleate
fine g ee he Pye reams WoW New * ’ ma
ate Py They bese ce Ate. one A728. oe :
Ria HA BREN 9 win Dera OM akc
Pols y° . i av vad,
SoTs ‘.. Sha hati as
J.T. Onildress and) To Pl lesley!
ter ein ae bsabctastere,
Adjourned 1 re 0s oa seuday}
morning at 9 o clock.
Sreonp Day SesHt0N,
Lesley
do
ih sideut was present
ivr
order by Rev. Lem Preemnam.
Gin for fits speceti sais
FUCCOSS }hs nl
wo}
° ;
We were vers pea
~
hoy Ree See]
baae
coos} tin
ra | abas?
Cuurehe|es be presented, wetnic
be shane rest
. ,
ne extn eyrey.” hive
et
si
Lenre hivehonptead, Riad pec
es.
at
ifosxee on
peop he
ple ab doeertaiiiv ean nes
elifoy drimseit.
Lord eouty
ple, Convention
Thheeb pen
2s
inet
three te biiseess Boke mes pe ors
. Tisepecs eed t,
shea ds wae baa e | vd
ine
o°
> ‘ V. enege gee
{ ore | ARTE,
.-——- ED Cee --
ie 1O bet
'
af
setae.
ion
idge
rb bteee bey shy ds ‘
ae ae Oe ee
1.
WwewVe
vibes Neaytda cof ' “seb leestata.
SOUL at
Woeeowili woot
leeds Depiadetes, ners ys
Viverr. GWaoe tes
Qty thie Od
i
Overpass :
t
,
—
ae
,
4
i
Lire
Am ne ee wee ee mee emer ste ee ee ee eee ees
ae |
Suet peere
aid the convention wus @nailed ty,
H t ’ . of H er las v.* i
best pass tarvete rota bre ss
Cross [Dp sets!
. , oe
sk atbscls ‘
$ '
the: geend ts
herWaest | ae
Pe roe
eRe ay anc ata, .
Nt fice wobeyt
Sete dieors tater Tb wel!
(of Coruuer of
myserftyu abide t
primary.
[ jeseredoy sesatseots:
Coyouer Of Phek-
Mert jessy of bo tee waste
Ocrath? primacy «
Thereby satis:
ithe offhee of Corey
Jeet tothe tate iret.
Prey ee Yo
Weed fe “«
* Prograr m1: 3 tullo x. s : eof, - i the prim: ry aherart
Fo Smithand E. M. Belding tery, Checaebe si gite
- > oye an a » Coroner, ‘
sing for fifteen minutes cach. i aetleggaid bios fn:
‘Von. fT. J. Mauldin addressed : ereachine prima:
the convention on the subject of | Howse of
mnugic. After which Profs. Nor-| , { hereby anno
. ope for pee selection te
ris, Childress, Louper, Daucus andy itv. s from Picker
3 ‘ : 2 pent, oO ene , eH ta abade %:.
, | esky sang for fifteen mint ten; ! Maninees of tue
oF Kas 12 ‘ ~ ttbon
ad wie 1 Od pespaeet filly as
“Adjourned for dinner. 1 eae
“We had soue very fine minsie: ee :
‘ ‘ a " » Loser bostaad. tecned &
a fier lis shbatey ny Profs. Bake er i thse Dertuneeti etter y
Daucus, Srsivh, Lesley, Childress, ' 1 resjwesteily .
ee f 1, u in . date fur tines Peon
é yes tebies Cobai *. an chee be toe) ‘ nee de F
a pte TE OF et dpee peepee ¢ Pte Pestrit iad vu
if wyl] uv itt !, 7 tit H thre enss Jdecrreermag tae pearl
| Vette beedt that Wee thai vr. Mitil- Topeespeerdn tty
peta esl a attaasesh we
Hire Persie t
Noe Dhorager spite)
renjehog
'
{oN byevesebeer syesee ote
: °
4 . ooone
ti: Ldeeadss 8b bet
t=
Pheeet iv Seas bes
rah Pott}
tytoe
att
Ecatary Vasyin,
jot Spartanburg, bear the North
Farolina line. He is now in the
Clovifeds Spartanburg jail forsafe keeping
Vivian {and will be carried to Pickens
OWurei (next Monday to be tried for mur-
5! der,
; ed, Columbus Jones was a young
¢ mueh | MAN only twenty-flve years old,
‘yet he numberad his friends by
lall who knew him, No young
lonan had nobler traits of charac-
iter or higher ideals of right aud
<7 l wrong than ha did: No ane
tkuew him heaitated to ask of him
fa fuvor, fur le was always ready
jand willing to. show his friend
| x
xhiip.
ConA.
best
Le
Vie
a
he
red,
ee Os Far
ay Carn
chea per
NAVE
nraryts Ci
tnd the:
Chats,
ise thee
tm mete
- (brother, besides many other rel:
af rac ives and friends (0 mourn hi
ly the juniimely death,
ve heen) ayia remains was carried’ © to
‘shed i cedar Ruek church, threo miles
ty Ooly toorth of Easley, for interment.
Will Te-Tehe bumal ceremony was conduc:-
the falll ed uy the Rates Lodge AL FL OM.
and Mlof which he was a prominent
RDU ener,
with | The verdivt of (hie jury at the
Coroner's inquest; wag as follows:
“Wo, being a Jaw ful jury of in-
Lead, quest, who’ -heing * charged © and
Ar avortl to inguire for thu State of
ont South~ Curelina,® iwhere< and. by
s, dated
<¢ f
but the what meana the said C. W. Jones
ir suine-tcame to. his. death, upon. their
a cleotgner aa he: ds aay. that: Aai A dee
They Le
our bliss
ie, --- be:
doing |
Crops
iv ie ae
fuyters
‘ef eet. :
oe Fh es neti
fants = thats Ben
the fact?" * =:
duly 8, 1901 "Foreman,
ae sins aos a Soong eee |
_: Bitiousness 1s Dangerous.
hurvess > When the blie is not flowing freely
Minta the howeda, ite taken up by the
jttood aud ds dupoxtted iu ail parts of
Hun oft the boay. very fmpertant organ,
rented, | it) fuck ed Ussue of the body even
tery, thes te the skip layers, are allegted by the
. Ms j pulson ladetied Ulla. Tt saps the
. vac energy, dulis the bra, weakeius the
he ena, fang mound kidneys aud Invites dis-
iwin, ajeaxe perins. Jt sifects the heart,
ian, of| stumnnoh and bowels, cuunlag tuniked
" functional dintarbatices that iay
Te Wate ty disence, A Miffeta vr faa.
» GMeL Yfoed conadithon ef the syxtein le very
Miss fdanyperous and should he cornetod
to
uw” fuig iat ance, Rydalot'a Liver Vablicts
a hin impo’ dily cure billousnens. ‘Il ‘uct
\ aie i njre. ciflertly aon the lives. tof! ols, yr
n He: bile duct and the bowels. Shey wtevor
holfait to cure ver and bowel Croubies,
Price per box, aa al vai GY) tntlets,
eee leeeccute, Ore ROS is Prue et.
. Pa - a nn .
Jiest! Sj
bee: inging Convention.
robes! Phe Pickens county Site (aise
aroma yer
: A vention Wilh meet. with the c Perse
=o itettie
itv
ma
who}
J anc, colural,, a nh agcessory. to
ELAR Day; ose
‘ously “avoids returning to: work
‘
UL AS, W404. |
than is to be received ecatises the}
clerks to lose the richness of bless-
ings: that yo. with such givings. |
Working overtinie, “working for
i too amail pay, doing that whie hi
tchines
is inasked by the ar prayer Seis |
ing and doing all that needs such,
attention is not a fault thet is;
either ecomman or noticerble in|
store life, The lack of promotion!
and the failure ty raise wages 13!
nota cause of this laziness but irs!
plain ef-ct.. Neoaman, peo matter!
how thiek the akin that covers hig:
faculty of pereeption, can fril te:
seo. abd understand — thai
the employee whe js up and doing |
He leaves (a father, uietee rand {at all times is werth too much to;
eV pyiany
tr. ba aliowed fo fu cut uty
reach, “And (the employ eo who!
counts nok the: minut:s on: the;
face of: the etoek, tut SeOnibis
what there js to do next and finds!
it, is the emplovee who will rise}
by his own power—literally pili}
himself up by his own boot: straps
—Iecauee the very foree of his in-
tention compels it. The clerk wha
hag his hands on the covers be-
fore the clock begins striking the
closing hour, the clerk who studi-
uot tho ‘noon. hour is eutirely
gone, § the clerk. who loses as many
minutes as. possible at every op-
portunity..to. visit will all. ‘find
thomealves elurks® at Mmenver anal.
nriva when they ave told thoy nie
tod ald. to. bs ‘peeded longer ov tuo]:
slows for-tho: businces. No. suc-
cessful: ‘merchant—ne guceesstul |
business” pan “of ay sort—cver
mado hia” success through any
other mieans than nie nJ} possi-
bly on every oeension. We may
have sometimes lacked in ability |
and sometimes have erred in judy: -
nent, but the fact of his success |
ia due for more to his alertiess |
and desire to do everything anit
ble than to any brain powe r ste!
perior to that of theusands of |
others. Men with mnental abil ty |
ary always found is inferior pos”
tions, and men ja good ple
afton eauae wonderment ms‘ ots wt
hey vob there. tard 3
determination to ha: Wea
last second wilh fetch t. .suin!
wanted every tinio, ‘Thu airkise
always gets left.—Drygoodsincc.
nasa, Sealy digaetbanmsctane xa
Brutally Tortured.
A (ibe Chine (oc tigdit Cid fea geod
blstent and unpre creiful torture fins!
perhaps never been equated. Jue |
Gioloblek of Colusa, Calo writes:
Bre Me ve abe DP oetidtiredd fo crth ett
4
‘On
WAS LEY,
P.S,—A for Sein ine NE
and Organs felt.
i f-O4.
qx Pate Pare
We rand ony Ke)
interest the pur-
chasing public with
seasonablie, stylish
and staple goods.
Remember, if no
want Dry Gocds, No-
tions, Shoes, Hats
we have them at fair
prices. If you want
Groceries, we have
them, pure and
fresh. We seil the
famous brands of
Flour, Magnolia and
Majestic. Try them
and be convinced
that they are fhe
best on the market.
Remember us with
your erders. They
will be appreciated
"and pron pHy filled.
AN CRAG
LAS L EY.
RASLEY LOAN
» Ve sameith.
CAPITAL
$39.000.
OFFICERS?
President.
Lathem, Vieu-Prest.
deine x dP aller, Cush.
J 1"
ete .
PR day Wis,
3 name was!
monstration
the public
{ Democracy
active
‘VYouwsd,; bat
naible polt-
y which will
h his name.
-fgiven were
ind last. It
men that the
Use,
OSITIGN.
t relative to
“position is
ssociate Re-
and it wonld
r iw pounder
to the Legis:
inn Who will
the liquor
ov or legisla-
ve this ques-
he is too big
¢--- vhether
sary in
he nad bet-
if be ta Saced 5
Saget Lar Vote
* thoy be-
arriblo work
theina tax
d not be al-
bia as their!
in pet rid of
ast aud loose |
rurinesa, If
ey Set theo.
t@ b& the & eae
sep our eyes
180 to peak
Jaturea next
se about the
» thig sum-
‘
,
+
neta RN
~ ome ee
SLICANISM.
wiv, which
i« captured,
ion of the
q ‘jon of
La v such
dt in power,
olution will
Then chavs
thie be our
“e BSS!6m,
$4 43 {att \ tal ier,
from Mr. Spencer’ s nddress:
“T plead today for that indus-
trial training which wiil qualify
the rising generation te do more
thoroughly” the work now in hard,
This peeparatiin ig not inconsist-
ent with the acquisition and fu-
ture use of higher and more lih-
eral education in the scientific
professions when and wherever
avenues fur its application. may
be opened. ‘The immediate need
is for that training which while
systeinatizing the student's men-
tal processes and enlarging his
knowledge of the special tranch
of industry which is to be his
chosen vocation, teaches him at
the same time to use his hands in
unison with his thoughts, and
finally to apply that combined
power of thought and execution
to useful and profitable purposes,
“The most effective work, at
least, for the present, will be done
by that achoul which recognizes
the Jimstationa unfortunataly exe
isting in the primary education of
our youth, and directs its methods
toward promptly fitting thia raw
material for deallte with current
industrial conuditious, The de-
mand for it ig immediate and
quick, but ecand methoda are re-
qaired.
“However dearahle the mute
thorough training of tho college
grodunty may he for industrial or
commercial vocations and I am of
those who believe that with . the
right individual such training is
always advantagebus—p resent
conditiona requira shorter roada
to actual service than such train-
ing now adnite of for the grat)!
sonal of our young men,
t iw akill which is tn demand,
ait] acquired from expursence and
yuided ie educated thought nud
knowledge.
“Tt is cducated Jabor and di-
rection. that sare now required
more than professional cervice.”’
— oe ew en
One of tho most important
questions (o be voted on this year
ig: “the biennial session of tho leg-
islature. Thera ara some who
bélieve this menvnre will be do-
feated, but we do not believe tho
majority of tha voters of South
Carolina wil] allow this opportu-
nity of curtailing expenses to pass.
vale ‘fa Te WUVeE. !
Should this constitutional amend-
Pye
ol a 3S a
4. Pte Uk
‘Dr. Rk. Smith, Drugeist.
Be = = -
'
the courage that tho world nde
Columbus W. Jones.
Tho death of a young man just
coming Into the fullness of man-
hood, with all its pleasures, and
into the fruition of the hopes that.
have sustained him through years
of youthful endeavor is an occa-
sgn fraught with more than pass-
ing Interest to his frends and his
people.
But God calls and the summons
isto a higher field of endeavor,
and the pu 4 tte of man's going
are past finding out.
his community bas heen stir-
red and is still laboring under the
shock of. grief, as we have not ex-
perienced it its years.
In the full and fearless dis-
charge of his duty; in the prose-
cution of a work that had ono
other atm than the support and
taaturonacee of daw; tn the trope
Tred prarprme af Writagett PY
of ordor nit peaes to fustice san] |
the very fillers off wt rong ‘And:
Vigerous young nuiplood, Cofume |
bis Jones gaye his true yourg life]!
awilling sacrifice to the Jaw he |
had sworn himself te emfores, |
What nobler end could a trae man:
desire? What bigher evidenee of |
the opatrioviem Chat anees thet
Vesunt rv eoulhd $2 s LF et Ruel a. Ian. naka?
aga bala to tearts grieved aad:
sorely tried by hin rth lomy taking
away? What comfort eomes to
the loyal ones, his own Pedi te |
family, when it is remembered
that he died withoub far—a ee tLe
tleman and a citizen trne to the
highest obligationa of citizenship
and of honor ty the very ead—a
loved one whose life ans the cx,
empltittoation of true dnadegrity aed |
wirns? —
“No better epitaph could be
carved upon his hendstove than
the thrilling words that embody
the essence of duty and patriotism:
“Te Diep ror Hits Countnuy.’’
Let his example be unto ue aj
reminder of the rewards of the
faithfui, and let ua. w hile cherish-
ing his memory, taku unto our
hearts . tho consolation = that
reaches from infinite love to the
depths of despair and of grief.
A FRIEND.
ere ee oe =
Night Was Her Terror.
“J would cough meuriy all niche]
long,’ writes Mre, Chas, Ap ce ee
Alexandria. Ind., “and could vary [1
na : if Von , reatrareye veel
eee al.
my ul yy 3,09 cg 1
The hte. nddt CA 8
sisted Of ain add rose } y
Labun Mauldin on ‘Obed
and We A, Christopher on
ality,’ both of w hich WETE [
hy the attentive crowd.
singing was rendered hy
H. Lesley and others.
Mr. W. Len Jahan, the
intendent, ard the taach
doing a great work and th
the children of the Sunday
deserve credit for it. J.
good work goon brethren,
A series of meeting wil
nt same place on fitth =
reve. Jo 1. Vass, paster,
asSisted by Res. L. n. MM.
man. a
<= <werw: ensign
The Centre of Life.
We live only by the food
digested and assimilated. he
ktomachis the seentre of fi
j the xtomach is weak. the be
tots H Papordiar rte Nowe rk St
Vee Peaee wd Ga by uapag a
Stotiede Patitete, Piney abbe
Pevsred ceded Peek tdiee me beogepeneste,
eet ea gy featear Gen three cbbgee
Steel dpe Ip atiire estore 04
Ihe wits Ne “Phese tabpers are suai
PO PEE Ove at ene gird sod
pan eoatbeery eed Cbs ese eesice
xine “n edgy ts, “Teyeeei ty site oe
ii ig ” Poe titives Clee betab siges!
Ds Boo Sandttes fern
—-——< Gao
daly dthartsecy Calian
Pore Ber Tey 1%,
Pepaatecd hiv’ Les yeep miothe
Cotton Mill Motibuy stud
very elaborate affair. Th
pagy furnished two or whe
refs of Joemonade, plenty of
ernekers and candy, whi
superintendent. Mr. ‘Ed. Shi:
furnished severad fiuslrets
poenehes Mr NSner T°
re ay Fe Pay git
three Rundny sala) hinat oth
dren onand the diuy teach
keinbie at the chureh ane
house, from whence they im
(al, ont 159 oF 200 ¢ hildren)
repidence of the preside:
John M. Geer, where ad
were made by their paste:
D. OW. Bietr, Messrs. |
Christopher nod AL HL.
which werasresponded tu
Geer, who made a very to
addreas of weleoma, whic
much appreciated and hh
eheered by all the childr:
was a touching scene. Phe
repaired to the park, where
iand all the daintted were.
Mr. C. H. Slowey nich broth
ni fahed some wood urasie, be
KISER (HUNTLEY
LE
), Milton, black, hanged Camde
- ebeliea iA Pad ks
Tas:
way IS
tite:
en ee —
COLUMBIA, 3 C. SATU
+ eg ee on meee ee ee
- cer ncanne gee “Ore ee ee
RDAY MORNING, JANUARY 7, 1911
E
DARING FLIGHT
OVER THE OCEAN.
“WIFE OF VICTIM. OPENS ARGUMENT
ATTENDS HANGING
MAO
IN TOBACCO SUIT 3
_— Thac &
Siramie “ard lacidentaily Viakea | ‘Wanted to be Sure Milton Kiser. Special “Trust Buster” Makes | . waa
““Altinade Record in Charleston. | Paid Panalty of Crime. Oral Plea for Dissolution, (y's °
} ' . ireat Mo}
: ———— H —_—— ' Cilinois +
“THE WHCLE CITY 2UBBERS NECRO BOLD ON SCAFFOLD TOUCHES NEW SIDE OF CASE) ote "
| oe atin
> Avtater Ctreles Tlarhor Orer Bertid- “roagia Te Suent entien Night, Mur- btetaes ts
~
; the
(made a
' Atlaade
| dermonstrating
| deropiane
rations, Goca Oat w Sea and {
Returns. ee
t
ce
Meee
ChRaricaton,
Ward, the
Curties
a Jan. $.—~-Jimm sy)
t%-ynac-aid aviator, ip a
23-Rorea foWwer) aemp.ine, .
jaring ight aemss owas
Narcter and out over
ces, VUreawing the wl ss
reeord Tor law-fowered toa!
Aine, ana wianing a yrmta of 73,900)
wy ciytiing over two ihe sirongest:
fariication o@ the Atiaatic
the afictency
< & meee
qracet™ is
Ptyers, tha cha
~y
2itlinde
at
OmSt, |
af the!
na ume of war.;
am the Wach in
frant of Soct Sicultre on dullivean’s|
‘sland, So Sande a nota ty Cas
“lars, walan ioe iaiter agmed. Ward |
‘hen ceentered Lis machine, tose from!
Seach and Sew back across le)
‘anuling
Tv
| harbor .9 4 direct ime to the aviation
1 eta
} Thinutvs
pera
distaney
of ne city.
He covered;
of about 35
a indies in 34]
Reots Packed. {
Very few peorle saw Ward Seain
his fights from the aviation Asid, lua
gusnecessful attempt of tha day Lee
fore Daviug afouemd a wpirtt of akep-
tleiam. News of the darting «aitenipl
spread repldly, hawever, and many
roofs in the city were packed when
the airman made hia return ight H
Leaving the aviation ficid, he few
Arat to the navy yard on Cooper river
cireling above the plaati ile then
tew down the river a distance of
sLout five miles to the city. over the
upper end of which be ile
turned enatward, crossed the Cooper
and ‘Wando rivers and the harbur at 4
Height of ahaut 1,900 fnet.
‘ lleade Svaward.
Reaching Suilivan’s laland at the
northern entrance of the harbor. sad
on whick Fert Moultrte is situated
he oircied beck over the harbor &t a
t
Letruck in the head with an iron ait.
height of about 7.06¢ fee, nx
clasa to Castie. Pinckney. Hending |}
neuward egain, he psraed: directly}
over ort Sumter at the entrance of |
the harbor and awept for a distance of
about @ rmaile. and a.half cover the
waters. of the open Ailantic. Turn-
tng he ‘tew about the Lile of Palme
and, Gullivyen's Istand and, landed on
the beach it frome of Port Mouittia
arid. the efteering of soldiers and of-
fcers. A& note which he handed te
Col. Fredertex Marah, in charge of
the fort, was sta@ned by the latter and
Wart broaght it back lo the city
with him en Rie return.
Gor Up Tigh. .
It waa on the return tip that Aw
broke the wortd’s altitude record for
ermall machines. At a point directis
above Mount Pleasant, a village. em
the edge of the harbor and oppusite
to the city, he attained a height of
4.200 feet, ag shown by his baro-
wtaph, As the ayiaiion field came
into view, Ward, at that tine ever
Cooper river, enut off hia power aad
gilded for a distance of & mile and &
naif, landing safely and easily, ifs
was» shaking a# though palsted as he
posed for his ptoters, go terrible had
veen the strain.
derer of Camden Jailer Shaved
No ‘gun of Weakening,
Soe ai to The Rtate.
Camden, Jan. 3.-— Milton Kiser. sila»
tfeneyv iivativy, was hanged here
mormAg xt the county fail at
13:49 for of Jailed
Caan,
’
tilis
satosniat
the murder Jonn
“ast apriag Jailer Boones Was Ter
livertng snpper to the prmeuners ww theses
ye WAS (eraulted by Al Fletia, a ue
torteus eriminal with a number
aitaves, and several other prisoners.
Ste oof the prisonera escaped nna
aif wers recaptured @xee Lt Pietds,
eno iy «tii at large. Jailer Moone Une!
gerai vome time aa a result: of his,
sounds ind was finally taken to hie!
oid country home, where he died aeve |
eral months iaier. }
Decp Laid Ptot. t
John Coux wasn anpointed Jahier in|
the place of Mr. Doone durivg the,
past summer, Walle a carnival was Inj
town Mre, Cook teok her children tw:
the curnival grounds 10 Bee 4 dalloens
asco nation. j
As soon ax Mra. Cook got away Mr |
Cook was calied froin his ream by i
Mary Jones, a aegro woman, who told:
him that the water pipes in the cell)
above her's, occupled by Henry burnt.
ley and Jun Cox, were leaking and thei
water was dripping on her bed. ‘
While Jailer Covk waa bending over:
examining the water pipe he was!
[
toon bY Hontley, The spittoon welgh- |
ed about 10 pounds, Huntley and Cox
then took hls keym away from him
and threw Mr. Cook [Into a ceil and
made their escape, taking the negro
weman with them. The Woman waa
captured the night of the escape, but
it woe several daya before Cox and
untlioy were captured,
Confessed Crime, ‘
Huntley and Cox confessed later |
thar they had entered inte a compart
with the woman to make their eacape
at the first opportunity. They stuffed
cotton taken fram thelr . mattressed
Into the drain pipe and cauaed It ta
everfiow and got the negro woman (9
call the jalier,
Ther were tried at the November
at
term of court and were ably defended;
ty lAwyrra appotnted by the court, |
Cax was given a ten-year smtepce
and Mary Jenes one of ive yeara,
A crowd of about 166 negroes and
whites loafed round the ail this}
morning while the hanging was tak,
ing place, many of them eager ta fee.
the banging, but could mot, om all)
viewa had been acreened, '
Sherif. Trantham. summened ten
wttnemes and four depaties---Wille |
Whittaker, fret deputy; W. D. Btar-)
ling. second, and Mr. Herron, third. |
"fhe negro paawed «a restieta nignt,
dat abowed no signa of breaking, down, |
hia nrorning he gave oul A ‘ ptate-
ment te the prees and to two negro
ministers, Reva, Brown and Boykin,
saying that whiskey, gambling and
women were reaponaible for hia com-
mitting the ortme and eald for diacke
and whites to avold them, 44 they
would sqon get the beat of them.
He eald that when he struck the
yoy
Se Shae ot 1 Yslers
Yuna
of neet
ove
Menta directeu at
ution of the so-called
vertrt of the United Atates
uit
| States and Cuba for its gywn; the Lrit
Potais Out VYhat Goverment Act-siemot
ing Under the Wison Tarif
Law of (808.
tq
j clary vt
‘in ne
Sema t/
atadies
to agrees
aeat Sir
he was
briber
and lis
would
expla
of thre
eoTtideu
If ts
e@leeti re!
invite §
theres M4
vita
,of we
requ’
thon. & ]
+
Washington, Jan. 6.--i'tai ai gus}
proposed dfissos
Nohacts trurt’
were begun late today in tie supreme
tne
Vea ove wher the di woluuoen
TirTye
Pay
UP WR,
vax urguasl fog the ime 21@-
the court iy «=o Taxeha Mice!
Tote
Rernuids
,t TE Re)
LP eee
sect al memrieta nt
29
general, (a cnarKe 14
Nght tor the government,
rhode the opening address tu (ne court.
jie Nad aia remarka!
when court adjourned antl Monday |
Mir, MeReynoida surprised some’
members of the court Vy stating taat.
the disseiuiion was asked awt only:
under the Sherman anti-Wrust la,
but under the Wilson Gari act oof
L394,
the
thas
not coneiuded
First of Its Kind. Re
fie told the court tia ‘vas the Jirst,
cuse eVer brought under the Wises,
tart act. The act. he expiainest, ap-
pled to instancea of restraint of trade: fare,
where an linporter waa a party. Me | evan
polnted to the Wilson act aa the con-' a So.
Kfessional interpretation of the Sher-' terds
man ach Nearly the entire time that) the
Mr. Meitevnoids apoke wus devoted to) treat
a history of the so-cailied “tobacco; tu he
trust,” (rom the time the first Amer-| Ma
loan Teuacco company was organised | Ashe ;
In 1980 for the alleged purpose of | routd
effecting a monopoly in the cigarette | did
trade and thus avoiding competition! mile’
of independent corporations duwn to} railr
the incorporation in 1904 of the new | claik
American Tobaccy company asa hold-; the __
ing company, centreiling $6 com-| refu.
panies iatercated in vartous branches | trait
of the tobacco business, Inju
“Piug War” of 1593. pe
lie desortbed the “piug wer" about | gid
1892 resuiting in the orgauization of | aq. &
the Continental Tobacco company, &Y | and, s
which, he alleged, peace was restored | yno.
and competition of ladependents was! stay,
elfminated. He told of similar combi- \ h
nations in the anuff, cigar and stogte!
trade. | FLE
t These combinations he described as: '
designed we remove competition. i
Finaity, Ke trend to the contracts, — |
of the American ‘Tobacco company! |
with the s-called Uritianh “tobacco:
troet.’ the Imperial Tobaceo com: :
pany. By these contracts, he said, the
tfade of the world in tobacco had
been parcelled oul between them, the |
American “truat' taking the United
=
?
teh “trust.” Creat Uritatn, Ireland and
the Iste vf Man and the Hritiesh-Amer-
tenn Tobacco comapany, organized by
the two “trusta” carrying on the to- =
bAvOa business In the reat of Che wortd.
Ae *& reault uf theae combinations he
alloyed that competition for the pur- t
chase of leaf tobacco had been elim-
inated In the United Btates :
-—
RATE ON COTTON SEED
UNREASONA
Shara OP Tamas 1.
apite /
Ri
Aalewner!
yeok & See of bh.u08
ser (80 of the strongest j
~ om the AUantio const, |
ying the efficiency of the;
uo 46 & scout in time of war. |
wé Sracefully on the beach in!
, of Sort Moultrie on Sullivan's)
ad, Ne Sanded 4a aote ta Col;
aca, WRich the ‘atter signed. Ward |
WY 120 Seeatored his machina, rose (rom:
ae Deach and dew back across tne,
arbor in a cilrect tine to the aviation |
etd serth of the <tty. Hae covered |
iistance of about 35 miles in 34)
UuUuteA
Roofs Packed.
Very few oeople saw Ward dc@in)
iis dight ‘rom the aviation Sela, ais!
' heuccessfii attempt of the day be;
ofa Raving aroused a <pirlt of alep-}
iclem, News of the daring attempt |
Oreaud rapldly, however, and many:
rofs tn the ctty were pactced when:
14a airman mada is returm tlghe
Leaving the aviation ‘ield. ne few}
“tt "oO the oavy yard oa Couper tivor
reUAR above he diane ila then,
sw down iit river & Alstance of
~
~
y
<< slut ve onil-s to the city, over the,
: oper ene uf orvNich Ye paaeed lia)
eww oned eastward, crossed Che Canper!
i “Wando vivers and the Rarbor at aj
rma of about Lode Leet. I
ilewds “eaward, {
leaching fuliivaa’s isignd at the}
osthern culrance of the harpor and!
’ o Which Sort Moultrie @ situated, |
' » Circted Dack aver the Narbor at a)
! Leigne of aBout 2,300 fear saening!
ft loa@ tO Castie Pinckney. iieading|
eiWard aytia. he pussed Lipsethy |
sver fort Jumter af Uae enttanes of |
‘Se Rarber and swans fur a distance of |
isout w&A Mile and a hall aver che:
isters. of tha cvyen Attaantic. Tura-:
nef Ne Tey about tha fie of Palria)
Lag SuinNven’s ‘¢tard and i:ndet om
ho Setghk (a Crone, of Sort Woritria
vad .Ne sSearted of oebifers ana 6 ¢-
“cf & Yous ValeR 39 Sahar us
Pomder! 5X Tkesa, «A churve of |
. for cut ctgaed bv the ‘acter and
rat woyagkt (2 hac’ fo the ty
t Alma on ais ey
ie jigte.
t wee mm fhe trip that ne
19h8 2M ovOPR ES? alutudes camara for!
“IMA magehines At a vulat firectiyv!
souve “haunt Vleasant, a stage ot!
‘he sedge of ‘he Jaroar and unpbusite:
i> ¢he otitt, Ne attained a heignt sf!
3209 foet, am snaown Sy hin Daro- |
oo graph. \a its aviation tei? came,
cnty view, Ward. at {nat time urer:
‘seger river, srut of ale power andj
ii for 2 ilataaer of a mile and a:
tanding safely and aaaiiv, Hat
tis citaking aa though paisted a¢ ba!
ewe for Rig pieture, se terribla had!
en ths gtrain,
ae
7
I
R
?
Bas.
YCURDY FLIES AGAIN.
Mighta VPeanetrvile People With
Snewracutar Fiytug,
pecial ta The 4tate.
Exp] Jan.
Dennettaville, 8.—~ Success
of J gain marked the exhibiting of the
fe} ceroylane filght by J. AL MeCurdy here
~. ut jhis afternoon. Hifs handling of ‘ia
Th Seca machine was more apectacular that
Pre
Ao?
En yeatorday and Nia work was) req
vived with the highest pleaaure by
wery One.
‘REENWOOD MYSTERY
vase. MAY 3E CLEARED UP
et Kergp-rewrer Golden Arrested In Connec-
Suen With Acomnnees Hobimery at
‘ Pinson Hone,
tpecial to The State.
The +
: a Greene ood, fan. $.—-Mntoher
: J © t0tden. a white bey aged 1%, was
6, OVer afeated tamt night by the deputy
POV ert, I. T. stafor, in eonnection
sd JO , Tit Lhe aAllaged. attem pt-of- rehbery
+ :
URNAI" the home of J, F. Pinaen an Rey-
alda streqat. Tha evidence on Which,
Re arrest wae made ia circumstan-
‘al, being based on whe finding of a
oir of Wrousers, which are anid to
ave boen tdentifed aa him In a
acant building oear the Pineon home
ith come of the young lady's hair to
ra of the pocket, Yaung Oelden te
carpentar and has Leen Qing some
orm ont im (he country, though he
‘mesa home at alcht :
Ap jutetesting feature af the a%air
that young Goljen’s father fs the
~an_ who shot at & thief who at-
Compted $0 rob Pinaon's stare about
year ago and Went co far as to
giontity the man by hie voiro fixing
eh & yours naa here wha proved
smoluaively Unat it. wee & case of mis-
ken Hentity.
yf for +
ih. Ghetsp
ny Btter
w« ASs
Ne
irst.
dq
(conti,
There ia considerable Interear in
» case, “here being many differing |
. Water
, Wen
i morning.”
7. VRPT
he Was tssauited
aIppec le The
by
with
Priganrers Nites
Xl. & bate
& number vn
ee
tortonsa criminat
aliases, and several other prizeners.
Stx of the prisonera escaped and,
ail were recaptured except Fields,
vho ia still at large. Jailer ‘doone line
yeced some time as a reauit of dia.
wounds and waa finally taken to his)
old country home, where fe dfed sev
eral months later.
Deep Latd Ptoc
Jobn Cook was anpointed failer in,
the place of Mr. Gowne durtus the:
past summer. White a carnival was in
tuwn Mrs. Coot took Mer children tv
the carnival grounds to see a balloon:
ascenton.
As moon as Mra, Cook got away Mr
Mook wae enlled fromm hia reom by!
Marr Jones, a regro woman, whe told:
him that the water pipes in the veil)
adove her's, orcuplied by [enry Haunt. !
ley and Jim Cox, were leaking and the:
vane droping om her bed.
Walle Saver Cooag Was lending aver:
examining ite cwater pipe he Wa:
stmiew on th head with an tren anvil.
toen oY Gontiew, The spittoon welugn-
ad ahout fo pounds Huntiey and (on;
then took his Keva away from him:
ang threv Mr Cook into a owll cad}
inate their esoaye, tacing the ne«troi
with (Rem. The voeman was:
the viaght of the escape, but!
weerai dave before Coax andi
Vere euplured,
4 cpafemmend Cord re. ‘
Hrntiey and ton confessed later,
that they Nad enters? Into a compact:
With the woman to make their escape!
captured
to ovras
Huntiey
at the iret opportuni, Ther stumed
cetion taken from iheir mattress d:
into the: 4rain pips and caused it tua:
Wwartouw and You negro woman 1a
cmii the Usiler,
“Tha owes
tern of court
Dy bw pers
aR 34%
Aiur
"Faas
tri!
fatal
oe cea Ore Yee
"TY ok
rhe
Red dint
at the November
sore ably defended
yy the cotr?,
teh e@ar sete
ave omar.
ewrves ape
a pall hia
nswTrg vt tyke
art
Lat Fras
ana ft
1490
PINT pear)
Cree) af
Weitere asad
moming vate tAN
ih Mace, maagyoot them wager to
{Ne Naading far could mot. 4s
Viewe itd tome ~Peened,
Sher? Trantham summoned
witremacs Ura Pitre
TW hittnaer, fret denuty: WL DD.
‘ing, awecond, and Sir Herron. third
ihe neatn onseed A festiows niglt,)
but snhawed ne otgna of Dreaking daown,,
Thi morning’ te gave out a states |
ment t) tne presse and to twee nestre,
inintsters Reva, Hrown and Baykhay, |
anytog thar whiskey, gamobitng and!
weaned vere resaponsthle for his come,
mittivg the ortme and sefd for blacks!
and whites to avold them, aa they!
would soom gan ine hest of them
Me agid that when he atruck the}
Sailer Ne Wid not intend to Kall Iti:
but oniy to stun him. i
He «sid that he waa ready to meet:
Terre
thee tan
hig Jeeus and did nat fear death. | Interwtate Commer © Com niinnion
Made Speech. Finda Wierriminauion in bk reight
Sherif Trantham read his death Charges aad Orders Reduction,
warrant at°13:19 and placed = tha
handcudfa on Nim, When asaked !f ha
had aaything to any he sald, Tea”
“fo want you, one apd ail, to tura
your bac on sin and don’t lat old
Satan lead yoo «rong, for {nis ls what
it wth Sring to you’ {polnting to tha
rope). While the repe and Black cap
wers Demg adjusted he was cuntin-
nelly saying, “ford, save me tit
“Good-bye, Menry. sald the sheriff,
“tond-Uya, all of you,” sald TTunt-
lay.
The trap waa then sprung. Two min-
aotem tater death was pronounced by
tr, Dunn and the body wae cul down.
4% will Se buried in the potters’ Meld.
Huntley je from Nor Carolina,
but hag been working around Halle’a
gold mine aud the upper part of this
county fo¢ the pret yoar or.ao He wan
awafting trial for @ charge of lan
ceny when he killed the jatler, Ife was
a very large negro and was Very une
south leoking and bore a reputation
as & “mean negro.”
Mra. Cook, the wife of tha dead
Jaller. was present ar the hanging and
said thet she had come ta the jail
with her mind made up that tf avery.
body falled she would spring the trap,
Aieeritt Trantham and Jatler Howe
had two pollcemen on the outside of
the fail wh» kept perfect order
among the morbid crowd. ‘This ia tha
frat hanging that hae taken place In
this county for over 349 years,
TWO CHINESE PERISH
AND FIREMEN SUFFER
Deed Said io be Helatives of Tom
“senor of Chinatown,
4 oe",
[members of the court by stating that
Caae ever
‘tartf® act.
RATE ON COTTON SEED
ee le tart, caf codaw J. ow. Slee |
Repaads special aswistunt ta the)
ati@mer general, in charge of the!
tebaceo) Nght for the government, |
made the opening address to the court. |
He nad not concluded his) remarks)
when court adjeurned unul Monday. |
Mr, MeReynoltds surprised some |
(the dissoiution was asked not only:
under the Sherman anti-trust law,
but under tne Wiison tariff act of
1¥o4. i
Pint of Tus Alaad,
Ife told the court thia was the rec!
brought under the Wisen
The act, he explained, ap-
plied tu instances of restratot of trade
where an tinporter was a party, He
pointed to the Witeaon act as the cone}
Sreasional interpretation of the Sher-
Man ack Neariy the entire time yc
Mr. MeHeynolds apoka was devoted to!
a iiistery of the so-eniled “‘obuwoceu
trust. fron the time the Nest Amer-
tean ‘Tohaceo company ‘vas organised
In 3880 for the alleged purposes of
effecting a moaopoely in the cigarette
trade and this avonuing competition
of independent cornpurniions Jduwn ta
the ineerpuration in 39604 of the aew
Amenenn Tobacce company asa hoid-
ing company, concroiling §& cam-,
Panties Interested ca Various branches)
of the tolecto Diuwdiineas :
“Plug “War of 1883,
Ile deeertbed the “piug war’ about
L892 resuiting In the orvantration of
the Continental Totbaces company, >
whtea. he alleted Dcace wae resteured
and campetliuch of aodependenta vasa
aiminated, } tad of stmilar comb ;
sutioaa an She amit, car and atogte!
wade. :
Them com “nations
dem naeed
Smarty,
ae
,
Ne deseribad as
“a TUIRG A COM Begition,
Af werena tio the cantrects
Vraereaun “ooaeeo company
ENA Ameo maid aritisag Cubaersy
Neo invert “Op aero OTT
By theme comrige)ets. ire saidl, ttre
Smad OF the OWeertad oth Tormmeeo Ame
Pee Tarteded ou etveen caem, the
American trust’ ‘aking Use Untied |
States and Cube for cs own the crtt
6n tPust,’ Great Grttain. ireland and
ithe Iste of Alan ang the Mritiah- Amer
fean Tobseceo tompany, organised hy
the two “trueta,” careving on ihe ta-
yacde business in the reat of the world
Aw oa Tesult of these combinations he
altegwed that competition for tha pure
chase of leaf tobacca Nad been elim-
mated In the United States,
if
via
treme,”
ety,
~
HELD UNREASONABLE
———
Washington, Jan. 4.—-A reduction
in the freight rate on catten seed
from potnts in Missouri, Arkansas and
Loulsiana to Memphis, Teno., ja made
by the interstate commerce comniis
sion in an opinion handed duwn toe
day in the cuss of the Memphis
frvight bureau against (he St. Louie
Southwoeatern railway. t
Miaisting rates on cetton saned to!
Memphis from the peints of ortatn
named are hetd to be unreasonable
and unjustly discriminatory as ty
Momphis and in favor of Kast Mt.
Louie, Pk It is pointed out that
Memphis 19 subetuntlally nearer to
the named potnta of origin than {fs
Kast Me. Loula yet the rates to tha
latter ofty are jower than those te
Mempbia. .
. The defendant: ie -requited-ta-put
the reductione foto effect before
March 15, next.
tn another cave decided today. It
waa held that the ratea of cotton seed
cartoads from polnta tn Oktahoma,
Arkansas, Misalazsipp!, Tennesare and
Miszourt to Kurt Mt, Lovtsa, Hk. are
not undreagonable or unduly diacrim-
inatory.
Thia case wan inatituted by the
Fleat &t Louis Cottun O1f company
against the Mt lLoulsa & Man Francisco
railroad and other carriers
GAYNOR NOW LEARNS
OF EDWARDS’ INJUIRY
Thanks Street Commiedencr far Taf.
forta to Protect lm Pram Wunld-
be Assasin,
Naw York, Jan. 4.—From the trial
election
invalid
there w
with th
tun,
REV. G
{
Bepus |
N. Cys
Ashevt
ure tu p
fare, the
route to
did noe
mileage
railroad
claums fh
the cend
reCusal ¢
train ago
injutiea,
ew
s!
Special
merenae
‘the pepy
ita popu
-
Specia:
Flore
somes ig
i aus hee,
‘ple, an
ty» Avg
likely :
asked
molsele
KING, Anthony, white, hanged at Charleston, Se Ce, on January ll, 1828,
"On Saturday last, the adjournment day of the Court of Appeals, the prisoners, Antonio
King, Charles Auguste and Catharine Malcom, who in October last had been found guilty
of the murder of MARY ANN SMITH, were brought up to receive the judgment of the Court, The
Hon. David Johnson pronounced the opinion of a majority of the Court of Appeals, conSirming
the verdict in begard to Antonio King, and granting a new trial to Charles Auguste and
Catharine Malcolm who had been indicted as principals in the second degree,
"The Hon, Judge Colcock delivered a separate opinion - dissenting from the decision
granting a new trial to Charles Auguste and Catharine Malcom,
"The Hon, Judge Nott, as presiding Judge of the Court of Appeals, then passed the
sentence of the law on Antonio King, directing his execution on Friday, the llth g
January nexteeee" COURIER, Charleston, SC, December 31, 1827 (2/24)
"On Saturday last, the Sentence-day of the Court of Sessions, the prisoners, Antonio
King, Charles Auguste and Catharine Malcolm, whose conviction, for the murder of Mary Ann
Smith we mentioned last week, were brought to the Bar, when a notice of a motion for a New
Trial, was given by their counsel, Among the grounds taken, we understand the
point will be raised, whether the charge of malice, EXPRESS OR IMPLIED, was made out
by the prosecution against Antonio King, who was indicted as principal in the offenee; and
whether there was sufficient evidence of concert between the other parties, to
warrant their conviction as principals in the second degree, The Court of Appeals
$Z¥% sits in this city on the 19th November next, during which session this case will
be argued,"
COURIER, Charleston, SC, Oct.16, 1827 (2/3.)
"The trial of Antonio King, Charles Philippe and Catharine Malcolm, for the murder of Mary
Ann Smith, on the ljth of June last, in this city, came before the Court of Sessions,
for Charleston District, on Wednesday last, his Honor Judge Richardson presiding, =
The Jury brought in their verdict last night at half past 7 o'clock, after remaining
out three hours. All the prisoners were found guilty of murder, but the Jury recom~
mended Catharine Malcolm to mercy.
"The trial attracted considerable interest, and the Court House was crowded until
its termination,
"The prisoners were defended by Charles Macbeth, Wm, G. Simms, Jr., John S. Richard-=
son, June, George W. Locgan and Thomas 0, Elliott, Esq. Henry N, Cruger, Esa.
represented the State,"
VOURIER, Cpyarleston, SC, October 12, 1827 (2/3.)
"CORONER'S REPORT = A Jury of Inquest was impannelled yesterday morning in
Elliott Street to inquire into the cause or causes which led to the death of
MARY ANN SMITH, The Jury, after mature deliberation, brought in the following
verdict: That she came to her death hy several blows on both sides of the head,
shoulders and face, inflicted by one Anthony King, and that one Charles
August and Catherine Lembert, alias Malco did aid and assist in the said
murder, on the night of the 3rd instant. /S/ JOHN MICHEL, CORONER OF ST.
PHILLIPS AND ST, MICHAEL'S PARISH, The above three persons were committed by
Squire Michel, to take their trial at the next October Sessions," COURIER,
Charleston, SC, June 5, 1827 (2/4.) Note: I found nothing further in
COURIER on the murder,
" a +4 eee a Vie 7 ue
hanged seaufort County, sC on May » 119d
Mr Meredith Rich Mungen; of. May. River, South’ Caroljpx, 3
was sh Barb tly” murdered; ‘at-two-o “clock yelterday morning,, by:
pee gta? min; *hamtd: King, g (the. property of, Mr: Daniel. UMun- é ‘
] ‘geny who" ‘difchatged” a gon ‘at him whiltt: ie was ‘afleep;. the’ con. i
‘tents (OF bit oe in’ “hls: Read... “The: Negro: at made bis
rane’
Or Sa A 2 ae Fariiates) 24 itty 7
defcape.s Raat “ ane an eS © Bos: pete a? eta : A
ft5-1 791 (A: A)
fellow v named: AKingy’ wha plurdered -h ‘Mr Mongen) a
Pee le mer as mentioned in ounlalty wae taken Oh Fr vay
i A em me wounding, 4” Young: "nan. of; thet ‘a Ne
Tene wirh amuket.: He’ ‘has ince’ “bee: veriedytind teh
itl (one of the party that.went‘in tedteh: of hit} by‘ fit
class ms itive, ae rue te: h y
rrr, nh ee
The Neg-o feilow Kings who’ idee . SAAR
of May River, in Scucn Ca ed Mr: Mee
rolina; has beens idee
\ giceat, ly to hic ferteuce.
a as 2
vee he Zee wey Wy ye
es a, Veh 1 Bs .
revtan. from. Caleutia”s, a -
SLb6S74/ (2. =
hu wdoh-
CEOREM (GAxSTTE
phanwnsele /
cee.
Py et No rm a en tt RR COREE Pee aD CT NEY
s
j
a
ral
“The Garotina Spartan. |
-_———
Peivivearsbae,
=0--
EDWIN i. BOBO, ‘ruttor.
F. 31. TRIM MH R Pablisher.
a:
————S
Thurs ys Ghe 23, 1870.
Hage lente Front the A adeteon Jats bapem.
cer thal Me. A.C. Jacksoy. formerly a citizen
of this Vistrict; died at his vw sidence in An-
der:o;i District, cn Thursday jheAuh instar.t,
7 ——--————> ¢ 44> 6 oe
‘wep- Farmers will vote Airline, becayse. ‘it’
will increase the demand. fur what they make,
aud cheapen what they buy.
_: a ee ee _
Prof. James 8. Henderson
Died at Cedar Springs on Sunday last. We
will give a more extended selice of him next
week. .
_— >? <p e ¢ Cee
Receptlioa.
At Society Halls &} o'clock P. M., June 29h
1870, Wofford College. The young gentiemen
Of the College will pleasc accept our. thanks
for their hind’considcration ia extending us
the prisitese tr being present: nn
oe -_—— cs <<apPe ————— - m4 ae
Fes aid - Homicide,
We are informed that aman named Mokau
killed a colored man (name unknown) on Wed-
nesday of last. week, near the Cherokee Lron
works in ehis District. Mc.Aneg bas been ar-
rested, and lodged in jailat Unionville. We
hive heard nothing of the circumstances.
———e 0 a> 0
Incendiary.
Tbe store house of Ma. Jno. Axpenaon, for-
merly of this District, was recen:ly broken
‘open bys party of fiends in Green, Couftty,
Alabama, who plundered. what ‘valuables they
4 tuo direction of the Rabun Gap to tap Ubat
‘| Gwinnett, Hall, White, Franklin and Haber-
Fe not eccived. '
Let those who say—COh the Airline Raid. |
ron is now being built—no neet-of volitg for
it!” Letsuch remember that the Airline Rail-
tal thatis being built is (he Air Line Rail-
road'in Georgiay extending from: Adanta in
Ifond‘as soon as it is fiuished amil lo give Rail-.
road facilities to the counties of Dekalb,
sham, and draw the trade of those counties to
Atlanta. And this be completed-aithout
torming any Rond for us, or even entering our
Btete. Be not deceived.
—-— —————— +.
Rey A W Walker.
We have “just heard of thedeath of this
fious wad pyre Christian, and falful minis—
ter. Ite ‘died last (Monday ) night at 2 o'clo¢k
afters ptotracted illness of several months,
in the triamphs of the faith he had expounded
and illustrated by word and deed.
nally © lb b> © een tay nena -
Mr. Danlel Murph
A worthy and industrious citizen’ of our.
District, died very, suddenly of apoplexy om
Friday evehing Inst.
ona mem ep ible nnn ne
Woffora College, $8. €. -
Annual Commencement June 26 9.
Annual f
a ere
Jamation on Stoutey evening 27:
Annual Addregs sig the two Lilerary So-
as by Mag. . Thomas of Columbia, 8,
» 10 o’cluck a. Fisntep an, 28. Alumni ad-
pee by-A, A. A P. Hamby, Es: Esq., Darlington
8..C., 4 p.m. Aliterary exercises on the part
of the two ieties in their Tespective Halls’
bers and’ persons invited Tuesday
evening 8 p. nm | peice
Exercises: on the part~of tho graduating
class, Wednesday 29h of Jung,
The public are respectfully invited t to al-
tend,
* advertis
‘ TO THE PUBLIC A
It has been frequently
6ome of W. a’. Allen that
Piven (0 the last effusion
beats this paper. qin rey
rejoindet and sent in for
rpatienlly waiting from °
‘informed that I could no
‘| advertisment, to which ‘
quently J have to be sho
y Lshoald not have furt)
te not in the exalted esi:
{ serr, aint on that-princip
his ingjnuatiohs apon r
that hecould not conde:
thing from such a ma
mode | believe universal
cowards and calumniat
ekulk out of grave res
about by the voluntary c:
acts. Well tobe short,
»i4dnaly if T was considere’|
as only ‘‘parexcellent’’ +
that he has been serewi
ringing his hands, au:
fact and made the rethar
be nothing mort puablis!
had me choaked off &c
sideratton ‘the tenor of
mn, reliictently constra
Samson in Judges the.
“ploughed with my. heil
not with him, made-an
sions, neither put-on occ
faces to beguile the thou:
disposed. to pursne the «
Bcrmon by Rey. AW Legren, Suaoday—June, thig~addted-pen—t-would
furmighed in himself to
lamalionef.which would;
except perhaps-the @evo
the followers. of Drigh
Smith, .the toleration
point of view i isa col
ty of discipline in tho 'ch
fesses to belong; s0.th
heuses should be cautio
stones, Respectful!
. Wa. Ct
J
_June 23 :
= 09
Fhe Unien-Relor
The Banner of Reform tT
of the Cottvention—T)
ernor—A. Platform “&
fia’
r
ot ae
SiS murdered the clerk, and set fire to the
house” which tonsumed everything —they—did |
not take, Several persons have been arres-
ted, audit is thought” proof enough ‘obtained
tv convict them.
— ————i> 6-4 <> > + a
Mlarvest,
We are now inthe midst of wheat Wervest
and it gives us pleasure to state, that the croup
is reported youl iu all parts of the District:
tt was somewhat injured by the lung dreught
tu May, the heads being cunaiderably dwarfed,
~butthe grains are large and plinip; and hor
haviug been daingged by rust or-blight of any
kind, we can safely report a full average crop:
2 -— © 4CD> ¢ Gene on
ba i Me shames are all going for the Air-
hac, because it will induce immigration. aud.
incfease the demand fur mechanical labor,
*
———> ¢ 1p Pr ° ee _——
Ww. Gilmore Simims Esq,
“Died iu ‘Charleston on nthe Lith ‘Tust.
he was born in Ibuu.
where
Ife haul devoted his life
ty literary pursuits, and attained a world wide
velebrity as poet und novelist.’ South Car-
olina was proad of ler gifted son, whilst he
lived, and will ever cherish lis memory with
‘wentiments of profound adiwiration aud es-
teem.
— >? 4G>> ¢ gre.
2. re
.
‘ = eee d-witt-not-be-buitt }———-———
_— —_<» 6 eo
=r
through Spartanburg District without ihe peo-
ple vote for” Subsctipticn, Decanse tho compa-
ny are obliged to have $750,000, between
Charlotte N. C. and Gainsville , Georgia. And
if the countics through Fhion it passes dg not
raise it, the company will accept thd offer of,
the Columbia and Charlotte Rail Road Compa:
ny—to build the Airline from Chester. Court,
House to Newberry Court House at their ex.
pense. Such a divergence is nol desirable,
hut railroads cannot be built without money,
a © A 0
We publish in another column a correet re-
port of the remarks made by Dr. Sarit at the
last General Conference, which have been dis-
turteu and exagerated by certain evil- -disposed
persons, sv Ay Lo mean-something which Dr.
Suiru never thought of saying. Instead of
being -censumble—for-exaggerating-the-comdi4
lion of things in South Carolina, we think his
moderation deserves .to bo commended, in that
ho forbore to say a great deal which might
have been truthfully and appropriately said
without any vivlation of the discipline which
forbids the speaking evilofihose in authority,
It ig certain'y a new theory in Church polity,
which excinpts the wickedne-s of rulers from
The Convention re-as
at half-past ten o’clock,
General Butler, of E:
mittee, reported ‘a Plath
General J. B. Kersh
specch, explanatory oft
frequently interrupted
~ Mo was followed by
scathing reviews of the
Jonag Bird, of Charles
vention ia behalf of the
supporting the platform
| —Atter-a-ppecol-by-dyP
was adopted in the folk
This convention, rep
of South Caroliua, iries
sembled to organize (hi
State, in-an effort to rc
competent, extravagant
rupt administration of .t
and establish jurt and ¢
mony, and economy fh
and a strict accountabi
Pera; amd the election 10
known hgnosty and ints
announce the tolluwing |
the men ef all partics u
poses nforesnid :
1. The Fifteenth Ame
tution of the United si
the proper authorities p
by the requisite numbe:
ing béen received and a
onl )
iw all the States of the 1
ie A
ae | owe
enarcadt: Newed ‘ ber 24
F1STe
++ = pe
wo
My
; va Se ===
=
Shs 2h, cake o-quine: omens soi Loe
~yarThs tale 6G the real eqtate, 4t 0, 11,
on
Dar, the Isr, day
Decomber.
" Wertisomont. : ey
seg cre *
| /Phe sparta Seslens
Was eile’ i on, Mond d the aries argan~}
ized,” |." dat: pat owing to thi fy fadisp Position of Junide,
Veuxox, who is just Seccitie. ‘from a-scvert:
spelt of nickinges, / no business was ‘transacted, |
and the Court’ edged vel Welowiny
eerie thea instant.‘ x
‘ ears a teNe
We ote requested to state that the pustts: of
St Bee ade {
: ave | £0 xer- Jon |
: “ake deci, saatton’ on Thatsday evening 24th
jeoncaeenen gn D.M,, and the young |
_/ Wadigh"of the PosdhIW: Behpol Pabienns and
"/ Chirades on Friday evening following, do the;
: = = 1 deyaa.
"" BeThe communicaliga of “HM: B:” wi
~ fia Ls ar! Dext week, 4 elay ia unavoidable, | Charlestog
was the Tastrament ‘of bis “own death.
Deb tact ae
~Execated.
Ca
iS
we
aoe
@urder and, ‘condemned to be hanged, at the
lastterm of the Court ‘of Sessions for..this
‘4 ge wean fem. EAL
2: :
f°
tay
“J
Soule. ng
to nen ‘that: cur worthy
g
as
faster a the - Sheva - mee
ot the
Grand Lodge- AP M. of-:the Binte; ah
‘Exeaisi Modus, who was. sonvieted’ at ;
“Elected
a:
< [gab pposed
4 uppos
fais ; yates i:
béen @ufficie:
ever Jn this Coun
-sought @ more frui
Ashe. display,of the
‘alas for the poar fi
wering with him j
Tank reek; e-Es” ¢2 ce on a
The wi dint $f the. ‘aeloation: will va tate, inti a
nized by the fratornity generally, and ft wilt | Carolina, now i
: Tibesceas sass: will take phine-ow Puvay*} Prove bepecial grattfoatton— 1h tovs Tater
which hate had decasiog (to Withess his ‘ma.
‘gonto geal and learsing.
Se Rane
oo lelde. |.
Ae’ Thursdiy morning last, Mr. P.T. Gonsett
a highly respected citizen of our County, was
‘foubd suspended bya rope fastened fo a beam }
}between two oribs on his.own promises’ Au
examination othe body revealed the bad fact 4
thaslife was-extingt. ‘For. several wooks | pte-
_] vious bis frisnds had Geen convinced that he.
“| was auffering from great mentaf depression and’
‘occasionally dis scovered wigas ef decided de-
hehad made
to‘hie friends Yeovntly, they harg no doubt he
He Wwhs an: acsive,. saegetio and® tidusistoas,
‘mah, ‘he thrifty'farmer, ‘kind and accomoda.
herelofortbas, bee
wags and|,.carpet
freelmah that if h
he. woted himesif
was the immacuis
fies and that 40
be added to them i
ful and-wote for
limidation well c:
ee of the-freec
Wesihaisen: you
bit commends
bornd them well k
instilli princip!
4 freedmed.: that wor
dren ‘for Zenerati:
capaciry to\pay.
the Tebedian ise
“Flat Rook fully ‘a:
Ppurpepea—went tc
preparatory to. OY
gour, widst, Yuu
rads have—~epden:
4
§
chapel, commencing, at7 P.Ms Lo both ‘of
whjoh the pablic are respectfally invited.
: ‘ Sn ee
es 3 Sif
Wo: You wWant® 2 ‘Piéminmt
ting neighbor anda useful citizen, He bas
been fot’ several years an nelive member of the
methodist, ‘church, His widow and. orphancd
J children-have-the alncere sympay of our en
Partlés Weatriug | 10 compete for p bremfume-oal
- fn their statements to the -Becret
Tadssox,
‘Esq., by the 1bth of December noxtsx| «
ou ~ field-cros will remember that (hey. mist hand | .. .
»
, -H, pS 4+
eS oe sacrcantth
lire. ® eimmaally, wegen she ae
— Sr = ee - =p gee
Cotton feed.
“Allention. is “Galfod 0 th® adtoftisehient of
ES
Press ‘by enadin
officer to say'to th
4 Cterk. of Court, A
your, shall not pa
where I tell you.
ators whilst tl
am ndment
United: Biates hav:
“4 You have remain:
have been tied *j;
wotwal weld, wk the, mod¢ oF ‘ullvatoa,
; bavo évet soon in this County.
Se
, ood News,
Gxnenas, WK asx, of Greenville, “heed
recently. “been to. Richmond on . business. cons :
nected with the Air-ling Railroad.” Heig-ane4
‘
company hive ample Means at their’ Sofa nia!
J the “yield Per-tore)and from t
i rauy large. We} hope that pl
of its executive officers, and reports, Abatt, e ;
“the: sded are: smal. the Tp
t véry fino and |
suters will Pron
7
oare them for the next oro py °
Me @ppend the certificate of ae Dz. . B. Con-
—— °
wtp aoe Ea a sd
-
_,
and, will ee ns the
The fre waa fortunately discovered and put
out before it had done mach damage. * Tt orig-
~ pfashes. * More than half the fires we have
known, have originated from the same kind of
carelessness. It. is. strange that” people will
tisk so much rather than’ take the trouble to
provide ow ee with tin vessel to keep
their ashes in. A
0 <6@> 0 geen: ors
Opposite. the Palmetts.
- “Walkinto the estdblishnront of ottr old friend
xt
road to this peat we,
; inated, as le very “often tha case, froma box t
sapperclions Oz “November 18th, “1870;
B (OT WaTUTar
he seed, unusn-
conferred vy the x
The. ieauillons are plainly stated in the pubs nCy D. Evening,” Of “Amicon” cotton seed, - - vies -your “sighs 81
- ish nro tists: —¥ ele BTATSTH 6 mu ; Ie gNT To puraT
cee seetanan these stupendous t
true patriot, what
poiat:I desire’ io d
communication; ne
ion: as (6 eliait fr
remaining to us,
out opinion. /It is
Ocrats, congervati:
whatever pame th
Fby, Owo aud cour
{tis also known o
Liety can by onc st:
of the incubus the
Bono Esq; Dea® Sin :sI have | tih ~
a ta tyrel Pie nvrillé—in alone Le sacl Rake tae. ea and Oo baw;
teen mont . mae why Ma pegard it. tho beat cotton both fpr quality of
4 — month, ; o oo sg AGA MBt., God quantity of yield, I have been, yet
wee. Th aidice, ce goet” ty wag purer thea 4 bare seer seén in the
arose A Fire... sae | vomaty.* F. CONVERSE. —
; re aa av) oo ae
": abeXfemleee of Mn. Omanuge:i? Moons, apap ee
Fs tcowiy escaped being consumed last week. 4 |: Olumbia.
For the first, time giage the olope of the war,”
Wo, ‘last week, visited the once beautiful Capi-
tal of our once happy. fod prosperous Stato,
piretions-—And it
“pecuniary rain w:
sequence of this n
of cotton three ye
‘dred-and- twenty
tworto bring that
has the high’ privi
rest awhile, Lill 8
the “age of rom:
bread. But gent
would be cruel iv
We. had no desire to nee, but on the contrary
An inslinctive aversion frota Beholding 1 the des
tive (here, We are sorry, even now, that (he
pleasant picture impressod upon our mind as
| We pasged through itg beautiful streets on the
1st Jay ofJanuary 1865, must Bive place; to.
_ ‘| suck:a soone-of aphes, and ruing,.and -empti-
-{ ness. We -were-told that muck has” been apne
to repair its deanlationa and hath ..
olation and ruia of oll chat was once so altrac: |
man is our natura
this intimidation |
the Froedman, th
are alienated, we
were).a band of
fur instance to
when-we wete eng
the Freedman act
present intimidati
‘kindty;-and=ay on
| forget_all his good
ty, and’ thts” hin
aS NS
bok
P : ; : i 8 ;
» ¢ : we 4 co ‘. ae Gaerne’
: *, Wig , ee < A: oe 7: A; i ati:
A 1S oth - ae ’ g rb fay aA ;
aa i : ba 4 Wap Aig oe
Saker f pe x 4% ‘ {
eae a 7 ad t,o a git wea pt
re t ¢ ta a ; 1a poe
4 “6 ssi : 5
. : i ii Re “ ti . eee
Paice 3 %
3 a= wi a oe. oes
. * “
a ai 2 BEY a> é Bo 34a
4 } tas ae : 3,
te, a 5 ae.
} ; aan
I TIE AEE ae -
| THE WEVOY TRIAL.
j
er- THE PRISONER CONVICTED OF
{ ' MURDER.
ris | Proceedings in Court—The Testimony
er-{ —The Argument of Counsel—Stolid-
ion! ity of the Criminal—Universal Sat-
ive}. isfaction Given by the Verdict.
the j {Special Cotrespondence Constitutionalist.]
nee} This trial, originally appointed for
on- | Thureday, came offon Friday, the 5th
pal | insr., in the Court House at Aikep,S. C.,
'Pt= | his Honor, J. J. Maher, Judge of the
ith 4 gt in fort
na. | 20d judicial circuit, presiding. After
ed some delay in empanoeling a. jury,
fist) twelve men were seated in the box at
red last, three white and nine colored. The
ork | defense challenged ubout cighteen or
on- | nineteen, twenty being the limit allow-
in- ed by law, while the State challenged
ion ) two--all they could.) The State was
ah ‘represented by Messrs, P.-L. Wiggins
; ing (Svlicitor), D. 8, Henderson and RK. B.
2 of Elliott. ‘Lhe defense by Messrs. O, C.
sti) Jordon, W. J. Whipperand §, J. Lee.
‘NS The iadictinent having been read by
sep, the Solicitor, aud the priscner required
330- to plead, a motion was made by O. C.
nee Jordon, Esq., to quash the indictment,
ias- because the Graud Jury who found the
m- billhad not been legally ‘drawn. ‘The
ble motion was denied by the Court. A
dort second motion was then made to quash
twee, the indictment because of some diserep-
saucy ou comparison in the dates of the
in. rourder and of the actual death of the
but deceased. This having also been de-
rode. nied, the prisouer pleadedesnot guilty,”
> fo und was pat oo his’ trial Kefore God
iley .end his country, beth of who
is goth (so ‘greviously offended. He
* red, gloomy, sullen, bardencd looky
3 | he maiutained throughout the
Seeernal which was in perfect accordancé with
ley. the character of aman who couldeom-
Sites at lnc as
lta
fap
Syryytrsttr Con
or = te
ancl igi ol «Ra
: ; Pts es
L
i a
. y
q
———)
ry
—~S
AUGUSTA, GA.. SUNDAY. MA
McEvoy fired saw him diatinetly; saw
no pistol in Gregg’s hand; after. Mo-
ivoy’s last shot I accosted him and
asked what he was shootiog jn my of-
fice for; his reply was, “I will shoot any
man who will draw a pistoloa me.” If
Gregg had had a pistol thdek 1 would
have scen it; his right hagd was under
his coat on right bip; left 0@ bis breast;
went to his ussistance; passed
out; had a pistol fo his haad then; he
passed out and fired, but I did mot see
McEvoy then; he had gode Gif #ome-
where. Indentified pistol thet Gregg
held; never saw. it from tak hour to
this day; when Gregg:
towards the front door;
in the jamb of the door
through, After Gregg ahod
of him to put him oa | :
so faint had to lay Iter on; the floor;
several persons came ia; a
Mr. J. M. Clark; sent Capt. Hew-
land for a physician; was odé @&th par-
ty who moved ‘him. Leeper ca
Cross ~~ Examined—Tral } Yeached
Graniteville about 10 0’ 3. don’t
know that deceased and
TIUTTTTOTTT
and had vomited—but when paper was
on train together; did not @@&&@’s. on |
direct examination; it wasi@bout 14
o’elock when I first saw d and
prisoner together in ny offiilp:do'not
know that there wes a gr
lager. beer drank thore thy
there was, I don’t know It;
ry of the company, and wi
they arranging the minutes of
ing; had no agsistant; Mr. 4. ’®
ston came in to brush his cl
ing been through the mill;
in the room when [ went
shooting; do not remember amy
hall at that time; Capt. Gr
me if I ever heard him say he
ed McEvoy for stealing momay; Becol-
lect very distinctly that there was
nothing said about McEvoy’s ester cr
mother; am not positive whether [
wentinto the President’s room or nul;
cannot say definitely how long after I
left that I heard the firgt shotyit might |
have been ten minutes; the second was |
fi
fr
ar
and soon io morning take freight; I
eat my meals at home; that is about
500 yards from offiee; eat dinmer at 12
o’clock; bad had dinner that day and
calm—the car
. i fe
FE cEEE
4 oF
i
ie
F
g
Fi
|
-
{7
lb
ff
WU,
was io the Preeident’s office when the
shoo occurred; I heard three shots
before I went out; I saw McEvoy fire
at Capt G io the street with his
left hand; first time I saw Stark
Simms was when I asked him to get
something for Capt, Gregg to throw
up in, eS Dea
ee ‘g, W. HOWLAND SWORN,
Oross
the condition of the pistol was when it
left Oapt. ‘a hand; don’t know
whether itis the pistol Capt. G
‘earried; don’t know that he was io
| babit of going armed.
, MARVEY TURNER, SWORN, —
- [knew the prisoner, McEvoy, for 7
of 8 yeurs; he used to live in Granite-
‘Jef there about two years agofor
‘his me me pcre to
bave fe’ a to shoot him;
ay Addie rom
QO Reamined—He said it to me
wo were oat at the wood pile to
. + gankot tell when he sald It firet;
‘but he said several times that G
had termed him off from hie work ap
of | accused him of stealing and that wheo
he grown he’d have revenge if he
had toshoothim. ;
CHARMS HARRISON SWORN.
I live in Graniteville; know defen:
dant; he has conversed with me ia my
own yard about Capt. Gregg, some
three weeks before the shooting; sald
that if Capt, ‘Gregg ever bothered
him any more he would shoot him; that
was about three weeks before the
believe it to
the interest
The aixth
to be illem
At last
erty broug
Florenos ¥
very keenlyy
It rd » DE
tution for
Memortel
served ia
The whe
ville County
There
tor Holllu
Sales da
less and
ple came to
Treasurer
ty has recel
Sebool fuad
shooting; be spoke of vo difficulty be- |
ty
Sight
a
> postrey. £
¥
—
by
3"
srs
ii
. ey e
eh &
el
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2.99
Oe aa. me
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earsecae ty aaa set 8 Ei seats piano) dP AN. Re teas d oma
.
* bee tamurici head? Kir he tesnideg 7 Fe
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mre
i Dons a0 riag SEES Pos
coe pate yl ofa Robe a
Lg i @#, tl bs <,
oe ws. tee ne? Sed
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a vere a WL vung 2
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: es D FLEX for Gn? Cle Mel, en % en 2 eT
apa eo aon ffl 102 MEL Y fh gar hescat JacoGe
Thales oe aw a ol finite we Kl Con a a nD ew eeee id es
Lhe Coree HERR ee, gi ti oy Petes ae ele cued es
ce pee (hee x: vee aati a Omc< 2 SFY eect hee
Te ae fae a lec. fncben : ae Ae II 2
48 ol aes bead
ye mes eee
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GS 453
3
if
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~_ a ON f eee | 2° is | ,
tee ONS nit et 6 ee come ee ee el OF tng tre > ge oko ot
rs £2. oe Zz
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= “7 4
RECN By Ee Sot
' a es
» “ a4 coc
are BIS
" j _ aA WED waniinc rsa a
JOHNSON, William, black, hanged Orangeburg, 3C 6/16/1915
: nal ne parce so
TO BE HWANGED TO-DAY,
+ nae :
Wiliam Johnson to Pay the Lega)
‘Penalty for the “Usual Crime” fo
which Men are daa Rule Lynched.,
Orangeburg, June 16.--Spectal: WiIHl-
Ham Johnson, a@ young colored boy
about 18 years of age, will be legally ex-
ecuted to-morrow at the county Jjatl.
All. necessary preparationg have been
completed for the hanging and itt
will probably take place between 12
and 1 o'clock, The xentence of the)
| Court provides that the execution shall:
take place between the hours of7 10
o'clock In the forenoon and 2 o'clock In)
the afternoon, It is said that Johnson ,
has professed his readiness: to die, al-
though he still protests his .iInnovence,
His crime wag @ crimind! assault on a
white Biel
rf
U\
nw >
JOHNSON, Willie, black, hanged Orangeburg, 30, 6/21/1905
.
a '
re ‘ f
ree ree ‘aks. ome ee ee
yi Asequlting a Littl Girl
lant Johnson, Colored, Hanged for |
~ the whole thing managed by Sheriff
Dukes and his. assistants.._Johnson
yas about nineteen years of age, and
“copper colored. - He was a strong: r0-
—bust-boy-for-bis- ager --
eet
ry)
Sen
JOHNSON 'S--CRIME.——-——. —-— f
ae eperener re
ae
“This Story of the Horrible Orime ‘and
“ho ust Retribution that Over-
vee took the Guilty Party.
| William Johnson, colored, convicted
° @t the last term of the court of gener-.
' ald sezsicns of a heinous crime upon
the p2rson of an eight year old white
girl, was hanged in the jail Friday
. aorntog. about twelve o’clock in the
presence of about thirty witnesses be-
”. gideés the ofticers of the law.
+, Jonson, who had. been led to be-
~Heve by some of: his colored visitors
“and “advisors that he would not be
hung, seemed utterly indifferent to
what was transpiriog around him while
—the-perparations—wele-belng-made-for
“his execution. Atno time did he seem |
realize that be was~face to face
with death, and although be said a
few minutes before going on the scaf-
fold that he was ready to die he did
-not-appear to-appreclate. the awful
conditions that surrounded him.
_He was att2nded in his last hours by
several colored ministers with whom
he talked frezly. He denifed to the
. last the crime of which he: had been
convicted and even when on the scaf-
‘fold declared that he was innocent,
“though perpared to meet death. 7 Af.
ter the trap was sprung the negro was
dead in-a very few minutes. The ex-
ecaution was marked by no sickening
-nor sensational circumstances. The
body was taken by his family and car- |
ried to Reevesville for interment,
The gallows upon which Johnson
was executed has been used several
times before, but we are sure it should
‘have been used oftener than it has
been. The execution of Johnson was
“Carried ‘out without hitch, and in
fourteen minutes after the trap was
sprung he was proncunced dead, and
his body taken down. ‘I'ae doomed
man did not seem to suffer in the least
after the trap was sprung, so well was
Te
“diseased in a most loathsome manner.
. The little girl, whose name is Geneva
“Howell, and who is said to be only 8
&
we
winston
ted near Bowman on
March. Johnson, who had previously
-worked for Bettie Howel, the child's’
mother, came to their home the after-
goon of-March-9 ostensibly to sharp2n |
“hig. axe... While on the premises it
‘commenced to rain and he was ‘told
_that he might come into the kiteben
- until the rain was over. Both mother
‘time, but the mother was called to
-the front of the house and it was dur-
_{ng-her short absence that the deed
was done. co
“Pao child: made. no outcry,.and al-
- though she complained -a good deal of
being sick, did not tell her story until
"week “later, when the mother be-
game alarmed_and called in Dr. Carn.
a
ov
-j@-found-infammation:~—Later on he
_“found-the -little~-girt-auffering-from-a-
loathsome disease, which afterwards
“paralyzed her “lo l
- her a hopéless cripple. -
- "pr, DI: Hydrick also testified that
The crime for which Jonnson paid
the penalty is no doubt. remembered
by.all of our.readers.. It was commit. |
the 9thof last
and child werein the kitchen at the
eee eters
“Ay BOON as these facts” weré” known |
“Sherif Dukes was notified and he im-
‘mediately. went for and arrested the
negro, who bad made no. effort to
‘escape. Dr. Carn testified at the trial.
that when he made the examination
made a more-careful examination and
caused: a chronic poisoning and has
r lower limbs, rendering
g@careful examination, which proved
won all, and gave her testimony calm-
‘the arnos of her mother and placed in
~g chatr which was lifted by deputies
tothe witness stand when she was
soon after the negro’s arrest he made
beyond doubt that the prisoner was
years of age, has a pretty face that
ly, but in an innocent and childlike
9.. She was brought into court in
-/)
SC ©6faliio (1
EMOCRAT, Qo aug LAG
ov
Times-D
542 «56.0C.
porch by the window. This lady must
have heard me or seen me because
when she walked up to this door and
asked me what I wanted and asked me
‘what are you doing out there nigger’?
I had a sock on my right hand to keep
from leaving a print on the window
sill. I had took my shoes off and had
the sock on my hand. I told her I
wanted two dozen eggs, I was going
to pay for the eggs and then walk
away. She asked me what was wrong
with my hand and I told her I cut my
hand, she come on with the eggs, she
held them back and kept looking at me
and dropped the eggs then grabbed
ahold of me and started hollering for
help and I was trying to get away from
her. I backed down the steps on my
knees and she went down and I got
up and tried to get away from her. I
was trying to hold my hand over her
mouth. Something fell out of her
mouth it must have been her false tecth
or something like that, then I struck
her, I tried to hit her back of the neck
about three times. Then after that I
hit her again with my fist after we got
out by the car shed. She let go of me
and fell to the ground and that is when
‘I took off. I heard somebody calling,
a man or lady. I left and come across
the field and went home.”
It is seen that rather than a confession
of the crime of which appellant was con-
victed, it is exculpatory in nature.
Witnesses for the State testified to blood-
stains on the porch and evidences on the
ground of struggle in the yard, weeds and
grass mashed down at the alleged place of
the culmination of the attack.
The first ground of appeal relates to the
admission in evidence of a photograph of
the home of the prosecutrix which appel-
lant’s counsel refers to as State’s Exhibit
No. 1. It was printed in the brief “2” and
changed by marking through with pencil.
Ifowever, it appears from the following
that counsel was correct in the first place,
113 SOUTH EASTERN REPORTER, 2d SERIES
and the exhibit to which he refers is No.
2; there was no No. 1 before the jury.
One of the officers had taken, and pro-
duced at the trial, eight photographs of
various views of the premises which, at
the suggestion of the court, he numbered
1 to 8. In the absence of the jury the pic-
tures were considered by court and counsel.
No. 1 was objected to by counsel for appel-
lant but the court indicated that it would be
admitted. Transcript, folio 265. However,
when the jury was recalled and the trial
proceeded the State did not offer No. 1 in
evidence, but began with No. 2. Tr. £. 274.
No picture or exhibit No. 1 was admitted
in evidence. This has been verified by this
court by examination of all eight photo-
graphs, those which were admitted in evi-
dence, exhibits Nos. 2° to 8 inclusive, and
photograph numbered 1 by the photogra-
pher, which has been furnished to the court
by the Solicitor from his file. Incidentally,
it is unobjectionable, but it was never be-
fore the jury. There is little, if any, dif-
ference between it and No. 2, to which
counsel made no objection, and there was
no basis for objection.
[1] All of the pictures have been exam-
ined with care (including No. 1 which was
not in evidence) and there is nothing in
any of them which was calculated to in-
flame or arouse the sympathy or prejudice
of the jury. They do not come within the
rule of State v. Jones, 201 S.C. 403, 23 S.E.
2d 387, 390 cited in the brief. Rather, they
fall within the following conclusion in the
opinion in that case: “Two of them (photo-
graphs) showed parts of the premises where
the homicide actually occurred and were
clearly not subject to objection.” Inci-
dentally, out of an apparent abundance of
caution the court excluded from evidence
the articles of clothing which the officers
had taken from appellant on the night of
the occurrence. This is mentioned to show
the care with which the case was tried.
Error is assigned on account of the fail-
ure of the trial court to instruct the jury
relative to the admissibility of extrajudicial
yy
SoH
RRR TORE ig ch
PAREN
- pe s STATE vy, JOHNSON: - P ent S.C. 543
Cite as 113 8..2d 540
confessions, the necessity of the voluntari-
ness of them and the function of the jury to
determine that issue, if present, and their
right to believe or disbelieve them in whole
or in part. There was no objection by
counsel to the admission in evidence of the
statement given by the appellant to the
officers, as recounted and quoted from
above, and their testimony was to the effect
that it was entirely voluntary, which was
not contradicted although appellant testi-
fied; indeed, it was confirmed by him in
testimony, as will be seen. However, we
shall consider the point because this is a
capital case.
[2] It has been held that it is reversible
error for the court to fail to instruct the
jury concerning a confession, the admis-
sibility, weight of it, etc, when such is
received in evidence in a death case al-
though there is no request for such instruc-
tions, as there was none here. State v.
Clinkscales, 231 S.C. 650, 99 S.E.2d 663.
But in this case appellant’s testimony upon
trial was in substance the same as the state-
ment, so there could not have been any
prejudice to him. State v. Harvey, 220 S.C.
506, 517, 68 S.E.2d 409. On direct examin-
ation by his counsel he testified concerning
his statement as follows:
“Q. Let me ask you this: now this
morning you heard the statement read
to the jury which you were supposed
to have signed? A. Yes, sir.
“Q. Did you sign that statement?
A. Yes, sir, I did.
“Q. Is that statement true? A
Yes, sir.
“Q. Is there anything omitted out
of that? Did you omit telling anything
that happened that night in this state-
ment? A. I don’t understand.
“Q. Did anything happen at the
house of Miss Dantzler that was not
placed in this statement that you
signed? A. No, sir.
“Q. You signed this statement on
your own free will? A. Yes, sir.
“Q. Were you drunk? ‘A. I wasn’t
drunk but I was pretty high. I had
been drinking quite a bit that day.
“Q. But you weren’t drunk? A.
No, sir.
“Q. You are saying you remem-
bered what happened and what you
state here is the truth? A. Yes, sir.”
[3] Without having made timely motion
for directed verdict upon any of the counts
of the indictment, whereby it would not
be considered in other than a capital case,
appellant moved after verdict for judgment
notwithstanding the verdict, coupled with a
motion for new trial, upon the ground, as
elaborated in the brief, that, according to
the testimony of the prosecutrix, there was
penetration and the jury reasonably could
not have found appellant guilty of assault
with attempt to ravish, which they did. The
appellant denied penetration, which is es-
sential to the crime of rape. Before sub-
mission of the case to the jury the trial
judge stated to counsel his intention to
submit to them, and instruct them with re-
spect to, all three counts of the indictment.
He invited motions by counsel, and there
was none.
This point of appellant is concluded
against him by the reasoning and result of
the recent case of State v. Collins, 228 S.C.
537, 91 S.E.2d 259. There was no merit
in either aspect of appellant’s post-verdict
motion and it was properly overruled.
In favorem vitae we have searched the
record for prejudicial error, whether the
subject of exception or not, and none ap-
pears. We agree with the able and ex-
perienced trial judge in his comment at the
conclusion of the trial that it is “about as,
clean a record” as he had ever seen,
Judgment affirmed.
TAYLOR, OXNER, LEGGE and
MOSS, JJ., concur.
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—_
, circumstances existing at the time.”
KENNY, George,
S SPARE v. KENNY.
of things, there is in every transaction a
succession of events, more or less dependent
upon those preceding, and it is in the prov-
iuce of the jury to look at this succession of
events or facts and ascertain whether they
are naturally and probably connected with
each other by a continuous sequence, or are
dissevered by new and independent agencies,
and this must be determined in view of the
See,
also, Lutz vy. Railway (N. M.) 30 Pac. 916,
16 L. R. A. 819; Harrison y. Berkley, 1
Strob. 525, 47 Am. Dec. 578; Pickens y. Rail-
way, 54 S. C. 503, 32 S. E. 567. From these
authorities it will be seen that it would re-
quire no strained construction here to find
that the damages alleged were the proximate
result of the defendant's action. The sur-
rounding levels were altered so that the wa-
ter was thrown on plaintiff's property and
injury resulted. It is true that the water
was the cause of the injury, but we are not
prepared to say as a matter of law that it
was the natural, proximate cause. This was
a question of fact and should have been sub-
mitted to the jury. If we are not mistaken
in these opinions, clearly the circuit judge
was correct, and the plaintiff has a right to
maintain his action.
Section 2010a of the Civil Code of 1902
is also relied on. It provides:. “Whenever
~~ in the boundaries of any municipality, it
| be necessary or desirable to carry off
“ uuc Surface water from any street, alley, or
other public thoroughfare, over the private
lands, property adjacent or adjoining such
thoroughfare, upon demand from the owner
or owners thereof, such municipality shall
provide sufficient drainage for such water
through open or covered drains, except where
the formation of the street renders it im-
practicable, along or under such streets, al-
leys, or other thoroughfares, in such manner
as to prevent the passage of such water over
private lands or property: Provided, that if
such drains cannot be had under or along the
streets, alleys, or other thoroughfares, then
the municipal authorities shall have the pow-
er and authority to obtain under proceedings
for condemnation as for highways on pay-
ment of damages to landowner, a right of
way through the lands of such landowner
for the necessary drains for such drainage.”
“Sec. 2. That if any municipal corporation
in this state shall fail or refuse to carry out
the provisions of this act, any person injured
thereby may have and maintain an action
p against such municipality for the actual
damages sustained by such person.” Laws
1902, p. 1038. Having reached the conclu-
sion that the above considered statute gave
‘the plaintiff the right to maintain his action,
We do not think it necessary to construe the
last quoted act.
The contention of the defendant, however,
at injuries here complained of were a
.uce per se, and the plaintiff has alleged
bd
1, hanged Charleston, 3c 1-18, 1908
859
no special nor peculiar damages. The facts
alleged do not support this contention. It
seems that the plaintiff’s property was so
Situated that it alone was flooded and injur-
ed. The damage was peculiar to this special
piece of land, and nowhere in the complaint
is a single allusion made to other property.
The neighborhood is not involved in the is-
sue. This contention of the defendant there-
fore must be overruled.
It is the judgment of this court that the
judgment of the circuit court be affirmed.
[er J
VAN METRE y. CITY OF COLUMBIA.
(Supreme Court of South Carolina. July 4,
1907.)
Appeal from Common Pleas Circuit Court
of Richland County; Klugh, Judge.
Action by one Van Metre against the city
of Columbia. From a judgment overruling a
demurrer to the complaint, defendant appeals.
Affirmed.
Allen J. Green, for appellant. Thomas &
Thomas and Andrew Crawford, for respond-
ent,
POPE, C. J. This case was heard with the
case of Mayrant v. City of Columbia, 77 S. C.
281, 57 S. E. 857, and, although the facts are
not identical, yet the questions of law raised
are the same. The circuit judge overruled a
demurrer to the complaint on the ground
that it did not state facts sufficient to con-
stitute a cause of action, and the defendant
appealed. For the reasons stated in the case
above referred to the decisions must be sus-
tained.
It is the judgment of this court that the
judgment of the circuit court be affirmed.
———_]
STATE vy. KENNY.
(Supreme Court of South Carolina. June 28,
1907.)
i. CrrImMInAL LAwW—APPEAL— HARMLESS ER-
ROR—TRIAL—ILLNESS OF COUNSEL.
Where counsel for defendant, charged with
murder, insists that he cannot go to trial be-
cause of illness, and the court appoints counsel
on the date set for trial and continues the case
to a later date, and defendant refuses to accept
the appointed counsel, and on the adjourned da
the original counsel appears and goes on wi
the trial, there is no reversible error.
[Ed. Note.—For cases in point, see Cent. Dig.
vol. 15, Criminal Law, § 3085.]
2. SAME—CONTINUANCE.
A motion for continuance of a criminal
case is in the discretion of the trial judge.
[Ed. Note.—For cases in point, see Cent. Dig.
vol. 14, Criminal Law, § 1311.]
3. SAME—CoNDUCT OF TRIAL.
Where one indicted for murder attempted
once or twice to escape, the placing of one or
two constables about the prisoner in the court-
een ee
—"
”
sat BANGS iL Ss
860 57 SOUTHEASTERN REPORTER. (8. Q
room does not tend to unduly prejudice the jury.
[ed Note.-—For cvees in netnt, see Cent. Dig.
vol. 14, Criminal Law, § 1484.]
4, SAME—SEVERANCE. .
Severance in a criminal case is in the dis-
cretion of the trial judge.
[Ed. Note.—For cases in point, see Cent. Dig.
vol. 14, Criminal Law, § 1380.]
5. SAME—DECLARATIONS OF CODEFENDANT.
Where three persons are charged with mur-
der and a severance is ordered, declarations of
one charged in the indictment. but not then on
trial at the time of the commission of the act,
are admissible.
[Ed. Note.—For cases in point, see Cent. Dig.
vol. 14, Criminal Law, § 984.]
6. SAME—EVIDENCE.
On trial for murder, it is not error to ask
defendant if he had, since the homicide, the
watch of deceased in his possession and to cou-
tradict him upon denial.
[Ed. Note.—For cases in point, see Cent. Dig.
vol. 14, Criminal Law, § 824.]
7. SAME—INSTRUCTIONS.
Where a severance has been granted on an
indictment against three persons for homicide,
and one alone is put on trial, the court may
properly instruct that the persons named in the
indictment are charged with the offense and as
to aiding and abetting in committing the crime.
Appeal from General Sessions Circuit Court
of Charleston County.
George Kenny was convicted of murder,
and appeals. Affirmed.
W. Turner Logan and Jno. P. Grace, for
appellant. W. St. Julien Jervey, for respond-
ent.
POPE, C. J. The defendant, George Ken-
ny, was convicted at the November, 1906,
term of the court of general sessions for
Charleston county, of the murder of Herman
G. Stello, a guardsman at the stockade where
the convicts of the Charleston county chain
gang were confined. The facts as proved
by the state were as follows: On the 16th of
August, 1906, Harmon Wilson, George Ken-
ny, and Alonzo Goodwin, in pursuance of a
previously made plan, pretended that they
were sick and unable to work; consequently,
they, with two other convicts. Clark and Dun-
ean, were allowed to remain in the stockade,
the balance of the gang going about two
miles away to work on the state road. Some
time after the departure of the gang Wilson
got the water bucket from the shelf, and, go-
ing to the window, asked Stello, the guard,
to hand them a bucket of water. In pursu-
ance of this request Stello was opening the
door of the pen of the stockade when Wil-
son forced it back, struck him in the head
with the bucket, and seized him by the throat.
Immediately Kenny sprang upon him and
with a razor or some other sharp instrument
slashed his throat and neck so that he bled
to death. They then thrust Stello into the
pen, drove in the other two convicts who re-
fused to attempt to escape and two cooks
who had been sleeping in the kitchen, locked
the door, and, after changing clothes, made
their escape. A short time afterwards Clark
and Duncan, the two convicts, succeeded in
breaking open the door of the pen and gave
the alarm. Kenny was later captured at
Greeleyville and carried back to Charleston
for trial. When court convened, Wilson and
Goodwin were still at large. Therefore, when
the cause was called, the three having been
indicted together, the circuit judge, on mo-
tion of the solicitor, granted a severance, and
Kenny was placed on trial alone. He had
employed as his counsel D, B. Summers, a ne-
gro lawyer of Charleston, who upon the day
set for the hearing of the cause appeared and
informed the court that on account of in-
disposition he would be unable to conduct the
case at that time. Thereupon the court ap-
pointed Messrs. Whaley & Bissell to defend
Kenny, and postponed the day of trial so as
to give them time to prepare. Kenny refused
to accept the services of counsel thus ap-
pointed, and on the day set for the hearing
Summers appeared and conducted the case.
1. The first question raised by the excep-
tion is whether the circuit judge erred in
appointing Messrs. Whaley & Bissell in the
place of Summers and afterwards reinstating
Summers. The right of persons indicted for
capital crimes to have counsel for their
defense is now generally conceded. In the
United States, upon the adoption of the Con-
stitution, it was provided, among other
things, that the accused should have counsel
for his defense, and most of the states, fol-
lowing the example thus set, have incorporat-
ed a like provision in their Constitutions. If
the defendant has employed counsel, it is not
incumbent on the judge to examine into his
proficiency or to give other counsel. It is
only in those cases where the accused is too
poor to provide counsel for himself that it is
the duty of the judge to appoint. In the
case here under consideration the circuit
judge was especially indulgent. When he
learned that Summers would not appear he
appointed two able lawyers to try Kenny’s
case. His refusal to accept their services
was his misfortune, and it was not the duty
of the judge to dispel the prejudice created
by his former counsel. But it is alleged that
the judge erred in deposing Summers. While
we think he did not (People v. Goldenson, 19
Pac. 161, 76 Cal. 328), yet, even if he did, no
harm came to the accused on account there-
of. Messrs. Whaley & Bissell were never tak-
en into the confidence of Kenny, and in the
true sense were never his attorneys. Sum-
mers, the defendant’s retained counsel, ap-
peared on the day of the trial and conducted
the case. He was not placed at a disadvan-
tage, for he had already had about two
months to prepare his case, and, granting that
he had been inactive during the interval be-
tween his removal and the day of the trial,
still he stood in exactly the same place as he
did Xt the time the case was first called. It
is possible that he even profited by the de
perme
2 ‘ : we Bik ee LARA Ee See ee a
| KENNY, George Jan. 18, 1908
57 SE 859 . | ;
"Charleston, S., C., 1-18-1908 ~ George Kenny, a negro,
was hanged Friday (1-17-1908) for the murder of E.G,
Steele, a white guard at the convict camp in this county, ”
Though a*reprieve was asked for on the ground that Kenny:
was dying of kidney disease, the governor declined to
intervene," JOURNAL, Atlanta, Ga., 1-18-19C83°.
j
bs
4
"Columbia, Dec, hy 1907-Gov. Ansel has granted a respite td
George Kenny, the negra youth, who isysenténced to be hange| ~
‘in Charleston Friday, Dec, » forthe murder of‘ Hy G, Stell
& guard of the chain gang in that county, who was killed
last August when Kenny and other prisoners attempted to
make their escape from the prison stockade, Kenny, who is
only 19 years o8 age, and a boy of slight build, is dying |
Si A
MOXXRKEARY 57 SE 859
KENNY, George, black, 19, hanged Charleston, S. C., on January 18, 1908,
"Charleston, S. Cey Oct. 23, 1908=George Kenny objected to the sentence of death being
passed upon him in the court of general sessions, because he is afflicted with dropsy and
Jail Physician Bellinger says that he can live but a short time, Kenny was convicted of
the murder of Chaingang Guard Stello a year ago, The 4#% case went to the Supreme Court
on an appeal, where the lower court was sustained, Kenny was ordered to be resentenced
to death at the present term of the court. He has been quite ill for several weeks and
it is doubtful if he will live to die on the gallows, When asked if he had a reason why
the sentence should not be passed upon him, he stated that he had, and it was because
he had been taken from his deathbed for the sentence of death on the gallows," JOURNAL
Atlanta, Gae,y Oct, 23, 1907 (he1.)
"Charleston, S. Ce, Auge 20, 1906-Sheriff Martin has news that George Kennie, one of the 3
negroes who murdered Guard Stello and escaped from the stockade, was arrested at es
Greeleyville, S. C., Saturday evening, the other two negroes are reported to be hiding
in the woods," JOURNAL, Atlanta, Georgia, August 20, 1906 (9:6,)
"Charleston, Se Ceo Ause 17-Herman G, Stello lies dead here today, murdered by three ne-
gro convicts, who made their escape late yesterday afternoon from the county drainage
gang, The sheriff, with a posse, is in pursuit of the negroes, who are in the swamps
of Charleston neck, Stello, a white guard, was alone with the convicts in camp, They
played sick and got him to come among them with water, Then they killed him and
escaped," JOURNAL, Atlanta, GA, Aug. 17, 1906 (11:6.)
862
to compel him to acquit himself of two of-
fenses instead of one, but it is detrimental
to justice to burden a trial with multiplied
issues that tend to confuse and mislead the
jury.” The evidence here referred to falls
plainly under the exception and is competent.
It was introduced to connect Kenny with the
crime, and its admission was no error.
There are a number of exceptions to the
charge of the court, but they raise the sole
question whether after having granted a
severance the circuit jurge erred in holding
that two other persons appeared in the in-
dictment, and in charging the law as to per-
sons acting in concert in pursuance of a
common design to commit a crime. Plainly
there was no error. Granting a severance
does not strike the name of the party from
the indictment, nor does it alter the charge
made therein. As was said in State v. Mc-
Lendon, 5 Strob. 85: “It is a well-settled
practice of the court that the judge has no
power to order the names of any defendant
struck from the indictment. Such a power
would substitute the judge for the jury in
deciding a question of evidence. He may,
however, at his discretion grant a separate
trial of the parties.” Such a severance only
permits one or more of the parties to the ac
tion to be tried apart from his co-parties on
the charge made in the indictment. All the
facts of the crime must be shown and the
part the person or persons on trial took
therein. It is incumbent on the court to give
the jury the law applicable to the offense
charged, and the duty then devolves upon
them to apply the law to the facts proved
and find a verdict as to the person being
tried. The defendant’s guilt or innocence
will depend upon whether or not. the jury
are satisfied beyond a reasonable doubt that
he committed the offense, or, if he did not
commit it, whether he was present aiding
and abetting others. Taking the charge as
a whole here, as it is well settled must be
done, we can find nothing therein contrary to
law nor prejudicial to the defendant. The
court, after defining murder and manslaugh-
ter, proceeded to charge the law applicable to
persons acting in coucert to accomplish a
common design. ThiS was necessary, for,
although a severance had been granted, still
the indictment charged joint murder. The
charge given left it with the jury to say
whether Stello came to his death by the
bands of Kenny, or whether he was present
taking part in aiding and abetting some one
else to conmit the crime. Equally free
were they, so far ag the charge was con-
cerned, to find that he was not guilty at all;
that the other parties committed the crime.
We must presume that the matter was grave-
ly and thoughtfully considered, and that the
jury were satisfied beyond all reasonable
doubt of defendant’s guilt. Such was the
tenor of their verdict, and, there being no
error of law, this court cannot interfere.
It is the judgment of this court that the
57 SOUTHEASTERN REPORTER.
%
judgment of the circuit court be affirmed, ans
the case remanded, so that a new time may
be set for carrying into execution the man.
date of the law. y
en)
(77 3. C. 260)
BUIST v. CITY COUNCIL OF CHARLES-
TON.
July 2,
1. StaruTEsS—GENERAL AND SPECIAL AcTrs~—
AMENDMENT OF CHARTER.
Act Feb. 18, 1907, authorizing the city of
Charleston to issue coupon bonds to pay the
present bonded debt, does not change or alter
the charter of the city, and is not obnoxious to
Const. 1895, art. 3, § 34, subd. 3, providing that
the Assembly should not enact any special lawg
amending city charters.
{[Ed. Note.—For cases in point, see Cent. Dig.
vol. 44, Statutes, § 105.]
2. CONSTITUTIONAL LAW—JUDICIAL OB Leas.
LATIVE QUESTION.
Whether an act is obnoxious to that provi-
sion of the state Constitution prohibiting the
passing of a special law where a general law
can be made to apply is a legislative question. ..,
[Ed. Note.—For,cases in point, see Cent. Dig.
vol. 10, Constitutional Law, § 130.]
3. STATUTES—TITLE OF ACT.
Act Feb. 13, 1907, authorizing the city of
Charleston to issue bonds to pay maturing bond-
ed debt, is not in violation of Const. art. 3,
§ 17, providing that every act shall relate to
but one subject, to be expressed in the title,
{Ed. Note.—For cases in point, see Cent. Dig.
vol. 44, Statutes, §§ 126—127.]
4, TAXATION—EXEMPTIONS. “3
That the provision in Act Feb. 18, 1908;
authorizing the city of Charleston to issue
bonds to pay its present bonded debt, exempting
municipal bonds from taxation, makes munici-
pal taxes heavier on those owning no such bonds,
is no reason for prohibiting the exemption.
Application by Henry Buist for injunction
against the city of Charleston. Application
refused. ’
This is an application to the court, in the
exercise of its original jurisdiction, for an
order enjoining the respondent from issuing
certain bonds, on the ground that the follow-
ing act, which was approved on the 13th of
February, 1907, is unconstitutional:
(Supreme Court of South Carolina.
1907.)
ray os
“An act to authorize the city council of
Charleston, S. C., to issue coupon bonds
at a rate of interest not exceeding four
per cent. per annum for the purpose of
taking up or exchanging the four per cent.
coupon bonds of said city maturing on
January 1st and July ist, 1909.
“Whereas, certain four per cent. coupon
bonds of the city of Charleston, S. C., hereto-
fore issued pursuant to law, will become due
as follows, that is to say: One million four
hundred seventy-four thousand seven hun-
dred ($1,474,700) dollars of said bonds on
January ist, 1909, and one million eight
hundred seventy-seven thousand ($1,877,000)
dollars of said bonds on July 1st, 1909; and
“Whereas, it is the desire of the city coun-
cil of Charleston, S. C., to provide for the
wr oe.
i
fi
\
8. C.)
lay. We must therefore overrule.this conten-
tion.
2. Nor do we find error or abuse of discre-
tion on the part of the circuit judge in causing
the case to be heard. It is well settled that
continuances on any ground are discretionary
with the trial judge, the only limitation be-
ing that he shall not abuse that discretion.
State v. Murphy, 48 S. C. 1, 25 S. E. 43; State
y. Atkinson, 33 S. C. 109, 11 S. E. 693; State
v. Wyse, 33 S. C. 582, 12 S. E. 556. And the
rule is reasonable. He is present, familiar
with the surrounding circumstances, and is
in a position to know whether substantial
justice can be had without a continuance. It
is a right of the defendant to have a speedy
trial, and often justice demands it. All that
is required is that no right of the accused be
denied—that he receive a trial according to
law. Kenny had such a trial, and he has no
right to complain.
3. It is urged, however, that the jury was
prejudiced against Kenny by reason of his
being accompanied by an armed guard. In
the modern courtroom it is a rule that as
little show of arms, etc., must be made as
possible. In most jurisdictions handcuffs
even are not allowed to be kept on the de-
fendant during the trial. The presence of
uniformed men, the display of arms, in fact
anything going to create the impression that
the person in custody is an unusually danger-
ous criminal, has its weight with the jury,
and should not be allowed.. But there was no
such display here. It may be that there
was one, or possibly more, guardsmen in the
courthouse, but had not Kenny demonstrated
that it was necessary to guard him? Had he
not escaped from the stockade more than
once, and even then was on trial for a mur-
der of the most heinous character? Grant-
ing, as his attorneys contend, that he had the
appearance of a meek, timid little boy, yet
he had indeed shown himself to be a wolf in
sheep’s clothing, and worthy of watching.
This contention must be overruled.
4. That exception should be taken to the
severance seems to us unusual. So often is
the necessity, so frequently is it done, and so
numerous are the decided cases that it would
seem no one would question its propriety, es-
pecially in causes such as the one now under
consideration. In many cases of murder and
conspiracy it happens that some of the per-
petrators are captured, while others more for-
tunate make their escape. Will it be said
that because all could not be taken those
who are cannot be placed on trial and punish-
ed? Such a course would frequently defeat
justice and often allow criminals to go free.
Severance is discretionary with the circuit
judge, and where he exercises his power this
court will not interfere. State v. Mitchell,
49 S. C. 410, 27 S. E. 424; State v. Wyse,
supra; Ball v. U. S., 168 U. S. 662, 16 Sup.
Ct. 1192, 41 L. Ed. 300.
5. We now proceed to consider whether the
eourt erred in admitting Wm. Duncan’s testi-
STATE v. KENNY.
861
mony as to language used by Wilson as he
was driving Duncan and Clark into the pen.
Three persons were indicted for the commis-
sion of the crime. The effort of the state
was to prove that there was a concerted plan
between these persons, and that they aided
and abetted each other in carrying it into
effect. Although only one of the accused
was on trial, yet it was necessary to bring
out all of the particulars of the crime in
order to prove what part he took therein.
If all of the acts and words of co-conspirators
were excluded, it would in many cases be
impossible to bring home to the person being
tried his own criminal acts. In such joint
crimes the act of one party is the act of the
other. 1 Greenleaf, Evidence, § 111, and au-
thorities. Kenny was taking part in the act
in which the language objected to was used.
He it was who, according to the testimony,
locked the door immediately after Wilson
had driven the convicts in. It was all one
act, and the circuit judge did not err in ad-
mitting the evidence.
6. The defendant in the next place con-
tends that there was error in allowing Kenny
to be questioned as regards to taking Capt.
Stello’s watch, and then permitting the
state to contradict his testimony. To sus-
tain their contention the case of State v.
Wyse, 33 S. C. 582, 12 S. E. 556, is relied
on. The general rule is there well stated.
The present case, however, is distinguished
in that here, while the fact was in a sense
collateral, yet it was a part of the whole
transaction; it was an event going to connect
Kenny with the crime. In State v. Wyse the
question related to a fact entirely distinct,
probably taking place years before. The lan-
guage used in Shaffner v. Commonwealth,
72 Pa. 65, 18 Am. Rep. 649, correctly states
the rule, and we adopt it here: “It is a gen-
eral rule that a distinct crime, unconnected
with that laid in the indictment, cannot be
given in evidence against a prisoner. It is
not proper to raise a presumption of guilt
on the ground that, having committed one
crime, the depravity it exhibits makes it like-
ly that he would commit another. Logically,
the commission of an independent offense is
not proof, in itself, of the commission of an-
other crime. Yet it cannot be said to be
without influence on the mind; for certainly,
if one be shown to be guilty of another
crime equally heinous, it will prompt a more
ready belief that he might have committed
the one with which he is charged. It there-
fore predisposes the mind of the juror to be-
lieve the prisoner guilty. To make one crim-
inal act evidence of another, a connection be-
tween them must have existed in the mind
of the actor, linking them together for some
purpose he intended to accomplish, or it
must be necessary to identify the person of
the actor by a connection which shows that
he who committed the one must have com-
mitted the other. Without this obvious con-
nection it is not only unjust te the prisoner
Isasc Kinard, black, hanged Laurens, SC, for
murder on 10/16/1891. : .
KINARD, Isaac
undated 1892 Chicago TRIBUNE sent by Massey &
containing 1891 execution listings.
Charest News b Comrizr 4726 A hited ls lard tory, a Whi fe tl?
hued hte! Okner, 0 6/13 /9/
The result of votes as tabulated by the
C. Ezell, of Woodruff, died on the 11th
Tg rt is
THE The Glenn Springs Railroad. Mifs Lillie Ezell, daughter of Rev. L, NEW ADVERTISEMENTS
Enterprise and Molntaneey.
@Greenvilte S. C., October 21, 1891,
JOHN C. BAILEY, EDITOR.
THE GIRLS’ SCHOOL.
The commission appointed by the Leg.
islature to look into the establisbment of
a State Industrial School for Women met
in Columbia on Saturday last. They bave
decided to suggest thatthe age of admis-
sion shall not be less than fifteen years,
and that a good knowledge of the common
school branches shall be required. Sten-
ography, type-writing, telegrapby, drese.
making, millinery, industrial drawing,
architectural drawing, cooking, printing,
housekeeping and all kindred practical
studies will betaught, and each student
will be required to do some work in
addition to the special industrial branch
taken up. There will not be less than
ons instructor for every twenty or twenty-
five students.
The commission will not recommend a
location for tbe school, but will make a
minute report to the Legislature concern.
ing each town visited, giving all the local
advantages and the money and land offers.
THE ALLIANCE MEETING.
The adjourned meeting of the County
Alliance was held on Monday morning in
the Court House... About a hundred dele-
gates were present, forming quite a repre-
sentative body. Acttion was taken con-
cerning the sampling, grading and clas-
sifying of cotton, and if carried out will
be sure te result in benefit to the farmers.
Also the Alliance forces have been unified
on the warehouse. This was a highly.
enthusiastic meeting and many prominent
Alliancemen made stirring speeches.
Resolutions were passed advising farmers
to hold their cotton, putting it in the ware-
house and borrowing money at the banks
sufficient to satisfy their creditors. This
resolution. was passed because, although
the cotton crop is much smaller but of a
better quality than Iast year’s, yet the price
is absolutely below the cost of production.
The sub-Alliances of the County have been
called upon to act in accordance with the
meeting on Monday.
A grader and sampler will probably be
stationed at the warehouse and the cotton
will. be weighed and stored. The cost of
storing im.the warehouse after the fifteen
days of free storge will be very cheap.
— © <a
A GOOD BEGINNING FOR THE NEW
‘ COUNCIL.
Since Mayor GILREATH assumed charge
of the City’s affairs, he bas studiously
endeavored to promote its best interests,
as the great body of the people had every
reason to feel assured that be would de,
not only looking after the morals of the
wayward when it came within the line ef
hie duty to do so, but aleo has tried to have
those who have fallen by the wayside
through their own misconduct, to pay a
part of the expense sustained in their
correctiion.
Yesterday morning, Clerk Bostick
afforded us an opportunity of looking over
the records of the Mayor’s Court proceed-
ings, transacted since tho 17th of Septem-
County Commissioners in regard to the
building of Glenn Spring Railroad at a
meeting of the Board of County Commis-
sioners beld on the 17th instant the tollow-
ing was declared: ;
Number of votes polled in Fair Forest
township 180, of which 116 were for sub.
scription, 66 no subscription,
Reidville townsbip—whole number. of
votes polled 564, of which 379 for subscrip-
tion, and 182 for no subscription, and the
Board declared the election in favor of
subscription for each of the said town-
ships.—Spartanburg Herald.
Unton—The election held in Union on
Wednesday to decide for or against the
subscription of $20 000 to the Cape Fear
and Cincinnati Railroad resulted ina mi-
jority for subseription, the vote being 112
for subscription and twenty-nine against.
—The State.
_—————> © <a
A BoILer FxpLosion.—By the explo-
of the boiler of an engine belonging to Eli
Gregg & Son, at Mars Bluff, six miles be.
low Florence, on the 14th inst, Wes
James was killed and Thomas Brown and
Bob McLeary were nearly scalded to
death.
James, who was the ginner upon the
second floor, was found beneath the large
boiler, which had turned a complete somer-
sault. and. waa thrown: about forty feet
from where it was standing. The two
negroes who were scalded were in the
press. Ooe of Mr. Gregg’a sons was within
a few feet of the engine when the explosion
occurred but escaped unburt. He says the
fiirat thing he knew was that he was run-
ning away from the spot. The gin house is
acomplete wreck, as well as the whule
concern. Mr. Gregg’s damages will amount
to considerable.
The cause of the accident is unknown,
but itis supposed that the water bad gotton
below the crown sheet and the gauge clog-
ged up so as to prevent the water from
‘unning out of the gauge.
How Tuey Sexi Corron in Yorx.—
There was another big cotton sale at this
place last Weduesday and the Yorkville
market sustained {ts reputation of being
one of the best within fifty miles,
The sale was worked up by Mr. J. M.
Sims, of Bullock’s Creek. Putting in a lot
of cotton that was raised on Mr. Dick
Thomoon’s place, and that of several
his neighbors, he accumulated a lot
bales. Cotton buyers at Spa
Chester, Charlotte, Gaffney Cit
Rock Hill and other points
of the date that the cotton wofild be offered
and were invited to come th Yorkville on
that day.
The day came and the coNon was repre-
sented here by sample. ‘No foreign
buyers, however, put in their
Although that lot was big enough Trxtempt
any of them, it seems that they did
care to buck against the Yorkville buyers,
After some spirited: bidding on the part
of Mesars. Riddle & Carroll, J. W. P
Hope & Co. and Latta Bros, 195 bales
were bought by Mears, Hope at
prices ranging from 7.65 to 8 123, everag-
ing an equivalent of 8.25 on the basis of
middling cotton.
Mr. Hope would also have boughtnear-
ly all of the remainder, but did not do so
op account of the inability of the holders
to deliver it at Sharon depot by Saturday
afternoon, according to bis requirement,
The price paid for the cottun was away
Over the ordinary market and created con-
siderable comment on the part of other
buyers.— Yorkville Enquirer, 14th inst,
| a © <—pe—
A Communication,
The following article appered in the
News and Courier of the 13th inst:
To the Editor of The News and Courier :
1 ask apace in your valuable columns for!
inst., aged nineteen years.
A monument to “ Fighting Dick”
Anderson was unveiled at Beaufort on the
7th inst, .
The Rock Hill Presbyterian Church hae’
decided to support
tielde, pe
Mr. F. L. Tow nsend, eldest son of As.
sistant Attorney General Townsend, died
&@ missionary to foreign
' at Union on the 6th instant.
The old Pavillion Hotel of Charleston
has recently been renovated and is nowa
firet class hotel. li ig called the St,
Charles, The coat of the improvements
amounted to $10,000.
The Rev. George Mayes, pastor of the
Presbyterian Church at Walhalla, was
Married on the 14th inst., to Misa Alice
Cozby, daughter of Rev. Dr. Cozby, of
Newberry,
Mra, Allen G. Thurman died at the
home of the “ Oid Roman” on the 17th
inat., after a lingering illness, Her maiden
name was Mary Dun, and was 80 years
old. In her young days she was consider-
7 Oue of the most beautiful ladies in the
eat,
The State Ball, given by the South Caro-|
lina Club, will be on the 12th of November
iu the Agricultutul Hall in Columbia.
Issac_L. Attaway bas been nominated to
the Legislature froin’ Barnwell County. to
fill the vacancy caused by the death of Dr
J. Ryerson Smith,
Major General William Henry.
Fitzhaugb Lee, the second gon of General
Robert E Lee, died at hia home “ Ravens-
worth,” Fairfax County, Virginia, on the
15th instant, aged fifty-four,
A sad accident occurred at Stapleton’s
near Augusta, on the 16ib inet., and by ita
beautitul little girl, the daughter ot Mr.
Wm. N. Usry, lost her lite. ‘The child was
playing around the cotton gin, which was
in operation. [n some Way she became
entangled in the gearing and ber neck was
‘broken and she died instantly.
Misses Emily and Harriet Gilreath,
after an extended visit to Greenville coun-
ty, visiti ed to
W spend the winter with
» Mre. Dr. W. J. Bramlett.
were acccmpasined by their sister, Mrs.’
Martha Smith, from’ Greenville county,
who ie aleo paying a visit to Mra, Bramlett.
Keowee Courier.
Ike Kinard, who murdered Mr. Lemuef|
G. Oxuer in Lanrens County on June, 13th
last was hanged at Laurena on last Friday.
He expressed sorrow at having killed Mr.
Oxner,
A respite bas been given to the eleven
negroes sentenced to be hanged next
Friday until the Supreme Court can act
the motion for a new trial,
They
Mr. Long, of :
Edgefield County, was murdered
by Anthony Carter, colored, on
the 10th inst. Carter had carried
a bale of cotton to market contrary
to Mr. Long’s orders, They bad some
words about it, and the negro seized his
gun and shot Mr. Long through the breast,
killing bim almost instantly,
At North Birmingham, Alabama, on
the night of the 9th inst., some boya
saturated acat with coal oil, set fire to it
and turned it loose. The cat ran into the
residence of a man named Linsay and set
tire to the house. It burned to the ground
A. M. Rydella house and also caught and
that was burned too. The loss ia between
$3,000 and $5,000.
The immense pumps at the Spartan
Mille, Spartanburg, broke last week, and
One of the broken parts was carried into a
large pipe by the force of the water. To
have taken the pipe apart would heu,
BACOT’S DRUG STORE.
Has been serving the public for 13 years
under the same Management. To our
Many customers we return § thanks for
tbeir fermer kind patronage and solicit a
continuance of the same.
Our etock is at present more complete
than ever and the quality ofour goods is
rsa kept upto their former high stan-
ard.
We want your tuade. Let
wante and ‘‘we do the rest,”
We would advise you that this is the
Season for planting grass and ‘clover seed.
We offer best eced at lowest prices.
Our prescription department is carefully
supervised and atocked with the best druge
to be secured. Your presciptions are filled
by licensed druggiats only, who. uee the
greatest care ia filling them,
your family recipes and prescritions,
Our greatest effort is to please our cus-
temere. |
If we've got your trade we want to keep
it. If we haven’t gotit we want it, Let
us hear from you.
Yours truly.
us know your
West EndDrug Store,
AS
Oct. 20,
M
TICE,
olding bills, accounts or
f any kind against the
ville, which have not here-
evented at special meetings
of County Commissioners,
y notified that they are required
aw to deposit the same with the
Clerk by Thursday the 5th day of Novem-
ber next, so that they may be andited by
the Board at ita annual meeting, which will
be held on said 5th day of November, A.
D., 1891,
L. K. Ciypg,
Clerk B.C. C,
21
the |
Oct 21 3
NOTICE TO CREDITORS.
ALL pereous having claims against the
estate of Elias Pritchett, deceased, are
hereby required to establish the aame be-
fore me, at my office, in the City of Green-
ville, S. C., according to their rank and
date, on or before the 2nd day of November,
1891, or be barred.
By order of the Court of Common Pleas,
in the case of Melissa Pritchett et al., vs.
Martha Enloe et al.
D. P. VERNER,
Maetar
Bring. us}
D. T.BACOT & CO, &
FIVE HUN
RE"
OR ANY MA?
arrived at th
witb any idea of
my immense
Fall Stocl
HATS and Ge
}T
and not get suit:
Meet you at tha d:
a beaming coun!
satistied that I car
SUIT AND
FAS
Any one wishin;
$35.00, or an
OVE!
from $3:00 to $25.
“BE
by calling on me b
Thanking my pr
kind patronage i:
they will favor me
the same, | remain
polite and attentive
»
BM
J.
L.C
No. 90, Main Str:
October I3, 1891,
Mast.er
STATE OF sO:
GREENYVII
Court: of
PURSUANT to juc
and decrees of
entitled cases, I wi
to the higheet bidde
House, in the Cit
the usual bours of
November, 1891, the
described on the ter
epective cases, to wi
In the case of Dor
Hugh Dickson:
All that tract of lan.
and State aforesaic
west of Greenville «
ofthe White Horse
stake on said road, a
i. W. 7.60 slong a:
thence S, 73, W. 28.85;
line; thence S, 33, K.
N. 73, KE. 24.50 to t
Bounded by lands o
Frank Howard, —
and containing: twe
lese. a >
Terms—one half «
twelve months trom.
secured by the bond
morigege op
tur ned on.
a
§ ;
: denied, heir
1. chaplain,
| there (7to
‘sympathizing ©
1g 1
central, and iit
dase
7 SOUTHERN 988; 78 SOU:HERN 995; affirmed USSC 35 Sup.Ct. 507.
MALLOY, Joe, black, electrocuted S, C, Sjate Prison (Bennettsville) on Sept. 29, 1915,
"Columbia, SC, Nov, 28, 1910-Guy Rogers and Prentiss Moore, aged 15 and ll, respec-
tively, went hunting Thankegiving day in the swamps of the Pee Dee River near
Bennettsville, and today their bodies were found in a ditch near their buggy. They
had been murdered, Circuit court was adjourned and practically the entire popula-
tion of Bennettsville is engaged in searching for the assailants of the lads,
Rogers was the son of the county treasurer." JOURNAL, Atlanta, GA, 11-28-1910 (l<3,)
4 of
eee JUST before the elect
with Joe Malloy in Cc
statement to make, h
Le
. rocution began Sheriff Patterson and I talked
ll for several minutes... When asked if he had
said that he could say nothing more than he had said
from the beginnings; that he was innocent.of the crime and knew nothing
about the killing of the boys, and that if he said anything else it would
not be the truth. 'I wish I could give you white people _satisfaction,'
id. 'You want to .know that you are doing rig ht 7. but I can't give you
fs ction withon telling.what is not true, for I did not kill the boys
t
oe |
”
on't blame.you all, for I believe those who convicted me thought they
e doing right, It is God's plan for me to die this way. I am saved
and. sanctified, and I am going to heaven, and I want you all to BRX#XKAx
meet me there. I don't blame anybody for those wre swore against me were
carrying out God's plan.'When reminded that death was near and that no
one could help him now, he said: 'Yes,.I know it. I.wish it had come
long ago and taken me out of this suffering.' Malloy said the he had
wrtiten a statement for publication about .3 weeks ago and sent it to a
citizen of Gennettsville and left a story of his life with his SON.
Malloy was asked, 'Why did you lie about going to the river that after-
noon?! He replied: ee just forgot it. I had so much on my mind, I
didn't remember it. There's nothing in that. I didn't leave home to go
to ‘the river. -I left to go to the Field after cotton. We went on to the
bluff to get some wood. I said to my boy: "I had better see if Mr. Odom
is down there." That is why I looked over the bluff. We then threw some
old shingles in the wagon and drove awaye' He was asked: 'Why did you say
the boys went towards the big bay, when Charlotte Easterling said they
went the other way, toward where they were found?! He replied: 'That is
the way I last saw them going. I don't know which way she saw them going.
While I was with her I.was busy picking cotton and we were talking about
hard times and she may.have seen them when I didn't.' He was asked: 'Joe,
you didn't know where those boys were till after they were round Saturday.
He answered: 'No, I certainly aid not. If I had I would have put my hands
on them for I wanted that $200 reward. I needed it.' He was asked: 'Did
you talk to Steve Tom on Tillman's Corner the day he said you did?' He
answered: 'No, that I remember.' 'Mr. J. F. David says you did.' '‘'Wela
I don't remember it. I often stood on that corner. Steve may have aske
me for a chew of tobacco there some time, but .I don't remember it. After
we had finished our interview, N. B. Rogers also talked with Joe. He re-
peated bo him that he was innocent.
THE ELECTROCUTION,
My .eWS were notified at 12 o'clock that Malloy would be next. The follow-
ing with about 30 others from Chester and Columbia, then went into the
cell: Sheriff R Re Je Patterson, N. B. Rogers WEXERERE J. Cappenter Rogers,
De Barly Moore, Marvin Usher, "John He Lewis, Jre, Je HE. Weatherly, Buford
Jackson and the writer. As we went into the execution room, we passed
through an adjoining room in which there lay in a row of dead bodies the
four Chester negroes who had just been electrocuted. Beside them was a
fifth stretcher waiting for the body of Joe Malloy. At 1@:11 guards brought
Malloy into the execution chamber. He walked steadily and sat down in the
electric chair. There were 3 or 4 Columbia negroes in the room. One of
them, Rev. C. M. Allison, a Baptist evangelist, held an open Bible and
wahted to read, at the request of Joe's mother, a portion of the oth Chap-
oa
d
d
ter of John. He was: stopped by Rev. J. C. Abney, the penitentiary chaplain,
who said that he was there too late, Several ministers had read and prayed’
with Malloy and the other negroes just before they were taken from their
cells.: Ws H. Newhodd of Chester said that Mr. Stevenson had requested him
to give Malloy's statement, and he asked Joe if he had anything COSBY «
MalToy replied: 'Nothing except that I am not guilty of the crimé, and
don't know anything about it. I wouldn't commit such a crime. God wouldn't
have me to commit such a crime. I am going to heaven and I want’ you all
to come and meet me there, and you will find me sitting by the side of
Jesuse' ‘Rev. J, C. Abney then shook hands with Malloy, and told him goodbye
saying: 'T have donetall I could for ‘you, Joe, and I hope you will be “saved. t
f Then, at 12: e144 the electrodes were adjusted £6 his head and leg, and 30
| seconds later flectrici&n Boozer turned on the current. It was kept on-a
minute and fifty seconds.. 4fter it was turned off physicians examined
Malloy and.said his heart was still beating. The current was turned on
again and kept on another minute. The body was examined again and pronoun-
ced dead at 12:20. None of Malloy's relatives were present at the electro-
cution, I was told by the negroes present at the execution that Hardy,
Pinkney and “iggs, colored undertakers in Columbia, would Snip the body to
_ ,Bennettsville by instructions of Joe's family. The body did not arrive,
, however, and it is presumed that ib was buried in Columbia...."
| "LETTER. FROM JOE a
"The following letter was received several weeks with-the request that
it be published. It has been handed to the edt bér “32 the Advocate since
| Malloy's electrocution. The citizen who recived it asks that his name be
‘ith held? 'Columbia, ¢.C. AUB « 239; 1915.: Mr ~----, pheas publish this.
Subject: Pray without ceasing thes » 53:23. I wish to directmyour mind to a
subject which is most important. That is prayer. If there is anyone off
earth.who has witnessed the value of prayer, it is the writer. I have
traveled nearly 4 years in jail on prayer. One mam has said prayer is a
a of the heart. Another says prayer is the key that unlocks
heaven's door and faithe is-the hand that turns the key. God's word
PF says watch and p ray-lest you enter into temptation. Pray without ceasing.
fF Did you know that Christ set the example when he was on earth. He prayed
all night though his disciples had fallen asleep, he agonized in effectual
prayer. I want ‘to say that his'reason.for this was that God had rolled the
f burden of this old lost world’ upon him.: Reader, when you get the burden
of lost souls on your heart and God's interst oh sae! shoulders, you will
spray. Every man that ever lived since Noah, tha accomplis shed any Bees in
the cause of Christ was a man of prevailing Sees When I pray talk
;with God, and then I'read his word, he talks to me, Very often a cannot
send a belegrs un because the office is closed, or you cannot use the tele-
phone beeause you haven't the dime,-central is busy, or a limb is on the
wire, But, ice to Ged forever, I have a wireless f olegraphy ruhning di-
rectly Prom my heart to the great sympathizing heart of God. Jesus is cen-
tral, and-it doesn't cost a cent. He wants us to pray. He says pray without
ceasing. I love the people in Marlboro County, because that's my home,
People: g stop and look good. I having killed hobo dy would you keep me
always in trouble on Tom Steve's word? God -won't be pleased with yous but
I love you all, when you killed me. I-won't be a murderer, Iwant to gay
to the whiskey men of Bennettsville: If corn would speak out, it would say
' -to whiskey men: I was made to be eaten, and not to be drunk; to'be run.
throug sh a millg not soakéd in a tank. Make me into bread, you eéhildren fed,
make me into drink and you will starve your.children. -#s/ Joe Malloy."
ADVOCATH,.Bennettsville, .S. Ce, October 7, 1915.
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286 The Revolutionary Impact of War
age our Negroes to Rebellion and joining the King’s Troops if any
had been sent here,” but he was equally aware that the weak
evidence of the prosecution, the brutal nature of the sentence,
and the noble bearing of the victim cast a doubtful light on the
emerging patriot leadership. Laurens hastily sent a long letter to
his son, John, in London, intended “to contradict false reports
which may be, among others, propagated to the prejudice of the
poor Carolinians whose impolicy and, in many instances, mad
conduct, will appear glaring enough without the aid of one
Lie."
Laurens was not alone. Others caught up in the white
revolutionary movement took pains both to justify and to dis-
tance themselves from the turbulent actions of the previous
week. On 18 August, the day Thomas Jeremiah’s harsh sentence
was to be carried out, the South Carolina House of Assembly
forwarded a message to Governor Campbell. “In times like the
present when the continent is engaged in one arduous struggle
for their Civil Liberties,” the statement began, “if Individuals will
wantonly step forth and openly . . . condemn measures univer-
sally received and approved, they must abide the conse-
quences.” The legislators thus invoked the civil liberties of some
citizens to justify the brutal treatment of others, as in the tarring
of Walker or the hanging of Jeremiah. Then, using a device that
would have a long and venerable future, the political leaders
divorced themselves apologetically from the crude acts of their
constituents. “It is not in our power in such cases,” they stated
bluntly, “to prescribe limits to Popular Fury.’’5¢
That afternoon Thomas Jeremiah was hanged and burned.
Among the white residents of Charleston, neither his accusers
nor his defenders could fully comprehend or acknowledge the
meaning of his life and death.‘’ But fellow blacks, both enslaved
and free, even without knowing the details of his case, must
have sensed his real and symbolic significance in a powerful
way. Hoping to take advantage of white unrest, he had been
caught in the crossfire of the incipient colonial revolt and had
287 “Taking Care of Business” in South Carolina
paid with his life. Whatever his innermost thoughts and motives,
this free pilot represented an expanded definition of “taking care
of business.’” Whatever his “guilt” or “innocence,” his experi-
ence illustrated the thoroughly enmeshed and interdependent
nature of African and European lives in the revolutionary South.
Thomas Jeremiah was a curious and inspiring anachronism who
seems to have been engaged in the right revolution at the wrong
time. Whether his particular ambitions were decades away from
possible realization, or only premature by a matter of weeks and
months, is difficult to assess. As events transpired in the
race-conscious republic, it would be generations before his
particular liberty ship reached harbor safely. °
Notes
1. Christopher Hill, The World Turned Upside Down (New York, 1972), pp.
13-14.
2. For a much fuller résumé of this “trackless wilderness” of publications,
see Bernard Bailyn’s address to the International Historical Congress, San
Francisco (August 1975).
3. Winthrop D. Jordan, White Over Black: American Attitudes toward the
Negro, 1550-1812 (Chapel Hill, N.C., 1968); David Brion Davis, The Problem of
Slavery in the Age of Revolution, 1770-1823 (Ithaca, N.Y., 1975); Duncan J.
MacLeod, Slavery, Race and the American Revolution (Cambridge, England, 1974);
Edmund S. Morgan, American Slavery, American Freedom: The Ordeal of Colonial
Virginia (New York, 1975).
4. Donald L. Robinson, Slavery in the Structure of American Politics,
1765-1820 (New York, 1971), pp. 6 ff. Emphasis added.
5. Benjamin Quarles, The Negro in the American Revolution (Chapel Hill,
N.C., 1961). See also Sidney Kaplan, The Black Presence in the Era of the American
Revolution (Washington, D.C., 1973). Kurt Vonnegut has made his own succinct
comments about slavery and American history; see particularly the opening
pages of Breakfast of Champions (New York, 1974).
6. Richard Claxton Gregory, No More Lies: The Myth and the Reality of
American History (New York, 1971), p. 100.
7. My friend and fellow scholar, David M. Zornow, has been studying
blacks in revolutionary Charleston and generously has shared with me the text of
his excellent 1976 Harvard College honors thesis, now in the Harvard Archives.
He and I hope to combine our research into an article in the near future;
meanwhile, I am grateful for his counsel.
8. The best single summary of colonial demography is the impressive
282° The Revolutionary Impact of War
onies,” was widely circulated in early June.3? The Provincial
Congress with Henry Laurens presiding met on a Sunday, 4 June
(no doubt as much for symbolic reasons as through a sense of
urgency, since that date was the king’s birthday and had been
observed as a holiday in earlier years) and passed an order that
all who refused to sign a pledge of association were enemies to
their country.*° In addition, the South Carolina Council of Safety
warned against “instigated insurrections by our negroes,” anda
special committee was established “to secure the province
against an insurrection of slaves or counter-Revolutionary
moves.”’41 On 6 June the South Carolina Gazette and Country
Journal printed a news item from New Bern, North Carolina,
regarding Lord Dunmore’s seizure of the gunpowder at Wil-
liamsburg earlier in the spring. According to the report, ‘The
monstrous absurdity that the Governor can deprive the people of
the necessary means of defense at a time when the colony is
actually threatened with an insurrection of their slaves hs merely
by claiming the powder to be under the king’s jurisdiction, ites
worked up the passions of the people there almost to a frenzy.’’4?
By now passions were equally high in Charleston. —
two loyal residents were reported spreading the “good news
that Negroes, Roman Catholics, and Indians were to receive
British arms, the General Committee of Correspondence chose to
make an example of them, and on 8 June “two poor wretches,”
James Dealy and Laughlin Martin, were “tarred, feathered carted
about the streets and then put on board a Vessel bound for
England.’’43 In addition, a number of blacks were arrested upon
suspicion of being involved in the plot. Several were punished
for using impudent language, but most were released within a
week for lack of evidence, while only one free black named
Thomas Jeremiah was retained in prison under suspicion. By 13
June the next issue of the local paper reported that the militia
companies were patrolling regularly, “the salutary Conse-
quences of which are every Day more apparent; The ery
Meetings and Riots of the Negroes are entirely suppressed.’’*4
"!Taking Care of Business! in Revolutionary South Carolina:
Oe
283 “Taking Care of Business” in South Carolina
In July, the planter Gabriel Manigault wrote a letter to kin
in England stating, “We have been alarmed by idle reports that
the Negroes intended to rise, which on examination proved to be
of less consequence than was expected, however a Strick watch
has been kept for fear of the worst.” Young Gabriel Manigault,
receiving this news in September, wrote to his grandmother in
Charleston, “I am very glad to find by Grandpapa’s Letter, that
there was not so much reason to be afraid of the Negroes, as was
at first suspected.’’45 But he was unaware of events that had
taken place during August repeating, in exaggerated form, the
patterns that had occurred in June. And in August, as in June,
discussions, threats, and acts involving whites and blacks in
Carolina were inextricably entwined.
The newly appointed colonial governor, Lord William
Campbell, who reached Charleston in the early summer, found
the story still circulating that the “Ministry had in agitation not
only to bring down the Indians on the Inhabitants of this province
but also to instigate, and encourage an insurrection amongst the
Slaves. It was also reported, and universally believed,” Campbell
stated, ‘that to effect this plan 14,000 Stand of Arms were
actually on board the Scorpion, the Sloop of War I came out in.
Words, I am told, cannot express the flame that this occasion’d
amongst all ranks and degrees, the cruelty and savage barbarity
of the scheme was the conversation of all Companies.’ He went
on to report that on Friday, 11 August, Thomas Jeremiah was
again “brought to trial, if such a process deserves that name.’’46
On Saturday afternoon, less than twenty-four hours later, a
white soldier named Walker was seized by a mob of several
hundred ‘‘for some insolent speech he had made.’47 In reporting
this incident, His Majesty’s surgeon to the force in Carolina, Dr.
George Milligen, made special note of the fact that 12 August
was the birthday of His Royal Highness, the Prince of Wales. He
claimed that around two o’clock the local mob, “offended at
something the Gunner of Fort Johnson had said, seized his
Republicanism and the Slave Society," by
/
; . } ION, Edited by Jeffrey J. Crow and Larry
Peter He Woods; THE SOUTHERN EXPERIENCE IN THE AMERICAN REVOLUT $8 y e
E. Tise; Chapel Hill: The University of North Carolina Press,
SucqseTaeug pesuey SyoetTq ees Ssewo4y, SHYINaNGr
*SLLT SQ ysnzny uo £°D %s
290 ~The Revolutionary Impact of War
27. Ibid. When Jefferson drafted the Declaration of Independence a year
later, he again linked these allegations, though in reverse order. The last in a long
list of charges against King George were, “He has excited domestic insurrections
amongst us, and has endeavoured to bring on the inhabitants of our frontiers the
merciless Indian savages” (ibid., p. 159). Historians have paid far more attention
to the latter charge than to the former. To cite one interesting example, William
Gilmore Simms, the nineteenth-century novelist and historian who wrote
extensively about revolutionary South Carolina, makes considerable reference in
Joscelyn to the fear of Indian attacks in the lowcountry in 1775, while refraining
from any mention of the related suspicions of black insurgency.
28. Quarles, Negro in Revolution, pp. 21-22. Quarles notes that on 15 May,
from Boston, General Thomas Gage, “in a letter to Dartmouth touched on
Dunmore’s proposal: ‘We hear,’ wrote the British commander, ‘that a Declaration
his Lordship has made, of proclaiming all the Negroes free, who should join him,
has Startled the Insurgents.’” In fact, as Quarles explains, Dunmore did not issue
such a formal proclamation until November.
29. Ibid., p. 14; Ronald Hoffman, “The ‘Disaffected’ in the Revolutionary
South,” in Alfred F. Young, ed., The American Revolution: Explorations in the
History of American Radicalism (DeKalb, Ill., 1976), p. 281.
30. “Extracts of a Letter from a Clergyman in Maryland to his Friend in
England,” 2 Aug. 1775, in Peter Force, ed., American Archives .. . , 4th ser., 6
vols. (Washington, D.C., 1837-46), 3:10. (This quotation and the next are drawn
from Hoffman’s excellent article cited in note 29.) °
31. Report of the Dorchester County Committee of Inspection, Fall 1775,
Gilmor Papers, Maryland Historical Society, Baltimore, Md.
32. Maier, From Resistance to Revolution, p. 284.
33. Janet Schaw, The Journal of a Lady of Quality, ed. Evangeline W.
Andrews and Charles M. Andrews (New Haven, 1923), p. 199. For details, see
Francois Xavier Martin, History of North Carolina (New Orleans, 1829), pp. 353-55,
and William L. Saunders, ed., Colonial Records of North Carolina, 10 vols. (Raleigh,
N.C., 1886-90), 10:41, 94-95, as well as Jeffrey J. Crow, The Black Experience in
Revolutionary North Carolina (Raleigh, N.C., 1977), chap. 4. On Georgia, see
Georgia Gazette, 12 July 1775.
34. John R. Alden, “John Stuart Accuses William Bull,” William and Mary
Quarterly, 3d ser. 2 July 1945): 318.
35. South Carolina Historical and Genealogical Magazine 47 (July 1946): 191. In
this communication, D. D. Wallace also comments on Gage’s threat—or
warning—to Stuart cited in note 34.
36. Alden, “John Stuart,” p. 318.
37. Ibid., p. 320.
38. Ibid., pp. 318-19. According to this account, when Lieutenant
Governor Bull inquired why the city was under arms, “the Colonel answered
that they had information of some bad designs in the negroes and that the steps
taken by him were Judged necessary for the security of the Town. His Honour
seemed intirely satisfied with his Reason, and without any enquiry into the
291 ‘Taking Care of Business” in South Carolina
nature of the Information or Evidence, that the negroes meditated an Insurrec-
tion, approved of the Colonels Conduct and gave him a writen order for his
Justification.”
39. For the text of the Association oath, see South Carolina Historical and
Genealogical Magazine 8 (1907): 141. The loyalist Thomas Knox Gordon, who later
filed a claim with the English government, stated in his memorial (n.d.): “In the
beginning of the year 1775 the Malcontents being very anxious to have some
plausible pretence for arming with great industry propagated a Report that the
Negroes were meditating an Insurrection.” Gordon goes on to explain how he
tried to quash this rumor (Audit Office 12, vol. 51, ff. 289-91, Public Record
Office, London). Another South Carolina official, Thomas Irving, makes a similar
statement in his memorial (vol. 51, ff. 306-7). Iam indebted to Mary Beth Norton
for these references.
40. Wallace, Laurens, p. 207. On changing responses to the king’s
birthday, see Maier, From Resistance to Revolution, p. 210. The Association was first
adopted by the provincial congress on 3 June. See B. D. Bargar, “Charles Town
Loyalism in 1775: The Secret Reports of Alexander Innes,” South Carolina
Historical Magazine 63 (July 1962): 126-28.
41. “Journal of the Council of Safety for South-Carolina,” South Carolina
Historical Society Collections 2 (1858): 40; Richard Walsh, Charleston's Sons of Liberty:
A Study of the Artisans, 1763-1789 (Columbia, S.C., 1959), p. 69.
42. This dispatch from New Bern was datelined 19 May. Samuel A. Ashe,
History of North Carolina, 2 vols. (Greensboro, N.C., 1908), 1:435-36, relates that
several days later an emissary arrived in the North Carolina capital from New
York, “and informed Governor Martin that General Gage was about to send him
the arms and munitions desired, and there was reason to suppose that the
shipment had been discovered. A report also had been propagated that the
governor had formed a design of arming the negroes and proclaiming freedom to
those who should resort to the king’s standard, and the public mind was much
inflamed against him.”
43. Walsh, Sons of Liberty, p. 71; Bargar, “Charles Town Loyalism,” pp.
132-33. In his report to the Earl of Dartmouth, dated 10 June, Innes wrote, “ Your
Lordship will easily see with what art the Herd has been led on from one step to
another and now the language is that there is no drawing back as they have gone
so far.”
44. South Carolina Gazette and Country Journal, 13 June 1775. The case of
Thomas Jeremiah (or Jeremiah Thomas as he may actually have been known) is
mentioned briefly in Pauline Maier, “The Charleston Mob and the Evolution of
Popular Politics in Revolutionary South Carolina, 1765-1784,” Perspectives in
American History 4 (1970): 177, in James W. St. G. Walker, “Blacks as American
Loyalists: The Slaves’ War for Independence,” Historical Reflections 2 (Summer
1975): 51, and in Maier, From Resistance to Revolution, pp. 283-84. But the most
thorough treatment to date is in the honors essay of David M. Zornow, “A
Troublesome Community: Blacks in Revolutionary Charles Town, 1765-1775,”
Harvard Archives.
sean $60 as
284 The Revolutionary Impact of War
person, stript, tarred and feathered him and then putting him in
a Cart paraded through the Town with him till 7 o’clock using
him very cruelly all the time.’’*8
A week later, when Governor Campbell related this mob
scene to Lord Dartmouth, he was obliged to report in the same
paragraph “Another Act of Barbarity,”” more “tragical in nature,”
which he clearly felt to be part of the same picture. For having
been tried summarily under the Negro Act of 1740, Thomas
Jeremiah had been sentenced “to be hanged, and then burned to
ashes, on Friday the 18th.” He could not be saved even by the
best efforts of Governor Campbell, who wrote after Jeremiah’s
death, “I have only the perfect comfort to think I left no means
untried to preserve him. They have now dipt their hands in
Blood, God Almighty knows where it will end.’’49
As one of a small group of skilled black navigators who
served as licensed harbor pilots, Jeremiah “had often piloted in
Men of War” through the shoals around Charleston Harbor, a
type of work that could be extremely important and highly
suspicious when British ships were close at hand.°° A black
named Sambo who also worked in the harbor had testified
against “Jerry” in a deposition, “that about 2 or 3 months ago
being at Simmons Wharf, Jeremiah says to him, Sambo, do you
hear anything of the war that is coming, Sambo answered no,
Jeremiah replies; yes there is a great war coming soon—Sambo
replies, what shall we poor Negroes do in a schooner. Jeremiah
says set the Schooner on fire, jump on shore, and join the
soldiers—that the war was come to help the poor Negroes.’’5?
Even more damaging had been the testimony of Jemmy, a slave
owned by Peter Croft, whom Jeremiah first denied recognizing
but who was shown to be his wife’s brother. On 16 June, Jemmy
had sworn before a justice of the peace that ten weeks earlier,
while in Charleston at Mr. Preolia’s Wharf, he was approached
by Jeremiah, ‘who declared he had something to give Dewar a
runaway slave belonging to Mr. Tweed, and wished to see him,
and asked Jemmy to take a few Guns to the said Dewar, to be
285 ‘’Taking Care of Business” in South Carolina
placed in Negroes hands to fight against the Inhabitants of this
Province.” The pilot told him further, Jemmy testified, “that he
Jeremiah was to have the Chief Command of the said N egroes;
that he Jeremiah said he believed he had Powder enough
already, but that he wanted more arms which he would try to get
as many as he could.’’52
Sentenced to hang as a coconspirator, Jemmy had revised
his testimony and obtained a reprieve on 17 August, the day
before the scheduled execution, but his brother-in-law, Thomas
Jeremiah, went to the gallows, unrepentant and unpardoned.
Governor Campbell, anxious to intervene for Jeremiah for both
strategic and humanitarian reasons, was advised against resist-
ing the white patriots’ determination to execute him by both the
attorney general and the chief justice. “My blood ran cold when I
read what ground they had doomed a fellow creature to death,”
wrote the frustrated official, saying his efforts at intervention
“raised such a Clamour amongst the People, as is incredible, and
they openly and loudly declared, if I granted the mana pardon
they would hang him at my door.’’53
A local minister who visited the condemned man shortly
before the hanging related to Governor Campbell that “his
behavior was modest, his conversation sensible to a degree that
astonish’d him, and at the same time he was perfectly resigned
to his unhappy, his undeserved fate. He declared he wished not
for life, he was in a happy frame of mind, and prepared for
death.” According to the governor, Jeremiah “asserted his inno-
cence to the last, behaved with the greatest intrepidity as well as
decency, and told his implacable and ungrateful Persecutors,
God’s Judgement would one day overtake them for shedding his
innocent blood.’’54
Henry Laurens, who had been caught in the middle of
white and black responses to the Stamp Act crisis ten years
earlier, again found himself ina conspicuous and difficult
position. The president of the Provincial Congress was con-
vinced that “Jerry was guilty of a design and attempt to encour-
ee pores: forces t oe
ee tt ae ee + ee ee | $
= Sate re as
a86 BG.
However, numerous pertinent decisions
of other Courts are: found in annotations
upon the subject in 15 A.L.R. 821, 24 A.
L.R. 441, 29 A.L.R. 1426, 51 A.L.R. 1446,
87 A.L.R. 864, and 95 A.L.R. 254. These
surveys of the cases indicate that the
weight of authority is in accord with ap-
pellant’s contention, that the death of the
beneficiary terminated the award of com-
pensation. But it has been held otherwise
and a sample of the sound reasoning upon
which suchi decisions are based is set out
below, copied from 15 A.L.R. 826: .
“Under the statutes of several of the
states, however, the right to compensation
is held to be a vested one.
“Thus an award of. compensation ftom
the state insurance fund, under the Ohio
Workmen’s ‘Compensation Act, to a whol-
ly dependent person, was held in State ex
rel. Munding v. Industrial Commission,
-1915, 92 Ohio St. 434, 1M N.E.~299, 300,
L.R.A.1916D, 944, Ann.Cas.1917D,° 1162,
13 N.C.C.A. 713, to vest in the depend-
ent when the award was made; so that,
in case of the death of such dependent,
his or her personal representative was
entitled to the balance, if any, remaining
unpaid. The statute, with respect to in-
juries causing death, provided that if
there were wholly dependent persons at
the time of the death, the payments should
be two thirds of the average weckly wages,
to continue for the remainder of the peri-
od between the date of the death and six
years after the time of the injury, subject
to a certain maximum and minimum. The
court said: ‘This paragraph of section 35
is. practically conclusive of the case, as
it has every element necessary to confer
a vested right. A fixed amount is awarded
to a definite person as a matter of right,
with no language suggesting in any way
an abatement of the award on the death
of the person to whom it is made prior
to the payment of the same in full, and we
must hold that it speaks for itself, unless
some other scction or sections of the act
condition or limit the right to this com-
pensation. * * The right to be com-
pensated for an injury has no element of
bounty or charity about it. * * * As
we have before stated, the theory is that
when an employé is injured or killed in
course of his employment, a sum fixed
by law is set off from the fund to compen-
sate him for his injuries, or his depend-
ents for his death, to compensate for tak-
ing away the man’s right to earn a liveli-
23 SOUTH EASTERN REPORTER, 2d SERIES
hood, which, but for the accident, he
would have earned. A fixed sum goes out
from the fund to compensate for the loss
which has occurred. * * ,* Thus, the
payments being fixed in amount, ordered
paid from a certain fund, and awarded
to a definite person, every element of a
vested right is present, and no element or
suggestion of a pension that is to cease
at the death of the pensioner. The re-
port of the investigating commission, as
well as all of our compensation laws and
reports, shows that the provision for
periodical payments is solely for the bene-
fit of the injured employé or dependents,
for the reason that experience teaches
that in a very great many cases a lump
sum, if allowed, is dissipated, while small
payments, on the other hand, are carefully
husbanded. * * * The intent, apparent
and expressed throughout the act, that
compensation is to be paid only to de-
pendents, was not for the purpose of secur-
ing an abatement of unpaid compensation
upon the death of a dependent. * * *
We hold that when the award is once
made to a sole dependent, the right to
the compensation vests, and once vested
there can be no condition attached except
as to the time of payment, and it is equal-
ly immaterial whether the dependent sub-
sequently dies or becomes independent.’ ”
(The logic of the foregoing is not les-
sened by the fact that it seems not to be
now followed in Ohio.)
[1] Naturally, conflicting decisions
often turn upon the wording of the dif-
ferent compensation statutes; in some the
point is expressly controlled, but apparent-
ly in the most of them the legislative in-
tent must be determined from provisions
not expressly in point, and therefore not
controlling. Ours is such an Act and its
intent in this particular must be drawn
from other provisions, and we think it is
reasonably clear from the express terms
providing the destination of an award
made on account of the compensable death
of an employee who is without dependents
or next of kin. Section 7035-43 of the
Code of 1942 provides that in such event
the commuted amount of the award shall
be paid as therein directed. It would be
unreasonable to hold that in case there be
no dependents and no next of kin the em-
ployer or his insurance carrier should be
required anyway to pay compensation and
not be similarly required when there was
a dependent, as in this case, who did not
2s rer eneN
'$§TATE v. JONES 1} +
23 S.E.2d 387 8.C. 387
live out the prescribed period of install-
ment payments, in the absence of express
Statutory provision. Thus we think the
Circuit Court correctly held that the award
was vested in the widow and upon her
death the unpaid portion passed to her es-
tate. Had there been no widow, other de-
pendent or next of kin of the deceased em-
ployee, the award would nevertheless have
been payable, as has been pointed out.
This express provision of our Act makes
inapplicable to the present problem, aris-
ing under it, the reasons usually given by
other Courts for contrary. decisions, well
set forth in the annotation in 87,A.L.R.
beginning at page 864, which need not ‘be
here repeated. MaRS
[2] .As several times before said by this’
Court, relevant decisions of other Courts
upon locally Jinsettled points are. entitled
to our careful consideration, which they
receive, but they are, of course, not con-
clusive, and each instance of interpreta-
tion of our law must finally be of the
words it contains and the evident legisla-
tive intent of the. enactment.
Affirmed,
BONHAM, ©. J., and BAKER and
FISHBURNE, JJ., and L. D. LIDE, A.A.
j, concur,
\
° KEY NUMBER SYSTEM
sqame
STATE v. JONES.
No. 15476.
Supreme Court of South Carolina,
‘ Dec. 4, 1942,
1, Insane persons €=86
Whether a defendant charged with
crime and pleading insanity shall be com-
mitted to State Hospital for examination
is discretionary with trial judge. Code
1932, § 6239,
2. Insane persons €=86
Trial judge properly held that defend-
ant charged with murder and pleading in-
sanity should be examined, but examina-
tion by local general practitioners was
inadequate, and refusal of motion for State
Hospital examination was an abuse of
discretion. Code 1932, § 6239.
3. Criminal law €=>438
Admission of photographs of premises
where: homicide occurred was not error.
4. Criminal law G>1169(1)
Where killing by defendant was ad-
mitted, only issue was defendant’s sanity
or insanity and where physician had ade-
quately stated the location and nature of
the fatal wounds, photographs showing
ghastly wounds were without probative
value and their admission was prejudicial
error.
5. Criminal law 438
Photographs which are calculated to
arouse the sympathies or prejudices of the
jury are properly excluded if they are
entirely irrelevant, or not substantially
necessary to show material facts or con-
ditions.
6. Criminal law €=404(4)
Where condition and location of clothes
of deceased in murder prosecution tended
to throw some light upon the issues, the
clothes were properly admitted in evidence.
7. Criminal law €=797, 823(2)
Instruction that power of jury to
recommend defendant convicted of murder
to mercy of court was not intended to
furnish a subterfuge or a camouflage be-
hind which a duty imposed by law might be
dodged was error as tending to instruct
jury on a matter wholly within their dis-
cretion, and was not cured by statements
that: recommendation did not have to be
accounted for by jury. Code 1932, §
1102.
8. Criminal law €=1172(9)
Inadvertent statement that Constitution
rather than statute empowered jury to
recommend one convicted of murder to
mercy of court was not prejudicial, Cade
1932, § 1102.
9, Criminal law €=797
The proper charge to be given as to
statute empowering jury to recommend to
mercy of court one convicted of murder
is that under statute jury may recommend
defendant to the mercy of the court, and
that the effect of such recommendation
will be to save the defendant from death
and cause him to be sentenced to lifetime
imprisonment at hard labor. Code 1932,
§ 1102.
10. Criminal law €=797, 885, 1172(9)
Under statute making recommenda-
tion of jury to mercy of court of one con-
,
32S the
Ay eteeterhtme
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victed of murder binding on court, wheth-
er defendant shall be so recommended is
entirely within discretion of jury, and any
instruction, or suggestion as to the cause
for which the jury can or ought to recom-
mend mercy is erroneous and ground for
reversal where no recommendation is made.
Code 1932, § 1102.
(1. Criminal law @=885
The statute empowering jury — to
recommend to mercy of court one con-
victed of murder intended that full re-
sponsibility for recommendation should
rest upon jury rather than presiding judge,
and jury’s discretion is unlimited. Code
1932, § 1102.
12. Homicide €>294(1)
In murder prosecution, instruction that
if jury should find that defense of insanity
‘had been established. by the greater weight
of the evidence the verdict should be “not
guilty, by reason of insanity” was prefer-
able to. “guilty, but insane” but use of the
latter phrase was not error since it was
the same as the former in effect.
Seo Words and Phrases, Permanent
Edition, for all other definitions of
“Guilty, but Insane” and “Not Guilty, by
Reason of Insanity”,
——@———
Appeal from General Sessions Court,
of Spartanburg County; M. M. Mann,
Judge.
Jesse Jones was convicted of murder, and
he appeals.
Reversed and remanded for a new trial,
provided defendant in the interim is com-
mitted to the State Hospital for examina-
tion,
John C. Lanham, R. B. Paslay, Jr., and
Matthew Poliakoff, all of Spartanburg,
for appellant.
Samuel R. Watt, Sol., of Spartanburg,
* for respondent.
L. D, LIDE, Acting Associate Justice.
The defendant, Jesse Jones, a negro
youth about nineteen years of age, was
indicted for the murder of one J. L. Hughes,
a white man, who was found dead at his
home in Spartanburg County, on or about
February 24, 1942. Upon this indictment
the defendant was tried at the April, 1942,
term of the Court of General Sessions for
Spartanburg County before Hon. M. M.
Mann, presiding Judge, and a jury. We
23 SOUTH EASTERN REPORTER, 2d SERINS
quote the following from the “Statement”
contained in the transcript of record:
“Attorneys were appointed by the pre-
siding Judge on April 20, 1942, to répre-
sent the defendant, and they entered a
plea of not guilty and also interposed a
plea of insanity.
“On April 21, 1942, the defense attorneys
made a motion to have the defendant sent
to the State Hospital for a period of thirty
days for a mental examination and obser-
vation, as provided under Section 6239
of the Code of Laws of South Carolina,
1932, and to continue the case’ until the
next succeeding term of Court of Gen-'
eral Sessions for Spartanburg County.
“The motion was refused, but an Order
was passed by his' Honor’ Judge Mann to
have two local physicians examine the de-
fendant and to report their findings, and
defendant was ordered to trial:on April
23, 1942.”
The trial resulted in a verdict of guilty
returned on the same day; and thereupon
the presiding Judge sentenced the defend-
ant to die by electrocution on June 12,
1942. From the judgment and sentence
of the Court this appeal is taken by the
defendant upon nine exceptions which his
counsel in their printed brief reduced to
six main questions,
The first question relates to the motion
of the appointed counsel for the defend-
ant, three in number, for an order to have
the defendant committed to the State Hos-
pital for a period of thirty days for ex-
amination and observation, as provided
in and by Section 6239, Code 1932; this
motion having been overruled by the pre-
siding Judge. The remarks of counsel
thereon appear to have been set forth in
full in the transcript of record, from which
it will be seen that the attorneys for the
defendant made an urgent and earnest
plea that the motion be granted, stating
in effect that from their investigation of
the case, necessarily somewhat hurried, it
appeared that the only serious question
they were in a position to raise was the
mental condition of the defendant, and
they felt that they needed the services
of experts in mental diseases. They stated
that they had communicated with a psychia-
trist whose attendance, however, could not
be had, and the name of a physician was
mentioned by them with whom they had
consulted, but apparently they were un-
able to procure his services, and they also
said he “would not want to make orily a
“TBTATE y. JONES): 1). 500 | oe oe
23 S.E.2d 38?
cursory examination.” They said further
that the local physicians had advised them
that they should have the opinion of. a
psychiatrist. The presiding Judge, after
hearing arguments of counsel, including of
course that of the Solicitor, stated that
the “local doctors deal in both physical
and mental diseases,” and his ruling, was
that it was the duty of the Court “not to
postpone the trial any further.” He: did,
however, sign an order to: have the de-
fendant examined by two local physicians,
as appears from the excerpt above quoted.
Section 6239, which provides for com-
mitment by a Circuit Judge to the State
Hospital of a defendant for’ examination
and observation as to mental ‘capacity ‘was
_before the Court'in the case of State v.
Anderson, 181 S.C. 527, 188 S.E. 186,' 190,
in which the carefully considered opinion .
was delivered by Mr. Justice Baker, from
which we quote the following: ,““We are
inclined to the opinion, after a careful
study of the wording of section 6239, that
it was not the intention of the Legislature
to make it compulsory that one charged
with a crime, who sets up the defense of
insanity and irresponsibility, be committed
to the hospital for, observation, but that it
is discretionary with the trial judge. The
statute says the judge ‘is authorized to com-
mit to the State hospital any person charged
with the commission of any criminal offense
who shall, upon the trial before him, be
adjudged insane, or in whom there is a
question as to the relation of mental dis-
ease to the alleged crime, whether such’
question is raised by the prosecution or
defense, or it appears to the judge from
any evidence brought before him or upon
his own recognition,’ ”
[1,2] We adhere to the judgment thus
expressed that the matter is one within
the discretion of the trial Judge. And in
the case at bar there can be no doubt what-
ever that the just and learned presiding
Judge desired to see that the rights of
the defendant were fully protected in every
respect, however heinous might be the
charge against him. And we find from
the record before us that he properly
reached the conclusion that a mental ex-
amination of the defendant should be had,
_ but he provided that such an examination
be made by two reputable local physicians
named by him. These doctors, however,
did not profess to be experts in mental
diseases, and were allowed a very brief
time for their examination, while an ex-
amination at the State Hospital pursuant
to the statute in question would have been
made by specialists in mental disorders,
and a sufficient time both for examination
and continued observation, to wit, thirty
days, would have been allowed. }
It was suggested by the able and ex-
perienced Solicitor in opposition to the
motion that this question might be raised
in the case of every homicide and hence
there might be much resulting delay. But
every case really stands on its own botlom,
and.the proper exercise of discretion de-
pends upon the particular circumstances.
We, may say, however, that a motion of
this kind by, a defendant involves a “two-
edged sword,” for a finding in favor of
sanity by the State Hospital authorities
would : inevitably tend to impair the de-
fense. of .insanity interposed by such a
defendant.
“In view of the fact that the examination
provided by the trial Judge was, as might
well have been apprehended, distinctly in-
adequate we are constrained to hold that
the refusal of the motion for a State Hos-
pital examination was an erroneous ex-
ercise of the judicial discretion. This
conclusion* is ‘strongly confirmed by the
testimony of the two physicians who made
the examination pursuant to the order of
Court and who testified at the trial in be-
half of the defendant. One of these was
Dr. Oscar B. Wilson, a practicing: physi-
cian of Spartanburg, who stated that he
had joined in the examination of the de-
fendant, but that to make a complete ex-
amination “usually requires about thirty
(30) days.” Hence he testified in sub-
stance that since he had merely made one
rather superficial examination he could
express his opinion “only tentatively,” and
he repeated this assertion. We quote the
following from his testimony:
“Q. From the observation you have been
able to make, Doctor, what is your opin-
ion? A. Of course, as I said, I can only
make a tentative diagnosis from an im-
mature and limited observation. I would
say that my opinion at this time is that
he is sane.
“Q. Do you think that opinion might
be changed if a psychiatrist after a thor-
ough observation and examination might
come to a different conclusion? A. Yes;
there is great possibility and even probabil-
ity of change; general practitioners don’t
pretend to qualify as psychiatrist.”
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The.*. Easley.’. Progress Pinis are now under eousideras: As Uthers See It. i" ving:
EASLEY.S.C. tion by the Departanent of Agri- / An editorial in the Greengille; ‘Phe word at che head of thi
oa culiure ab Washington tor the ex-| Datiy News of Saturday saves: hartiels is an unpieasaat wes re
“Entered July oh 1902, at Kasley, S. CL, as — } . ; ; Ul stew cr tt } See PAL aoa «
erg cluss matter, under Act of Congress | penditure of BLO ,000 appraper ated “Irthe hlack friends af Mareegito Weve’. oot RTS PERG te
f March % 1379. ; tt.per Jones réaliy: | 7-7 dasieawerc. and Gpowerld be tapes:
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—eeenensanenats SS ‘ : . veut tris execution l, y Pores un etieie ter find prensant Weobdis tins
BASLEY PUBLISHING COMPANY, pyearietirs pose of nzecemug ligurenity ie Piekens yesterday they were sadly eWorld actus ily deseribe feo
Published weekly. . nnd fowls. ft is understond that! ai. appointed, and dnade wee cde 3 fi this sport arbiere sf wis te.
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determination oof othe citizens." erihe rye est en inatiy Port
the raising of horses for carriage
< hayt Lee ption,
WEDNESDAY, AUG. 31, 1904. [avd cavalry purposes, The station arta ene of various threats. eat olviens form
: — , S ‘y : ot): e Tecrupste ¢ St ati tOs PV EQUUS Tartrty ts chess
—_—— ~|for breeding horses will be estibe )” writ Me Daniel requnsted ro aht Iving, Men will He !
ROOSEVELT A DIAZ. lished in Colorado. At others iyatitia, but that was not dene,
i
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The advisers uf President Roose- {Stations i various parrts of they amd wa are glad of it, The whith bebeee Mer os ist WHEL tie ivern
j i } iy ag 7 z } ? i! - ‘ os i] ' i = oe tt yin -
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JONES, Henry La Heassign loctthion to Pickers Caumty:
Henry Jones, black, hanged’ for murder at’
Charleston, South Carolina, on August 26, 190k.
1905 undated Chicago TRIBUNE; carrying 190) exes
cution lists, sent by Massey.
Cop Kiter. Shot a constable nursed Colunus Jones.
Raleigh News 8 Observer 8/27/04 1°5
rt
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=
68g «SG.
alibi in which he was supported by one, pos-
sibly two other witnesses, and the issue was
submitted to the juty-who returned the
verdict of guilty.
[1] The evidence was. more than ample
to sustain the conviction beyond a reason-
able doubt. It need not be further re-
viewed, There was no motion for a di-
rected verdict of not guilty and the excep-
tions do not impute error in the admission
or exclusion of evidence or in the instruc-
tions to the jury.
[2] In the course of the trial, at the
end of a noon recess and before the trial
had been resumed, the court heard the
guilty pleas of three defendants in entirely
unrelated prosecutions and sentenced them,
without objection of appellant or his coun-
sel. This was later made a ground of a
motion by appellant for mistrial. No prej-
udice to appellant could have resulted from
this occurrence. It was not uncommon in
the regular proceedings of a criminal court,
had nothing to do with the pending trial
of appellant and did not affect it one way
or the other.
[3] Another ground for mistrial then
and new trial now is the fact that a news-
boy entered the court room during the
progress of the trial and, unobserved by
the court, solicited and sold a member of
the jury a Columbia newspaper. As soon
as it was noticed by the presiding judge he
rebuked the boy. There was and is no
showing that the paper, published in an-
other city, contained any reference to the
pending trial.of appellant. It was a proper
exercise of discretion to refuse appellant’s
motion for mistrial on this account, The
law relating to similar interruptions of
criminal trials by strangers and spectators
is contained in the authorities cited in
State v. Harris, 212 S.C. 124, 46 S.E.2d
682.
[4] During the deliberation of the jury
they returned to the court room and asked
that the testimony of a State’s witness, who
was the nephew of appellant’s wife and
the son of her slain brother, be read to
them by the stenographer. The request
was granted and the stenographer read
from his notes the questions and answers
50 SOUTH HASTERN REPORTER, 2d SERIES
of this witness but failed to read the ob-
jections and’ rulings' as they’ occurred in
the testimony. Thereupon the court re-
quired the stenographer to read the objec- ,
tions and rulings, which was done. There
was no objection by counsel at the time.
However, he now asserts error.and_prej;
udice,. None is found.
In keeping with the rule in favorem
vitae the trial record has been searched for
prejudicial error, whether made’ the basis
of exception or not, None appears.
The exceptions are overruled and_ the
judgment affirmed. .
BAKER, C. J., and FISHBURNE, TAY-
LOR and OXNER, JjJ., concur.
BRIGMAN et al. v. ONE 1947 FORD CON-
VERTIBLE COUPE AUTOMOBILE
(LICENSE NO. D-105,173).
No. 16150.
Supreme Court of South Carolina,
Nov. 26, 1948.
1. Automobiles 250
An action solely in rem against an of-
fending automoblie lies under code section
giving a lien on motor vehicles, negligent:
ly operated, for damages, and_ providing
for attachment thereof to satisfy such dan
ages. Code 1942, § 8792.
2. Venue C4
A tort action for damages growing out
of a collision between motor vehicles #
a transitory cause of action.
3. Attachment €=72, 146
If a personal defendant is a resident
of county in which an action is brought,
and thas property, which plaintiff has the
right to attach, court’s jurisdiction of per
sonal defendant gives jurisdiction to 1sso¢
a warrant of attachment directed to the
sheriff of any county in which property
of such defendant may be found. Code
1942, § 531. ; ?
BRIGMAN v. ONE 1947 FORD CONVERTIBLE COUPE AUTOMOBILE S.C. 689
Cite as 50 S.E.2d 688
4, Venue €>46 ! } :
Where: an action has been brought in
a county Where the court does not thave
jurisdiction of subject matter or person,
cause cannot be dismissed but must be
transferred to proper county where court
does have jurisdiction, if timely motion is
made for change of:'venue. Code 1942,
§ 426. higds fit}
5. Automobiles €=250 ;
Where automobile accident occurred in
Chesterfield County, and residents of Chest-
erfield County brought action in rem against
automobile and writ of, attachment was
levied and automobile was seized in Marl-
boro County, court of common. pleas for
Chesterfield County properly denied motion
to dismiss attachrhent on ground that. it
had no jurisdiction of. automobile, ,, Code
1942, §§ 531, 8792... cron siya, ,
6. Appearance €=9(7) d3Ht
Where bond filed on behalf of defend-
ant automobile in: action in rem against
automobile, for’ release of attachment of
automobile was filed with notice that auto-
mobile reserved its right to object to ju-
risdiction of court, there was merely a “spe-
cial appearance” and not a “general ap-
pearance” waiving objection to jurisdic-
tion of court. Code 1942, §§ 531, 8792.
See Words and Phrases, Permanent
j Edition, for other judicial constructions -
and definitions of “Special Appearance”,
7. Appearance €=9(7)
Where bond was filed on behalf of de-
fendant automobile in action in rem against
automobile, for release of attachment on
automobile, and with the bond, was filed
& notice that automobile reserved its right
to’ object to jurisdiction of court,, demand
on behalf of automobile for a copy of
the complaint was not a “general appear-
ance” and was not a waiver by automobile
of right to object to jurisdiction of court.
Code 1942, §§ 531, 8792.
See Words and Phrases, Permanent
Edition, for. other judicial constructions
and definitions of “General Appearance”.
8. Venue >46 ~~
Where automobile accident occurred in
Chesterfield County, and residents of Chest-
erfield County brought action in rem against
50 S.F,.2d—44
‘not a party.
automobile, and writ of attachment was
levied and automobile’ was seized in Marl-
boro County, motion on behalf of automo-
bile to change place of trial from Chest-
erfield County to Marlboro County was
properly granted. Code 1942, §§ 426, 8792.
—_—->—.
Appeal from Common Pleas Circuit Court
of Chesterfield County; J. Woodrow Lewis,
Judge.
Action by Otis C. Brigman and others,
to-partners in trade under the firm name
and style of T. G. Griggs Trucking Com-
pany, against one 1947 Ford Convertible
Coupe: Automobile bearing South Carolina
license No. D-105,173, for recovery of dam-
ages growing out of an accident in which
the defendant automobile was involved.
Attachment was levied and automobile was
seized in the county of the owner’s resi-
dence, and motions were made to dismiss
the attachment. or change place of trial.
From an order denying the motion to dis-
miss the attachment but granting motion
to change place of trial to county of resi-
dence of owner of automobile, both par-
ties appeal, '
Order affirmed.
James E. Leppard, of Chesterfield, for
appellants-respondents.
Willcox, Hardee, Houcks & Palmer, of
Florence, for respondent-appellant.
BAKER, Chief Justice.
The plaintiffs and defendant both appeal
in this case, and for a better understand-
ing of the matter they will be referred to
as they appear in the Circuit Court.
The plaintiffs are residents of Chester-
field County, and the defendant automobile
was at the time of the institution of this
action situate in Marlboro County. It ap-
pears that the owner of the automobile was
a resident of Marlboro County, but he is
Writ of attachment against
defendant automobile was issued by the:
Clerk of Court for Chesterfield County
in an action commenced in the Court of
Common Pleas for that County, against
the automobile alone, for recovery of dam-
ages growing out of a wreck occurring in
said County, in which defendant automo-
LLOYD, Charles
Charles Lloyd, black, hanged for murder at
Greenwood, SC, on 12-6-1895,
Undated CHICAGO TRIBUNE 1896 containing 1895 ex-
ecution list & sent by Massey.
rod
[Lei ce /
LLISE, Luis
"Luis Llise, a Spaniard, executed at Charleston,
SC, on June 8, 1838, for the murder of a seaman
named David Johnson in May, 1837. Baltimore’
SUN, Baltimore, Maryland, June 1), 1838 (2/1.)
According to The Charleston Courier tssue of 5-1-1887 the crime
occurred on the night of 4/80/37. Miscreant was a crewman of the:
Spantsh brig Monto Carmelo, which was then in the port of Charleston.
Victim was a 17 year old American satlor who was fatally stabbed
tn a whorehouse brawl. Executton delayed for a year due to tnter-
cession of the Spantsh counsel.
ELLIOTT,
11 9-6-1895-A black man named Elliott was hanged at
Chester, S. Ce, today for the mrder of a white man
named Welch in Lancaster County§" DAILY NEWS, Galveston,
Texas, 12-7-1895 (2-3).
NAME
Two EXECUTIONS
PLA city OR COUNTY
‘SoutH CAROLINA
DOE & MEANS
DOB OR AGE RACE OCCUPATION
| RESIDENCE
| 6-/8- (875
RECORD
CRIME DATE
MURDER
OTHER
VICTIM
AGE RACE METHOD
MOTIVE
SYNOPSIS
The I-1-76 issue of the Charleston News bs Courier GIVES A chrondlogical
resumé of évértfs in the State of SC for the previous 5 Year. On page Que,
Column 3 1s the Following Catry for the date of Sime £8, 1875.
“Oliver Spencer hanged tor the murder of Mack Thnwnus
af Florence SC. and also execution of 5 Sr to
No ottailed accounts Found tn ether Qrarleshon or Atlanta papers.
TRIAL
APPEALS
LAST WORDS
EXECUTION
SOURCE
FRANK NEWTON OFFICE SUPPLY=DOTHAN
MCEVOY, James, hanged Aiken S.C, April 19, 1878
“THE HANGING OF wEvoY, |
ete
,tHOTR \rLATIOy OF RERMURO ER
OF Mad, J. J, GRHECH. ae .
‘on ole ccs
4 Oulet Locate tng Rompe ig Rane
Vihout 8 Struggiow>repered
‘ont=& History of the Orhme, amie et tus |
Pavape and Reapltes of the Oondomapd,
oy mets. piers tow a TRH NEWS any covnsen.} J
5} thew, April 19. Fae: cartela at riser
falien §
vnins) of thewpiverse, Meliyoy was tung
gay stien minutes before t a’clock, is one |
che up stalr cells in the jail, fa: ‘presence of
a piste riff and sisistants, the priest and thid
. totors aHowed by dow, several of thas
vg puminent colpred mea, The fall wag,
oy) ty. feat, and! Meivoy, - ‘without the
; wc rig ele, died in fifteea minutes. In
ofan hour the body was taken dows,
+) colin and given to bis father, wha bas
wale in « wagon to Cranitewtie, where tt
ho turerred.
arangementa for the execution were
“it see the fatal rope being suspended
ooo aratier, and double trap. doore cut ith
cae fier wud eupported hy, be bars extending
sling beams to Che eal! below. The
of by pudling a string above, turned the
elu, de =y rhe" “prop falling,” the trails Bdor
cone aed thé body fell trenegy: tor the |
meer cul, ;
ather Heidinkalp wes with Mettvoy from
- ee squerning, and came out with’ tim ‘from
Leet Ue oe Ns Si ae :
gin} remained hy bia side ta ‘The Taat, : ie
Lam prormed iat ‘Molivpy’s manner er * ry
aio wee, “Let ne straighten myself,’ un when
vo plains were placed uncomfortably enon sd
him. About fifty persons ‘uaa outsia,
Pe ta
a (he aarthly earnest of Robert Mo-}
4, atel his case tg now before the Supreme |
se nyening MMe Evoy chortzhed the!
pe ae n ee ae respite, and at bis earnest
requcet was ullowed to come up town and
have Lis plotograph taken. He told Mr. |
jiowland, the superintendent of the Grantte- |
vile Fretory, tha: if he woald get htm é
rvepite De would’ tell who werg the, pactics.,
whosbet him two years ago, He also wrote
slong Matement and sent itto Representa-
is; Sawyer thid morniog, giviag yaluable in-
formation aa to what be knew of the murder
af young Sawyer In 1874, ut he stated that
che would give BO panes Stim di he wes: Bond it
would by te! ifs: ‘gil vant 7
After an tuberview witty Rte Pesauedl thin
hie ribs ry in w iieb be learped the ulter failure
pf the ft. its in his behalf in Columbia, he
siwihat all grounds of hope Were gone and
toon Yoohe down sad refysed t see any one
eve but his spiritual adviser, and would not
veal what he professes to know. The priest.
capressed bitasell satie@ed of M¢Kvoy's readi--
Leek for death, aud believed he. had fully rt
peated of ie sina, However sad the mode KM
ig a relfef fo Ihe whole communtty, ‘(and
jionbtless ta the Governor and Judges whose
painful duty 4 Was to, refuse the petition fur
life,) lo have the long suspense terminated.
Pasiieulars of the Crime.
‘The partidelars of the crime for which Mc-
Livyadied arpa follows ;
About ten: “are rf allt Maj. d. J. Gregg
WAS superint @f the Graniteville Factory,
Wek vor ‘ One +eey € youth, hon of the gard-
a ator’ ga errand
boy. In Ube gg ye 4 was
there Wau
erent, and ihe :
aluoits hed atid ¥i t
doy appearedt to bp
sats d bee wed | ae
, aeiiy for euch a
me? therefare
. Te
Charleston Courier April 20, 1878
(Parts Miss ing)
Caher
aro!
Ayes
took the
him |
in eis
tetas ‘, and appeared to feel nO
vial be hed dene. To —
‘uy le shot Map Gregg, renee
Wesabhit
“
oe the door and fel, Mage
iotake his platol awa
kto the coffee, whrere
idently Intending to
uf jor (irege fret
Wh statement,
wob\o) dlsmiased aiioply because
oo further wee for an errand boy. |}
yar and SteK vey then retired to the
« office, close at hand. 1
THE MURDER DONB, j
« secondd three shots, tn a aac. |
cove heard in the diregtion of this]
caf Meksoy was seen fo ihe vee |
Gregg the following particule
ined by parties who oe get to the
coins thetan golog inte the secte-
we Mekvor repeated that he bad
- farged on accomnt of made
hum hy Maj. G , and also made
comarks whhod Mel Gregg declared
otue. “De you diepete say ward,
aia Mekvoy, ‘Of eomewe I Go, if you
* re pled Maj. Gees. Mc} im
\ drew & ag ne ee ee oe
alis atruck Maj} Oregg-—tw
close together, and one lower down, J
bofa hip. ene ,
ous Mckvoy bad red tie three shots
1 omiys CeRBHOD, he walked Why eo tbe
ones (nto the bell and wally
\in} Ciongg wae taken 1 tomate
we by the uaproyaked wenter
maments before bo
hal il BAe sOEne . ane ,
stytol As soon es he aim; Somer
4 Mcbvoy deltverately tarned apd
che fire, the bell strikiag the door |
Maj. Gregg, who, after ring.
bark to oadee, te
be |
’
rest
“a wars pat On & epeial
<a and carted to Be re
ot, where be dled emrty ment
Sung iis fourth abot Melfvey made
vp! to cecape, bat walked qeietl :
ilis father, @ quict, Ronest end: 1
ws inan, went up to bia anil
iespersdo restated for a0
val to shoot any one whe
tim. Finally, Bowever, :
wespon away frp Biss ead
he Was
by a coustable, He wraa atk
chico! any man who | :
sonnet See
rvgar's pistol, peeps os th ,
« | Bebed above. : The dat oe i i
:
The 6ur the
tngnarder in te
f° Monds tS
tweed the ea a iy Fai
‘day, the BOet. ef: .
“he hours of 36.
Judge admonigl
hase would e so
Founsel, soon v4
OF & tpe :
This 1
Ke DYING LDEROSITION,
Grege’s dying deposition was taken
ows by the authorities at Granitevife, before
St *as baton the train to be brought to Aw
Ausla. and corresponds ou y with,
what is stated above,
_ The irial justice at Graniteville at oves pro- |
ifeeded to lold a preliminary is in
ie cistler, McEvoy was bound over for
lhe), aud in default of batt was seat to Aiken
mu committed to jaf} at that piace. He was
Uelsnt to the fast and displayed a moat inso-.
| eet demeanor whfle the a dolkaleery tawesti-
» #0 much so that it
| Katlon was. pr
; ¥8 thought he bad ze ptatol, and his
Person was sceordiggly geemehed, 1¢ was ae-
he bad ao other arms
Ms}
i “ettgined, however
| About him, | ‘
j H
|
| Conga io
| The lestimon ysother
Pibstantially the
pee McEvby € 4 tobaces vig
Dy the trial, aad aeadnt x te a!
Altitide al out, ie siaens ial
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The assault was committed on
“"Mareh 9; the case was tried on May 4
and~on-May -6-William-Johnson—-was-
——S8entenced_ by. -Judge-Dantzler-to be
_..hanged on June 16, Johnson had not
- employed counsel to defend him at the
trial and Mr. John §. Bowman, Jr.,
=—WaS appointed by.the Court-to perform
= bls duty in amayper torenect credit
~ upon himself. He performed his whole
duty ably in'the Court Housé, and
“alter the verdict of giillty by the jury
‘he -considered*that there was nothing
, an eleventh-hour petition presented
.00,bim by a negro. preacher..from Or-
~@Dgeburg in behalf of Willie Johnson,
the O 3
_ snang-there Friday for criminally as.
> Saulting a little white girl. The peti-
Won was signed by a-dozen Orange-|
~-burg-negroes,~ including a presiding |
~-eiderand-four~ other préachers, twot
« further incumbent upon him to do. |
_.. Lhe prisoner received an absolutely |
* fair and impartial trial, without ex:
~, Cltement, passion or prejudice, The
Jury in the case was an excellent one |
nd was composed of men of judgment,
;_ Caimoess and moral courage, .The jury
consisted of Messrs M. K. Jeffords,
i foreman; R, W. McAlhaney, J. ¢
“loctors anda number of professors.”
“favor. for the eulprit,” the petition
Bays, “if his guilt. were. established,
eee
pane
athe:
ae oe
cwhfoh-It can be shown was withbeld
£80 the ‘trial, can be exauiined, or we,
mavould ask a commutation.to li-e im.
aoe
SSctheiay apa
Be EE NACE
i!
om
afte
Ry
‘<A
Phage
prs
=
See
ap
peas 2 BAM
- pi
3 ?
Re Re, ie hh So nets
hamonivte Pryerens septs dee ieee voperhenneir HEE
Perse tk $ ‘
oe ewwvse 424 TOUS,
a TRIED TO. SAVE HIM,
_ It seems that on the day before the
@xecution an effort was made by a
“Mumber. of colored residents of this
. City to.save-Johnson from the gallows. |
~"£he- Columbia~correspondent of the
‘Augusta Chronicle says “Governor
Heyward Thursday promptly refused
rangeburg neyro sentenced to
—
“WO” WOUlT HOG USE the slightest
‘We pray a stay of execution until ma-
; 2b¢-the-culpritct
risonment."’‘The correspondent says
Roe Neste og the sigoera of the petition are
Revs. ASG. ‘Townsend, C. W. Cooper,
J.B. Taylor,L. A. Faltou, Danie:
Mborer-pad Dr. HDi Rowe.” This
‘e-broad.and-awebping charge that
Rates peti loners male and they should
S-Oalled upon to substanatlateit. |
ves
12, (890 ~ hew oiced jfowe De
ee al CIE Bae. / «sie e dhe Se /
ee AE eR tL Se RETO MMOS Te gE ce AC PORE AE eRe ee yt Oe se ae
JONL irmistead | |
Nia, AYVMistead, bl, 17, hanged Orangeburg, 3C 7/11/1890 4
profit. by his fate. Ile thanked the jail-|
“LAUNCHED INTO ETERK ae P be. Ife thanked tie jer
. wiles RANT Y. - er‘for the kindness he had -laded ret
Armistead Jones is Quietly Hung for } land said everybody hic treated him
i ing His stot oiee.”” °* Ahoy excecdingly kindly. None of his rela-
po of - tions were present. ILe-has never do-
1 ee colored, was hung nied killing. his Beeneetnee ang Ses
Jast:Friday in the jafl for the murder mitted quietly to the, demands of the
‘of his step-mother in the presence of \law. Thursday night he begged to beleft
ae ate aeetan nce O alone, saying he was with his God, that
: POLY. Persons, including the Sheriff he had nothing. further: to say than
and “his~ officers.-Tho--following..par-. what he hud already ‘stated, ‘and ac-
iticulars of the meloncholy affair we knowledged aoe wi he em com-
, clip from the: . mitted the act. There was scarcely any
* puties.. and. lifty negroes, principally women, were
Dr. Thos. C. Doyle, the jail physician,| . at the jail at the time who desired to
entered, the jailat 12 o’clock. They witness the execution, The , however,
found ‘the prisoner perfectly cool and made 00 demonstration, an quietly re-
tied 4 istugit. y and. mained. .outside “awaiting develop-
a tired in a neat, dark blue shirt and ments. oa ee
striped pants. The blatk cap was ad- The crime ‘for which Armistead
justéd and cuffs were put upon -his Jones paid the penalty of death was
hands. He approached the platform a eek ne biniaiand revere
- in details which has ever been petnies
with asteady step. ‘The rope was tied fanserec Ete pOUUNTY ALIS SE SLOT,
around his neck without a word _of {Patio Bataan and |
; 2 jon the best of-terms with im, and no
complaint from him.. He seemed per- reason whatever can be given Why he
fectly reconciled. ‘The trap was sprung slew her. The deceased was on her
at 12.15 o’clock, and his body fell below way to a spring, Whittrshewas~atcus=
with athud. He only drew himself u {tomer Le ae ET an ee
p purpose of getting water, and when
nearing the same she was shot from
once slightly... His pulse ceased to beat
ambush by Armistead in the face, ears.
in“{31¢ minutes after the trap dropped
and in 1934 minutes he was pronot ‘ and head, which alone was sufficient to
dead by Dr. Doyle. ‘Tha 7 Po eas ohen have caused death, but after.she had
a ‘ ody was then fallen the brutal scoundrel pounded
cut down, placed in a neat pine coftin, her head into a jelly with the stock of
and was subsequently taken by county the gun, breaking the same in twain.
Cae and buried in the Potter's Field. | A'stepdaughter of the deceased, who
Jones was; stout young negro, and Iwas at the house a few yards distant
from the spring and who had Justa
would have been 18 years old on next
a i ony mr iehcteeed night he eat few minutes previously seen the mur-
mene aed A et oe early and slept derer running 12 the direction of the
ing and eat aan earose Friday morn same, at once hurried to the spot and
in i at a hearty breakfast and ask- on her way, Saw Armistead inthe road
jed for more of that which had been acting as if erazy. After soliciting
aa big por him. After breakfast he from him-information as to what Was
ihbhad his hair. cut and..quictly dressed the matter and. questioning him as to
and coolly -prepared himself for the the whereabouts of her mother, she ran
° on to the spring ‘and ‘was horrified to
find her mother a few feet from the
path, partially covered over by bushes,
with her skull erushed in. When the
‘anurderer had collected what little
sense he had, he thought of getting her
in order that he might make
grave. -
He was visited on the morning of
his execution by the Rev. J. E..Greer
the beloved paster of the Orangeburg
Circuit, who was in attendance on the
District Conference. Ile was also visit-
ed by-the Rev. J. W. Whitaker, p: wily
oe We ‘ , pastor lwasy
of ae Lepeti Baptist Church here, awity with the .body of the deceased,
10 read a selection from the Jipistle } and told her that her father desired her
to go at once to a neivhboring farm
of John v, 10 and 11, and prayed with
with io message, but she,-instead. ob
him. Jones then bade his fellow pri-
ahah Reick and charged them to re- ‘complying with his request, ran and
‘mber*what he had told them and to called her father, Who was in company |
with several other negro men, after
TiMses- DeNoc.24 TT which the crime became generally |
3 . ee
. known,
- ORANGEBURG, SOC Toly 16 lPI0 | ()) |
After a careful examination as to the
gun, it proved to be the property ofa
Inan named Bailey, who was canfront-
ed by several parties with the m urder-
er, and admitted that he had on the
previous day loaned the gun to Arm-
istead, as he had requested the loan of
the same forthe purpose of going duck
hunting. The murderer then-admitted
that he had borrowed the gun from
Bailey under the pretence of going
duck hunting, but with the avowed
purpose of murdering his stepmother.
After this partial confession he, with.
his brother, Josie, were taken in charge
by the deputy sheriff and lodged in
jail. He, Armistead, was asked why he
had committed the deed, and his rea-
son Was that he was crazy and did not
know what hée-was doing. “And after a
great.deal_of questioning he finally
gave several reasons.
;—The-irst-reason was that his step-
mother wanted hiniself and his brother,
Josie, to go to the mill for some grist
and they wanted to go duck. hunting,
and while his stepmother was talking
to them. about “going to mill” she was
eating hicory nuts, for which he asked
for some, and, while she handed him
apne nuts the gun was accidently dis-
charged, killing her... Another. one_ of
his tales is, when his brother Josie and
himself refused to go to the mill she
commenced to; beat- him. and: he shot
her, thinking his lifa was in jeopardy.
PA™Tew “days “aye, however; he:made-x/.
confession to tha effect that he had, for
several: days previously, made up his
mind -to.“kill his stepnifother, which he
admitted -he_did, ‘and that his brother
‘Josie had nothing—-to-do-with the-hor-
rible crime. .It was by this confession
that the commutation of sentence as to
Josie was effected. oo ;
. The murderer for-the past few days
has’ just seemed -to recognize his situ-
“ation, of roused—the-sympathy of |
everyone who;visited him, |
Eddie Lee
~
\
SCSP (Georgetowns |. «1 °R, “dune'6, 193h.
A
wy RL
DOB OR AGE RACE OCCUPATION « ‘ RESIDENCE
Black | ea Charleston
““om Richardson
Murder 3-7-1934
VICTIM RACE METHOO
John M, Milton, Taxi driver black
MOTIVE
SYNOPSIS
"G eorgetown, March 8, 193)-Uncanny trailing and quick spreading of a police net by Sheriff H, B,
—Bruorton led to the finding of John M, Milton, Loc2l negro taxi driver, fright fully but cher ed
and the arrest of two men by Savannah police suspected Bf the probable fatal chopping. The men
—_held are Charleston negroes named Seaman Lee and Richardson, They were arrested in Savannah
with the dead man's car, Both were seen in Georgetown “edmesday riding with Milton, A blood
soaked cap brought to the sheriff this morning started the hunt, A pool of blood near where the
cap was found on Wehaw plantation, three miles north of Georgetown, and a bloody trail, Led the
officers to a spot where an automobile had been turned around in the grass. Tracking the car
TEOTVETOW 0 2 ole WO Mite OU oOurId O be en> 3 ette
4 iy a > 5 g
on the head, The car was missing and pocket s had been taken from Milton, Locating
CWO -vharFt = ch? =
awakened Milton last night to drive them to the planta » the description of the men and car
—were ouickly sent out, Milton s condition was such tonight that slight hope is held for his ree
covery at a local infirmary, It was found that his head. was chopped twice, one gash piercing the
brain, the other scalping him, Preparations are being made to move him to the vererans! hospital
in. Columbia." CHARLESTON NEWS AND COURIER, Charleston, S,.C,, March 9, 193),
"Columbia, June 6, 193h-Two negroes were electrocuted at the state penitentiary today for mrder,
one protesting to the end that he was innocent and the other taking full blame for the crime,
The first to be executed for the killing of a negro taxicab driver near REAXKEXKKAMXHXEHXAK George-
town with an axe was Eddie Lee of Georgetown, As he sat in the electric chair, Lee asserted:
"I'm not guilty of it, I was with them, that's all," A few moments later he was put to death and
Thomas Richardson of EMAKEXXXXXXN Charleston, the other negro, took his place in the death chair,
“ichardson took full guilt for the slaying, although denying the EXXXXXXXX state's theory that the
two plotted to kill the taxi driver to take his car, MXX#AXXMAXRXAHK "I was half drunk and didn't
know -what—t_was—doing, + _he-said a_few-minutesbefore-the-death-current—snufifed out—his tife-as—it—hadq
Lee's," CHARLESTON NEWS AND COURIER, Charleston, S, C., June 7, 193)
APPEALS
LAST WORDS
EXECUTION
SOURCE
LEE, Eddie and RICHARDSON, Black » Clectrocuved, S.C. State Pri-
Zon fom pot uta) on June 6, 1934.
"Georgetown, S. C., March 8, 1934-Uncanny trailing and quick spreading of
a police net by oneriee He Be. Buuorton led to the finding of John M, Mil-
ton, local negro taxi driver frightfully butchered, and the arrest of two
men by Savannah police suspected of the probable fatal chopping. The men
held are Charleston meet oes named Seaman Lee and Richardson. They were
arrested in Savannah with the dead man's car. Both were seen in Georgetown
Wednesday riding with Milton. A blood soaked cap brought to the sheriff
this morning started the hunt. A pool of blood near where the cap was
found on Wehaw Plantation, three miles north of Georgetown, and a bloody
trail, led are to a spot where an automobile had been turned around
in the grasSe acking the car Bhrough Georgetown to a spot two miles sout
the Sheriff Recaa Milton beside the road, chopped on the head. ‘The car was
missing and pocket book and papers had been taken from Milton. Locating
the house from which the two Charleston men had borrowed an axe and learn-
ing that they had awakened Milton last night to drive them to the planta-
tion, the description of the men and car were quickly sent out. Milton's
condition was such tonight that slight pope is held for his recovery at
a local informatty. It was found that s head was chopped twice, one
gash piercing the brain, the other scalping him. Preparations are béing
made to move him to the veterans! hospital in Columbia." NEWS AND COURIER,
Charleston, S. C., March 9, 1934.
"Columbia, June 6, 1934 - Two negroes were electrocuted at the state peni-
tenthary foday for murcer , one protesting to the end that he was innocent
and the other taking full blame for the rime. The first to be executed
for the killing of a negro taxicab driver near Georgetown with an axe was
Eddie Lee of Georgetown. As he sat in the electric chair Lee asserted:
‘Tim not guilty of it. I was with them; that's all,' A ta moments later
he was put to death and Thomas Richardson of Charleston, the other NeCErO,
took his place in the death chair. Richardson took fault ; gullt for the
slaying, although denying the state's theory that the two plotted to
kill the taxi driver to take his car. 'I was aan eiie and didn't know
what I was doing,' he said a fe
out his life as it had Lee's." NEWS AND COURIER, ‘Charleston, SC, June
7, 19346
686 W.Va.
Mining Comparty; W.Va. 50 °S:E.2d 673.
In Waldron’ v. Harvey, 54 W.Va, 608, 46
S.E. 603, 102: Am.St.Rep. 959, in which
numerous questions were decided, this
Court held that a judicial sale which the
court lacked jurisdiction to decree was
void; that a cloud upon title to land may
be removed ‘in equity by vacating a void
judicial sale and a deed under it; and that
a\person who purchases land from a pur-
chaser of the land at a judicial sale under
a decree which is void for, want of juris-
diction is not a bona fide purchaser with-
out notice. The proceedings affecting the
lands of the plaintiff in the suit in the Cir-
cuit Court of Mercer County and the ensu-
ing sale and conveyances under which the
defendant” Reed claims title may be col-
laterally assailed in a suit instituted for
the purpose of setting them, aside. See
- Preston v. Bennett. 67 W. Vat 392, 68 S.E.
45: Neal v. Wilson, 79 W.Va. 482, 92 S.E:
136; Ellis v. Hager, 87 W.Va. 313, 104 S.
FE, 607; Asbury v. Adkins, 107 W.Va. 628,
149 S.E. 831; Bank of Quinwood v. Beck-
er, 119 W.Va. 5M, 194 S.E. 849.
. [8] . T he defects i in the proceedings were
not cured by Section 34, Article 3, Chapter
37, Code: 1931, which was in effeet at the
time of the sale but which has-since been re-
pealed,. This Court has held that the. pro-
visions of that section did not affect the
prior vested rights of an owner in whose
name the property stood at the time of its
sale to the State. White v. Walter Wick-
ham & Son,. 112 W.Va. 576, 165 S.E. 805.
The statute relating to sale of lands for the
school fund, recently enacted and now in
force, Chapter 160, Acts of the Legislature,
1947, Regular Session, which states the
present requirements of an order of publi-
cation in a suit for that purpose and con-
50 SOUTH EASTERN REPORTER, 2d SERIES
tains provisions curative of ' irregularities
in the present procedure, does not, of
course, apply to the proceedings previously
had in the suit-in which the:land of the
plaintiff was sold.
[9-11] The defendant Reed contends
that as the affidavit and the order of publi-
cation and the proceedings based upon
them were regular in form, he and the pur-
chaser under whom he claims were not
required to look beyond or outside the rec-
ord in the suit in which the sale was made,
and that the sale and the deeds are valid
and vest him with title to the land. This
contention is groundless. A plaintiff must
bring before the’ court, by service of proc-
ess in one of the methods provided by law,
a defendant who does not appear and, until
that has been done, no valid decree which
affects his rights can be rendered in any
judicial proceeding. | In the case of Hay-
mond, Trustee v. Camden, 22 W.Va. 180,
the opinion contains this pertinent state-
ment: “Jurisdiction is indispensable to the
validity of all judicial proceedings. There
are two clements of - jurisdiction; first,
that of the> subject-matter, and, second,
that of the person or thing against which
the judgment or decree operates. * * °
Both elements are pre-requisite and must
exist before the court can render a valid
judgment or decree, and if either is want-
ing all subsequent proceedings are void
however regular they may be. These prin:
ciples are elementary and require no Cita:
tion of authority to verify them.”
The decree of the Circuit Court of Mer-
cer County is reversed and this cause is
remanded to that court for further pro-
ceedings in accordance with the principles
stated in this opinion.
Reversed and remanded.
‘Bo 5 STATE v. LINCOLN : 8. C. 687
Cite as 50 S.E.2d 687
STATE v. LINCOLN.
No. 16151.
Supreme Court of South Carolina,
Noy. 29, 1948...
1. Homicide €=250 : d
Evidence sustained conviction of mur-
der. Bia det
2. Criminal law > 1166/21)
In prosecution for murder, fact that the
court at end of noon recess and before the
trial had resumed heard guilty pleas of
three defendants in entirely unrelated pros-
ecutions and sentenced them-.without ob-
jection of defendant on trial for murder
or his counsel did not prejudice the defend-
ant.
’
3. Criminal law 867
Where during progress of trial for
murder a newsboy entered courtroom and
unobserved by the court solicited and sold
a member of the jury a newspaper, but as
soon as this was noticed the presiding
judge rebuked the newsboy and there was
no showing that the paper, which was
published in another city, contained any
ereference. to the pending trial, denial of
defendant’s motion for. a mistrial was not
an abuse of discretion.
4. Criminal law €=859
Where in prosecution for murder the
jury during its deliberation returned to
court and asked that the testimony of
witness be read to them by the stenogra-
pher, and the request was:granted, but the
stenographer in reading from his notes
failed to read the objections and rulings as
they occurred in the testimony, whereupon
the court required the stenographer to read
the objections and rulings, which was
done, and there was no objection by coun-
sel for defendant at time, there was no
error or prejudice to defendant.
ccc ts
Appeal from General. Sessions Circuit
Court of Orangeburg, County; G. B.
Greene, Judge.
Willie Lincoln -was convicted of murder,
and he appeals. °
Judgment affirmed.
L, A. Hutson, of Orangeburg, for appel-
lant.
Julian S. Wolfe, Sol., of Orangeburg, for
respondent.
STUKES, Justice.
Appellant was convicted of murder at
the January 1948 Term of the Court of
General Sessions for Orangeburg County
and sentenced to death. He appeals upon
exceptions which will be disposed of here-
inafter without discussion seriatim.
The evidence for the State tended to
prove that he went berserk with a shotgun
at the rural home of his mother-in-law on
the evening of November 15, 1947 and
shot to death his brother-in-law and his
sister-in-law, the deceased Bertha Adams
Johnson, and for the killing of the last
named he was brought to trial.
Appellant was separated from his wife
who was staying at her mother’s home.
About four o’clock in the afternoon pre-
ceding the evening of the tragedy he went
unarmed to the house in an effort to see
his wife but was turned away by the lat-
ter’s mother and the threats of his brother-
in-law who had a pistol and fired it into
the ground in warning. Appellant there-
upon left the premises with the statement
that he would return. He went to the
neighborhood of his home and obtained
without permission from the house of his
uncle the shotgun and shells with which
he later inflicted the death wounds. He
entered the house in the nighttime with-
out warning and shot his brother-in-law to
death when the latter went to the front of
the house to investigate the noise attendant
upon appellant’s entry. The deceased and
others of the family had been sitting in a
rear room.’ ‘Appellant then ran through
the hallway and shot Bertha fatally in the
kitchen where she had gone for basin and
water to bathe her wounded brother. He
then went into the yard, firing at other
members of the family who had fled the
house, hitting at least one.
Appellant thereafter left the scene and
was not apprehended until morning. Mean-
while he confided the fact of the killings to
a friend who testified at the trial concern-
ing the admission. Appellant's defense was
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LEVER, "Coot",
"Coot" Lever, black, hanged at Lexington, Sc,
for attempted rape on February 25, 1910, .
Unated Chicago TRIBUNE, 1911, sent by Dr,
James Massey, University of Yeorgia Sociology
Department, Athens, and containing listing of
1910 executions.
Crime Committed on 11/109 at Dutch Fork, Stripped
and beat a white woman. Pep 'The Sete (0 /umbri
SC newspeper) alge/yo 3:)
MARCUS, William A., white, hanged at Charleston, S, C., on August 3, 1906,
"Charleston, S. C., July 28, 1906-"illiam A. Marcus, formerly of Cincinnati, will be execu-
ted in the county jail at Charleston on Friday, August 3, being the first white man to be
hanged in the county in nearly fifty years. Marcus was convicted for the mrder of his wife’
on Sullivan's Island, April 1). After engaging in railroad work about Cincinnati for some
years, he enlisted in the army and was assigned to the Sixteenth regiment, stationed on
Sullivan's Island, Here he married his wife, Maggie Stone, whose family had residéd on the
island for years, She was a domestic but she owned her own little cottage at the seashore
and here she made a good and comfortable home for her husband, continuing to support her-
self and Marcus by her own handse
"Marcus served his enlistment and then departed, deserting her, rambling over the country.
Ie returned to Sullivan's Island last winter and again he was received into his wife's
home, He worked occasionally and spent his earnings on liquor, but still his wife was de-
voted to him, She was a domestic in the employ of the commander of the army post, Marcus
finally left his home,
"He seemed to have a hatred for his wife and on account of his threats the commamer had
issuedorders that the semtinels on the reservation should give her protection on her way
between the commander's residence and her home, On the evening of Easter Sunday Marucs made
his first visit in many weeks, He promised his wife to behave and invited her to accompany
him for a walk, Marcus led the woman to a quiet place on the beach and by his own statement
he then killed her. Marcus committed the crime with an ice pick and )2 times he stabbed
her with the point of steel, sharpened for the purpose, Every part of her body bore the
stabs and when he had mde sure that she was dead he replaced the ice pick in his pocket
and left her body on the beach, ‘When the news of the mrder spread on the following morning
there were threats of lynching, Marcus was arrested and brought to Charleston and put in
jail, The plea of insanity was made and was conmbatted by the prosecution and it was declared
that the man was entirely sane, The jury returned a verdict of mrder in the first degree,"
STAR-TELEXRAM, Fort Worth, Texas, July 29, 1906 (page one, column four).
£
"Charleston, Aug. = William Marcus, the first white man to be executed in Charleston
county since the civil war, was hanged here yesterday for the murder of his bagamous wife
on Sullivan's Island last April. It was not learned until within the last few days that
Marcus had a wife and five children living in Cincinnati," SIAR-TELEGRAM, August , 1906,
page four, col, six
MAYS, Eohriam Correct date lo(26(88 (Mos |
(Not confirmed)
Ephriam Mays, black, hanged at Springfield
(no such county seat), SC, for the murder of
Jacob Burt on Oct. 27, 1888,
undated 1889 Chicago TRIBUNE sent by Massey &
containing 1888 execution lists,
Upgrade to conFirmecl. Per Atlanta Constitution
(o(2118%
Correct location is Edgefield, South Carolina.
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JOHNSON, Commander, white, hanged at Conway, South Carolina, October 19, 1906,
"(Special Dispatch to The Journal), Columbia, S. Ce, Oct. 19 = At Conway, in Horry
County, Commander Johnson, white,.was hanged for the murder of Rev, Harmon Granger,
Strong efforts have been made to save Johnson from the gallows, but all in vain, The
case was taken to the United States Supreme Court, which last Monday refused a writ
of error, Yesterday attorneys appeared before Governor Heyward, who was in Charles-=
ton on business, and again appealed for a respite which was refused, Governor Hey=
ward granted a respite once before in order to enable the attorneys to perfect an
appeal,
"On June 23, 1905, Rev. Harmon Granger was shot from ambush as he was ploughing in
his field, The assassin was concealed in some bushes, where the shells were found,
Bloodhounds followed the trail from that place to the home of Commander Johnson and
thence to Johnson's stable, whence the trail of a horse was followed to Granger’ s
home, ltt was stated that soon after the killing Johnson rode up to Granger's house
and inquired for the preacher, Charlotte Simmons, alleged to be Johnson's sweete-
-heart, was tried also, The testimony was that she stood on a hill and gave Johnson
the signal to fire as the preacher's back was turned, The man was convicted of mur-
der in the first degree and sentenced to be hanged, but an appeal was taken staying
the sentence, The woman was convicted of murder, with recommendation to mercy and
a new trial was granted her,
"The supreme court denied Johnson a new trial and he was again sentenced to be hanged
on March 20, 1906, Governor Heyward granted a respite on a plea of after discovered
evidence and the case has been in the courts since that time, The new evidence
produced was an affidavit from Robert Barnhill stating that John Harris had said to
him that Rev. Harmon Granger was a witch and had a spell on Harris, killing his hogs
and preventing Harris from sleeping day or night. Harris told Barnhill that he was
going to kill the witch if it sent him to the gallows, The murder was committed in
what is called the 'Dead Stretch! neighborhood of Horry County, where no negro is
permitted to live, Being behind with his crops last year, Granger had brought in 2
negroes to assist him and had given them protection in his house,
"This was first thought to be the explanation of his assassination, Johnson's mo-
tive for killing the preacher was said to be due to Granger's denunciation of John-
son's manner of life with the Simmons woman, The evidence was circumstantial, but
convincing. The Conway military company was called out to preserve order today dur-
ing the execution, but no trouble occurred, It was feared an attempt would be made
to rescue Johnson by his friends," JOURNAL, Atlanta, Georgia, Oct. 19, 1906 (12=3&).
"(Special Bispatch to The Journal.) Columbia, S. C., Oct. 17 = Governor Heyward has been
asked to order out the militia for the hanging of Commander Johnson at Conway on Friday,
“he request of Sheriff Sessions of Perry County, was received by the governor this morn-
ing in a telegram, stating that there was prospects of trouble, Governor Heyward gave
the sheriff authority to call on the company at Conway if it is needed, Commander John-
son is to be hanged for the murder of Rev, Harmon Grainger, a Baptist preacher,.,John-
son was convicted on circumstantial evidence because Rev, Mr, Grainger had denounced him
and Charlotte Simmons for their illegal manner of life, The Simmons waman was convicted
of murder, with recommendation to mercy and got a new trial.,..The assassinated preacher
was beliewed by some of the natives to practice witchcraft, and it was claimed by attor-
neys for Johnson that some one else who thought he had been bewitched by Grainger did
the killing. The fear is that Johnson's friends will try to release him on the day of
the execution, All parties are white," JOURNAL, Atlanta, Georgia, Oct, 17, 1906 (11-1.)
ae
Page 28 THE °.NDEPENDENT REPUBLIC QUARTERLY April 1971
The Judge's name was not disclosed, but the Sheriff was W. H. (Hickory
Bill) Johnston.
Big Abe went\to the Judga and pleaded with him to let him take his
gon home. ie told im he had a big crop to make and he needed his gon to
help him to make itX\ The Judge granted his this privilege and set execution
day in November. On he day get for the Aanging Big Abe brought little Abe
on an ox cart and at Tk ofclock that morning he turned him over to Sheriff
Johnson. Big Abe had algo brought a pine coffin he had made for little
Abe to be buried in. litkle Abe was/hanged at 12 o'clock that day in the
old muster field. People came in yor miles to witness the hanging. After
it was over, big Abe took hi& som, placed bim in the coffin, and drove back
home in a rain.
The person we interviewed/did not know whether he was buried the same
day or the next day.
Nathan Willis
Friday March 25, 1898, the trap was \aprung and Nathan Willis was hurled
into eternity. He paid the penalty for his\crime on the gallows. He was
taken down after hang¥ng 22% minutes. Sheriff W. J. Sessions was assisted
by John H. McCaskill/and W. H. Howell.
Before the hanging the condemned negro confesaed the crime, but claimed
that the shooting (vas accidental. His atatements were practically those made
before the trial/ He did not make any speech to the public, but in reapons 6
to a question ssid 4+ was dangerous to prank with a gun. e was visited
a short while Aefore the hanging by the minister and said he was ready to go.
The hanging #as witnessed by a large crowd. The corpse was laid to rest
beléw the old Hamaker Mill. Hamaker Mill was on the site of The Conway Lumber
Company, below the present (1970) S. C. Public Service Authority Warehouse,
site of the old Lumber Company's stables.
* COMMANDER JOHNSON - LAST WHITE MAN
HANGED |
Now we are in the 20th Century. The next hanging that I will present is
that of Commander Johnson. This case 1 would say created more contentions
with equal publicity than any other criminal cage in the history of Horry
County up to thia time. This case was in and out of court for 16 months befor
the final disposition was made. It involved three persons, Commander Johnson,
Charlotte Simmins, and Rev. Harmon Grainger. This murder took place near
Sanford (Now Allsbrook, on June 23, 1905 around 9 a.m. Kev. Harmon Grainger
was shot and killed in his field while plowing cotton. His immediate
family testified he was shot in the back twice, and fell upon hig knees with
his head falling on the round of the plow handles. He remained in this posit
until late in the afternoon upon the arrival of the sheriff and the coroner.
The sheriff was B. J- Sessions, and the coroner was Dr. He H. Burroughs. This
jnquest lasted all night until dawn next morning.
As a result of the verdict the coroner's jury rendered, Sheriff. Sessions
arrested Commander Johnson, and Charlotte Simmons and brought them to Conway
and placed them in jail. From what I gathered, there was malice to 4 certain
degree existing between these male characters. They had trouble about a timb—
deal Johnson had bought, and Grainger claimed he would not pay him. Another
major reason I would say that Rev. Grainger threatened to take out a warrant
THE INDEPENDENT RT TA TA RN |
Bes INDEPENDENT REPUBLIC QUARTERLY is a publicati f H C
1008 Fifth Avenue, Conway, Se Ce, 29526 “and th ae lina geUnE ye eoeor oar eocseey
my) ’ x * T * cy aS € VA ne anc j Y i i i
Three Sensational Hangings,} : ae
" by Ae Car. Sessions,
as
eco get OE A EA etaie aiieethiieliins 1... sc udebiallll
—
ors] 2971 : THE INDEPENDENT REPUBLIC QUARTERLY rage 49
for Johnson and Charlotte Simmons for living in adultery. In the meantime
Johnson waa rated as a rough man, During this time the Dead Line ran near
where he lived. He boasted he had shot two or three negroes who had
crossed this line,
At the fall term of criminal court on September 21, 1905, Commander
Johnson was arraigned to stand trial for the murder of Rev, Harmon Grainger,
with Charlotte Simmons as accessory. The verdict of this jury was Commander
Johnson guilty, aa to Charlotte Simmons guilty with recommendation to mercy.
The court officials for this trial were:
Ernest Gary, Presiding Judge Wofford Wait, Defense Attorney
Monroe Johnson, Solicitor Walter Mishoe, Clerk of Court
B. J. Sessions, Sheriff Lewis Roberts, Court Crier
Imnediately after the verdict was rendered, Attorney Wofford Wait made .
a motion for a new trial; Judge Gary refused the motion. The next. move Mr.
Wait made was to appeal the case to the S. C. Supreme Court.
In November the condemmed was transfered to the Marion County jail
upon the petition of defense attorney for special reasons.
In March 1906, this case was viewed by the State supreme court. The
appeal was turned down, and the condemmed was sentenced to hang in May.
In the meantime Judge Gary nol prosaed the case against Charlotte Simmons
Stating there was not enough evidence to convict her.
The next step made was to appeal the case to U. S. Supreme Court, but to .
no avail. This time Johnson was re-sentenced again by Judge J. C. Klugh
to be hanged on Friday Octover 26, 1906 between hours 12 noon and 2 p.m.
{ must say Wofford Wait was very faithful and a dedicated man to his
-lient, throughout these dark hours. I have heard that Mr. Wait walked to
Marion to see his client when he was prisoner in Marion County jail. The
chances to save the life of’ this man became bleaker each day. His last hope
was to present his case to the Governor who was C. D. Heyward. Governor
Heyward was in Savannah, Georgia, on vacation, but he did honor Mr. Wait's
request to meet him in Charleston. The result of this meeting waa fruitless.
On Wednesday before execution day (Friday) Sheriff Sessions sent L. H.
Burroughs and Albert Hardee (by train) to bring Johnson back and put, in the
Horry County Jail to await execution.
Right after 1 p.m. on Friday, October 26, 1906, Commander Johnson paid
hia debt to society by hanging for the murder of Rev. Harmon Grainger. His
father received the body, and he was buried in the cemetary at Methodist
Rehobeth Church. I have been told that Sheriff Sessions bought the casket,
and fine suit of clothes for the burial,
Jury
W. M. Booth - Foreman N. E. Williamson
L. M. ladlam C. A. Williamson
W. H. King S. M. Lane
J. E. Nixon H. K. Doyle
M. A. Royals F. W. Jernigan
Charles Dusenbury FAHHHGHHHt R. M. Prince
RHGUIAR MEETING
The Horry County Historical Society held its regular meeting at the
‘county courthouse on Monday night, January 11, 1971 at 7:30 P.M.
The meeting was called t~ order by Allison Farlow, who recognized the out-
going officers and thanked them for the tremendous job they had done. Jahn
Cartrette was elected Treasurer to replace Annette Colea who resigned. Allison
Farlow presented the gavel to E. R. McIver, the new president, Mr. EB. R, McIver
a%
540 8.C: “STATE v. JOHNSON ri S.C. 541
TY ¢ Bt
eens
ears
»*
—
SCHOOL OF LON
113 SOUTH EASTERN REPORTER, 2d SERIES
Cite as 113 S.B.2d 540 i
It is argued that the effect of the Act is 1. Criminal Law ¢=438 that opens on a back porch. It is separated knees. X-rays revealed a fracture of i i} 28
to create a water and sewer district to
serve the inhabitants of Cherokee County
outside the corporate limits of the City of
Gaffney and that the constitutionality of a
special purpose district of this kind has
been uniformly upheld. Mills Mill v.
Hawkins, 232 S.C. 515, 103 S.E.2d 14, and
cases therein cited. But in none of the acts
involved in these cases was there any effort
to impair the functions of the corporate
authorities of a municipality or to deny a
municipality the right to determine how its
surplus water shall be used.
The foregoing conclusions make it un-
necessary for us to pass upon the other
grounds upon which this legislation is at-
tacked.
The Act is adjudged to be invalid and the
circuit decree is reversed.
STUKES, C. J., and TAYLOR, LEGGE
and MOSS, JJ., concur.
fara
STATE, Respondent,
v.
Robert “Bozo” JOHNSON, Jr., Appellant.
No. 17635.
Supreme Court of South Carolina.
April 4, 1960.
Defendant was -convicted of assault
with intent to ravish and from a judgment
of the General Sessions Court of Orange-
burg County, J. Robert Martin, Jr., J., the
defendant appealed. The Supreme Court,
Stukes, C. J., held that admitting photo-
graphs of the home of the prosecutrix was
not error and that failure to instruct jury
concerning the confession was not preju-
dicial.
Judgment affirmed.
In prosecution for assault with intent
to ravish, photographs of home of prose-
cutrix were admissible where there was
nothing in them calculated to inflame or
arouse sympathy or prejudice of jury.
2. Criminal Law €>1173(2)
In prosecution for assault with intent
to ravish, failure to instruct jury concern-
ing defendant’s confession which was ex-
culpatory in nature, admissibility, weight
thereof, etc, was not prejudicial where
defendant’s testimony upon trial was in
substance the same as the confession.
3. Criminal Law €=1044 °
In prosecution for rape, assault with
intent to ravish and assault and battery
wherein defendant was convicted of as-
sault with intent to ravish and testimony
was conflicting with respect to penetration
and trial judge stated to counsel his inten-
tion to submit to jury all three counts of
indictment and he invited motions by coun-
sel and none was made, defendant could
not complain. Code 1952, § 16-72,
eee
W. Newton Pough, Orangeburg, for ap-
pellant.
Julian S. Wolfe, Sol., M. B. Williams,
Orangeburg, for respondent.
STUKES, Chief Justice.
Upon an indictment containing three
counts, (1) rape, (2) assault with intent to
ravish, and (3) assault and battery of a
high and aggravated nature, appellant was
convicted of assault with intent to ravish
and sentenced to death. Sec. 16-72, Code
of 1952.
He is a young Negro man, twenty-nine
years old, and the prosecutrix a White
spinster of fifty-two. Their rural homes
are separated by about five hundred yards
of open field. Hers-is her life-long home,
in which she occupies a rear apaftment
GP Sut ace sees tbat Rs a
JH BCs OA
by a breezeway from the living quarters of
her brother and his wife. On this occasion
they left her at home temporarily alone
at about ten o’clock at night. Appellant,
from the road in front, saw them leave and
entered the premises by another driveway,
without their knowledge.
Except as to the nature of the ensuing
physical encounter, there is no material
conflict between the testimony of the appel-
lant at the trial and the evidence for the
State. The prosecutrix had retired when
appellant attracted her attention at the back
door and asked to buy eggs. She got the
eggs for him, opened the door to make the
sale and, she testified, he attacked her,
pulled her out of her kitchen, off the ad-
joining porch and across the yard, mean-
while brutally beating her with his fists,
to a darkened area where he sexually as-
saulted her despite her. resistance and
screams for help. The latter were heard
by an aged colored neighbor who lived
about a quarter mile away. He and his
granddaughter went to the rescue, causing
appellant to flee, and found the prosecu-
trix whom he assisted to her feet and into
the house, then left to give the alarm.
Other neighbors, officers and a doctor soon
came. The latter treated the prosecutrix at
home and had her moved by ambulance to a
hospital. The physician who treated her
there saw her first in the emergency room
when she was brought in at about midnight.
The following is from his testimony:
“Q. Doctor would you describe her
condition to the Court and jury when
you saw her? A. Generally, she was
hysterical and upon first seeing her she
was noted to have bruises about both
eyes, chin, the angle of the left jaw,
the right shoulder, the right posterior
back, the left lateral chest and anterior
neck. In addition she had lacerations
of the upper middle lip, the lower left
tongue and about the right side of the
throat just in front of the right tonsil.
She also had a severe sprain of the left
knee and also brush burns about both
the left tenth rib. It was necessary for
her to be in a sitting position because
of difficulty in breathing.
“Q. Doctor, as a result of the
examination you made, what did you
do then in treating’ this lady? A.
Well, she was given sedatives and
then she was admitted. Should I
continue with the treatment on her?
“Q. Yes, go right ahead. A. Of
course, she was treated, the lip sutured,
stitches taken in her lip before she was
admitted, in the emergency room. She
was treated for the bruises and she was
given general and supported treatment
and then finally discharged from the
hospital on-the 15th of July.
“Q. How long did she remain in the
hospital, Doctor? A. That was about
eight days.
“Q. Dr. Wolfe, have you seen her
since she was released from the hospi-
tal? A. Yes, sir, I have. I have seen
her on three occasions at my office as
an out-patient. I last saw her on Sep-
tember 11, 1959.”
The prosecutrix identified appellant as
her assailant and the officers went to his
nearby home and arrested him. He pro-
duced the clothes that he had been wearing
and they had fresh bloodstains. He was
taken to the State Penitentiary that night
and next morning to the headquarters of
the State Law Enforcement Division (SL
ED). There he signed a statement in the
presence of officers who testified that it
was voluntary, without threat or promise
of reward, and after warning that it might
be used against him, and after offer to call
counsel, friends or family. Because one of
the grounds of appeal is concerned with the
admission in evidence of it, we quote a.
portion of the statement, as follows :
“When the car went out this side of
the road I went on the other side and
I saw this lady walk across the house
and I went up by the railing on the
oe pti dee 2 Be
"0961 *Te AEH (Aqunoy Bmqesues0) dSOS sete foe *yoeTA **ar fyctoqou *NOSNHOP
Wo UIN2 ee
Vining méeuoen,
bi,
(Lancaster), 7/20/1934
“any enaence
theory. e3
Peyton Brown went to his death
very calmly and prison officials were
quoted as saying that his indifference
“JONES
-_
~~” AIR FRIDAY
—— ae
-—-, NuMber of Lancastriuns will
ite Witnesses to fhe
‘Plectrocution.
ified
\w ‘womber of requests “for admit-
ttarice’ AS witnesses to the electrocu-
radmissions for people of
in application
‘ Solicitor Finley who came to
ceogster Thursday ‘afternon said that
He’ did’ not see ‘much use in recoths-
of charge would be
Foster. ,
“Reuben Jones who will be put to
death on Friday morning is the first
rson from Lancaster county to dale
in the ‘electric chalr. Ie
victed of first degree murder without
clemency for
‘the killing of Bernard McCullen here
Since the penalty for
murder Was changed from nanging
‘to electrocution about twenty years
ago there has been none from this
d to ait.
a
C
ra
3
oe
<
€
-
}
<
°
4
°
uw
°
3
ang
i)
=
°
@
‘cution shall take place after sunrise
“and it is customary for the electro-
cutions to take place at Columbia &
few minutes after 6 o'clock in the
morning.
Last Friday
white man, wad: electrocuted and he
went to his death proclaiming that
he was not involved in the killing of
a service station operator
Jefferson and Pageland. Some time
ago the operator of
there wast robbed and. the
well and officers suspected that he
* killed his wife to keep her from tell-
ing anything about this crime
although they were never able to get
to substantiate this
Jast term of court put since that time
- will be & state of collapse when he
1 duy morning.
i
TODIEIN |
‘The law provides that the electro- |.
x
- travels down, “rhe Last Mile” on Fri-
Ted
7 eo ee ~— -.
° = }
:| Who suggested
Claims’ Parnellgboster Impi
Bernar
in Killing of 7
icated
ead
tren Mtv ete ne ere
‘On Tuesday Reuben Sones who was
sontenced to die in the electtic chair
on ‘Friday ‘implicated Parnell Foster
&$ an accomplice in thé murder of
Bernard McCullen, saying that Fos-
ter is the one who suggested that
they rob the filling’ station and that
the ‘two of them made an unsuccess-
‘ful ‘attempt to hold up the place pre-
vious to the night McCullen wag kill
Chief Montgomery : 9nd Sherif?
Dabney were called‘ to Columbia orf
clgar box and that it
they decided to rob the place,
Some time afterward they planned
-{to rob McCullen but they. were. not
able to find the switch
ciunheeeeeee ee
a 4
the-first ‘opportunity-do-the-acto-T,
condemned negro sald that they ha
agreed ‘to divide the-money- obtaine
but that he saw Foster but once b
tween the time of the murder and }
arrest andy that>he gave Foster 0
dollar, He had given this dollar
Poster, he said, Just a few minv
before he was arrested by Dep
oore. ‘
Jones told the Officers that he
not thought of robbing McCullen
til it was Suggested by Parnell
that ever. since that -time he
thinking of the money andcoulc
‘jeet it off hig mind,
After being questioned for
time by local Officers Foster adn
that he was with Jones on the
that they
box and that
they rob the bo
would not go ‘further: than “thi
Ing that he told Jones that he
he - crime by }
Jones did not claim that Fos:
wit hhim on the night of the
but claimed that he was the
tor of the distardly deed,
Parnell Foster has a@ hard
to have thrown & Coca-Cola bottle at
then-an auto-
‘ Jones said that Foster and he
agreed to rob, McCullen at their first
Opportunity and that it was Foster
that the one that had
tion aceording fo the local
and has been UD In court oF
occasions. He recently spent
gang sentence,
Jones said that Foster
him on one Occasion that
some “hot” money which ;
be spent. ,
“MeCallen
Rey Nal
ie 4 wk
mae
as Yond
S.C, Executes Lucas
AP 15-Nov-1996 1:37 EST REF5853
Copyright 1996. The Associated Press. All Rights Reserved.
The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.
By KIM CURTIS
Associated Press Writer
COLUMBIA, S.C. (AP) -- A man who said he wanted to die was executed
early Friday for murdering a couple in their home during a 1983
burglary just two days after he was paroled.
Doyle Cecil. Lucas, 41, had given up appeals and chose to die by
injection instead of the electric chair.
He was convicted of killing Bill Rayfield 65, and Rayfield’s
64-year-old wife, Evelyn, at their home in Rock Hill, in north-central
South Carolina.
After shooting the couple, Lucas carried out a blood-spattered
pillowcase stuffed with money and costume jewelry, and drove away in
the couple’s silver Chrysler New Yorker. Lucas, wearing a blood-stained
shirt and Rayfield’s watch, was arrested soon after when the car was
spotted.
The Rayfields’ grown sons, Mickey and Steven, found their parents’
bodies after their father failed to arrive for work. Mickey Rayfield
witnessed Lucas’ execution.
"I feel by seeing him die, it will provide some sort of emotional
closure," he said before the execution.
Lucas’ lawyer said Lucas was "filled with remorse." "He hopes his
dying will help the Rayfields deal in some way with what he did to
them," David Bruck said.
Two days before the killings, Lucas was paroled after serving one
year of a two-year sentence for truck theft.
NO APPEAL.
MADISON, Scott, black, electfocuted South Carolina S. P. (Barnwell County) on Dec, 22, 1913,
"Augusta, Gae,y Dec. 4, 1913-Amessage to the Herald from Barnwell, S. C., is to the effect
that Scott Madison, a négro, was arrested at an early hour this morning by Sheriff Morris
on the charge of murdering E, Peyton Best last night. Mitchell Story and Gilbert Miller,
two other negroes, were arrested as accessories, Gov, Blease has ordered out the Barnwell
military company, and it is thought that a lynching may be averted, Matison, Stroy and
Miller are at present in jail and the town is in a state of excitement, There was a coro~
ner's inquest held this morning over the remains of Mr, Best and it was declared that
Matison did the killing, with the 2 others hcarged with being accessories before and after
the fact, According to the evidence, Mr, Best was leaving his sbore when a negro got
in his way. As he pushed him out of the way a soda water bottle was thrown at Mr, Best's
head, He thought son did it, and asked him about it. 'No, that negro going down the
street threw at you,' said Matison. Mr. Best started after the negro going down the street
and when he got a few feet away from Matison the latter fired one shot, it is said, strike
ing him in the back, The bullet penetrated the heart and Mr, Best died instantly. But one
shot was fired, As soon as Mr, Best fell Madison and the other negroes scattered and it
was not until daybreak this morning that they were caught. Mr, Best was a merchant and a
prominent man," (Later) "Special dispatch to the JOURNAL - Columbia, S. C., Dec. } = The
military company at Barnwell was ordered under arms and Sheriff Morriszwas instructed by
Governor Blease to swear in extra deputies and preserve the peace as the result of a long
distance telephne message from Senator Patterson, of Barmwell, to Governor Blease this
morning, Senator Patterson said that a mah was forming with the avowed intention of
lynching two score negroes who were under arrest charged with complicity in the shooting
down of E. Pe Best, a white merchant, on the streets of that town last night. The gover~
nor asked C, C, Sims, a candidtate for governor who lives at Barnwell, to help quiet the
crowd, ‘Please use your influence to preserve order and see that the law is vindicated,!
read the message to Mr, Sims, Barnwell is seventy miles south of Columbia on the Southern
railway." JOURNAL, Atlanta, Georgia, 12<-1913 (1-3,)
"Barnwell, Se Coy Dec. 9, 1913-Scott Madison, negro, was found guilty here yesterday of
the murder of B, P, Best, the merchant who was shot to death on the street in Barnwell
a week ago, Madison was sentenced to be electrocuted, and was immediately taken to Colum-
bia for safekeeping, Two other negroes indicted with Madison were acquitted," JOURNAL,
Atlanta, GA, Dec. 9, 1913 (Lieh.)
ADVI cr WORK.
pipeidentalty, is announced thet the
@ of Abercorn has ordered for the
eld Red Cross, 300 dozen of Messts.
> and so's bandkerchiefe “which are
fame for their softness and delicate
mture,” etc, and every theatrical
press agent in the country te reaping
harvest by obtaining a gtatultous
Gvertisement from hitherto unheard
b re and actresses who are willing |
r) te war pocms or do a turn to
pelp the war fund. This, of course,
eriousty applies to the few leaders of
he profession who originated the idea
f an American quota of charity, a
mMnevement which culmisgated in Mrs.
Brown Potter’e “The Chantaint,”
h the latter hae not escaped crit-
The Times sets an example by giving
®& meagre and uncomplimentary re
prt in its news columns and since
hen several society other papers
ve referred satirically to the excess
which marked the tipping methods
mployed wt the entertalument to raise
‘The amount of advertising some of
be theatrical nonenthies have secured
t excused even by the presence of
pyalties, Ss
AMERICANS EMBARRASSED.
Many
dishppol
and et r feeit with the
ding Mei ‘portoran . Mr.
Choate, the
H.
Oe te
The
4
knew enough to leave no doubt: that
they would doubtiess go far toward
making it dificult to convict. Basing
hie findings simply upon the shooting,
the Attorney General would report that
he saw no chance of making a convic
tion and would avk the court to let the
cases go off with verdicts of not guilty.
Nothing more was mid except that
Judge Cooper said the recommenda-
tion of the Attorney Genertl was euffl-
cient in the premisea, oe
The killing of Arbuckle was one of
the most sensntignal affairs that ever
took place in the city, folowing as it
aid, close upon a long series of disclos-
ures of trouble between the men grow-
ing out of their family relations. Wal-
ter Fairbee had permitted a divorce
to be taken ont his wife and Ar
buckle had been Likewise given his
freedom from matrimonial bonda
Arbuckle had just returned home to
Memphie. with the announcement that
he would marry Mra Faribee. Ar
buckle was stopping at the Clarendon
hotel, and it was in the vicinity of
that hostelry that the two men met on
the street. The shooting ensued with-
out lose of time. Arbuckle was woun.
ded and wag carried Into the hotel. A
few days later Mre. Faribee reached |
the city to nurse him and then it de.
veloped taat Mrs. Faribee and Ar.
buckle had been married up North a
jfew daye previously.
J
Arbuckle rallied from hiv wounds for
@ while, then began to sink. He was
conveyed to the city hospital where he
| ated, nursed to the last by his new
{ lee
00 Site ttn. 8
wife, Faribee was indicted mar,
ond ee upon the death of Ar-
‘TWO HANGED FOR ASSAULT,
em,
|Bargereiorf districts, and, driving
| Belmont had reached Pretoria, ag it}
jot Ri
Of xaiee
da big foreé Gr
| The — and .
ignune replied. .
eThe scouts also reported.
strong force to the nortiiwes
camp. setae
The British guna bave at
camp and the infantry hae tf?
no
¢: } i
The hospital train arrived at Orange
river in the nick of time from Cape-
town and was sent to Belmont. The
train {s constructed on the. corridor
system, with bede ranged in tiera on
each side. On ita return to Orange
river with the wounded it was found
The mounted infantry te aly
that a number of them were unable to enh ee:
walk, but there were many stretcher
walk, : DERVISHES RC
The troope in camp lined the route
from the station to th ital. The 7 led
wounded ware chaeetel one as they Many Leaders Killed ie
sands of Men Hav.
ur
itm along, supported by medical or-
exchanged chaff with the sol-
diere in the crowd.
There ig much discussion now as to
whether General Methuene intends
to march direct to Kimberly or double
Tound and cut off the Free ‘Staters,
who have invaded the Calesburg and
Cairo, Nov. 2%—Lord On
Britésh Minister here, has t¢
following dispatch +from
Kitchener: ee
“Wingate’s force caught up
Khaiifa's force eeveral milee ma
of Godid and attacked ft.) #
sharp fight he took ‘his po
Khalifa who wae sorroi
them on Generals Gitacre and French,
{mflict a crushing. defeat on them. The
general opinion, however, Is that he
will proceed north and attack the
Boers at Mooi river, thus relieving
Kimberly. There is much anxiety now
as to the fate of Mafeking in view of
the latest and somewhat despondent
advices. It was rumored in the Glas-
gow Stock Exchange today that Mafe.
king had surrendered, but the War Of-
fice officiale declare they have nothing
confirmatory or otherwise.
In the meanwhile the news from Na-
tal is not encouraging. Estcourt and
the Mool River camp are both hard
pressed, and it seems almost a joke to
regard the garrisons as forming part
of the relfef force for Ladysmith.
A dispatch from Pretoria dated.
their whole camp was ta
sands sarrendered. A
wonen, children and ¢
into the hands of 4
foree.” .
A POINT FOR T
Court of Appeals De
Has 0, Right to
ms : Frankfort Ky... Nov
saye: “Heavy fighting te reported south|of Appeals today.
"Kimberley today between the Free! cight to the 1,107 Ne
teria aa ath
ee re eee oe eee
oMACK; Ned <i
(Need confirmation.)
"Columbia, SCy Apres 13, 1905=The. lunacy commission of 5
MACK, Ned, black, hanged Manning, South Carolina, on April 28, 1905
“J :
physicians have reported to the governor that after a
thorough examination they can discover no evidence that |
Ned Mack is of unsound mind, and that interviews they
have had with several persons
who have known the condemned
negro some fifteen years, further convinces them of the
accuracy of their conclusion..
port, the governor has refuse
On the. strength of this re-
d.to interfere, and Mack
will be executed at Manning on April 28, 1905." JOURNAL,
Atlanta, Georgia, April 13, 1905 (3:7e) :
e
se Bien. tomy eS fe <tad (abil gable: aceie “SE elfen abiee Ga! n - ; cei cin oF mee oc, : i
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Slave JESSE, black, hanged at Cheraw, South Carolina, on January 18, 1828,
"A letter from Cheraw, gives the following particulars of the late fire in that town: 'A
fire broke out on Christmas morning, in Front, two doors from the corner of Market
Street, under or in a fenement hired by the Council. The building was large, and
consisted of two stores; next stood two stores fronting on Front and Market Sts, with
a dwelling above, occupied by Mr. Muirhead; next a small store on Market Street.
These, with kitchens, one smoke house, and one bakery, were all burned to the ground,
By great exertions, Mr. Drake's in Market Street, and Mr, Lazarus' store on Front
Street were saved. A man accustomed to see fires extinguished in a city, woukd, on
seeing the situation of this fire, scarcely believe we had no other means of
stopping it than blankets, tubs, and buckets, and withal had to carry water a cone
siderable distance. The two nearest buildings to the fire, were about 30 feet in
Market and 20 feet in Front Street. The latter is much injured, but by putting on
new weather=boarding, can be made comfortable again, The wind was very light; had
it blown only briskly, all this square, and perhaps all Front Street, would have
gone. We had not even a firehook with a staff. The Council lost their book, etc,
jn short, all they had. There is not the least doubt of the fire being the work
of an incendiary, as the building in which it originated, has not been occupied
for a long time, A negro is now waiting his trials the evidence is altogether
circumstantial though very strong. I beli@ve nobody here doubts his guilt, conse-
quently he will be tried by freeholders from the country. Mr. Muierhead was the
greatest sufferer; a few minutes later, and he, with his family, must have been
burned, or compelled to jump from the second story windows, as the only passage
from the dwelling, was very early in the flames, - Happily for him, a strong pa-
trol was out, who discovered the fire, and broke into Mr, M's house before anyone
within heard the cry. Eight buildings are destroyed, and several others much in-
jured." COURIER, C,arleston, SC, January 1, 1828 (2:2.)
"FIRE-We regret to learn from Cheraw, that about two o'clock on Christmas morning,
a fire broke gut in a house belonging to Mr. Devaga, of Front Street, and occupied as a
depository of the corporation, books and papers, which, with all its contents, was
entirely destroyed, The fire then communicated to two other houses, one of them the
dwelling of Mr, Alexander Muirhead, both of which were destroyed, together with
several outhouses, Other houses were in imminent danger, but the progress of the
flames was finally arrested, chiefly by the exertions of a Kentucky drover, There is but
little doubt, we understand, that the fire was communicated by a slave of Mr, Muirhead, The
loss of property is estimated at $8000, = FAYETTEVILLE OBSERVER, 27th inst,"
COURIER, Cyarleston, Se Ces December 21, 1827 (2/3)
"FIRE IN CHERAW - We have been politely favored with the following letter, received
py last night's mail, giving an account of an extensive fire in Cheraw: 'Cherawy
Dec. 25. Dear Sir = Since writing you last evening, I am sorry to say, that this
morning, between 1 and 2 o clock, wexwere aroused by Fire, which was proceeding from
a vacant store, adjoining the dwelling of Mr, Muirhead, and between that and the store =
the work of an incendiary. Mr. M, Had searcely dressed and got out the house, be~
fore the whole was in flames, The fire burned to the corner, and up Market-street,
as far as Drake's Taylor Shop, where on that side it was arrested; on Front-street
it was stopped at the dwelling of Mr. M'Queen, by the greatest exertions, which was
so far X&#KUMAKAH fortunate, as the next building was a large store of Mr. Lazarus,
which was several times on fire and if not extinguished, might have inevitable taken
Mr. Muirhead's store, adjoining which was considerably lower, and consequently could
not have been extinguished, by an exertions, The wind fortunately was light, or the
whole of Front-street, comprising nearly all the stores in town, would have been
burnt. A negro boy has been taken up on suspicion, having made threats of
attempting some such things; and I have no doubt he is the culpable person, whether
it may be proven on him or not. There was nothing removed from Mr. M's store except
the books, which was fortunate also, as great loss and damage would have accrued by
the removal, Mr. M. has juuboognmemioxpaxioetxictx lest a great part of his Clothes
and Furniture, The whole of those buildings are now level with the ground, and
the ruins are still smoking. The danger may not be considéred quite past."
COURIER, C,arleston, S. Garolina, May 29, 1827 (2/3e)
292 The Revolutionary Impact of War
45. ‘’The Papers of Gabriel Manigault,” South Carolina Historical Magazine
64 (Jan. 1963): 2, and letter from Woodmanstone, England, 5 Sept. 1775, in
Manigault Family Papers, South Caroliniana Library, Columbia, S.C.
46. BPRO Trans., 35:192—93, 197-98.
47. South Carolina Historical and Genealogical Magazine 27 (July 1926): 129.
Peter Timothy, member of the Council of Safety and printer of the South Carolina
Gazette, writing to William Henry Drayton on 13 August, continues his account:
“There is hardly a street through which he was not paraded nor a Tory House
where they did not halt. . . . At. Fen. Bull’s they stopt, call’d for Grog; had it;
made Walker drink D——n to Bull, threw a bag of feathers into his Balcony, &
desired he would take care of it till his turn came; & that they would charge the
Grog to the Acct. of L.* North, finally the wretch was discharged at Milligan’s
door. The people were in such a humour that I believe there was scarce a
non-subscriber who did not tremble, & Wells had his Shop close shut” (ibid., p.
129). Fenwick Bull was an agent of the English government and no relation to the
Carolina Bulls.
48. “Mr. Milligen’s Report of the State of South Carolina,” written at sea
after leaving the province, 15 Sept. 1775, quoted in Chapman J. Milling, Colonial
South Carolina (Columbia, S.C., 1951), pp. xix—xxi. Milligen continued, “About six
o’clock they took it into their heads to pay me a visit with him. . . I was
immediately surrounded by a vast crowd, three or four hundred snakes, hissing,
threatening, and abusing me.”
49. BPRO Trans., 35: 184-88, 207-8. Campbell wrote: “Your Lordship will
I am sure excuse my warmth when I acquaint you, that yesterday under colour of
Law, they hanged & burned, an unfortunate wretch, a Free Negroe of consider-
able property, one of the most valuable, & useful men in his way, in the Province,
on suspicion of instigating an Insurrection, for which I am convinced there was
not the least ground. I could not save him My Lord! the very reflection Harrows
my Soul!”
50. BPRO Trans., 35:196. On the strategic importance of Negro pilots, see
Wood, Black Majority, pp. 204-5, and Quarles, Negro in Revolution, p. 152. For
evidence of discussions regarding the tactical significance of ships in Charleston
Harbor, see Bargar, “Charles Town Loyalism,” pp. 131, 133.
51. BPRO Trans., 35: 216.
52. BPRO Trans., 35: 215.
53. BPRO Trans., 35: 198—99. The governor added, “I received too a letter
from a man of the first Property in the Province, who had always express’d great
friendship, representing in the strongest terms the dreadful consequences that
would attend my pardoning him, concluding with this remarkable expression,
that it would raise a flame all the water in Cooper River would not extinguish.”
54. BPRO Trans., 35:200-202. Campbell recorded that the Reverend Mr.
Smith “candidly told me that he attended the Black as much from a desire to
ascertain the reality of an instigated insurrection as from motives of humanity.”
55. Henry Laurens to John Laurens, 21 Aug. 1775, Henry Laurens Papers,
South Carolina Historical Society, Charleston. For an earlier encounter of
293 ‘Taking Care of Business” in South Carolina
Jeremiah’s with the white legal system, see Miscellaneous Records, Book RR,
p. 239, and Book OO, p. 264, South Carolina Archives. I am indebted to David
Zornow for these references.
56. Maier, From Resistance to Revolution, p. 279.
57. Governor Campbell based much of his argument for Jeremiah’s
innocence on the belief that a prosperous free Negro would have no grounds for
fostering resistance and on the reassuring fact that no evidence of incitement or
involvement by whites could be found. Significantly, he explained the unrest in
the slave community and the testimony against Jeremiah in terms of white
behavior: “The constant exercising of the Militia, and other martial appearances,
joined to their imprudent conversations at their tables before their domestics,
could not escape the notice of those unhappy wretches, and naturally led them to
converse among themselves on the reasons for it. One of these conversations
was, it is said, overheard, and several of those poor ignorant creatures taken up,
who terrified at the recollection of former cruelties were easily induced to accuse
themselves and others to escape punishment’ (BPRO Trans., 35:195—-96).
ea —
JETER, Bob = Yurteston News A Curie [2h 8/§G Fy z
Bob Jeter, black, hanged Spartanburg, S. C,, 12-17-1886,
He broke down on the scaffold and the scene was a most
pittiable one,
. ATLANTA CONSTITUTION, Atlanta, Ga,, 12-18-1886
fobert Butter alias Jeter. Negro, at 17. hte killed a white
tan) raattted Hampton Little iele. Vichion wits a Llathsnt 19; 049
tate! day: miscreant came 70 tis Forye and starred, (pic titay 077
Lls woprentiee. Victor warmed miscreant re prc 077 Sornehody
his darote. Jo he proceeded, 70 Lear “ion wtb A sock.
—_— =
Slave JOE, preewerser hanged, Edgefield, SC, September 21 189,
"Murder - MR. JESSE WEATHERFORD, who lived in this Village, was shot
on Monday night last by a negro man named Joe, belonging to MRS. R.
BLALOCK, at her plantation about 3 miles from this place. The negro
borrowed the gun and amunition from a neighbor in the name of his
young master, But his real object, as afterwards discovered, was to kill
another negro, Weatherford and two others went with the view of arrest-
ing him and taking the gun from him. The party being detached to await
the approach of the negro, Weatherford encountered him single handed,
which resulted in his death...the whole load of the gun entering his
arm and breast near his heart... .Mr. Weatherford wes a quiet, peaceable
man, and went in search of the negro at the request of the negro's own-
er...-The negro made his escspe and is still at large. - 'EDGEFIELD
ADVERTISER,"
THE KEOWEEM COURIER, 189-1851; 1857-1861; and 1865-1868; Edited by Col-
leen M, Elliott; 1979, Fasley, SC: Southern Historical Press, page li,
quoting issue of Saturday, September 8, 1819,
"South Carolina: The slave Joe, the murderer of Jesse Weatherford,
was hanged near Edgefield, SC on the 21st ultimo (September 21, 18)9),;,
a resident of the
se, officers sut-
il scene. Henry
3 side and placed
le hand on her
ou tell us more?”
injured woman
to repeat what
yan and added a
d gone to bed...
he door and beat
ber anything else
e. Finally I was
door and call for
sted, she fainted.
-ed at each other
ere it was Sun-
i Maggie told of
ning in the night!
at the attack had
ight before?
hospital quick!”
We'll talk to her
‘ned to the bodies.
; head had been
le times with a
hat brought blood
d. The same was
her throat bore
‘uises as if some-
a
as fiend did this?”
with horror. “And
ve ? These people
yenniless. And if
mies, it’s news to
vhine broke the
the murder room.
‘d about and their
ne of the two beds
i which the sound
til then unnoticed,
ered.
ld talk, we’d prob-
hole story,” Coro-
‘rimly, then added,
ndition of these
the murderer tor-
e before he killed
at the number of
say that the death
sufficient to cause
the killer wished.
wounds are deep
mparatively shal-
omebody had been
and getting a little
each blow.” He
ly, gaping cuts that
os of the old pair.
ared in grim fasci-
‘,” the coroner con-
ce bruises on Ida’s
- are none on his.”
the still form of
say they’ve been
s or perhaps a little
7
Pia. a i
“Then that would make it some-
time late last night, as we gathered
from Maggie,” the sheriff replied.
“Okay, we’ve got the approximate
hour fixed but we don’t have any-
thing on the fiend who did this.. ‘tr
Let’s scout around here some.”
Officers bent their efforts to giv-
ing the room a thorough search.
Little did any of them realize that
these two murders and almost a
third were only the. beginning of a tell
reign of horror in their county, the
likes of which it never had known!
“There’s the death weapon!”
Brockman said, pointing to the floor
where a butcher’s knife lay, its long,
bloodstained blade gleaming eerily
in the lamplight.
“Be careful with it, George,”
Henry instructed his identification
officer. ‘Maybe you can get finger-
prints.”
Further examination of the
premises revealed a_bloodstained
& 5 sn the
Ake rh : a gt
Sees = as. she lay .on a hospital
he
i i a oe a ia
me clas | bho ts
gar Pee ft 0% ‘oe Be ¥ 7
‘
‘Would “da thie strike again? The "thal bid caused’ the decth of her & '
“Whole”. Ryeiendered: and ‘was . brother and sister. Was it signifi-
ies | scant | that she and Ida had been
<hia ‘officers, relat choked and. théir, brother jhadn’t?, ;
‘and newspapérmen °
The ‘date ‘was Feb: 124, ten*
vigorously in. the days that days after the two Petries had been.
jowed| to’ piece togéther a cohef*’ “brutally murderéd and; the third
ent. story , from’ Maggie Petrie’s, . fiendishly attacked. «Sheritt Henry .
sat in his officé staring out t the win-
_ between , lifes and. dow. A cold rdin was jturning to
But, to no: ‘avail. ‘She could ‘snow, . It was, around eight d’clock, | '
emi: enti: no’ more, The tests on The sheriff's’ thoughts were’ ont the” Lag
the butcher, knife had failed to yield Petrie’ case. Hs
. Medical ex- ,. The'investigation was at: ‘a stand-
beh "Maggie Petrie, ‘by this time ’
*t
basin of water,.mute and sickening
evidence that the murderer: had
tried to cleanse himself after finish-
ing his butchery. A pocketbook with
a $1 bill and 50 cents in change
hung in plain view. It was un-
thinkable in the first place to con-
sider a robbery motive in a place
where such poor people lived, but
the fact that the pocketbook was
secure definitely eliminated this
theory, the officers thought.
Numerous burned matches lit-
tered the room. But there was
nothing else that might help the
officers establish the identity of the
demoniac perpetrator of this das-
tardly deed or his motive.
“We might as well send the
bodies to the morgue and go back
to Spartanburg and take stock of.
our findings there,’’ Sheriff Henry
suggested after a search of the house
and surrounding territory failed to
produce a single worthwhile clue.
“We'll try talking with Maggie
again. If only she can remem-
ber—”
PARTANBURG’S grisly double
murder at the Petrie home
occurred Saturday night, February
14, 1942. The entire county shud-
~ dered when it read. the terrifying
details in the newspapers. Who
would want to harm the Petries,
those poor, helpless people? Rob-
bery obviously wasn’t the motive.
What, then, was the murderer’s
purpose and who was he? Was he
a sadist who experienced an unholy
joy from inflicting pain? The con-
dition of his victims, their heads
battered and gashed innumerable
times when one strong blow would
have killed instantly indicated such!
These and similar thoughts raced
vee the nes of the sitieay-
XS bi Seis Abe aha
aes
ee
et Lad
9 = F
> ei’
iy Bit thy
sd
9%
The shotgue
to amurder
*
. ich r. Hughes ghes w
met elde erly, couple:
"ofBiers wack down er spésilanth.
ried to shoot his
your scsi
sed
and ¢ the @ axe ¥
is oars he Maendish slayer
h
. Anything wrong
“Whe ringing’ ‘of ‘the telephone in-('s sr there?’’-
terrupted | the’. sheriff's thoughts.
“Henry . speaking,” he’ said | as he {
picked up the receiver.
hay
’
Henry’s | feet, “which ' had een
cocked on his desk, hit the floor-with
a- clump at mention of the axe, el
ney, ” the caller announced. ;
we've got. a stolen truck on ‘our® case. He was) acutely eran: st
four miles south of nee It is that ant? bl Bc Hien toy pd Wee, pies, Tats ‘
_ on the floor of the cab. e-.
This is Sheriff Bryant - in’ Gaff * jv. be, -he ‘reasoned, _ there wi
“Seems” connection between it,and the
hands). .This morning my. officers. ’,
found a. truck abandoned on::
Spartanburg .- Charlotte highway,
Hughes”. home ‘was : only’.
‘‘niles or so from: the 'Petries’.
: {Nothing's : ‘happened ; ‘here.
of gas. A funny ) in
axe with blood ye haiy's Be! pa poe
know what to make ‘of :that.”*’We. . is the thesintinee?:
‘ 9f blood in the. hall.
6, a
aa age We ae re er ars ats
istant:
sty
checked the truck’s registration: andy. << page
; fount St"painnes to Jol. pire ori “Raps Pe
iNet
j vs as *
right now. If anything’s wrong,
he’ll know.” He hung up after
promising to call Bryant back.
“T’ll get out there right away,”
Chapman told Henry after hearing
of the call from Gaffney. “But if
their truck’s been stolen it must
have been late last night, ’cause I
saw Dad after dark and he made
no mention of it. Said he was going
to listen to Roosevelt. That axe
angle worries me.’
Henry replaced the receiver and
once again his thoughts strayed to
a possible connection between the
axe and the Petrie case. Well, in-
vestigation would tell, he consoled
himself. He tried to dismiss the
disturbing thoughts in his mind
but couldn't.
In a few minutes his phone rang
again. “Sheriff!” Chapman’s ex-
cited voice leaped over the wires.
“Get out here quick! An axe-mur-
derer’s loose!”
“What’s that?” Henry demanded,
scarcely able to believe his ears.
“Mrs. Hughes has been hacked to
death, and Mr. Hughes is wounded
bad,” Chapman bellowed.
“We're on our way!” Henry
asserted. Quickly he summoned
his officers and they dashed to the
Hughes’ home.
The officers who answered that
call will never forget the terrible
scene that confronted them upon
their arrival at the two-story frame
house. The house bore evidence of
a terrific struggle. In the living
room on the floor lay the body of
Mrs. Hughes, clad in night clothing.
‘ She was dead. No doubt of that.
Her face and head were battered
and bloody. The tip of her left
index finger had been chopped off.
Blood smeared the floor.
Chapman rushed to the sheriff's
side. “Dad was beaten the same
way,” he gasped. “Undoubtedly
with the axe found in the truck. He
was still breathing and we sent him
to the hospital.”
As the officers surrounded Chap-
man, he told them how he and
Patrolman Nick Carter had found
the bodies. They had forced. the
back screen door and entered after
repeated knocking failed to draw
an answer from within.
thing to meet their eyes was a pool
This had
seemed to point toward a bedroom.
Entering, they found Mr. Hughes,
only partly dressed, lying in a wel-
ter of blood, his head resting on a
chair cushion. His automatic shot-
The first
’ gun was on the bed. It had not been
fired. A shell had jammed the
chamber.
“I think maybe he was trying to
shoot his attacker when the gun
jammed,” Chapman surmised. “His
sont Ts OF es
head was
pointed t
An amt
and the
had died
without r
Corone
examinat
“Sheriff,
kind of
Maggie a
A sile
Everyone
thing: \
diabolica
killed the
“Anott
tinued, “
licks on t
were. W
torture,
kill, for
would hi
all prob:
truder d
Furthe
ises rev
evidence
two crim
a motiv:
Mrs. Hu;
and cha
of her p
drawer
could hi
searchin;
small : ti
$100 in
drawer |
bedroom
Nume
tered th
smeared
ing pare
the victi
on pillo
them th
grisly cx
’ Sherif
harsh.
maniaca
in Spart
doubt i:
respons}
who kill
of the c
neither
parently,
well uf
parative
lies. An
’ suburbs
At th
©)... Liz
here’s a
Seems |
_man’s
doesn’t
clothing
the kill
with th:
The ;
placed
ything’s wrong,
hung up after
ryant back.
re right away,”
ry after hearing
‘raffney. “But if
stolen it must
t night, ’cause I
-k and he made
aid he was going
‘velt. That axe
the receiver and
ughts strayed to
ion between the
case. Well, in-
tell, he consoled
to dismiss the
ts in his mind
s his phone rang
Chapman’s ex-
over the wires.
k! An axe-mur-
fenry demanded,
lieve his ears.
is been hacked to
ighes is wounded
llowed.
way!” Henry
y he summoned
ey dashed to the
o answered that
rget the terrible
nted them upon
‘ two-story frame
bore evidence of
In the living
lay the body of
in night clothing.
Jo doubt of that.
id were battered
tip of her left
oeen chopped off.
e floor.
d to the sheriff’s
beaten the same
\. “Undoubtedly
d in the truck. He
‘ and we sent him
surrounded Chap-
em how he and
Carter had found
, had forced. the
and entered after
g failed to draw
within. The first
ir eyes was a pool
hall. This had
oward a bedroom.
nund Mr. Hughes,
2d, lying in a wel-
head resting on a
is automatic shot-
d. It had not been
had jammed the
> he was trying to
er when the gun
an surmised. ‘His
_man’s coat. I’ve checked and it
We ONG ’ a ~
Hey kr sy Soke § ¢ Y
‘ id Fa 4D hls
“Ret ae
head was hacked just like hers.’’ He
pointed to the body of Mrs. Hughes.
An ambulance rolled into the yard
and the driver told them Hughes
had died on the way to the hospital
without regaining consciousness.
Coroner Pearson turned from his
examination of Mrs. Hughes’ body,
“Sheriff, her throat has the same
kind of marks that were left on
Maggie and Ida Petrie!”
A silence fell over the room.
Everyone was thinking the same
thing: Was the perpetrator of this
diabolical crime the same one .who
killed the Petries?
“Another thing,” the coroner con-
tinued, “she has been struck several
licks on the head, just as the Petries
were. Whoever did this wanted to
torture, apparently, as well as to
kill, for one good lick from an axe
would have meant instant death in
all probability. It seems the in-
truder didn’t want it that way!”
Further examination of the prem-
ises revealed additional shocking
evidence of similarities between the
two crimes! Robbery had not been
a motive here either, apparently.
Mrs. Hughes’ purse containing bills
and change lay untouched on top
of her personal clothes in a bureau
drawer where the marauder easily
could have seen it had he been
searching for valuables. And a
small: tin box containing around
$100 in currency was intact in the
drawer of a sewing machine in the
bedroom. ‘
Numerous burned matches lit-
tered the floor along with a blood-
smeared matchbox. Another strik-
ing parallel was that in both cases
the victims’ heads had been resting
on pillows. Had the murderer put
them there or was this merely a
grisly coincidence?
’ Sheriff Henry spoke, his voice
harsh. ‘Boys, I’m afraid there’s a
maniacal murderer on the rampage
in Spartanburg County! There’s no
doubt in my mind that the person
responsible for this is the same one
who killed the Petries! The pattern
of the crimes is almost identical. In ,'
neither case was money taken, ap-
parently. All of the victims were
well up in years and lived com-
paratively remote from other fami-
lies. And the crimes are in adjoining”
suburbs,” the sheriff finished grimly.
At this instant Chief of Detectives
O. L. Brady appeared. ‘Sheriff,
here’s a button I found on the floor.
Seems to have been pulled from a
doesn’t match any- on Mr. Hughes’ , :
clothing. I’ve,an:idea/it came from <1)
the killer’s coat while he grappled |
with these people!”
The sheriff took the button and
On entire
placed it (Continued on page 53)
his house
‘ Pe% : ' w and
oe er i Std ee a an elve horror.fifle
pan ae
ge see
“Then that
time late last
from Maggie,
Murphy, the latter a resident of the
community. j
Inside the house, officers sut-
veyed the dreadful scene. Henry “Okay, we've
stepped to Maggie’s side and placed hour fixed bu
a large but gentle hand on her thing on the
shoulder. ‘“Can’t you tell us more?” Let's scout ar
he pleaded. Officers ben
The gravely injured woman ing the roor
roused sufficiently to repeat what Little did any
she had told Pallman and added a these two mi
little more. “We had goné to bed . . . third were on
the man broke in the door and beat reign of horro
us. ‘I don’t remember anything else likes of which
until daylight came. Finally I was “There’s
able to get to the door and call for Brockman saic
help. . . .’ Exhausted, she fainted. where a butch
The officers looked at each other mate eg tee I
sak bi in amazement. i : in the lampli
ickering Slayer escaped, carrying with him bid day Seetice. Maoygret othe Lapa “Be uae
' truck in which the Snickering oy of the ill-fated Hughes family f Mage old o :
The Hughes used in diabolical butchering seeing someone coming in the night! _ Henry instruc
blood-stained axe Was it possible that the attack had officer. “May!
taken place the night before? prints.”
“Get her to the hospital quick!” Further e:
Henry ordered. ‘We'll talk to her ~ Premises reve
later.” : basin of wate)
Investigators turned to the bodies. evidence that
Columbus Petrie’s head had been tried to cleans
struck innumerable times with a | ing his butche:
sharp instrument that brought blood a $1 bill and
every time it landed. The same was hung in plair
true of Ida, and her throat bore thinkable in t
scores of small. bruises as if some- sider a robbe
one ‘had choked her. where such p:
‘“‘What murderous fiend did this?” __ the fact that
Henry asked, sick with horror. “And secure definit
what was his motive ? These people theory, the of
were practically penniless. And if Numerous |
they had any enemies, it’s news to tered the roc
me.” . nothing else
A mournful whine broke the officers establi:
ghostly silence of the murder room. demoniac per}
The officers turned about and their > tardly deed or
eyes focused on one of the two beds “We might
in the room from which the sound — bodies to the
body of J. L. Hughes was found. On the : priced a ae until nat unnoticed, ae Bis asciortae
§ the Hughes’ home where the body © iy Ge his life blood epbec: > og cowered. g
The bedroom ‘ d-stained cushion upon which his If that dog could talk, we’d prob- suggested afte!
floor is the bloo ably know the whole story,” Coro- [| and surroundi)
ner Pearson said grimly, then added, _ | produce a sin;
“Sheriff, the condition of these “We'll try te
bodies indicates the murderer tor- | again. If on)
tured these people before he killed ber—”
them. Just look at the number of
wounds. And I’d say that the death PARTANBL
instrument was sufficient to cause murder at
instant death had the killer wished. occurred Satur
See, some of the wounds are deep 14, 1942. The
and some are comparatively shal- | dered when it
low. Just like somebody had been | details in the
pecking at them and getting a little ~*~ would want t
more force in each blow.” He | those poor, he
pointed to the ugly, gaping cuts that | bery obviously
marked the scalps of the old pair. What, then, \
The officers stared in grim fasci- Purpose and w
nation. r a sadist who ex
“Another thing,” the coroner con-_ | joy from inflict
tinued, “there are bruises on Ida’s | dition of his ©
throat, but there are none on his.” | battered and
He pointed to the still form of | times when on
Columbus. “I’d say they’ve been | have killed inst
dead fifteen hours or perhaps a little 4 bea and sim
itchen window that the killer __ longer.” c through the mi
of the Hughes’ home. lt was through ne exe he used to chop his victims. a A
Back view
tered an pile at the right supp
enter _
eg Ree
nS * NOTE. HSE HS Ke
d left. The wood
he
BIMPSUN OWED HIM,
The latter, seeing there was a prospect of a
a@iMeulty, escaped from the groggery anid sought
aafety in a grocery atore some distance om, He
had not been ton there when Lucas Mscovercd
his whereabouls abd soon made his appearance,
and at once resumed the quarre) with horrible
oatha, the vilest epithets and threats of taking
Bim peon's lite. TLncars was accompanied by a party
of negroes, which mide him bolder and more de-
termined in bie menaces. At uns juncture the
proprietors of the store, fearing a row, remon-
strated with both partics, and, pot succceding jo
resturing barmony, had Lucas and his crowd |
ejected from the hourae by the police. Shortly
after thie Simpsou leit the etore, feeble and rtag-
gering from the continued influence of excitement
aod pine-top whiskey. He had just got fairly out
pon the sidewalk when he was violently assaulted
by Lacas, who all the time had been lying in walt
for him. A brief but desperate struggle ook
place, and some bystanders ran to the spot and
separated the combatants. Alas! it was too late
" to save poor Simpson. The infuriated black savage
bod
PLUNORD A BUTCHER & KNIFE
into the groin of his half-helpiess victim, severing
the femoral artery, and in a few moments after
deing removed into the store he died to death.
The aseascin then.tried to escape, but the officers
ef the law promptly arrested him, Before taking.
him to prison Tucas waa bronght into the room
where his victim lay, his itfe fast ebbing into
eternity, and as he looked upon his bloody and
Bendish work he fairly gioated and exulted over it
in a manner that shocked the spectators and made
them boil with Inlignation. He exprersed the
utmost and moat diaoolical satisfaction at the re-
-gait of hia murderoue deed, and swore the most
Diaephemous oatha that he would do it een and
that be hoped the then dead man was in hell.
MUCKPHY'S ASXASRINATION BY HARRIS,
The second murder war, if sible, still more
atrociona than the first. Pat Murphy, the victim,
was a gray-headed-old man of quiet and secluded
babitz, and had been for @ long time em-
ree by the Sorth Carolina Rafiroad Company
» attend the pumpa at Hampton station,
aix miles below Co!tumbla. Tetng by, nature &
man of econoimico! halnts, he wae reported to have
amaseed a Considerable amount of money, which
Wun Kupposed to be concealed in his litte cottage
Bear the station. In this cottage be hod lived his
retired Hfe for many vears, uotil on the ital 8un-
@ay morning before Cyriatmas be was found by |
gone railruad hands !
a OPRAD IN TIE, ROAD, eG
a few steps from the door of his humble Awelling.
Tin skull was brocen and crushed in and bie body
bore marks of heavy biowa, Near the ging d was
found a tarve hickory club, with which the blows
were doubtless tufictea, The marderera had evt-
éentiy met with no cowardly and willing victim,
for the read lood wie y'a hatchet and the
patches of his grav bairs found upan the floor
plainiy showed that the old man had made a brave
and detenuined tight, and that bis strucgies had
only ened with his life. The attack bad evi
Gent!y taken pluce ju the cottage, and the blood
found upon the steps proved that the brave old
man bad been dragye tl
1, WHILR RESISTING,
@at into the vird. His watch and ® email amount
Of money only were taken, as Murphy had not been
paid of for xome time. The pay train had passed
on the preceding evening, and no doubt this
nee led the murderesys to expect Is
ae Be peor old inan wis thas raotblessiy
prived of ile for the sake of a few dollars
Kuxpicion at once pointed to three negroes, Bull
Jenkins, Ruther Johnson aad Ned Harris, from their
Mirange comluct the night: preceding and the day
the murder waa discovered. Very soon fear
seen. cid to take posarssion of Rill Jenkins, and he
quiet net woeretly sought rafety in fight. His
ight only deepene tl the sarpicion against Johnacn
and Ned Hurrix..and they were grrested and -co
wicted by a chalp of circumstantial but ot
wha 4 she gah pee EVIDESCE |.
ary of thetr countryme
Jobnson were employed br OE hee ae \
wood to the rallroa! at Hampton station. Inthe
ewployment of Mr. Sims were also an old nezro
named Hope. and a young negro tad, and it was |
‘smpou the evidence of these tw that Johnson and
arris were couvicted., Ned Harris lived he
Columb and wan observed ty the wiete ta
spoken of aove in earnest conversation with Jen-
Kins and Johanson the evening before the ‘
The tree murdere old pai
the negro tad in the woods, and re ve
upon the ccmromsion of the terrmbie deed, which
me proceeded tu carry iat. apeedy execatioa_
FORD FATAL hin
converration Harts left, and Jeakise
Peep Hops aud the pegroisd all went to bed
shanty which they ip common Occupied, ~
arns came back to (fs city and was soon
f>ilowed by Johnson. As soon as it was discovered {
that Jenkine had gone Harris and Johnsen we
re
sears a Harris e the blood of his
ry vy Saying be hud had a fight ta Colambia,
a eevu'd not produce the name of his antago
pret of any person wto hvad seen btn after late’
rday atternooa. Juhnvon tried to prove an
<=.
tin by Baylag that bg speyt the might pt the house J
Lowey]
" Aseck Lowry “SumTer 50. CAROLINA | 6-S6-/8%b
ot ks = ee i.
MURDER | S-ISABT6 |
JOHN MURPHY W | Ax
” ROBBERY
Four Suceessive nights ehire his Wace Came. Excaurttered iehias as he Was
she ni ere hs ol
Coiting ouF SIG time. Braincd in Witt G1 AX and
tad hay bach tre Si i le Pc titled And forehed. He Wits
tuined tia by his 1wn mother aad Cutnfudlly Canfessed.
LAST WORDS
EXECUTION
SOURCE
The Lharleston News & Cnurier 6-17-1876 = 18
FRANK NEWTON OFFICE SUPPLY-DOTHAN
LUCA3, Bill, black, hanged
BLACK HORDERERS EXECUTED.
>
Two Atrocious Assasstas Hanged
at Columbia, 8. C,
cee i eee eaten meee ee
BILL LUCAS AND NED HARRIS.
i en
Rosie of Their Career and
+ Bloody Crimes. - .
ne meee ne care
Simpson and Murphy Butchered for
‘= Revenge and Plonder.
ne ee me eee Actes
Interviews with the Con-
demned.
Qe eee
BOENES BEFORE THE R GALLOWS.
Police and Military Called Upon
to Maintain Order.
ae he eee
THE ‘LEGAL TORTURE.
Oe ees is
The Culprits Strangled to Death After Ten
——
Minntes of Horrible Rtrogeling. :
Columolag. 3C 8-30-1872,
Cotvunra, &. . Auguet 30, 1872,
Contrary tothe yencral opinen expresacd here,
tae two murderers, BU Lucas and Ned Harris, suf.
fered the extreme penalty at this place to-day. It
fa truc thautto have commuted tne sentences of
these two men the Governor would have practically
tarped loose upon the community a brace of the
worst vililuns that ever cursed civilization. There
was not a redeeming circamstance in their favor,
pave that they were black; not an incident of their
@areer that could appeal to Executive clemency,
Bave that some of their fricnds might be deterred
from voting fur a persunal favorite of the Governor
fo a mere local election. Lucas, by bis violont and
bioodthirsty disposition, had succecded in gaining
for himself the upenviable cognomans of '‘dexpe-
rado, thiefand liar,” and he was generally éhunued
by the respectable portion of his own race. The
brief réxunv’ of their crimes ia as follows :—
THE LUCAS MURDER,
The victim of whose foul marder he is gullty was
amtrople laborer pamed John Aimpson, an employé.
@fthe Charlotte, Columbia and Augusgs Ralirvad
Company, 80 inoficnelve and harmics# as to com-
mand the respect abd esteem of all bia neighbors.
On the night of the 11th of April last Simpson was
@rimking at one of the many small romsbops pear
the depot of the railroad in whose employment he
waa, and unfortnnately Pf pee etcdlahactil
intoxicated. It was Saturday night, e
men generally enjoy themacives after their week's
tol before going home to their famliles. Lucas,
, Was excited by the vile, poisonous fuid, but
was not drunk. About ten o'clock the mardcrer
and his victim met io the groggery, and a quarrel
took place, which: was provoked allogether by
Locas, about an insignificant quantity of powder
and shot which Lucas claimed ~
<>
till to-day, because two pmportaat political com-
ventions, In which the care h majorities,
were about to be held, and 1¢ was known that ths
effect of the execution of one of the 1 would
have been disastrous te ail candida whose
oficial position coukt possibly have pre it.
The conventions over, however, it became & 8 70t)
fact then im the ininds of the darkies that the two
crimipala would suffer the extreme penalty of the
jaw. AsT beard one remark, “Dares nochence for
Bill Lucas und Ned Harris now, cane de Gubner and
- Sheriff Frasee were not nominated again, apd dey
hain't got uo more usec fora sigger how den a |
hal for a dog.” . Every attempt to evoke Execntiv
clemency a second time having faiied, I ee the
two con iemned men tn their cella yesterday! even-
ing ia company with Chief of Police Jackson, Lacas
was sitting tallortike In the Centre of his cel,
UKAVILY IKOXED A¥D CHAINED
to the floor, this precaution bejng vecessary owing
to Iria desperate character. He was nearly six feet
high, powerfully butlt, thirty-five years of age, with.
a physical and muscular development that told of
idarane atreneth. The contour of his head showed
@ genuine African, the forehead retreating, the
hair and FS haat: kinky and bushy, the nose wide,
though not flat, and the Itpa thick; but there was
in the expression of his features a singular com-
pe: ay Of savage ferocity and semi-civilized vil-
ny. :
CORRESPONDENT—Tlow are you, Lucas ?
Lecas—I'm well, sah.
_ CORREXPONDENT—Are you prepared to meet your
fate to-morrow ? .
, Lvcas—Well, dat’s sobody’s business but mine.
* “ConKEsPONDENT—H pw old are you, Bul ?
Lrcas—I dunno, ead, and not knowing woulda’t
like tornay. . ‘
CORRESPONDENT—You acktowledge your sen-
tence was just ?
Lvcas—No, sah! I don’t.
CORKESPONDENT—Why don't you ?
Lucas—Because I am Diack, If I was white I
wouldn't be here. . 7
CORRESPUNDEAT—Fat you have a republican
Sheriff and republican court officers; you certainly
have had a tafr chance ? wo
LUcAs—No, sah! Dey are republicans .for as
much ns dey can put in dere pockets, and da
about all; .
teed BUT DERE’A XO SUATICE ;
for de enlind man. :
CORRESPONDENT—You will certainly admit you
Killed Simpson Pr ;
Lucas—Yea, sah; bat I bad occasion; and if you
had been in my place you would have done the
same. j
Lucas langhed, or rather worked his features
into a hideous, sardonic grin, and rocked himself
~
to and fro with a savage alr of dctiance as he spoke..
When sentenced he curacd the Judge in tue court
room, and said, “Why in the heli don’t you hang
me next rhe , instead of waiting eo long f’ und
be still tained this bravado demeanor to the
leat.
a _ NED TARRI, “a
the murderer of Pat Murphy, | found in the paraage
outaide of his cell, He is the very apposite of
Lucas In appearance, being Jow in stature, stont
but fcevle in strength; meck in his manners aud
addreas, but with an expression of features repul-
sive inthe extreme, . ‘
ae ee you prepared to mect your
a ; : ¢
Nep—Well, "ne doing best I can.
CoxgerxronnentT—is your sentence just? ,
Nrv—No, sali! It ts not : t
. CORKRESPONDENT—Why not? :
Nep—Because J] was six miles from de place
whar de man was killed and when it happened.
COKRRFSTONDENT—Why «id you not prove that?
- NED—They would not let mo; a nigger has no
show in the Courts.
CokiitsroxDkyT—Do you’ know who Killed
Murphy?
Nev—No, sah! I don’t know who killed him, sor
I never seed bim in my life.
Towards the close of oar brief conversation Ned
became somewhat excited, and his otherwise dull
eye flashed wildly as he pondered over his case and
ce terrible injustice which be alleges has been
‘done im. k
BOTH OF THESE MEN
are known to be atrocious murderers, Lucas ad- |
wilting that he killed two men in the same manner
: t they, clalm-that.
justice hes not. been done them ase they are
negrocs. Their idea of justice is that, having the
control of the State government and the Courts,
they should be allowed to commit crime with im-
punity, and, indeed, thin idea has been greatly
strengthened and encouraged by the partial course
of justice and the almost u ted exercise of the
pardoning power.
The scaffold was erected in the jail yard, and was
exposed to the public view. It was barbaronusly
feat and trim, and of such limited es. qth as
to ensure successful stranguietion. 0 uprighta,
eight feet apart,on which rest a croes. beam only
twelve feet high, and a double frap which parted in |
the centre and tah, he the'right and left, com-
leted the structure, is drop or trap wus not six
eet high, and therefore removed all apprehensions
ifany were indulge.tin ofa broken heck, Strangu-
lation of criminals for capi:ai offences seems to be
the system in the South, and they always succeed.
All the Vs °
So
:
|
i ca nat
La tektineahacrinaaiansenens tore a
192 SOUTH EASTERN REPORTER
270.— «S.C.
unishable at all. And I so charged the course, try always to confine Lage oe
) SNe ali. s ; : as : st. ;
‘ae in the last proposition, if the man was the evidence — in the ware — gid
a i i i a e repeatedly he
inse y shable in any difficult, as heretotore I
oe , this court, to draw the line between proper
”
degree. { : ;
te roper argument.
The exceptions raising this issue are over- and improy g ae
led “Tt is most certainly proper, especially
ruicd.
criminal cases, that counsel, in address-
ing the jury, should keep themselves strict-
ly within the record. This rule is essential,
and must be enforced; but from the very
nature of the case some latitude in argument
[6] Finally, it is contended that the ap-
pellant’s motion for a new trial should pave
been granted because the solicitor is allege
to have stated in his closing argument to the
pary net defendant were not conte must necessarily be allowed. It is often mat-
ed of murder, he woule Pe oe 4 eee ter of difficulty to draw the line sharply be-
Hoses ha ~ ee tek qs tween legitimate oan eer ee.
phere abrared reer : ized statement,—between what is a
pine rc Curing ‘the observation period ae sack allowable; and, as this pertains to the
fall, and find the defendant sane; and —n conduct of the cause, it must, to a ieee ex:
stated that the defendant = — ietgt + tent, be left to the wise discretion of the
bring a habeas corpus proceeding ane 8 circuit judge. We could not affirm that “e
released, and be out on society 25008 omission of the circuit judge to restrain the
The portion of the solicitor’s argument tO golicitor in his argument was such error of
the jury above referred to was not taken Jaw upon his part as to authorize this c re
down at the time the words are alleged to to set aside the verdict on that ground,
have been uttered, but forms a part of the State v, Robertson, 26 S.C. 117, 1 S.E. 443.
saan third ne ee while In the foregoing case the solicitor, it was
moved for a new trial.
ma kin his ar men t t t alle ed in his at ument, W ent ou f
oti rrup ed by := ’ g ’ : tside oO the
: g gu t was n nte : .
appellant Ss counsel. Therefor e, evel if y SI e to v rge up on
: i time
th marks which are challenged were ns eh om wg Se Pe eniiad a8
nese re ; a of the alleged felony,
improper and objectionable, the solicitor had assault and battery on a woman, and was
no" opportunity of withdrawing them of dodging around evading arrest at the time
making any explanation thereabout. It was of the alicged felony.
developed in the oral argument before this ae
court that counsel for the appellant, desir- [10,11] In State v. Duncan 6
ing to make an objection during the solicit- 370, 68 S.E. 684, 685, piers a ve
or’s closing address to the jury with re- Mr. Justice Hydrick, _spea ing ates
spect to the quoted remarks, went to the court, had this to say: It is argue Seps
bench and expressed this objection to the js impossible to say when and to aa at .
trial judge. Error is assigned because the tent the case of a litigant 4s ee Heed Hy
trial judge allowed the solicitor to go out- the unauthorized statements 0 sonal
side of the record, to the prejudice of the But it certainly will not do to say ie
defendant. every departure pe apis t Are
In his brief, the solicitor states that while dict of the yaty igi see ee?
counsel for the appellant did not follow the record shows on n ek ee
proper procedure, as outlined in State ¥ Pov evidence, we are safe in concluding
smi 5 S.C. 215, 163 S.E. ; State v. , g
Se 16) S.C. 111, 158 S.E. 151, he does that no harm apes ane as
not wish to take advantage of their failure sxamingeee shinier sar
to follow the correct procedure, nor raise tion of all t some raat ~ are "
any question thereabout in connection with and average inte pi “ (apa
this 2 ‘al, and requests that this question purpose to the jury, ead aca rie
a ieitled upon 3 ord In view of the that the result was probably a ected, then,
ne euer Pate as fully concurs we think, a fair and impartial administra-
aed ities a tion of the law demands a new trial.” Also
—e sce State v. Williamson, 65 S.C. 242, 248,
[7-9] The rule that it is pipe dks 43 S.E. 671.
of the prosecuting attorney to trea - : ; ae.
shen ina fair and impartial parecer aR: ee ding jena eae
i i j orney say, : _Tecore
ge i ras eae should, of in this case, that it shows that the trial jury
= .
[call ea ie Sige
STATE vy.
could have found no other verdict upon any
reasonable view of the evidence.
Shortly after the homicide, the defendant
was committed to the State Hospital for
observation, under order of the court,
which was consented to by the solicitor.
He remained there for a period of thirty-
seven days, after which he was returned to
the county jail at Winnsboro. Three
doctors from the State Hospital testified at
his trial. They stated that in their opin-
ion the defendant was sane; that his al-
leged insanity was a pose, pretensive, and
feigned.
While he was in the county jail, Dr.
Buchanan, who had known him for five
or six years, had him under observation,
upon request of his family. Dr. Buchanan,
whose testimony is referred to by the trial
judge, was summoned by the state, and
gave his unqualified opinion that the
defendant was sane, and that his insanity
was counterfeit.
Dr. Buchanan, during the five or six
years preceding the homicide, had seen the
defendant often, and had attended him and
his family professionally. He stated that
in the last conversation he had with the
defendant in ihe jail, prior to the trial, he
told the defendant that he was “putting
on.” That the defendant thereupon “broke
down,” “quit zll this foolishness,” “talked
to me in a sensible manner,” and said that
“he killed this little boy because he
listened to a lot of damn lies.”
The issue of insanity was thoroughly
tested in the trial, and the jury adopted
the view of the state.
But aside from this, we think that the
argument to which objection has been
taken, was relevant, and that the inferences
and conclusions drawn by the solicitor,
reasonably and legitimately arose out of
the evidence on the whole case.
We find no prejudicial error in the re-
fusal of the trial judge to grant a new trial
on this ground.
[14,15] We have discussed all of the
questions upon which this appeal is based.
However, in the oral argument of the case
before this court, counsel for the appellant
called our attention to the fact that the
record showed that the state, in the process
of drawing the trial jury, had exercised
six challenges instead of five. They made
no motion with respect to the matter, but
merely called the situation, as it appeared
McDONALD S.C. 3T1
192 S.E.
of
in the record, to the attention of the court.
On the court’s own motion, counsel for
the appellant and the prosecuting attorney
were requested to furnish the court with
affidavits with reference to the correctness
of the record. Thereafter affidavits were
submitted, from the official stenographer,
from Mr. Walter W. Lewis, clerk of the
court of Fairfield county, Chalmers Ten-
nent, a juror, Solicitor Finley, and by coun-
sel for the appellant.
It is perfectly apparent from these af-
fidavits that the stenographer was in error
when he made the notation that the juror
Chalmers Tennent (the nineteenth juror
called) was excused by the state. It is
obvious that this juror was objected to by
the defense, and excused from service.
The record contains this agreed statement:
“The nineteenth juror drawn was Chalmers
Tennent, who was put on his voir dire.
The Court refused to stand this juror
aside and the defense was again forced to
use a challenge to dispose of this juror.”
In their affidavit, counsel for the appellant
state that they have no independent recol-
lection of the question under discussion,
and prefer to stand by and rely upon the
official record.
The affidavit of Mr. Lewis, the clerk of
the court, whose duty it was under the law
to make a written record of the challenges
made by the state and by the defense, and
who was present at the trial and in charge
of the drawing of the petit jury in this
case, indubitably shows that there was no
departure from the law. The state exer-
cised the five peremptory challenges al-
lowed it by law, and the defense exercised
the ten peremptory challenges allowed by
law. The names of the jurors so chal-
lenged are set down in the official rec-
ord kept by the clerk, and their names
are given in his affidavit. This affidavit
likewise contains the names of the twelve
jurors who sat upon the trial of the case.
Upon a reading and consideration of
these affidavits, we have no hesitation in
reaching the definite conclusion that no
irregularity or illegality existed in the
drawing of the petit jury in this case.
If the court entertained the slightest doubt
with reference to this question, the de-
fendant would be given the benefit of that
doubt. This question arising, as it did,
during the oral argument of the appeal be-
fore us, merely emphasized the duty, which
always presses upon this court, to seck for
272 Ga.
any error which may have been prejudicial
to a defendant when the issue is life or
death.
No errors of law exist in the record, and
the jury by their verdict settled the facts.
All exceptions are overruled.
It is the judgment of this court that the
judgment of the circuit court be affirmed.
STABLER, C. J., and BONHAM and
BAKER, JJ., concur. .
CARTER, J., did not participate.
RIEVES v. SMITH.
SMITH v. RIEVES.
Nos. 11668, 11727.
Supreme Court of Georgia.
July 22, 1937.
1. Specific performance 86
A definite parol contract to adopt child,
if based upon sufficient legal consideration
and supported by satisfactory proof, may
be enforeed in equity with respect to child’s
claim as adopted child and heir at law
against adopting parent’s estate.
2. Specific performance €>114(2)
A petition against executor by one
claiming residuary estate as testator’s vir-
tually adopted child and heir at law, which
sufficiently set forth testator’s oral con-
tract to adopt child, with legal considera-
tion fully executed and performed, and re-
peated recognition of contract by testator
and plaintiff, was good as against special
demurrer, irrespective of whether petition
alleged value of services which plaintiff
agreed to perform with particularity.
3. Pleading €=64(2)
In action against executor by one claim-
ing as testator’s virtually adopted child, a
count in petition which alleged contract
with child whereby testator agreed to adopt
plaintiff in consideration of plaintiff's serv-
ices, and also alleged subsequent agreement
whereby plaintiff agreed to abandon per-
sonal injury claim against testator in con-
sideration of testator’s recognizing plaintiff
as adopted child, was properly stricken as
*
192 SOUTH EASTERN REPORTER
multifarious, since such contracts were sep-
arate and independent and should have been
embodied in separate counts.
4. Evidence €=375
In action to enforce contract of virtual
adoption allegedly made between adopting
parent and child’s mother, a contract of ap-
prenticeship between adopting parent and
mother which purported to be witnessed and
recorded as required by statute was prop-
erly admitted as against contention that
execution was not sufliciently proved when
all parties thereto were dead and their sig-
natures were proved, irrespective of whether
there was sufficient compliance with rule
admitting writings without proof (Code
1933, §§ 29-112, 38-312, 38-707, 66-201).
5. Estoppel €=83(1)
Under doctrine of estoppel in pais, mak-
er of representation must make it good to
one who deals upon the faith thereof, if
maker knew, or was bound to know, that
representation was false and thereby re-
ceived benefit or caused detriment to the
other (Code 1933, § 38-114).
6. Estoppel €83(1)
The operation of estoppel is not direct,
so as to create new right in party receiving
benefit of estoppel, but indirect and negative
against party estopped, precluding him and
his privies from denying truth of statement
or basing defense on its untruth (Code 1938,
§ 38-114).
7. Estoppel €=83(5) :
One may be estopped from questioning
the existence or effect of a contract, the
existence of which he has asserted to anoth-
er party, to his own benefit or to injury of
such other party (Code 1933, § 38-114).
8. Estoppel C113
The rule that estoppel must be plead-
ed in order to be relied on is inapplicable
where plaintiff relies upon estoppel to de-
feat a defense raised in defendant’s answeT,
since filing replication is unnecessary (Code
1933, § 38-114).
9. Estoppel C112
Though generally estoppel must be
pleaded in order to be relied on, if elements
and facts constituting estoppel are set out
it ig not necessary that pleader use the word
“estoppel” (Code 1933, § 38-114).
10. Specific performance > 123
In action against executor by one claim-
ing residuary estate as virtually adopted
4
RIEVES v. SMITH Ga. aia
192 S.E.
child, whether executor was estopped from
asserting fact that contract between plain-
tiffs mother and testator was in writing
end merely one of apprenticeship was for
jury, under pleading and evidence that tes-
tator orally contracted with plaintiff's moth-
er to adopt plaintiff, that testator told plain-
tiff that plaintiff had been adopted and
would get testator’s property, and that, in
reliance on such statements, plaintiff per-
formed services for te~tator, and hence in-
struction charging that written contract of
apprenticeship would control was _ errone-
ous.
il. Statutes €=224
The statute dealing with election in
equity and election under wills must be con-
strued together and considered in light of
court’s decisions and equitable rules (Code
1933, §§ 37-501, 37-502, 113-819).
12. Wills €=778
For a legatee to be required to elect
between taking under will and taking con-
trary thereto, the validity and inconsisten-
cy of gifts or remedies involved must be es-
tablished (Code 1933, §§ 87-501, 87-502, 113-
819).
13. Wills @°787
A virtually adopted child was not re-
quired to elect between claiming specific leg-
acy of land under adopting father’s will and
attacking as heir at law a residuary devise
of property for educational purposes (Code
1933, §§ 87-501, 37-502, 113-107, 113-819).
14. Wills €=790
Where beneficiary of specific legacy also
claimed property included in residuary de-
vise for educational purposes, on ground
that such beneficiary was virtually adopted
child of testator and that hence such resid-
uary devise was invalid, beneficiary would
not be required to elect between taking un-
der will and contrary to will before validity
of residuary devise was determined (Code
1933, §§ 87-501, 87-502, 113-107, 113-819).
Syllabus by the Court.
1. A definite contract in parol to adopt
as a child another person, if based upon a
sufficient legal consideration, and if sup-
Ported by satisfactory proof, may be enforc-
ed in equity with respect to his claim as
such child and heir at law against the es-
tate of such an adopting parent.
2. The first count of the petition sought
to claim the residuary estate of a testator,
under an alleged contract made by the plain-
tiff's mother during his minority, by which
the testator was to adopt the plaintiff and
to see that the plaintiff received all of the
property of the decedent at his death, and
also under averments that the plaintiff aft-
er his majority rendered services to the
decedent, which were accepted, aiding the
decedent in the management of his prop-
erties and in his medical practice, and wait-
ing upon and earing for him and his wife,
“on the repeated representations and _ state-
ments [of the decedent] to [the plaintiff]
that [the plaintiff] was his sole heir, and
as such heir would inherit the estate of
the deceased at his death,” and “believing
all the time the statements repeatedly made
by the said deceased and his said wife that
petitioner was his son and his sole heir at
law, and as such, would inherit his es-
tate.” The second count of the petition set
up both the alleged oral contract between
the mother and the decedent and the trans-
action between the plaintiff after majority
and the decedent, as embodied in the first
count, and also still another contract be-
tween the decedent and the plaintiff after
majority, in which the decedent stated to
the plaintiff that the plaintiff was his child,
that he was going to see that the plaintiff
got all of his property at his death, as he
had previously agreed to do, and the dece-
dent agreed that all of his property would
go to the plaintiff at the death of the dece-
dent, in consideration of plaintiff's services,
and for the additional consideration that
the plaintiff would and did compromise and
settle his claim for personal injuries on
account of an alleged tort by the decedent.
The first count was not demurred to on the
ground of being multifarious. The second
count being thus demurred to, the court did
not err in striking it on that ground, after
opportunity being first given the plaintiff to
amend.
3. In the trial on the first count, the
court did not err, over the objection that
there was no suflicient proof of execution,
in admitting the written contract made by
_the plaintiff’s mother with the decedent and
his wife, relative to the plaintiff during
minority.
4. Such written contract of the mother
being plainly one of iticeship, and
wholly excluding any se or intent
thereby to enter upom
tion, the plaintiff woul
tled to recover on the fi
pleaded oral contract of
the decedent and thesplai
ract of adop-
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416 114 SOUTHEASTERN REPORTER (S. C.
(4] IV. The last assignment of error is
that his honor charged as to conspiracy.
There is no error here. The case of State v.
Jenkins, 14 Rich. 225-227, 94 Am. Dee. 152,
fully covers the case. At page 226, of 14
Rich. (94 Am. Dec. 152) we find:
“Jt is only necessary to state those facts
which are in law essential to constitute the
particular offense charged, as in this case, such
as are legally essential to the crime of mur-
der. The fact that the killing occurred in the
prosecution of a riot in which the prisoner
was a party, although, where the mortal injury
was not, or is not proved to have been, in-
flicted directly by himself, very necessary to
be proved in order to evince his guilty concur-
rence in the act, is not of the essence of the
crime, and, therefore, need not be stated in
the indictment. All who are present concur-
ring in a murder are principals therein, and
the death, and the act which caused it, is, in
Jaw, the act of each and of all. There is no
distinction in the regard of the law, in the de-
grees of their guilt, or the measure of their
punishment, or the nature of their offense,
founded upon the nearness or remoteness of
their personal agency respectively. An indict-
ment charging it as the act of a particular in-
dividual of the party will be well sustained by
evidence that any other of them gave the fatal
stroke, or that it was given by some one of
them, though it does not appear by which.”
The defendants were charged with murder.
The charge as to conspiracy simply stated
the law as to the liability of one for the acts
of the other, if the act was done by mutual
agreement or conspiracy.
The judgment is aflirmed, and the appeal
dismissed, and the case is remanded to the
court of general sessions for Richland coun-
ty for the purpose of fixing a new day for
carrying into effect the sentence of the court.
GARY, C. J., and WATTS, COTHRAN, and
MARION, JJ., concur.
SSCS
(121 $. C. 447)
TOWILL v. SOUTHERN RY. CO. et al.
(No, 11022.
(Supreme Court of South Carolina. Oct. 4,
1922.)
{. Removal of causes o=236—Fraudulent Join-
der of resident defendant does not prevent re-
moval by nonresident to federal court.
In an action against a nonresident, the right
of such defendant under Judicial Code, § 28
(U. S. Comp. St. § 1010) to remove the action
to the federal District Court cannot be defeat-
ed by the fraudulent joinder of a resident de-
fendant having no real connection.
2. Removal of causes €=>86(2)—Petition for
removal may show fraudulent joindor of resi-
dent dofendant to prevent removal.
In a joint action against a resident and non-
resident defendant, the joinder of the resident
defendant, although fair upon its face may be
shown by a petition for removal to be only a
sham or fraudulent device to prevent removal.
but such showing must consist of a statement
of facts rightly leading to that conclusion apart
from the pleader’s deductions.
3. Removal of causes €=—86(9), 89(2)—Petl-
tions for removal must be verified and accept-
ed by the court as true.
Petitions for removal of a cause to the fed-
eral court must be verified under Judicial Code,
§ 29 (U. S. Comp. St. § 1011), and its state-
ments taken by the court as true.
4. Removal of causes ¢=>107 (4)—Issue may be
taken with statements of petition; deter-
minable by federal court.
Where removal to federal court has been
effected, plaintiff may, by motion to remand,
plea, or answer take issue with the statements
in the petition, and, if he does, such issues must
be heard and determined by tbe federal District
Court. a
5. Removal of causes 6=>107(4) — Petitioner
for removal has burden of proving contro-
verted statements of petition.
Where issues have been taken in the fed-
eral District Court to statements in the peti-
tion for removal, the petitioning defendant
must take and carry the burden of proof; he
being the actor in the removal proceeding.
6. Removal of causes O=289(1)—Removal ef-
fected by filing petition in federal court,
though state court refuses to order removal.
If the state court refuses to make order of
removal upon proper showing, the defendant
may nevertheless, within the prescribed time,
enter a copy of the record as it stood on the
filing of the petition in the proper federal court,
and have the cause docketed there, and there-
upon such latter court is required to proceed in
the exercise of the jurisdiction lost by the state
court upon the filing of the petition and bond.
7. Removal of causes 6—=89(2)—State court's
sole duty to determine if removable cause is
disclosed by petition assuming it is true.
In proceedings to remove a cause to the
federal court, the sole issue for determination
by the state court is a question of law whether,
assuming the facts stated in the petition to be
true, the record discloses a removable cause.
8. Removal of causes o=—36—Motive In Joining
resident defendant immaterial if thero is
proper foundation for it.
If proper foundation exists for the joinder
of a resident defendant which would prevent
removal to federal court, the motive of the
plaintiff in such joinder is immaterial.
9, Removal of causes o==86(1)—Averments of
petition must be more than traverse of com-
plaint.
Averments of a petition for removal of &
cause to federal court must be more than &
mere traverse of the allegations of the com-
plaint. é
¢=>For other cases see same topic and KEY-NUMBER ia all Key-Numbered Digests and Indexes
8. CG.) TOWILG v. SOUTHERN RY. CO. 417
(114 S.E.)
10. Removal of causes 6==86(2)—Averments
of petition that joinder of resident defendant
was fraudulent must be treated as legal de-
ductions of pleader.
In an appeal from an order granting remoy-
al of a cause to federal court, the statements
in the petition, averring that the joinder was
sham, pretensive, and fraudulent, must be re-
garded merely as the pleader’s deductions or
legal conclusions from the facts.
11. Removal of causes €=—36—Rule for deter-
mining when there is a fraudulent joinder of
defendants stated; legal liability not test.
The correct test in determining whether a
resident railroad conductor had been fraudu-
lently joined in a suit against the railroad to
prevent 2 removal to the federal court is wheth-
er the facts alleged in the petition for removal,
if true, establish that such resident conductor
defendant had no such participation in any of
the alleged wrongful conduct charged against
the joint defendants as would afford a reasona-
ble basis of fact for connecting him in good
faith with the injury as a tort-feasor, and the
mere absence of legal liability on the part of
such defendant is no test.
12. Removal of causes C= 86 (2) —Allegations
held insufficient, showing that conductor of
train was not joined defendant in good faith.
Allegations in a petition for removal of a
cause to federal court that one injured by a
train was attempting to board it from the
wrong side, out of sight of the conductor, and
where he was not invited or expected to enter,
though tending to establish that neither con-
ductor nor railroad were legally liable, do not
so discounect the conductor of the train from
participation in the alleged wrong as to pre-
clude his joinder in good faith as a party de-
fendant in an action for damages.
Appeal from Common Pleas Cireuit Court
of Lexington County; J. W. De Vore, Judge.
Action by Daisy Pearce Towill, as admin-
istratrix of the estate of John Bell Towill,
deccased, against the Southern Railway Com-
pany. a corporation, and another. From an
order of the cireuit court granting a petition
for removal to the United States District
Court, plaintiff appeals. Reversed.
The following are the here essential allega-
tions of the complaint, referred to in the
ease:
(4) That, on information and belief, plain-
tiffs intestate, on or about the Sth day of
April, 1921, in the evening, went to the station
of the defendant Southern Railway Company,
in the town of Batesburg aforesaid, with the
purpose of becoming a passenger upon the de-
fendant Southern Railway Company's passenger
train aforesaid, and in pursuance of said pur-
pose purchased a ticket of the defendant com-
proy's ticket agent at its station in the town of
Latesburg aforesaid for transportation over its
anid line’ of railroad as a passenger.on its said
passenger train from the town of Batesburg to
the town of Johnston in said state, paying for
the same the regular price therefor, and there-
—
by then and there became a passenger upon the
premises of the defendant Southern Railway
Company.
(5) That, on information and belief, while
plaintiff's intestate was in the act of boarding
the defendant’s said passenger train as a. pas-
senger thereon at the said station of Batesburg
he was thrown and precipitated upon the ground
and railway track of the defendant Southern
Railway Compauy and the wheels of the cars of
said train passed over the lower extremities of
plaintiff's jatestate’s legs, and crushed, bruised,
and mangled the same and severed the feet
therefrom, and as a result of the injuries so
received plaintiff's intestate died about 10 hours
thereafter. j
(G) That, on information and belief, the in-
juries and death of plaintiff's intestate was
caused by the joint and concurrent negligent,
reckless, wanton, and willful acts and conduct
of the defendants in the following particulars,
to wit: (a) In causing the passenger train
that plaintiff's intestate was attempting to
board as a passenger to move suddenly forward
without notice or warning, and with a sud-
den jerk on lurch; (b) In causing the said pas-
senger train to move forward without giving the
signals required by law; (ec) in failing to fur-
nish reasonable accommodations for the con-
venience and safety of passengers boarding and
alighting from said train as required by law;
(d) in failing to keep the right of way adjacent
to the railway track, at and near the said sta-
tion of Batesburg where passengers get on and
off of passenger trains, in a good and safe con-
dition and free from hinderances and obstruc-
tiovg to the free and safe passage of passengers
using the same for the purpose of getting on
and off the passenger trains of the defendants,
and in leaving dangerous obstructions on the
right of way at and near the point where plain-
tiff's intestate was in the act of boarding said
train; (e) in failing to provide sufficient lights
at; said station of Batesburg so as to enable
passengers to safely get on and off of passenger
trains thereat; (f) in failing to keep a proper
lookout for the safety of passengers getting on
and off of its said trains at said station; (g)
in failing to use due and proper care and cau-
tion for the safety of passengers getting on
and off of the passenger trains at said station;
and (h) in failing to use any care or eaution
whatsoever for the safety of passengers, and
in the managemene, control, and movement of
the said train at said station—all of which was
in utter disregard of the rights of plaintiff's
intestate.
(7) That by reason of the aforesaid negli-
gent, reckless, willful, and wanton acts and con-
duet of the defendants in causing the death of
plaintiff's intestate and as a direct result there-
of, his widow, Daisy Pearce Towill, and his
four minor children of tender years, John Bell
Towill, Jr.. Daisy Pearce Towill, Richard To-
will, and Angeline Towill, have been deprived
of the aid, maintenance, comfort, society, coun-
cil, advice, and education of plaintiff's intestate,
the husband and the father, for whose benefit
this action is brought pursuant to the statute
in such case made and provided, to their dam-
age in the sum of $100,000.
The petition for removal is as follows:
114 8.6.—2T
€=>For other cases see same topic and KEY-N UM2ER in all Key-Numbered Digests and Indexes
ne necpaaaa
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aimee
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et em eam -
PPLE a vod dess |
414 114 SOUTHEASTERN REPORTER (S. O.
Wigmore on Evidence, § 2443. Concededly,
however, the correct application of that rule
to the facts of a given case is rarely free
from difliculty.
[5] The contention in the case at bar is
that there was a failure of consideration, in
that the plaintiffs, the payees, of the note,
breached two conditions of a contemporane-
ous verbal agreement, to wit: (1) That they
would hold the note as security to the mak-
er’s open account; and (2) that they would
use the note merely to borrow upon, and not
to sue upon:
As to the alleged promise to hold the note
as security to the open account, even if proof
of noncompliance with such a condition were
admissible, we agree with the view of the
circuit judge that there was no evidence
tending to show breach of any such condi-
tion. An agreement to hold a note, one sim-
ple contract, as “security” for a debt due on
another. simple contract, an open account,
could mean nothing more than that the right
of action on the nccount to the amount of the
note would be postponed or suspended during
the period of time the note, was to run; and
that the note should not be applied as a pay-
ment of or credit on the account. : But in that
ease, after maturity of the note, it was op-
tional with the plaintiff whether he would
resort to the original cause of action upon
the account or sue upon the note. Costelo v.
Cave, 2 Hill, 528, 27 Am. Dec. 40+. Since en-
forcement of the right of action upon the
note after maturity was entirely consistent
with the alleged promise to hold the note as
security to the past-due account, there was
no evidence tending to show that the note
was not held as security to the account as
agreed.
[6,7] As to the sccond condition of the al-
leged verbal agreement—that the note should
be used by the payee merely for purposes of
borrowing, and should not be sued upon—we
are of the opinion that, under the facts of
this case proof of such an agreement falls
clearly within the inhibition of the parol
evidence rule. If the note, as conceded, was
intended to “secure” the debt admittedly due
upon the open account, it was supported by
the valuable consideration of a pre-existing
debt. See sections 24 and 25 of the Negotia-
ble Instruments Act (28 Stat. p. 673). The
validity of the debt the note was given to
“secure” was not in question, Although the
law recognizes that parties may legitimately
entploy a negotiable instrument for the sake
of one or more of its special attributes while
discarding others, the extent to which an ex-
trinsic agreement of that kind may be made
effective is generally linrited to alteration or
abrogation as between the parties of the im-
plied conditions—that is, the conditions an-
nexed by Jaw to a negotiable instrument, such
as the rules of presentment and demand, of
acceptance and dishonor, of transfer of title
and secondary liability, ete., Wigmore on Evi-
dence, § 2443. But an extrinsic oral agree-
ment which directly affects the contract in
writing as to the matters expressly dealt with
in the instrument itself is ineffective. Thus
an extrinsic agreement relating to mode of
payment (Am. Fertilizing Co. v. Sims, 90 8. C.
541, 73 S. B. 1086; Cline v. Oil Mill, 83 S.
C. 204, 65 S. EB. 272; McClanaghan v. Ilines,
2 Strob. 122), as to amount of payment (As-
bill Motor Co. v. Chaplin [S. C.] 112 S. EB.
921), as to time of payment (Lewis v. Wil-
son, 108 S. C. 47, 93 S. EB. 242), must be, by
the foregoing test, ineffective, since the par-
ties have expressly dealt with those nratters
in the instrument. Likewise, as pointed out
by Dr. Wigmore (section 2444, Wigmore on
Evidence), “an agreement not to enforce or
sue upon the instrument at all must be equal-
ly ineffective.” In the case of McGrath v.
Barnes, 13 S. C. 828, 36 Am. Rep. 687, the
parol evidence offered “tended to show that
the partics had agreed at the time of the
making of the note, that if the demand for
which the note was given, was rejected by
the ordinary, the note should not be paid.”
This court held that the evidence was “an
attempt to show that a different agreement
was made than that which is expressed in
the note, and one that would place the claim
on a different footing fronr that on which the
law placed it,” and hence that “the evidence
was improperly received.” In Arthur v.
Brown, 91 S. C. 316, 74 S. BP. 652, the defend-
ant sought to show that he signed the note
upon the condition that he was not to be
held liable thereon, and that he placed the
letter “C” after his signature to indicate the
condition that he was not to pay. The tes-
timony was held inadmissible on the ground
that one cannot “make in writing a promise
to pay” and “then prove by parol evidence
that the written promise was no promise,”
ete. In this case the defendant admits the
validity of the note as a “security” to a past-
due debt, and as an evidence of debt upon
which the plaintiff was entitled to borrow.
lxtraneous conditions limiting the force and
effect. of the instrument to those objects, and
at the same time withholding the right to
enforce by suit the unconditional written
promise to pay, would seem to be not only in-
consistent with each other, but clearly in
derogation of the express terms of the writ-
ten contract. Western Carolina Bank v.
Moore, 138 N. C, 529, 51 S. E. 79; Bank v.
Tisdale, 84 N. Y. 655; Hirsch v. Oliver, 91
Ga, 554, 18 S. FB. 354; Forsythe v. Kimball,
91 U.S. 291, 23 L. Ed. 352. The circuit judge
correctly held that the verbal agreement re-
lied upon was obnoxious to the parol evi-
dence rule, and ineffectual as a defense,
The judgment of the circuit court is af-
firmed.
GARY, ©. J., and FRASER and COTH-
RAN, JJ., concur.
and obligation by indorsement, of primary
S.C.) STATE y.
JEFFORDS 415
(114 S.E.)
(121 S.C. 443)
STATE v. JEFFORDS. (No. 11044.)
(Supreme Court of South Carolina. Noy. 2,
1922.)
1. Criminal law @=>622(1)—Award of separate
trial discretionary.
A motion for a severance and separate trial
is addressed to the diseretion of the court, and
no abuse of diseretion is shown where one of
several defendants, jointly indicted for murder,
had confessed that he took part and partici-
pated in the killing.
2. Criminal law ¢==516—Statement by one un-
der arrest held a confession, and not merely
an accusation against a codefendant.
A police officer stated to defendant, after
the latter had been arrested for murder and
had confessed to complicity therein, “Tell us
who else was implicated in it,” and defendant
answered, “All right, send and get Mr. J.,” a
codefendant. eld, that the statement by de-
fendant did not necessarily charge codefend-
ant, J., withY¥participation in the killing, and
hence an assignment of error on the ground
that such statement was not a confession, but
an accusation, is not sustainable.
3. Criminal law @€==517(5), 673(4)—Confes-
sion containing accusation against codefend-
ant admissible, and jury should be instructed
to consider confession only as against per-
son making it.
It is necessary and proper to admit in evi-
dence every part of a confession and to then
instruct the jury not to consider it against
any one except the person making it, and
ewhere such an instruction was given it was not
error to admit in evidence a confession which
also contained accusations against another de-
fendant, jointly indicted.
4. Homicide ¢=>305—Charge as to conspiracy,
where dcfendants are jointly charged with
murder, held proper.
Where the defendants were jointly charged
with murder, an instruction as to conspiracy
was proper, where the evidence tended to show
a mutual agreement to commit the act, since
such a charge simply states the law as to the
liability of one for the acts of the others.
Appeal from General Sessions Circuit
Court of Richland County; W. IL. Town-
send, Judge.
Frank M,. Jeffords was convicted of mur-
der and he appeals. Aftirmed.
The witness Shorter was a police officer.
While Ira Harrison was under arrest, Short-
er said to him: “Tell us who else is impli-
cated in it; we want to get them before they
get away.” To this question Harrison an-
swered: “All right; send and get Mr. Jef-
fords,”
I., G, Southard, of Spartanburg, for appel-
ant,
FRASER, J. Frank M. Jeffords, Ira Har-
rison, and Glenn Treece were jointly indict-
ed for the murder of J. C. Arnette in Colum-
bia, 8S. C., on the night of the 9th day of May,
1922. Harrison and Treece had made elab-
orate, detailed confessions ns to the cireum-
stances of the killing. These confessions
were in evidence before the coroner’s jury.
When the case was called for trial, the de-
fendant, Jeffords, made a motion for a sev-
erance and separate trial. It was refused by
the presiding judge. The motion was _ re-
newed at the close of the testimony for the
state, and again refused, This refusal forms
the basis of the first assignment of error.
{1} 1. It is unnecessary to cite authorities,
as the appellant admits that the motion was
addressed to the discretion of the presiding
judge. No abuse of discretion has been
shown. Not only was no abuse of discretion
shown, but the record shows that the appel-
lant also confessed, not in detail but in gen-
eral terms, when he said, “I took part in the
killing, or participated in the killing, but was
over persuaded.” This assignment of error
cannot be sustained.
[2] II. The next assignment of error is:
“Tlis honor erred in allowing the witness
Heise to testify, over the objection of the de-
fendant Jeffords as follows: Mr. Shorter said
to him, “Tell us who else was implicated in it:
we want to get them before they get away.’
He said, ‘All right; send and get Mr. Jeffords’
—it being submitted that such part of. the
statements of the defendant Harrison was not
a confession, but an accusation against the de-
fendant Jeffords, and the same was inadmissi-
ble and incompetent, and that h r j
l " e was preju-
diced thereby.” er
This statement did not necessarily charge
Jeffords with participation in the killing.
Jeffords was the partner of Arnette, and
most likely to know of the surroundings, and
the person who should have been most inter-
ested in the punishment of those engaged in
the killing. This assignment of error cannot
be sustained.
{(¢}] III. The next assignment of error is in
allowing confessions of Ilarrison and Treece
to be introduced in evidence, in so far as
they contained accusations of Jeffords. The
rule is very clear that the confessions must
be given as made. If we strike out any part,
then the confession ceases to be the eonfes-
sien as made. The rule in such eases is
clearly to let all the defendant said be given,
and the jury cautioned not to consider it
aginst any one, except the man who makes
it. This is unquestionably the rule, and it
was strictly and scrupulously followed,
The case of State v. Carson, 836 8, C. 584,
5 S. KE. 588, does not sustain the appellant
a
Solicitor A, F. Spigner and Jas. §. Verner, |
both of Columbia, for the State.
The rule as to confessions is recognized, bui
the statements were excluded because they
were not confessions,
¢—For other cases see same topic and KEY-NUMBEX in all Key-Numbered Digests and Indexes
7}
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ae ae ee ae SER aTS
Be ELP! Help! Oh, my God,
please help us!” The feeble
cries of the terror-stricken
woman reached the ears of Sara
Bledroe, a Negress.
Startled, she glanced in the di-
rection of the sound. What she saw
made her blood run cold! There,
in the doorway of a dilapidated
.cabin, just off the road, stood a
woman, her face an unrecogniz-
able, bloody mass, her body bent
as if in excruciating pain!
The passerby’s mouth flew open
in horror and, too terrified to inves-
"(2 she raced down the road
BY IRISH DONNELLY
to the home of L. M. Pallman.
“Mr. Pallman! Mr. Pallman!” the
‘woman screamed as she reached his
house in Ben Avon, suburb lying on
the southeastern fringe of the City
of Spartanburg, S. C. It was about
three P.M. Sunday, February 15
Mr. Pallman rushed to his door.
“What’s the matter?” he demganded’
in amazement as he saw the terror
vividly etched on the woman’s face.
“The Petries!” the woman gasped
for breath. “Something’s happened!
Something awful!”
“What on earth’s the matter with
you?” Pailman asked sternly at-
AMAZING DETECTIVE, August, 1942.
JONES, Jessie, black, elec SC (Spartanburg) KXXWEX April 2, 1943
nas PERERA:
,
tempting to calm the nearly hys-
terical woman. ‘“‘Talk sense, woman!”’
Steadied by the authority in his
voice, the woman calmed herself
sufficiently to blurt out what she
had seen. ‘“—and she had blood all
over her!” she finished.
“Sounds like a job for the sheriff,”
Pallman snapped. “Run and call
Sheriff ‘Henry and an ambulance.
I'll go to the Petries!”
The Negress left at once and
Pallman’s car zoomed from _ his
driveway. In seconds he was there.
As he jumped out, the Negress’
-words were echoing in his ears. He
glanced towa1
soul was in sig
be heard exce
ment of seve)
stock in an enc
road from the
the Petries, a
brother and s)
Because of
what he would
haltingly tow
which stood a
side and foun
total darkness
tered through
through crack
windows.
Until his «
tomed to the
nothing. Then
scene unfolded
eyes. He searc
Atop a table <
390 «8.0.
The other doctor was Dr. William T.
Hendricks, another practicing physician of
Spartanburg, who made the examination
with Dr. Wilson,’ We quote the following
from his testimony:
“Q. Tell the jury in your own words
what your findings were and what your
conclusions are? A. I found it impos-
sible to come to any just and definite con-
clusion ion that one examination. I think
certainly, he is of low mentality; but I
can’t help but feel that he knows right
from wrong. ‘
“Q. How long do physicians who special-
ize in mental’ diseases want. or require
to come to just and definite conclusions—
much more than a superficial examination
like that you haye mentioned, at any} rate,
do they not? A. Yes, sir; I should‘think
so; after such observation and examina-
tion, I should think. their conclusions would
be much more reliable than at.one “cursory
glance.
* * * * *
“Q, From your knowledge and hearing”
the case such as you have heard, it is
your opinion that Jesse Jones does know
right from wrong? A. I feel that way,
on that short examination; but I also fecl
that is too short an examination. I do
not know enough about mental diseases to
honestly express an opinion one way or
another. Personally I feel that he knows
ight from wrong, in fairness all the way
around. That is my personal opinion and
not my professional opinion. My mind
just changes from one way to the other.”
It is manifest that each of these physi-
cians was decidedly impressed with the
fact that he had not been able to make
such an examination as would enable him
to speak with reasonable certainty as to
the soundness of his opinions, but that a
more thorough examination by specialists
should be made, with proper opportunity
for somewhat continued observation.
Another question raised by the defend-
ant’s counsel on this appeal to the effect
that the presiding Judge unduly limited
the testimony of these physicians does
not scem to us to require any discussion,
for they appear to have been allowed to
testify fully in the light of the well-settled
law of this State as to mental capacity in
criminal cases.
[3, 4] Upon the examination of the
physician who testified as to the cause of
the death of Mr. Hughes certain photo-
23 SOUTH EASTERN REPORTER, 2d SERIES
graphs were introduced by the State. Two
of them showed parts of the premices
where the homicide actually occurred and
were clearly not subject to objection. Two
others, however, were photographs of the
body of the deceased showing his ghastly
wounds. When one of defendant’s counsel
objected to the introduction of these pic-
tures he stated positively: “The defend-
ant admits the killing;” and further con-
tended that the pictures were introduced
for the purpose of inflaming the minds of
the jurors and had no material bearing on
the case. It is indeed quite clear from
reading the testimony of this doctor, who
explained the location and nature of the
fatal wounds, that the photographs had no
probative value whatever, and really added
nothing to the oral testimony, although '
their influence would naturally be prejudi-
cial to the defendant. Our conclusion is
that they were erroneously admitted in
evidence under the facts and circumstances
of this case.
[5] In the case of State v. Edwards, 194
S.C. 410, 10 S.E.2d 587, 588, in which the
leading opinion was delivered by Mr. Jus-
tice Fishburne, he expressed in one clear
sentence the sound principle governing a
matter of this kind, which we quote: “We
agree that photographs which are calculat-
ed to arouse the sympathies or prejudices
of the jury are properly excluded if they
are entirely irrelevant or not substantially
necessary to show material facts or con-
ditions.”
A majority of the Court there held, how-
ever, that the photographs offered by the
State were properly admitted because rele-
vant on the issue of identification.
In the quite recent case of State v. Rob-
inson, S.C., 22 S.E.2d 587, 588, filed No-
vember 2, 1942, the Court, speaking by the
Chief Justice, said: “The State, therefore,
seems to have been in no position to know
what defenses the defendant might be pre-
paring to interpose or to rely upon, and
while in our opinion it would have been
better if the photographs had been with-
held until and unless they became neces-
sary for the purpose of refuting any pos-
sible subsequent testimony, it is neverthe-
less understandable that the Solicitor
wished the record to contain evidence suf-
ficient to establish the charge which the
State had made.”
Hence it was held that the admission of
the photographs in that case was not error,
and this discriminating statement by the
cebyrt eRy
Te NL SS GAS ype dpe Sey
ane
MEL ag PONS
3th Ae A STATE v. JONES): 2% 33 |
23 8.E.2d 387 = 391
Chief Justice distinguishes that case from
the case at bar and further confirms the
correctness of the principle announced. in
State v. Edwards, supra.. ire}
[6] Counsel for the defendant also
raise the point that the trial judge erred
in allowing the clothing of the deceased to
be introduced in evidence, the grounds of
the objection being substantially the same
as those interposed to the introduction of
the photographs of the deceased; but our
conclusion from a review of the testimony
is that because of the rather peculiar cir-
cumstances therein detailed the condition
and location of the clothes of the deceased
would tend to throw some light upon the
issues,, and therefore such ‘clothing was
properly allowed in evidence, by, the pre-
siding Judge. Beste het sce
The otlyer questions before us,on: this
appeal rel&te to the charge of the presid-
ing Judge, and the first one for considera-
tion involves that part of the charge re-
ferring to the power of the jury to recom-
mend mercy, and we.copy the following
which contains all that was said on the
subject except with reference to the form
of verdict; “There is a provision in the
Constitution of this State which says that
even though the State has proved a case
of guilty of murder, the jury is-invested
with the right to extend mercy, in which
case the verdict would be guilty with re-
commendation to the mercy of the Court,
that is a verdict which automatically re-
duces the sentence of penalty to life im-
prisonment. The recommendation to mer-
cy does not have to be accounted for by
the jury. The jury does not have to as-
sign a reason. Our Constitution gives to
the jury the right to say that the one, even
though he has been found by them to be
guilty of feloniously and maliciously tak-
ing the life of another, and whom they
can send to the electric chair. Now, as I
say, it is an act of mercy that the jury ex-
tends to the accused the right to recom-
mend to the mercy of the Court. Jt is not
intended by the Constitution to furnish a
juror who knows or is convinced in his
conscience that the accused should be clec-
frocuted and who is seeking a way out of
doing his duty, a subterfuge, nor is it in-
tended to ‘furnish a camouflage behind
which a juror may dodge a duty imposed
upon him by law. It is a statute of grace,
and not necessarily a dodging of duty, for
the jury to recommend to the mercy of the
Court. In one case it would be a proper
verdict; in another case it would not be
proper under a juror’s oath.” (Emphasis
added.)
[7] From the italicized portion of the
foregoing quoted excerpt it will be seen
that Judge Mann used the words “subter-
fuge,” “camouflage,” “dodging of duty,” and
“a juror’s oath.” These are indeed strong
words and phrases, and the inevitable in-
ference to be drawn from them in their
context is that if the evidence was not
sufficient to warrant the jury in extend-
ing mercy a recommendation by them to
that effect might be a subterfuge or a camt-
ouflage, an evasion or attempt to conceal a
failure on their part to perform their du-
ty, and would thus be a “dodging of du-
ty’ and a violation of “a juror’s oath.” It
seems to us that this is clearly in contra-
vention of the established rule of law, as
tending to instruct the jury on a matter
wholly within their discretion, and that
the other expressions in the charge on this
subject are not sufficient to relieve it from
the prejudicial effect of the particular lan-
guage complained of.
[8] The trial judge inadvertently re-
ferred to the Constitution as providing
that a recommendation to mercy would re-
duce the sentence to life imprisonment,
but obviously he intended reference to the
statutes, and. we do not regard this as
material.
[9] In the case of State v. King, 158
S:C. 251, 155 S.E. 409, 425, this Court had
this particular matter under serious con-
sideration and reached the conclusion lu-
cidly expressed in the opinion delivered by
Mr. Justice Blease, from which we quote
the following: “The act mentioned [Sec-
tion 1102, Code 1932] gave to a petit jury
the right, when it found a defendant guilty
of murder, to recommend him to the mercy
of the court, and this recommendation has
the effect of reducing.the punishment from
death to that of imprisonment in the peni-
tentiary, with hard labor, for the lifetime
of the prisoner, found guilty. The stat-
ute is very broad. It is clear that under
its terms a jury may, for any reason what-
ever appearing to them, refuse to have the
accused put to death, but may sparc his life.*
The proper charge to be given as to this
statute is for the presiding judge to. simply
inform the jury that under its provisions
they may recommend the defendant to the
mercy of the court, and that the effect of
such recommendation will be to save the
accused from death, and cause him to be
a
cerrEneuREPremenceen~ane
Sac
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ee a ee eee et)
core
ee cneneTe erm
See nce epee enrresrayenoanenenseenae enero
= — — eee
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i i
att
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392 8.6. 23 SOUTH EASTERN REPORTER, 2d SERIES
sentenced’ for lifetime imprisonment at
hard labor, The presiding judge was in
error in stating to the jury repeatedly that
they had nothing to do with mercy, and he
committed further error in then telling the
jury some of the instances in which they
should recommend mercy.” (Emphasis
added.)
The portion of the foregoing excerpt
which we ‘have italicized is, we believe, a
clear, succinct and correct statement of
the rule prescribed by this Court and to be
followed by trial Judges in murder cases;
but the same, doubtless through inadver-
tence, was not observed bythe Court be-
low in the instant case.
The doctrine so laid down in the case of
State v. King, supra, was expressly reaf-
firmed in the opinion in another case de-
livered at the same time, to wit, State v.
Blakely, 158 S.C. 304, 155 S.E. 408.
[10] Upon an examination of cases
from other States, we find that the matter
under discussion has resulted in some di-
vision among the authorities, due in part to
statutory differences, and the cases are cit-
ed in annotations in 17 A.L.R. 1117 and 87
A.L.R. 1362. In the latter annotation, at
page 1366, we find the following correct
analysis of the holding of our own Court
in the King and Blakely cases, supra:
“The view that, where the statute makes
a recommendation binding on the Court,
the question whether the defendant shall
be recommended to the clemency of the
Court is entirely within the discretion of
the jury, and that any instruction, charge,
or suggestion as to the cause for which the
jury can or ought to recommend mercy is
erroncous, and is ground for a reversal
of a conviction where no recommendation
is made, finds support in” these two South
Carolina cases.
The principle thus announced seems to be
in accordance with the weight of authori-
ty, finding ample support in many cases
from other jurisdictions, as will be seen
by reference to page 1129 of the note in 17
A.L.R., already mentioned. One of the
cases in which the reasons for the rule are
excellently set forth is the New Jersey case
of State v. Martin, 92 N.J.L. 436, 106 A.
385, 17 A.L.R. 1090.
However, it appears (rather surprising-
ly) that two South Carolina cases are cited
in the note referred to in 17 A.L.R., to wit,
at page 1136, as supporting the rule ob-
taining in some jurisdictions that the dis-
cretion of the jury as to recommendation
of mercy “should be exercised only where
the evidence discloses mitigating circum-
stances which warrant the recommenda-
tion.” Our cases thus cited, along with
those from some other States, are State
y. Bethune, 86 S.C. 143, 67 S.E. 466, and
State v. Bates, 87 S.C. 431, 69. S.E. 1075.
In the Bethune case the Court held that
the charge of the presiding Judge to the
effect that the jury, might recommend mer-
cy if the circumstances satisfied them that
the elements in the case “reduce it from
that bold and awful murder which merits
death,” [86 S.C. 143, 67 S.E. 470] was not
erroneous; and the Court says: “It would
have been better if the court had simply
called the jury’s attention to the terms of
the statute, and left the matter with them
without further remark, Still we do not
think that the Legislature meant that the
power to recommend to mercy should be
exercised arbitrarily or capriciously, or
without regard to some circumstance in
the case. As we do not feel that the re-
marks of the court were calculated to
wrongly influence the discretion of the
jury, we must overrule the exception.”
In the Bates case the Court held that
an instruction urging the jury to thorough-
ly consider the facts and circumstances be-
fore recommending to mercy was not error,
and we quote the following from the opin-
ion: “The charge was a mere warning for
thorough consideration of the facts and
circumstances by the jury before recom-
mending the defendant to the mercy of the
court, and we fail to see wherein it was
prejudicial to the rights of the appellant.”
[11] We need not stop to consider
whether these cases might be distinguished
from the case at bar, but in order that
there may be no misunderstanding we de-
sire to say that in so far as the Bethune
and Bates cases may be construed to limit
or qualify the rule later laid down as above
quoted they were in effect superseded and
overruled by the decisions of this Court
in the cases of State v. King, supra, and
State v. Blakely, supra. We believe it was
manifestly the wise intent of the statute
that the full responsibility for recommenda-
tion to mercy in murder cases and thus re-
ducing the sentence from death to life im-
prisonment was placed upon the jury ra-
ther than upon the presiding Judge, and
their discretion in the matter is an unljmit-
ed one.
[12] The jury were instructed by the
presiding Judge that if they should find that
iSgted OE
the defense of insanity had been established:
by the greater weight or preponderance of:
evidence the verdict should be “guilty, buti
insane.” Counsel for the defendant ex-
cepted to the charge on this point alleg-:
ing that in such case the verdict should
be “not guilty, by reason of. insanity.”
While we agree with counsel that the form
3 of verdict suggested in. their exception
would be preferable, we do not think the
trial Court committed error of law in his
q charge in this respect, as the form stated
by him is really the same in effect.
The exceptions relating to’ commitment
of the defendant to the State Hospital for
examination and observation, to the intro+
23 S.E.2d—25% © fiHeus oT eth
| BTS ta
Tae
(4, fo HSTATE v. JONES 24°t 3 8.0. 393
23 8.E.2d 387
duction of the photographs of the body of
the deceased, and to the charge as to rec-
ommendation to mercy, are sustained; and
the other exceptions are overruled.
The judgment of the Circuit Court is
therefore reversed and the case remanded
for a new trial, provided, that in the mean-
time the defendant be committed to the
State Hospital for observation and ex-
amination, pursuant to Section 6239 of the
Code, upon the order of any Circuit Judge
having jurisdiction.
Reversed and remanded.
BONHAM, C. J. BAKER, FISH-
BURNE and STUKES, JJ., concur.
&
e
NELLY
nearly hys-
ise, woman!”
1ority in his
med herself
it what she
iad blood all
‘ the sheriff,”
un and call
ambulance.
it once and
d from his
ae was there.
the Negress’
his ears. He
os Meee WEL Ded Te
glanced toward the cabin. Not a
soul was in sight. Nota sound could
be heard except the uneasy move-
ment of several head of scrawny
stock in an enclosure just across the
road from the two-room shack of
the Petries, a family consisting of
brother and sisters, all past 70.
Because, of the uncertainty of
what he would find, Pallman moved
haltingly toward the front door,
which stood ajar. He stepped in-
side and found himself in almost
total darkness. The only light fil-
tered through the doorway and
through cracks in the shuttered
windows.
Until his eyes became accus-
tomed to the gloom he could see
nothing. Then, gradually, the grisly
scene unfolded before his horrified
eyes. He searched about for a light.
Atop a table sat a kerosene lamp.
rie.struck a match to the wick. The
flame sputtered uncertainly for a
second then began burning evenly,
throwing into bold relief the ghastly
scene.
Maggie Petrie, her. face bloody
and her sparse gray hair in wild
disarray, sat motionless in a rocking
chair, staring blankly in Pallman’s
direction. On the floor lay the body
of Columbus Petrie, his crimson-
€oaked head resting against a chair
cushion. A few feet away lay Ida
in a pool of blood, her head on a
pillow. The room was a shambles.
Blood was everywhere!
Pallman. moved to Maggie’s side.
He didn’t bother with the two on
the floor. The grotesque position
of their bodies spelled only one
thing—death! ;
“What happened?” he asked.
Maggie stirred and focused her
tired old eyes on his face. Then,
weakly, the words came. “A man—
I couldn’t tell whether he was black
or white—broke in and beat us.”
She slumped in her chair.
At this moment, to Pallman’s im-
mense relief, the wail of sirens
sounded. As an ambulance and
officers pulled into the yard, he ran
to meet them.
“Thank God you’re here!” Pall-
man, exclaimed. Then he told of
being summoned by the Negress
and what he had learned from the
sole survivor of the tragedy in the
Petrie shack.
Investigating the call were Sheriff
Sam M. Henry of Spartanburg
County, South Carolina, Deputy
Sheriff B. B. Brockman, Rural Offi-
cer Ed Thornton, Identification Ex-
pert George Pruette, Coroner John
W. Pearson and County Jailer Jess
=xactly ar ty Slock Sheri Hood open.
ei the back door ot the jail and admittad
“those who heid Permits to the scene of
the axecution On the third floor, where
"Was arranger} * Unique and aasy-working
trapdoor, This same €allows was *ash-
sonad after Sherirf Hood's OWN Orizinal
<tsa three venpe AZO for tha *"Xeention of
wo3 Branyan, fC was use! ip Mav, 2894,
oft L2ncasrer county,
Vokeaeuar Ponrth Gf Inivy crowd wag
comstAtious RY iS absence, byt the anc.
JON3 apectators were thick enough 7) ee
“cessitate Sherine tood’s suarding the fay
On all atdes hy Dicked aguada Trem the
Tee Lighe Infantry, _
Three white and four eylorad Ninistars
were Dt Lor2’s eo} aC iiforence tfrppgesg
rim @arty chis TROTRINT acid ingy Aetory
Rs Net ne SW! Yeata, Mine Ormintae
ver 2O its sotal wanta ane ‘ald oa
PTSYSR pried POOR fervies ahuae V2
Vetoek. | Liayvet BOM wy Loeb cred. Mas reas.
38 SPU. nek anid “itt Aue] sto Aad
sootivea Aum, ani Eat Ma ave MUL afraid
t 3 : Lliie Shariy Pforcl hark the
4° 3eniencea read “Oo Rt, amd Teed um
39 scadotd. Last tig OF
2 lege and arms: wera Nery
et and cho TORR adjusted around ALS
NvVek, Hut shop sack oan wes Bincead
Ger Ai head and JROe 2 seems} Lett ts
aly fehrhtened and tumtest. «haok iM intsely
OM the wrrid. Re sone waa Beru realy
80 424 Not to sp and onuya ‘SlPagu.
tatian but alimest in Aa. Instant agssor
: Lied. sprung 3S .$FAa, Lay
Swiss, squirmed and: Licktad. around. so
Vialiathy that te Broke. 3is Aands ‘tonse
avi was staaning for -the. rapes around
Ris neck. ig pulled the ieather atving
a
sated
that heid *he Main rope in position, loose
srom hia head and was Tbeut to misrtace
~ the bine cay terope. Sheri” Hood. could
/ €OC 2S him. One of the constables finaly:
- TROSHL A handa ang Sher Noent, stad.
ther again tlirhdy and than abe. poor
* Wratel strangied for tninutes) when
dts Fiticg and: Ty FY pronounced . iita
Gnade ”
when foses. Bejr Was hun, wa again in
375 Charlie Noga pald the dnath penalty |
Yor the brurai muuurtor of William Walch
ae
AOR tenn ene
ie |
ons
r
afer Frog
igs
f° i 2h
sare
Sa!
|
“Ldafet, SC 1k [10 562— Wlotte JeohbarT Age 25, Wao tan for’ Re
Minder 9 Yyyeeca! [ba loek Liat Apt. [Lalbeoh, courted Leobbats
hs Galle . tutte forniid Of arght eels aud a Croco
Les, pe IS Ligure ¢ frig bev hud rage Aor. Wh oe “7h
ae
Delete
E fiott
and Combine
with bloud -
They are the Same
Cases
itisa direct dispatch
From the Chaclestm
News - Courier.
Beware Le xtremely Trichy / Accordihy to Atlanta Constitutias |
of IA/V9F A‘A there were tive executins i Saute Cardlina on 46/95.
They were? a tiple hearrgiag at Hampton ty lbych your enxistieg aTm ’s
correct. Also Peterhins at Abbwille fy which corrected Card +s Cntlosed.
hasty, that of Charles Lloyd tor whith verbatim Transerygt x as Follows ;
“Charles hloyd.the young negro convicted at the Octo
tegen of Court in Chester Court of the musder of Be ed.
a yous white man, at Haile’s goldmine in Lancaster County
om 74 August last, was executed ak Chester foday. He made no
Stetement ok all from the gallows.”
YD, Charles, black, hanged Chester, 3C, 12/6/1895
~yuUMSDAY IN CAROLINA.
FIVE NEGRO MURDERERS PAY
THE DEATHS PENALTY.
Charles Loyd, the Brutal Murderer of
Young Welsh in Lancaster, Slow-
ly Strang'ed at ‘Chester--A
Horrible Spectacic.
Snacial to The State,
Chester, Dec. §, —Charley
hanged here coddit ¥.
Young William Welch,
OW. Wetol of inershaw,
was murdered py Charite Loyd, 2 desper-
ate negro. on the niwht of the syth uf Aue
gust last at Haile gold mine, without any
provocation whatacever. From the facts
brought out at the trial it seems that
while 2 aesgr) frolic was in NrOLress, Wom.
young white
“Waten and Jonn Wourgh, two 3
cyere passing along the road near tae
the fun Was zoing ol and
warning from any source
ewinkling tired upon and
fo arm and
Lova was
son of Cant. as
Laneciwste! Co.,
men.
nAouse where
without any
they were ina
Hough was wounted in the te
Weich was ahot through the gytomacn
ang head and killed instantly. ‘The mute |
derer made yoo His escape immediately
and Floughn remained by the ahle of Sfs
dead camrade until the white, men of the
ne:gnbornvod could be aroused. A posse
was formed that night and commenced
to gearen for Loyd. He, however, could
not oe sound. {21 Lancaster county. He
mwas. Rowever, captured 20 miles above
Monroe, N. €., near his home, on August
2g, two days after hia atrocious crime had
Deen committed. We was taken to Lan-
easter and lodged safely in jail to await
tig triat at the Septumber term of court.
Lynching was talked of and reports to
thar effect was heralded arf over this sec-
tion of the State, but the cool-headedness
and sense of justice on the part of Capt.
Welch and his kinsmen, tho Clyburns,
- and citizens generall around Kershaw,
prevented mob violence and the law was
nlolwerl to take {ts courefe. ve
“\¥hen the trial camo up at the Septem-
Der court at Lancaster, Loyd's attorney
moved for a changé of venue and before
argument cold be made on the part of
the prosecution, Capt. Welch granted 4
' change on the. part of the. prosecution,
showing rat he was anxious far. the
“murderer fo have a fair trial, and that he
was. confident. the law would impose &
fust_punlabment. The court ordered the
Ph Shee,
“ahdaoner to be taken to Chester for trial
ee eT Sere a RO, Seen ty a, oe boa"
$$ $$ $<$—er o ——
AS COUrt we
Qurt woek approached again wild
ind grou;
mn 4 adless riz
1} 3 S43 CTRMNOrs ver
re Y > an is ‘ VOry
A uray’ and determined atloat that
baw Wonll intercept the presoitde” wane
on AWW way toy Cit : e prisonde white
rurtagny dedi -aester and would m st
county . in a himt to w& tree in Che hae
i Ne Pe ‘u raport of these Pr ec
Valea a ae and naturally
wery very indignant Messrs. O'ebu :
noadliner of ane When ihey read the
trtai—3g0 ee report an the day o ie
pe Cheat 4anevastar lynchers apie Or the
eo Peary > aotiad ev mele Tyo ‘wea
“ 4 Wish to disclaim bow ane
. aa Pt ny
3
Mtensiloa of ;
ied . VL myuring: ‘
ee eounty ng dee oe of
nes of i {ste OP woturd
mes at Vapt. Weleh or. ne tla feel.
MAW oitinen:. regny of tha Ker.
KH Sriat Gene ‘Angee
aT aad che 2 eet here in ana
thes: when eyes ¥ WAS gut only in a
“Quilcgy of om s fendered thelr ver Hat en
Dulce Pad nett : In the Arst degree.”
Loyd to staid is Immediately prdered
shouid lie: inc Ses and orde oer ere
on a Aare on the Sth lay AS Seba he
oe ee ' POU IS Ly o> ye ~ ACS
his Sentence: as oe elock. Loyd pr me
fence Withsuta Aineh. fy i atved
wit. 2M the lrigt
iy? tT hyQ0 +2
Ove “ae the we
peat Was ads asalge
Bately of the Camden won
_—
:
ivy Tet
OY sugede Vy
TY ;
ENO fefeane > of
; oe sitldise? MeEEss i . winder ba
OR hinge ty ae ad SIMI L ead abiv Pyne ial
7S Mei OUST er anc
rr
tas al
cies x4 or
~
ea) ~~ 4
ms i, PETS OE WE
>
366 «8.0 192 SOUTH EASTERN REPORTER
36 $.c.
law G15! 10. Criminal law €=919(3) ae
* ‘oa s tagti’s ruling in granting or Alleged improper argument to en a
ng i i : : new trial, i ner ver-
i araatiag a motion for a continuance In a is not ground for new cou Nae al
aun ul toe will not be disturbed in the dict than that rendered coulc
eriming ase
ret iew of the evi-
sivi i found upon any reasonable viev
les nclusive showing of
absence of a clear and co
i i dence.
abuse of discretion.
il. Criminal law €=919(3) ay
Alleged improper argument in criminal
prosecution which from an exanination of
4. Jury €103(6) 22.
Refusal to exclude for cause eertain ju-
re alle st indifferent in i
rors who were allegedly ne oo buna
th : having stated that they had form- the records and consideration of all ¢ 2
2 case state § : I ager Pose aed
a xpreneed an. opinion, but who also stances, imputing fair and average intelli
ee is is : y : y . : 4 My
ted that they were not conscious of any gence and honesty of purpose to a
. ’ *} © ” ~ re © -
hia prejudice against accused, knew of leads to conclusion that result was probably
vias or pr pe agains S x *
reason why they should not give the ac- affected, demands a new trial.
no reas ‘
cused a fair trial, and would follow the law
i i verdict, w icide €=237
vi . reaching a verdict, was 12. Hom Re
nt cae of tuts : Syidence which established commission
of act, coupled with testimony of doctors
5. Criminal law C=919(3) _ from state hospital under whose ane
Alleged improper argument of solicitor, tion defendant was placed for 37 days oh
in murder prosecution in which defendant lowing commission of offense and-of family
pleaded insanity and was either guilty 8 goctor, sustained conviction of murder as
charged or not guilty on ground of insan- against plea of insanity.
ity, consisting of statements that he would
take up suggestion of defense counsel, that 43, Criminal law €=919(3) ee
jury return a verdict of murder or not Alleged improper argument of s0 5 a
guilty when in reality defense counsel had in murder prosecution wherein p ea Ce
ade no such suggestion, was not ground sanity was entered, consisting of sta -
mye to jury that if defendant were not convicted
of murder he would be sent to state hosp!
6. Criminal law = 1037(1) . tal, where he would probably later be —
The Supreme Court decided insu rais- cone and released, was not ground for me
ed by :alleged error of trial judge in wanes trial where jury, finding seen 8 es
ing solicitor to go outside of the record could not have found any other verdic up
in argument to jury in ace opr ae any reasonable view of the evidence
i ‘hich defendant was convicted and sen-
preten to electrocution, in view of gravity of 14. Criminal law sateen a
case, notwithstanding solicitor was not in- Affidavits revealed t : a =
terrupted during alleged improper argument jrregularity in drawing o iu 7 Jee
so that he had no opportunity of withdraw- yeyersal, though stenograp " axe
ing or explaining them, and argument Was made it appear that state - —
not taken down at time words were alleged challenges instead of the five av
not an abuse of discretion.
for new trial.
to have been uttered. se: vtenibiak tai. emdiutts
The Supreme Court will seek for any
error which may have been prejudicial to a
defendant when the issue is life or death.
7. Criminal law €=713
The rule that it is always the duty of
the prosecuting attorney to treat the de-
fendant in a fair and impartial manner ap-
plies to his argument to the jury.
——_>—___—_
from General Sessions Circuit
ones Fairfield County; A. L. Gaston,
Judge.
Furman McDonald was convicted of
murder, and he appeals.
Affirmed:
Thurmond & Buzhardt, of McCormick,
and McDonald, Macaulay & McDonale,
of Winnsboro, for appellant.
8. Criminal law €=719(1)
Counsel should keep themselves strictly
within the record while addressing the jury,
especially in criminal cases.
9. Criminal law 699
Whether counsel’s statements and argu-
ments to the jury are legitimate or unau-
thorized is largely within discretion of cir-
cuit judge in’ criminal prosecutions,
STATE y. McDONALD 8.¢. 367
192 S.E.
W. G. Finley, Sol, of York, for the the statement that the deceased had cut
State.
FISHBURNE, Justice.
The defendant, Furman McDonald, was
convicted of the murder of H. B. Thomp-
son, Jr., at the June term of the court of
general sessions, 1936, in Fairfield county,
and sentenced by the presiding judge to
death by electrocution.
McDonald is a white man, and was 43
years of age at the time of his trial. He
is married, and is the father of four chil-
dren. The deceased, H. B. Thompson,
Jr., was a lad of thirteen years, who lived
with his parents, Mr. and Mrs. H. B.
Thompson, in the Greenbriar section of
Fairfield county, at Mossydale, which is
about a quarter of a mile from the home
of McDonald, in the same county.
On the night of September 29, 1935, be-
tween 12 and 1 o’clock, McDonald left
his home in his automobile and drove to
the home of the Thompsons. He stopped
his car directly in front of the house,
with the headlights shining on the front
door. He then proceeded to break into
the house by bursting open this door.
Finding the elder Thompson in bed, he
clubbed him into unconsciousness with a
shotgun. Mrs. Thompson, who was awake
when the defendant entered the house, and
who occupied the same bed with her hus-
band, succeeded in grasping and holding
the gun so as to stop any further attack
upon her husband. Aroused by the vio-
lent uproar, the deceased,’ who occupied
an adjoining room, came to the connect-
ing door, screaming and crying, and asked
what the disturbance was about. Where-
upon, McDonald, making the statement,
“You are the one that I want,” shot at him.
The deceased begged the defendant not
to shoot him again, but the defendant shoy-
ed the boy from him, and shot him the
Second time, inflicting the mortal wound.
Reloading the gun, McDonald made the
threat that he was going to shoot Mr.
Thompson, but he desisted when Mrs.
Thompson again struggled with him for
its possession. He then left the house,
but before leaving he struck her several
times with the weapon. The deceased died
in the office of Dr. G. C. Buchanan in the
town of Winnsboro within a few hours
after he was shot.
Before leaving his home that night, Mc-
Donald severely beat his little ten year
old girl, in the effort to extort from her
her. In order to make him discontinue
the punishment, the little girl finally made
the statement that H. B. Thompson, Jr.,
had cut her on the stomach with a knife.
This assertion is admittedly untrue, but
it was immediately following it that the
defendant went to the Thompson home.
There is testimony in the record that the
defendant continually talked about the
Thompsons, and some time prior to the
homicide, made the statement that Thomp-
son and his boy should be run out of the
community; and just before leaving his
home that night, he said that he intend-
ed to kill all of them. There is also testi-
mony tending to show that he was drink-
ing on the night of the homicide.
This brief statement outlines the set-
ting of the crime.
[1] Upon his trial, which occurred
about eight months thereafter, the de-
fendant interposed the plea of insanity,
and testified that he knew and remember-
ed nothing of what had occurred on the
night of the homicide. To every ques-
tion relating to the crime, he answered:
“T don’t know.” From the sentence im-
posed, McDonald appeals to this court,
charging error in the refusal of his mo-
tion for. a continuance of the case, the
refusal to stand aside certain jurors for
cause, and in the refusal to order a new
trial.
Upon the opening day of the court, coun-
sel for the appellant made and argued a
motion for a continuance of the case, bas-
ed upon the inability of Mr. Roger Smith,
of Fairfield county, a former employer
of the defendant, and of Mr. J. Frank
Mattison, probate judge for McCormick
county, to attend the trial on account of
illness. The motion was denied, and the
case was set for trial the next day, Tues-
day, June 9th. On that day the motion
was renewed, upon the same ground, and
was again refused. It is argued that the
motion for continuance should have been
granted because these two witnesses for
the defense were highly material.
It appears that the defendant was em-
ployed at a sawmill of Mr. Smith, in Fair-
field county, for six or seven years im-
mediately prior to the homicide, and it
was contended by counsel that Mr. Smith
was relied upon to prove the mental con-
dition of the defendant and his alleged
periods of insanity or “spells,” during
those years.
Bessa Sake
ok
re:
ve na ease as
364 ees 192 SOUTH EASTERN REPORTER
had testified that his occupation was that We are not inclined to broaden the ficld of
of an undertaker, and that he had taken “expert testimony” or opinion evidence.
the course involving anatomy required by We cannot hold that the coroner suffi-
the States of South Carolina and North ciently qualified as an expert to give his
Carolina—a full course required by the Em- opinion as to the cause of the death of the
balming Society. Over the objection of deceased, and, as it is impossible for any
appellant’s counsel the coroner was permit- one other than the members of the petit
ted to testify that in his opinion the de- jury who convicted the appellant to say if
ceased died from a pistol shot wound this “expert testimony” given in evidence
through the heart. by the coroner in anywise influenced the
Of course, had the deceased received no verdict, we must sustain this exception.
other wound on the night of his death than (9] During the direct examination of
the pistol shot wound, the objection to the the wife of the deceased, she testified as
coroner giving his opinion that the deceased to the family surviving the deceased.
did not die from natural causes, but from Counsel for appellant immediately moved to
the pistol shot, might be considered too strike out this testimony on the ground that
highly technical or hypercritical to receive it was irrelevant, was not offered for the
any scrious consideration, but it must be purpose of proving the offense charged
recognized that a blow on the head, inflicted against appellant, but for the purpose of
with a Coca-Cola bottle, sufficient to fell a arousing sympathy. The trial judge refused
person, may produce death, and, under the to strike out this testimony, and in ruling
testimony in this case, it was highly impor- thereon stated: “I think it is permissible
tant to appellant as to what caused the to show a man’s family, and I'll instruct
death of the deceased. If the blows on the the jury it makes no difference whether the
head could just as easily have produced man who is killed, whether he is a single
death—and it is not claimed that appellant man or a married man ofa family.” Under
either struck or caused any one else (Ja- the statement of the trial judge and when
cobs) to strike these blows—then the im- he failed in his charge to so instruct the
portance of this fact cannot be exagger- jury, it was, of course, the duty of counsel
ated. for appellant to call the matter to his at-
In State v. Clark, 15 S.C. 403, 408, the tention, and this opportunity was given ap-
court queda Wie approval from Greeéh- pellant’s counsel at the conclusion of the
leaf, vol. 1, § 440, as follomiiittiahat in judge’s charge. While the trial judge rec-
questions of science, skill or trade, or oth- ognized that such testimony was irrelevant,
ers of like kind, persons of skill, sometimes though refusing to strike it from the tes-
called experts, may not only testify to facts, timony, yet his statement in the presence of
but are permitted to give their opinions in the jury that it made no difference whether
evidence. Thus, the opinions of medical the man who is killed is single or a married
men are constantly admitted as to cause of man of a family probably was more ef-
death or disease or the consequences of fective, and favorable to the appellant than
wounds, and as to the sane or insane state if he had ordered the testimony stricken.
of a person’s mind, as collected from a num- If error, it was harmless.
ber of circumstances, and as to other ob- [10] Appellant takes the position that,
jects of professional skill ; and such opin- there being no testimony tending to show
ions are admissible in evidence, though the that he fired the shot that killed the de-
getness founds them, not on his own Pe ceased, Garland, the trial judge should have
sonal observation, but on the case itself as directed a verdict of not guilty on the first
proved by other witnesses. See, also, the count of the indictment wherein he was
case of State v. Hyde, supra. charged with murder, and that the testi-
[7,8] We do not find where any wit- mony of Jacobs to the effect that he (Ja-
ness, not a physician, there being some cobs) shot the deceased through the com
doubt which one,of two injuries caused a mand and fear of appellant tended to show
death, has beef permitted to give an opin- only that appellant was an accessory be-
ion as to the cause of death. This is as fore the fact.
it should be. The juror of average intel- The law of this State is directly opposed
ligence would be just as competent to reach to this position. In State v. Davis, 88 S.C.
a conclusion as even an undertaker, who 204, 211, 70 S.E. 417, it was held: “All per-
in the pursuit of his occupation, supposedly sons present aiding and abetting a mur
handles and works upon dead bodies only. are regarded as principals and equa
*
STATE v. McDON
: 192 S.E. oc sta 365
guilty”—citing State v. Fley, 2 Brev. 338 ial j in hi
4 Am.Dee. 583; State v. Putnam, 18 $c Lo es Headgre ogc cay
175, 178, 44 Am.Rep. 569; State a unter: sanite ipo a be SB a ppd?
79 S.C. 73, 75, 60 S.E. 240. A simil : Shee te Gee ange nat
ar state- lant, to find hi
ment of the law appear bi i ek oe
. kak a Ay “04 ee te State that the omission to tell them that “Not
: , 30 S.C: : 2 tk a Guilty” was one of the verdi
, cts t
ey siege brief quotes section 1937 of render, is reversible error. ake ao
eae: of 1932, and states that the Davis instructions are being given at the concl
ie Cennedy Cases were Prior to 1912, The sion of the charge. As a matter of pr rs
Ste cri Statute appears in the Genetai tice, however, and especially whore the
Seeley #8 Sah Carolina of 1871, as sec- Crime charged is of such a serious Hakan,
: of chapter 137. a jury should be instructed that one form of
Pe he ink cme State v. Sheriff, 118 $.c, Verdict which it can find is “Not Guilty.”
327, 110 S.E. 807, cited by appellant, was We well appreciate the position in which it
ecided upon the facts of that case, as places counsel for a defendant when this
shown by the opening para form of ict i i
OW : raph m of verdict is o i
sini g paragraph of the rated s omitted from the instruc-
There is nothing in the record from The trial judge did everything in hi
which the jury could have concluded that POWer to cure and remedy the inadvert :
rem actually fired the shot that killed ©” his part. nr
Garland, but, since the case must go back There is no merit in exception eleven
- ee it would serve no useful Venue was proven as conclusivel a if
Purpose to further discuss exceptions sev- there had been direct and affi Seles
en and eight. We will state, however, in thereof. ee
that the indictment contained
another count All exception
charging appellant and Jacobs jointly with 5, which fe sastatned bide mass
: € qurn the count complained of could ;
ave well been treated as surplusa
the testimony, sn ie a
Therefore, the judgment is reversed, and
€ case remanded for a new trial.
[11,12] We will now take up a ‘ ST
exception 9 and exception 12. pg age FISHBURNE I e ae
eral ane of the trial judge, after defin- wae
ing the phrase “reasonable doubt,” he st CART i ici
to the jury, “If you have such doubt se count of inten on
the guilt of this defendant on either of the
three charges or all of them, give him the
benefit of that doubt and find him not Ci RRS
guilty.” After completing his charge to CED
“a jury, the trial judge inquired of counsel
or the State and the appellant if they de-
hi anything further on behalf of either, 184 S.C. 290
4 , upon receiving answers in the nega- STATE v. McDONALD.
Ive, proceeded to instruct the jury as to No. |
the several verdicts it could render, and how ee
to write such verdict as may be agreed up-
on, but did not mention or provide for a
verdict of “Not Guilty.”
i the jury convicted appellant of A deni i
murd yaad before they werd. diechireesd, ce eae of motion for continuance in
the fact that the trial favlge hed faflel te my a prosecution based on absence of two
include a verdict of “Not Guilty” in his in: . egedly material witnesses, who however
fru ies. ees called te hiv abldction ‘He nae not present at time of killing and
thereupon explained to the jury that iaad- : ose testimony would have been merely
vertent y he had omitted id do ko:-ad sent ehbaebenld and cumulative of that of
em ack to the jury room to recohelder 4 er witnesses, was not an abuse of discre-
a sa ee same verdict as at first ren- am
rought in and published. 2. Criminal law @=586
This i i i
‘peed: has time after time decided Applications for continuance are ad-
rge as a whole must be consid- dressed to the sound discretion of the court.
Supreme Court of South Carolina,
July 14, 1937.
!. Criminal law €=596(1)
*1E6T SOZ 4Sneny uc
(OtoqsuuTM) UosTzg 94649 eUTTOTeD YYNOg peqnocuyoeTe *ct Seqtym SuewIN” *CTYNOCOW
of
Me
,
Sh:
Fe age EAT Pia Se RT RP
g
WAS is) Aaa TY
368 «S.C.
The defendant was a native of the coun-
ty of McCormick, and several witnesses
from that county attended the trial and
testified as to the defendant’s mental con-
dition during the various periods that
they knew him. Counsel for the appel-
lant undertook to show, by these and other
witnesses, the mental characteristics and
the alleged erratic conduct of the defend-
ant from his earliest years, and to prove
that the defendant had exhibited symptoms
of mental derangement from the time he
was a child until the date of the trial.
We can discover no ground for the
charge of abuse of discretion in refusing
the motion for continuance.
The following remarks of the presid-
ing judge as to the absence of these two
witnesses fully vindicate his refusal to
grant a continuance on that ground:
“Now, in regard to the absence of these
witnesses, neither one of those witnesses
claim to be present at the time of the oc-
currence—at the time this unfortunate
killing occurred; and their testimony would
necessarily be merely corroborative and
cumulative of that of other witnesses.
Numerous other witnesses covered every
possible point in the case, prior to the kill-
ing and after the killing. And their evi-
dence would not have been different to
that of other witnesses along the same
line.
“And that leads up to the testimony of
Dr. Buchanan. He was a witness who
saw the defendant immediately after the
occurrence, and therefore was better ac-
quainted with the defendant’s condition
than the absent witnesses were; had a
better opportunity to judge the defendant
than the other witnesses. He resided in
the county. He is a gentleman of the
highest character, and above reproach in
every respect. Now, if he was not able
to say this defendant was insane, and with
all the knowledge and opportunity he had
to pass on his insanity, I do not see how
the jury would be expected to say he was
insane. Dr. Buchanan had no adverse
interest to the defendant; all of his lean-
ings would have been in favor of the de-
fendant. He said he was compelled to
testify the truth. And the defendant, on
the stand, said he was today in sound
mind.”
We should add that an affidavit executed
by Probate Judge Mattison was read to the
jury, and the prosecuting attorney agreed
that if Mr. Mattison were present he would
192 SOUTH EASTERN REPORTER
testify to the statements contained in the
affidavit.
In addition to the testimony of the defend-
ant himself, thirteen witnesses, medical and
lay, including the defendant’s wife and his
mother, were sworn on behalf of the de-
fense, some from McCormick county and
some from Fairfield county, and their testi-
mony was directed in each instance toward
establishing proof of the defendant’s in-
sanity.
The case of State v. Williamson, 115 S.
C. 315, 105 S.E. 697, cited by the appeHant.
is not in point. In that case it was held
that it was an abuse of discretion on the part
of the presiding judge not to grant a con-
tinuance because of the absence of the de-
fendant’s wife, where it appeared that she
was present at the time of the killing, was
defendant’s most material witness, and could
not attend the trial and testify without sub-
jecting herself to dangerous consequences
on account of her physical condition.
[2,3] Applications for continuance are
addressed to the sound discretion of the
court, and it is a well-established rule in this
commonwealth, and perhaps in all Americau
jurisdictions, that the trial court’s ruling in
granting or in refusing a motion for a con-
tinuance in a criminal case will not be dis-
turbed in the absence of a clear and conclu-
sive showing of abuse of discretion. State
v. Crosby, 88 S.C. 98, 70 S.E. 440; State v.
Edwards, 86 S.C. 215, 68 S.E. 524; State v.
Franklin, 80 S.C. 332, 60 S.E. 953; State
v. Williams, 76 S.C. 135, 56 S.E. 783. The
exceptions raising this question are over-
ruled.
[4] Itis next contended that the examin-
ation of certain jurors upon their voir dire
disclosed that they were “not indifferent in
the case,” and that the trial court committed
reversible error in not excluding them from
the jury. Our attention is particularly di-
rected to the examination of D. F. Hatchell,
the seventeenth juror called in the case.
This juror did not sit upon the jury which
tried the defendant. He was excluded by
peremptory challenge on the part of the de-
fense. It is contended that he should have
been excluded for cause by the trial judge
upon the ground that he stated that he had
formed or expressed an opinion as to the
guilt or innocence of the accused, and, in
effect, that it would take some evidence ‘to
remove that opinion.
The juror stated that he had formed or
expressed an opinion, but explained this by
STATE vy. McDONALD §
193 S.E. =e. 369
saying that he just made a remark when he
first heard of the case; that he was without
bias or prejudice, would render a verdict in
accordance with the law and the evidence,
and knew of no reason why he should not
give the state and the defendant a fair trial.
This question and the following question
will be passed upon together.
Error is also assigned to the trial judge
because of his failure to stand aside the
twenty-seventh juror, J. Ernest Stevenson.
With the calling and acceptance of this
juror the jury panel was completed. The
defense had exhausted its challenges, but the
indifference of this juror is challenged upon
the same ground as is made with respect to
the juror Hatchell, namely, that he stated
that he had formed or expressed an opinion
in regard to the guilt or innocence of the
accused. He, too, upon his voir dire, how-
ever, stated that he was not conscious of
any bias or prejudice against the defendant,
knew of no reason why he should not give
the defendant a fair trial, and would follow
a law and the evidence in reaching a ver-
Ict.
We think there was no abuse of discre-
tion in the ruling of the court that the two
jurors named should be presented. These
jurors stated and reiterated under oath, on
examination by the court and on examina-
tion by counsel for the defense, that in
reaching a verdict they would be guided by
the law and the evidence in the case. As
was said in State v. Faries, 125 S.C. 281,
118 S.E. 620, 622:
“The weight to be attached to the juror’s
Statements was for the circuit iudge. The
manner and bearing of the juror, nature’s
Stamp of c:aracter on form and counte-
nance, are evidential exhibits for the con-
sideration of the circuit judge, which may be
More indicative of the juror’s real attitude
than his words. Those things cannot ade-
quately be spread upon the record.”
The exceptions raising these questions
are overruled on the authority of the follow-
ing cases: State v. Mittle, 120 S.C. 526, 113
S.E. 335; State v. Milam, 65 S.C. 321, 43
S.E. 677; State v. Williamson, 65 S.C. 242,
43 S.E. 671; State v. James, 34 S.C. 49, 12
S.E. 657; State v. Coleman, 20 S.C. 441;
State v. Dodson, 16 S.C. 453.
The facts in the cases of State v. Sanders,
103 S.C, 216, 88 S.E. 10, and Brown v. S.
H. Kress & Co., 170 S.C. 178, 170 S.E. 142,
rahe easily distinguished from the case at
ar, and are not in point,
192 S.E.—24
[5] Error is assigned because the trial
judge refused to grant the defendant’s mo-
tion for a new trial, based upon the ground
that the solicitor was permitted or allowed
by the court in his closing argument to the
jury to make certain improper and objec-
tionable statements to the jury; and in the
failure on the part of the presiding judge to
admonish the jury to disregard such state-
ments. It is asserted that the solicitor in
his closing argument said that “he would
take up the suggestion of defense counsel,
that the jury return a verdict of murder or
not guilty, or words to that effect,” when in
reality the defense counsel made no such
suggestion. And it is argued that the use
of these words might have influenced the
jury against bringing in a verdict of man-
slaughter or a recommendation to mercy.
As heretofore stated, the entire testimony
for the defense was directed to the estab-
lishment of the defendant’s plea of insanity.
There is no suggestion or intimation in the
whole record that the defendant relied upon
any other defense. The evidence shows be-
yond the peradventure of a doubt that the
jury could properly have rendered but one
of three verdicts: (1) Murder, (2) murder
with recommendation to mercy, or (3) not
guilty, on the ground of insanity. However,
the trial judge, in his instructions to the
jury, not only covered the law applicable
to murder, but fully charged the lesser grade
of manslaughter. And he doubtless charged
the jury with reference to manslaughter out
of a superabundance of caution, to the end
that every legal right of the defendant
should be protected. The jury were also
specifically charged that in the event of a
verdict of guilty, it was within their prov-
ince to recommend to mercy, and the legal
effect of such recommendation was fully ex-
plained. The record is devoid of evidence
which would have warranted a verdict of
manslaughter. Nothing could be clearer,
that the theory of the state and of the de-
fense throughout the trial was that the jury
under the evidence would necessarily have
to render one of the three verdicts above
referred to. The record amply supports the
statement made by the trial judge in passing
upon this ground for a new trial. He said:
“There was no offer of testimony or argu-
ment otherwise to excuse the act committed.
I mean by that that counsel themselves, by
any argument otherwise, agreed that if it
was the act of a sane and sound man, it was
a murderous act; and if not the act of a
man of sound and sane mind, it was not
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CEM -G,
:
JONES, Edmund, and JORDAN, Joseph, whites, Manged Charleston,SC, March 1, 1771.
"..eSome of the harshest punishments were meted out to white felons who conspired with
blacks, For example, during the Spring, 1770, three white men and four slaves seized a
schooner near Charles Town and sailed south, Immediately the Assembly offered a handsome
100 pounds sterling reward for their capture. Early the following year they were appre-
hended in the Carribean and returned tothe city for trial. Each of the three white men
were sentenced to be hanged. The fate of the hlacks is unknowne" "Controlking the Poor
in Colonial Charles Town," by Walter J. Fraser, Jrey THE PROCEEDINGS OF THE SOUTHCAROLINA
HISTORICAL ASSOCIATION, 1980, p 21 (His source :SOUTH CAROLINA GAZETTE, May 3, 1770 and
January 31, 1771.)
""Charleston,, SC: Feb. 5: At the Court of Géneral Sessions
held at Charleston, Joseph Jordan was convicted of running
away with a schooner and sentenced to be KAKKBA HANGED on the 15th
of February." NEWSLETTER, Boston, MAss, “ar, 14, 1771 (from
Hearn. )
os IS 0 VLR | |
SC Gazette & Country Journal 6-14-74
identifies victior as one George Bea zle y-
JONES, Edward
"Charleston, SC, June 17, 177-On Monday last (June 13,
177), Edvard Jones, who was condemned at the last Court
of General Sessions, Oyer and Terminer, etc, for murder,
was hanged herepursuant to hissentence," SOURTH CAROLINA
AND AMERICAN GENERAL GAZETEE, Charleston,SC, Junel0-17,
L77h (3-1)
"Charleston, May 22-At the Court of General Sessions,
Oyer and Terminer, etc, which began here on Tuesday last
week, Edward Jones was convicted of Murder and sentenced
to be hanted on Monday June 13th..." IBID, May 20-27, 177
(3:1.)
JONLo, Henry, black, hange
axa eS eM Te a EG a7
HENRY JONES; NEGRO,
retin
HANGED FOR MURDERS
i
Rign? Pear
oe
v
f
Death Penalty in Pickens Hn)
forced Yesterday, “nantes
cg ee NY
On
a”
HE KILLED YOURG i WHITE
|
obs
3
v “% ‘yaa
Lore Crowd Ia the Town but Pertect:/
Order Preyatled—How the’. )\
‘Tray Wan Sprung.
Special to The &tate. ee RS
Pickens, Aug. 26.—Henry Jones, the.
negro murderer of Conatable Columbus :
Jones, who warn hanged today, “went”
upon the death trap a few minutes.
after 11 o'clock, and before the placing
of the death cap upon the doomed ‘man:
(he usual opportunity was given: him’
to make a atatement. Rokiat
Jonén avowed hin readiness: fo 8
heaven and beneeched . everybody ‘to's
meet him up there. He warned his race“
ngalnst the possession and use¢-of fire=;°
arms, Fully 1,200 people, outside, thé’.
walln of the bullding, Matehed «with’
bated breath at the Inat words’ of the:
man soon to be hurled Into eternity. "At!
the conclusjon of his confession - h@’:
chose to pray, and. having prayed for,’
somo time,’and scemingly drawing to.
a. conclusion, Sherif McDaniel des:
xcended the atepa, one of which, as thé.
sherlf atepped upon itt, aprung’ the:
death trap, and In the twinkling of an”
cye the neck of the wretched: negro.
| Waa broken and soon hia life had gone;
out, ia pe
ma ni at 5 4 + a ra
Pickens, 3G on August < 6
“The prironer’s mother did not, visit.
him on hin fatal day and. he waa.
buried at the expense of the county. In’.
the vant crowd that aasembled at the:
jall there were not more than - 60.nee.,
KrOCR, ‘ AO
Rheriff McDaniel and the people of,
Pickens generally feel. relleved thatthe.
~éxecullén MW over and not the alightests
trouble arose, although nome threata’
had been made by the negroersin. tha)
past few daya, Bkerif! McDaniel did:
ot take them seriously, thouxh hes
took the precaution to’ telegraph, the’
governor Tuenday for a company, of,
Rtate militlh, This was not, thought’
necessary by the governor, who Instead:'
trurty men to see'that the law. wag pare:
ried out. yes |, Pe en Se
It han been wuthoritatively eee
here thia. aftarngon. that, 4., 4
company fn Gremnville laste hiant res.
-mained in their armory ready to Move"
nt mn moment's Jeet ‘and, could have®
been tranaported to ‘Pickens: in" Tena:
than an hour's time, . Heavy ards: .
were placed: at the Jall last night-and-
today the dispenanry wan’ closed until.
thia aftornoon and the vast crowd had”
left for home.
¢ Pas
It ie 7 o'clock and all ba quiete ss Vict
e. ° eM ey
Jonen’ crime’ was the killing of Coe‘
lumbus Jones near Kasley.. The latter,!
a young white man of excellent chare -
‘acter and a magintrate’s,. constable ,.
went to the negro’s house to arrest him.,
Henry Jones, on the arrival of the cons,
atable, shot him and fed,’ He was are.
rested rome days Inter in Spartanburg’
county and on account of’ the excites,
eee
ment In Pickens county ho}d_ tempo-,
nearly In BpartAnbUrg, p= -mne omer ale
deitineadiion . f
requested the sheriff to.doputize enough »
1¢
ke
3
O4
doth 3.) 1S oy
ee tial
arrest De gere
—— ee me
‘@
‘turned i.’
v4. Ree
Ese 49 4
Ly store;
}s.
]
of near
riously
prov ing
Spar-
arents,
binson,
iter of
ison, 18
Ye hope
8
wud Me-
on aes
& distil-
omtly.
partan-
and
: visit-
Hagood
vole
UN
srosper-
conn Vv,
S38)
he wae
Th resi-
ite offle.
turday.
nd ne-
-diiver-tthat be had been e¢ apt ured by the,
re the}
i@ best;
|
‘onfed- |
V vigil?
Church
ro Ce
naked ,
f mueh:
yeah,
ele,
<“, darn}
hen per |
Heegares ytd
nramtee!
red tyes”
yet
Columbus W. Jones Killed.
Last Thursday night while in
‘the discharge of: his duties as an
officer and - without warning
Columbus W. Jones was shot and
killed by a negro named Henry
Jones. A few daysago Mr. Fed
Williams procured a warrant for
the negro for violating a written
labor contract, which Mr.
liamg had, and Constable Jones
was deputised to serve the papers...
Thursday it was reported that the
negro was at a house on Arthur
Robinson’s place, five miles east
uf town. Mr. Jones, accompanied
by two men, went to the house
about eleven o’clock at might.
The negro was there, aud Consta-
ble Jones knocked on- the door,
and told the negro that he hada
warrant for him aud for him to
open the door. The negro refused
the coustable admission, hut al-
most instnutiy the door was
thrown open a gun fired, and the
door closed again. The contents
of the gun, which was composed
of No. 2 shot and lead slugs, had
taken effect in the breast of the
constabie. He died almost in-
stantly. And while the two men
were carrying their dead comrade
away the negro fled. A large
posse of men searched the country
for many hours, but no trace of
the negro wes found, until Satuar-
day when news was received here
constable at Inmau, a town north
of Spartanburg, near the North
Czrolina tine. Te ig pow in the
Wile].
i]
needed. Satisfaction both in
work and price guaranteed.
Any work you may want done
’
j
t
INS: SHARPENED....
wcje AND.
REPAIRED
—=
T have just bought a new ma-
chine for sharpening gins, also
new outfit for repairing brushes.
Can do any repairing that may be}
notify me by mail.
J. P. O'Dell,
‘Easley, S.C.
R. F. D. No. 5.
jlieee
W. atching the Clock.
The fear of doing more work
than the pay received is going te
‘Just received.
represent has gotten mere than
one man into “trouble. The in-
-—-—
FURNITURE
iFOR..
EVERYBODY!
We are the largest Fur-
Me
niture Dealers in’ the
County. Webuy more
therefore, we can buy
CHEAPER than our
Compctitors. 2 4
A big lot of
EE ee, 2 En Rh a EN
Mat ting
it tae y
jhave everything in an up-te
date Furniture onsé:
Come to see us, if Vo
j haven't the nioney. we wi
nate Jaziness that dictates to nj Sell you ou histallments,
young fellow in the strain of mak- |
ing him believe he j is doing nore |
than he js paid for is making its
rounds abont. this time of the
year when stores have big trade:
and stocks of goads are p’ ‘Jed high
on the counters at every closing
time, ‘he fear SAVEINS bore
than is to be reeeived causes the
ie
(ve
‘elerts to lose the richness of bless.
Spartauburg jail for safe keeping |
4.
bods
Pickens
cp epee
a -
nisd Will earried fa
text Monday to be tried for mur-
her.
Columbus Jones was a young
man ouly twenty-five years oled,
he numbered hia friends hy
hall who knew him, Noo young
onan had nobler traits of charae-
iter or singe ideals of right and
pwrong than he did. No one who
that with sueh vivings.
iaaeant ure
Wigs wep
x} Working overtine, wobretag fey
;too small pay, ote that which
fkhouew him hesitated ta axk of him!
ta favor, for he was always ready
Chub. pati wading teoosheaw tis friesil-
if eye THE. f
He tenves ao father, sister and
af brother, besides manny other rela
™ re Liver und friend (oa amenra hi-
iy Pe nnaimeds death,
ma Meer Wie oreiiains Was carried te
shed rigs, dag Beek ehureh. three miles:
id ote i torts roof Kaslev, for paciew: nt.
re oe re ee Te pe tap ey wore etertiebay
ie 1
reottimek od by tha eniptover, menite!
ing and doing abl that aereds suel
attention toto faut iS
rather eonmman or neticentie rn
store Life. The laek of pronioti: ty
und the failure t miise Wares pa!
not a enuse of this lagiters fartaes
plaia eifeact. Neonian,
how thiek the sktu that covers a
faculty of percestion, eum fad
1x thaerg
An)
feos
Spee getant ter
Onur line of COFFIN
and CASTS IES is os
and cheap. ; ;
HASLEY UNDERTAKING AN
ae oad nnderetoned the vs
the employee Wha ts up st rh dovtiage
atoat! iil tig woptt: tor qeueds Cad
Deveney tee dees agadenwe ad bee gh CT ok
reneh. Nua Line eraypeleye ie Whi!
betcstunatss toch Udve raninsast en the!
free oof the ssa. beat wobpdera.
is feo dia goes !ost
what ther
it, is the ca peteagees a Wty pyxe
aoe ore
eo prams?
4 }
tiel thie ™
FURNITURE U0.
PASLEY S.C.
Py. S.A few Sewing M:;
hehines and Oraeans dette.
peu y-
with
Sty io h
Sil
- De
Executions In Neb, Va, Ind, SC
AP 19-Jul-1996 2:06 EDT REF5146
Copyright 1996. The Associated Press. All Rights Reserved.
The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.
By The Associated Press
A man who killed his ex-wife, her father and her stepson in 1985 was
put to death by injection in South Carolina early Friday, a day after
Indiana executed a man for killing a police sergeant.
Fred Kornahrens, 47, of Charleston, S.C., killed because he was
distraught over the breakup with his ex-wife, Patti Jo Avant, who was
living with another man, prosecutors said.
Kornahrens, who dug the graves for his victims, shot and stabbed
Avant and stabbed her father, Harry Wilkerson, on Yanges Island. Her
stepson, Jason, was also stabbed to death after having his hands and
feet bound with packing tape.
On Thursday, it took technicians 35 minutes to find a vein for the
lethal injection of Tommie Smith in Indiana; they finally used a vein
in his foot. Smith insisted to the end that he didn’t fire the shots
that killed Indianapolis police Sgt, Jack Ohrberg.
Ohrberg had gone to Smith’s house in 1980 to serve an arrest warrant
for another man. That man, Gregory Resnover, was executed in 1994 for
his role in-Ohrberg’s killing.
Smith, 42, who had burglary and robbery convictions in the 1970s,
said he shot at the officer, mistakenly believing that Ohrberg was an
intruder.
In Virginia, Joseph John Savino III was executed by injection late
Wednesday after saying "I’m sorry far what happened to Tommy McWaters, ”
his lover. ;
Savino, 37, pleaded guilty to bludgeoning Thos McWaters to death at
their Bedford County home in 1988. Later, he claimed police badgered
him into confessing even though he repeatedly asked for a lawyer.
On Wednesday. morning, John Joubert, a former Boy Scout leader who
murdered two boys in 1983, was executed in Nebraska’s electric chair.
Joubert, 33, repeatedly stabbed and slashed Danny Jo Eberle, 13, and
“Christopher Walden, 12, near Offut Air Force Base, where he was
stationed. He also was convicted of stabbing and strangling a boy in
Maine.
7) <i)! le
Man Who Killed 3 in Family Is Executed
COLUMBIA, S.C., July 19 (AP) —
A man who killed his former wife,
her father and her 10-year-old step-
son in 1985 was executed by injection
here early today.
Moments before being put to
death, the 47-year-old condemned
prisoner, Fred Kornahrens, prom-
ised to reunite in heaven with the
family he had murdered. “I am for-
given,” he said.
The slayings for which Mr. Kor-
nahrens was executed occurred on
Feb. 9, 1985, in the community of
Yonges Island, near Charleston, and
were attributable, he said later, to
his having been ‘‘shattered” by the
Other points of view
on the Op-Ed page
‘seven days a week.
The New York Times
breakup of his marriage.
Mr. Kornahrens first shot his for-
mer wife, Patti Jo Avant, 35, in the
chest. When the wounded woman ran
next door to the mobile home of her
69-year-old father, Harry Wilkerson,
Mr. Kornahrens stabbed him to
death. The assailant then chased Ms.
Avant back outside and fatally
stabbed her as well. Ms. Avant’s
stepson, Jason Avant, was also
stabbed to death, after his hands and
feet had been bound with packing
tape.
Mr. Kornahrens, who dug his vic-
tims’ graves, later apologized for the
killings but maintained that the
death penalty was wrong.
Ms. Avant’s sister, Janet Byrd,
witnessed the execution and, after
Mr. Kornahrens had been pro-
nounced dead, kissed photographs of
his victims.
i
New York Tames 7/26/96 page 9
3 Men Executed In Three States
AP 18-Jul-1996 23:44 EDT REF6187
Copyright 1996. The Associated Press. All Rights Reserved.
The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.
By The Associated Press
A man who killed a police sergeant in Indiana was executed early
Thursday, hours after a man who killed his male lover was executed in
Virginia and a former Boy Scout leader who murdered two boys was
executed in Nebraska. | y
The recent string of killers facing the ultimate punishment was. set
to continue early Friday when South Carolina planned to execute a man
by injection for killing his ex-wife, her father and her stepson.
In 1985, Fred Kornahrens shot his ex-wife, and when she ran to her
father’s mobile home next door, Kornahrens fatally stabbed him, then
chased his ex-wife back outside and stabbed her to death. Her stepson,
also stabbed to death, was found with his hands and feet bound with
packing tape. | Bb
_ On Thursday, it took technicians 35 minutes: to find a vein for the
lethal injection of Tommie Smith in Indiana; they finally used a vein
in his foot. Smith insisted to the end that he didn’t fire the shots
that killed Indianapolis police Sgt. Jack Ohrberg.
Ohrberg had gone to Smith’s house in 1980 to serve an arrest warrant
for another man. That man, Gregory Resnover, was executed in 1994 for
his role in Ohrberg’s killing.
Smith, 42, who had burglary and robbery convictions in the 1970s,
said he shot at the officer, mistakenly believing that Ohrberg was an
intruder. : oe eas
In Virginia, Joseph John Savino III was executed by injection late
Wednesday after saying "I’m sorry for what happened to Tommy McWaters. ”"
Savino, 37, pleaded guilty to bludgeoning Thos McWaters to death at
their Bedford County home in 1988, Later, he claimed police badgered
him into confessing even though he repeatedly asked for a lawyer.
Also Wednesday, John Joubert, a former Boy Scout leader who murdered
two boys in 1983, was executed in Néebraska’s electric chair.
Joubert, 33, repeatedly stabbed and slashed Danny Jo Eberle, 13, and
Christopher Walden, 12, near Offut Air Force Base, where he was
stationed. He also was convicted of stabbing and strangling a boy in
Maine. | ag
a 4
KORNARENS, Fred, white, injection SCSP (Charleston) July 19, 1996,
“early Friday South Carolina planned to executed a man by injection for killing
his ex-wife, her father and her stepson. In 1985, Fred Kornahrens shot his ex-wfie, and
~ when she ran to her father’s mobile home next door, Kornahrens fatally stabbed him, then
chased his ex-wfie back outside and stabbed her to death, Her stepson, also stabbed to
death, was found with his hands and feet bout with packing tape...”Associated Press wire
release, 7/18/1996, 23:44 EDT, Compuserve.
“A man whe killed his ex-wife, her father and her stepson in 1985 was put to death
by injection in South Carolina early Friday...Fred Kornahrens, 47, of Charleston, S. C.,
killed because he was distraught over the breakup with his ex-wife, Patti Jo Avant, who
was living with another man, prosecutors said. Kornahrens, who dug the graves for his
victims, shot and stabbed Avant, and stabbed her father, Harry Wilkerson, on Yonges
Island. Her stepson, Jason, was also stabbed to death after having his hands and feet
bound with packing tape...”-Associated Press wire release, 7/19/1996, 2:06 EDT,
Compuserve.
cou- ' it
itis generally when injudiciously given;
‘Sof agraia isan ordinary dose; Gregg
ut no time took !; of a grain; given io
overdoses it. will produce torpor; the}
eotdition of the patient often renders |
patient able to take more morphine
thu at any other time; one wound was
on the left side, a little above what is
known as the process of, the hip bone;
selves mortal; will not say they were }
not; attempted to probe them; found |
F that the balls did not) enter; he might |
fe: | have died from the tw. wounds in the
breast'and probably would; *they were
© vover the region of Uis heart.
Direct. Eramination Resumed—All
CAPT. GILES SWORN:
was shot; Graniteville is ia Aiken coun-
ty; told McEvoy when Capt. Gregg and
8° | he came into my office that he (Giles)
t never heard Gregg say that he had dis-
el-| charged McEvoy for stealing money, |
D
and added he had not been discharged
‘for avy criminal offense; then went
/out into the hall, supposing the an-
: gwers were satisfactory, and the mat-
iter ended; left them both standing--
+ | McEvoy at the west end of the table,
| next to the door, and Gregg at an ad-
jacent side; went down the hall some-
what beyond the President's © office;
‘heard a pistol shot; am not positive,
but think I heard two pistol show; ad-
vanced back to my office dvor soon as
T beard first shot; could pot locate first
\ ylot, as to whether it was in my office
| or the Superintendent's; the first per-
| gon I saw was McEvoy in my office with |
} his back to the door; he seemed to be
} cumstane
\icy—ussisted in takin
| store house to train.
cording to the rules, the advao
making the last speech to the jpry.
The argument was opened bySamuel J.
Lee, Kaq., for the defense, who was ful-
lowed acy nage Wiggios and R. B.
Elliott, Esq
succeeded by O. C. Jordan, Faq., fortie
State, the argument being closed by WV.
J. Whipper, Esq., in behalf of the
prisoner.
At this time Maj. Barnes was present
nd Mrs. Gregg.
when [left Gregy, 1 consklered his cause |
hopeless; he diedan hour afterwards; |
_ is not prepared to say that the shea
~*) wouuds in the breast were of them-
Cross-ecamined—Do not know of my
{own kuowledge what made the holes in
the vest ; did not see them made,
H, H. HICKMAN SWORN.
Was ut Graniteville onthe day when
Gregg was shot; was sent for to see|
him and went; heard what he had to!
y} said he: was’ badly “wounded;
\ wounds together caused the “shock;”| wished to make a. statement showing
it isnot my, opinion that the moving. he did not provoke the attack ; said he
8 hastened his death at all; towards the ‘had un accidental. policy and that he
er | latter part of the time, he sometimes might die; had on a dark sult but did
‘DS | would wander; particularly. if lett to | not handle the clothes ; wasin the par-
TD himself, but was easily recalled and fol- | ty that carried him to the cars; it was
al jowed his ideas out to their conclusion. | done with care; he wason a mattress
ar | | placed on a litter and carefully covered
€- Was at Graniteville tue day Mr. Grogg |
by the Court, and the statement was
read as evidence]
EXAMINATION OF DR, CAMPBELL RESUMED.
I was present on the train when his
declaration was read to him; he was in
touch pain; but-he was perfectly able
to listen to his statement.
DR. SIMPSON RUSS, SWORN:
I was called in at Graniteville on the
day when Capt. Gregg was shot; I was
at the Club Room and ran home to get
some instruments, and when I got to
the office I found him lyin
ground; I examined the wouy
breast and found that they had not en-
tered the body; I examined the wound
in the abdomen, and Ineerted a probe;
found the ball on the back under the
skin, He said, “I am murdered.”
said, “I hope not, I hope
gone through.” The upper wound in
the breast may be more severe; the
lower was not so severe, and did not
break the skin; he was taken into the
care with great care; his wounds were
not aggravated by his removal.
Cross Examined—The wound in the
abdomen would not have been danger-
ous had {t not entered the cavity. I
am not fully ‘satisfied that the two
rwounds in the breast were mortal; I
did not say on my direct examination
that his wounds would bot have been
mortal had he not been removed to
Augusta; he was not in a stupor or
flighty at any time while I attended
him; I gave him & of a
phine in all. before Dr, Campbell arriv-
ed, in two doses; don’t know whether
W.A. Giles or Woolle
to Augusta.
Hickman Recalled—Saw Stark
Simms at Graniteville a few moments
after the shooting in the Secretary’s
office; I saw Capt. Gregg shoot; he was
standing at the barricade, and shot in
‘the direction: of. the street; I heard a
;| shot fired in return. McEvoy fired it.
Examined—A great many per-
assembled in the passage; I
WM, A. GILES SWORN,
Was at Graniteville on the day the
shooting took place; saw’ Mr. Gregg
took . down
statement from Gregg in pencil frst at
trial justice Woolley’s request ; copied
part of it also; also McCoy copied part
of it in ink ; took it over to train and
read it to Gregg ; saw him sign it; this
was when he was lyingin the car be-
fore it left for Augusta.
Cross-exramined—Went to Gregg at
Woolley’s request ; Woolley did not go;
this was some time after the—shooting
and just before he left for Augusta ;
did not see Dr, Campbell then ; the pa-
per signed by Gregg was the copy I
made; he did not siga the original tu
pencil >was lying on a mattrass when
he signed it; I was by his side,
JOHN WOOLLEY SWORN,
I was the trial-justice who took
Gregg’s statement ; was called by Capt.
Howland after Gregg was shot; bad
McEvoy Srrested and asked William A.
Giles to go and take down Gregg’s
statement : he signed it after it had
been read to him und I swore him to It
as & trial-justice; Mr. Palmer had at-
| rested him and turned him over to my
wus shot; it has not
ain‘ of mor:
| retreating; whilst in that position saw
}him fire bis pistol; saw Capt. Gregg y were on the train
was too near the wall; did not see
make any demonstration; when
re of
.. for the State. They were
It is impossible to give even an ab-
atract of these speeches. The hour
was late, the Court House crowded,
badly lighted and were it otherwise,
your limits would not allow it. The
main points relied on by the defense,
were that malice as a necessary ingre-
dient in murder had not been proven,
and that the act was committed in s/f
defense. This was ably replied to by
the counsel for the State, the speech of
Mr. Henderson being one of marked
ability, golog over the whole uo!
both of
that thorough acquaintance with the
case-that he always shows when he
takes one.
wand evidence and showing
The argumentof KR. B. Elliott, Esq.,
was a masterly effort. His intimate
knowledge of criminal law served him
in good stead then, for, called into the
case at a late hour, he had no time for
p tation, It was noticeable that
during bis speech the prisoner wiaced,
as he listened to the strong points
made against him, and the force and
pisernecs with which they were pre-
sented,
O. ©. Jordan, Esq., in summing up on
behalf of the accused,-made an excel-
lent, in fact an elegant speech ; and we
will only add that the closing address
of W. J. Whipper, Esq.. for the prison-
er, was the most excellent plece of legal
ingenuity and legal sophistry we have
heard for many a day. He certaioly
showed that he has learned the art of
making something out of nothing, for
no one in the Court ever thought that
the wretched prisoner had any case at
all till he rose. Judge Maber charged
the jury at length in his usual compre-
hensive and lucid manner. All who
heard him seemed satisfied that he be-
lieved the matter of malice had been
fully proved, and that the er
should be found gutity of marder.
At about 12 o’clock the case went to
the jury, and the next mo
urday, the 6th—the jury, returned lato
court at 10 a m,and rendered their
verdict of eurrr. - The prisoner heard
7
dreds flock to
may be regs
Sankey combi
holds his haad
liar manner, fa
which, as a b
and softens
at the Rev.
very demons
themselves on
about and d
have been att
ridicule the e
that fact a
bretbren ha
are ignominic
Wart ws N
The thing is”
Syne
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sone foc baal
send only sua
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ir-
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AD} «
meat
he
OW
the
aj
vith
eas i8
; Was then arraigned,
‘feeble aud ¢ondition low; found two
of, contusedor bruised wouuds about one-
'balfineh apart, aud near the pit of the
} stomach, appureatly made by balls; did
n= ) believing tt the most dauygerous, and
‘+ yiven him 'f
Ue character of atnan who could com:
thit such acrittia as that for which he
The prosecution was opened by’ So-
licitor Wiggins, who, iu a brief but for-
cible speech, stated the case. ‘The first
witness called was Pa
DI. H, F. CAMPRELL ,
Resideia Auzusta, Richmond county; |
Was there ou 20th April last; attended |
Mr. Gregg that day, was not with him
at his death; have been practicing 33
years ; found him in a state of shock ;
suflering from gun-shot wonnds ; pulse
/not-examine the wound in abdomen,
being unwilling to disturb him fn his
| then weak condition, and having read a
clear aecount from the physielan fo
Cirauiteville ; accompanied hing to Au-
, gusta; was carefally attended to on
the way; dothing cecurced to aggra-
vate his wounds on the way; car stop-
ped at corner of Washington and Tel-
fair streets, and he was carried thence
»to his own home; made fuller exami-
‘nation in company with Dr, Doughty ;!
examioed carefully the wounds in the |
chest; found ball om the other side
just under the skid; all these wounds
caused his death; was uot with him
when he died. {
Cross-eddainined.--Doies not recollect |
found Mr. Gregg, at the ofllee’ of the.
Graniteville Manufacturing Company, |
lying Onalitter, (Ihe Doctor here very |
clearly explained) what) medical men |
mean by “shock ,? the mind is not asus |
ally ‘affected by it, very seldom is;) |
tniud is generally clear; administered oa |
the cars ', of a grain of morphine; |
physician ia Graniteville had vatready |
, of a grain and he had}
Mthrown up oné dose, was. certaio he
Feertain whether he had) been moved
from the litter or not; it would proba-
bly tive been necessary to have given |
morphine had. Mr, Gregg not been |
tinoved “to Augusta; mourphioe does |
soietiines make the mind flighty, but |
iLis generally when injudiciously given;
eof agraio is an ordivary douse; Gregg |
ut no time touk !j of a grain; given to |
overdoses it will produce torpor; the
Peondition of the’ patient often renders
patient able to take more morphine |
j
|
have been ten minutes; the second wns
fired after a very short interval; went
| immediately back; think I’ had heard
two shots; saw and heard three or four
shots; am not positive how maaoy; these |
were in the room; saw .and heard
another by Gregg outside; heard
another, which came from front of
office; do not know who fired last shot;
was standing outside of the door when
Gregg fired his shot; heard po words
between Grogg and McEvoy during
tiring; do not know whether Gregg had
drawn a pistol; do not undertake to
say he had not, am certain that Mo-
Evoy bent round jamb of door when he |
fired second shot.
Direct Examination Resumed : Defen-
dant bas been living io Graniteville for
two or three months; defendant went
Ww Texas some two years ago; came
back about Christinas; this was the
annual meeting of the stockholders,
‘known to everybody: Stark Simms is
our present office boy; know hjm well;
last shot, Waa fired efter Gregg bad
fired; it came from the front vor of
the buildlog. rae
JOHN M. CLARK SWORN.
Was at Graniteville on the day Gregg
was shot—ain one of the stockholders;
|found Gregg on floor of offlee—Mr,
| Sam Sibley was there--Mr. H. H. Hick-
man, and Others, assisted to put Gregg
vp ‘lounge, and to strip bim. It was
doue carefully—would -recoguize » the
Ve what hour he reached Graniteville; | Suit he wore—T identify the clothes in
court--examined vest particularly, to
seo why one ball madeé.a greater im-
pression than the other-—saw two
wounds on his chest which correspond-
ed with the holes in vest-—did “not. ex-
amine: pants and coat. Afte> remov-
ing clothes, Mr. Gregg asked me to tell
Mr, Hickman, (objected to). Did not
think that Mr, Gregg could: live two
hours~=called Mr.
ice water, and do not know. what Gregg
told them—he asked me to recollect
heshowed me three times &n - account
of a $10,000 insurance policy, ia the:
Accidental Company of Hartford, I
think—wanted me to recollect the clr-
cumstance, lest he mighw lose the pol-
icy—uassisted ju taking Gregg’ from
store house to traln, i
John DeCottes, and others were pres-
ent.
he was placed in two seats, the middle
Hickmao and Mr. |
| Boyce—he wanted to make his state: |
is Alind GBARE “though is not | Ment, as he thought he might not live | 4,»
was handled carefully; though is no | to get home—wentout to gethim aome'|
r. Sam Sibley,”
| v’clock; bad had dinner that day and
| had been back about 20 minutes; I saw
McEvoy shoot Gregg twice before he
got up; I saw him shoot again at the
door with his left hand; - (witness
showed the place on the chart where
he was standing when McEvoy shot
Gregg;) met Capt. Giles coming from
the storeroom; (witness showed the
plece on the chart;) before the last fir-
ing Capt. Giles had got into his office;
I never drink lager beer; they had la-
ger beer there; I saw Capt. Gregg take
- glass of lager beer; he drank with
McEvoy; I drew the beer; when they
went Out they left me there; there was
no one with me, but there were some
boys from Augusta about there; when
Capt. Gregg got up he went. towards
tbe safe trying to get his pistol out.
Direct Examination Resumed —I bad
been back from home about 20 minutes;
I saw Mr. McEvoy and Mr, Gregg take
a drink; they took it together; McEvoy
was pot employed in the factory; the
storeroom is not a bar-room; they had
no lager beer for sale there;.ft was
‘thero on the oocasion of the atook-
holders meeting.
| Dr, Campbell recalled.—I had com-
‘munication with Major Gregg in Au-
gusta after he arrived there,’ I sald,
» “Mr. Gregg, what do you think of your
case?” He answered me.by asking,
(“What do you think of it?” I sald,
i “You koow, James, gunshot wounds {fo
ithe abdomen are very uncertain.” He
: then said, If you say so, I will die, cer-
; tain.” At that time, in my opinion us
| a physician, I considered his case hope-
| less. He was conscious of his condi-
; tion, though I tried to keep: him from
| being made aware of it. The conver-
/ sation between Gregg and Barnes re-
; ferred tothe statement made by the
; former fo Graniteville, I said, ‘Do you
, recollect a statement you made before
|e magistrate in Graniteville about this
| difficulty?” - He said, “Yes, I. recollect
T said, “Did you intend that as ao
dylng declaration, James?” He sald;
“Yes, I did.” I said, “Would you make
the same now as your dying declara-
tion?” He said, “Yes,” and added; “I
made those declarations because I had
taken out two policies of life insurance
and I wanted to show that I did not be-
gin the difficulty;” adding something
like this, that otherwise it might make
trouble with the policy. He sald’ this
Care was used 1a: batrplag hits do an explanatory way. I had an impor-
tant appointment an
el was
left. Within the
away he dlex
ee a
shooting; he spoke of no diiliculty be- | ville va Mo
tween him an! Capt. Greg. sufferer by ff
Cross-eramined—Capt. Gregg, I sup-} The young
pose, had bothered with him, and If he | lege gave a
did it anv wore he would shoot him. } ment recent!
ISAAC JOHNSON (COLORED) SWORY,
Know McEvoy; he went to Texas BO i Poca
about two years ago; had a conversa- | ling the wate
tion with him about Capt. Gregg, on a! the gralo cro
pay day; McEvoy came to me and of-| seid operrtic
fered to sell mea pistol for four dol- |
lara ; did not§think it worth that; sald The Abbev
he had five dollars and if he’ got four | erly aeks wh
dollars for that he could buy a. new! ATE gee
one; he had use for it, for Capt. Gregg | “ined in offic
had imposed on him.
Cross Examined.—Lived at Granite- |
ville since 1866, and saw McEvoy. | lage on last &
Question —This Is not the first case Federal sold
you’ve been summoned onto help to! The Abbe
hang somebody ?” | Polhill, Eeq.,
Answer—“Don’t koow that I am! at Due Weat
summoned now to hang anybody.” | part in Geo
Mark Maddox—“Know prisoner?” | right aide; a
“Knew him before he left Texas; had | real Georgia
@ consultation with him before he left; nal
McEvoy said if be ever lived to bea
man he would kjlk Capt. Gr if he
had to go to the office todolt. He!g 4. pe
made this threat more than once while’ Greenville “4
he and I were working together at the; wethodist C
shoe-making business.” ' anniversary
Cross Examined—He gave. as a}\ The Kings
reason for this threat that Capt. Gregg; __*+2° I
accused him of stealing, and spoke !/ cut fs
slanderous talk about his sisters. which: i
M. J. PALMER, SWORN: din’ Seale
I recognized this pistol, I got it from | “ap ® ht or
Robt. McEvoy about !y an hour after | vas elghty-el
Capt. Gregg was shot; there was only here Keven
one load init then; there is only one ia | Tach? Be Ret
it now; think it Is the same pistol; gave | Ce a ® gre
it to Mr. John Wadley, Trial Justice. | ri eston,
JAS. W. RHODES, SWORN: oh, genero
I know this pistol; {tis mine; I loaned | S ae
it to McEvoy on Sunday before the | rarer,
shooting of Mr. Gregg: I asked him to| ot
go up to my room to take a drink; we | 2dualotanc
took several drinks, | :
The counsel for the defense then | Mood
withdrew with the prisoner for private | New Yor
consultation, by permission of the | H. Cook, wh
Court, and after an absence of souie
twenty minutes or more, returned aud
announced that they would offer no
defense.
This gave the prisoner’s counsel, nc-
cording to the rules, the eS of
Making the last speech to the jary.
The argument was opened bySamuel J.
Lee, Eaq., for the defense, who was ful-
lowed by cltor Wiggins and R. B.
Elliott, Esq. for the State. They were
revival mee
‘ j s OFU.s - » ‘a PAU SUP UF. Stem. Vie Be
; rap ee errs : — — a
read the paper to Capt. G —esked | was in the President’s office when the/ it with stolid unconcern—he merely .
- | him to sign it under oath.’ Mr. | shoo occurred; I heard three shots | chewed tobacco as usual.
; Deesed
h then; he
nt I did mot
me oat
thet
ca
batt
1 went
took bold
i
tes of
Mr. A. 8. John-
bis cle
rill;
went
niber amy one in
t. Gr asked
say he harg-
money; Feool-
hat there was
Evoy's eister:r
tive whethe: Lj
"4 room or put;
ow long after |
rst shotyit might
, the second wus
t interval; went
ink I .had heard
ard three or four
how many; these
aw aod heard
outwide; — heard
from front of
ew nO fired last shot:
Gregg held up bis right hand, bat he
was very weak—he signed it under
Oath--he seemed to be in great pala,
aud hed vomited—but w Paper was
read, he was perfect! m—the oar
was crowded—eaw Mr. Clark there—
;} am trial justicon—had my commission
then, and it had bees recorded.
STARK SIMMS SWORN.
I @t the office in the Granite-
ville 3; BO to postoffice and other
; Was at Graniteville the day
was shot; saw Mr. Gregg and
Mr, Giles’ office that day;
-@dor of office;
sk
it
it
:
a5
ge
i
Ly
#1
rif
HE
Fi
H
F
Be
g
&
TFae
He
‘4
ti
Eh
4
i
H
s
:
, hav. | pls
z
‘i
voy,
in the office for?” Mu
door.
Croes Examined—I work for Mr.
Giles; don’t know who was there be-
fore me; if the little boy don’t do what
tre-is bid he will be turned off; I go for
the mail when passenger train comes
and soon In mornolag take freight; I
, cat my meals at home; that is about
| 500 yards from offiee; eat dinaer at 12
| o'clock; bad had dinner that day and
had been back about 20 minutes; I saw
| McEvoy shoot Gregg-twice before he
got up; I saw him shoot again at the
| door with his left hand; (witneas
| showed the place on the chart where
{he was standing when McEvoy shot
-Gregg;) met Capt. Giles coming from
the storeroom; (witness showed: the
fai
; PY :
before I went out; I saw Mokvey fire
at Capt G fo the street with his
left hand; ‘firat time I saw Stark
Simms was wheo I asked him'to get
something for. Oapt, Gregg to throw
up ia. Tee
‘8. W. HOWLAND BWORN,
Tkaow Stark Simms; saw him on day
of shooting; saw him every time he
was in the office; I this
"a office; it is in the same con-
dition as it was when'I got it and
handed it to. you (D, 8. jerson,
Raq.); it was about oue hour after the
shooting that I got it; it had one barrel
fired and the others loaded.
Oroes Examined—I did not see what
the condition of the pistol was when it
Capt. Gregg’s band; don’t know
whether itis the pistol Capt, Gregn
carried; don’t know that he was io
habit of going Said
TURNER, SWORN.
McEvoy, for 7
HARVEY
or 8 yeurs; he to live in Granite-
ville; left there about two years agofor
Texas; had no conversation with him
tye bad with me about Capt. G ‘
said that Mr. Grege had tarned him
from his work and he Intended to
have tevenge if he had to shoot him;
‘sald Bo several times. ‘
Uross Examined—He sald it to me
we were oat at the wood pile to
+ eankot tell when he said It first;
he several times that Gregg
5
4
| had termed bim off from . hie work and
accused him of stealing-and that when
he grown he'd have revenge if he
had toshoot him.
CHARLES HARRISON SWORK.
I live in Graniteville; know defen.
dant; he has conversed with me in my
own yard about Capt. Gregg, some
three weelis before the shooting; said
that if Oa;i. Gregg ever bothered
him any more he would shoot him; that
was about three weeks befure the
shooting; he spoke of uo difficulty be-
tween hitn and Capt.Greg.
Cross-eramined—Capt. Gregg, I sup-
pose, had bothered with him, and If he
did it any more he would shoot him.
ISAAC JOHNSON (COLORED) SWORN.
- Know McEvoy; he went to Texas
about two pie ago; bad a conversa-
tion with-him about Capt: Gregg, on a
The examination of the witnesses
was conducted throughout by D. 8.
Henderson, Eeq., with his usual ability.
+He was confronted in cross examlolog
by 0. C.’ Jordan, Esq., a young lawyer
Aiken, whose skill and penetration
in this d ent are daily increasing.
; I need only add that the verdict gives
universal satisfaction to us here, as we
believe it to be a righteous one, and fn
the interest of justice and good one
SOUTH CAROLINA’ NEWS.
Greeneville is still building.
Lancaster had a hail storm last
week, :
The sixth ciroult d jury is thought
to be illegal. teed re
At last sale day in Darlington prop-
erty brought poor prices,
Florence felt the recent cold snap
very keenly. —
It Is proposed to open the State insti-
tution for the blind, deaf and dumb.
Memorial day is to be generally ob-
sérved io the State. ;
The wheat and oat crops of Green-
ville County are said to be fine,
There are lots of candidates for Sena-
tor Hullinshead’s place.
Sales day in Marion was cold, cheer-
fess and without incident, Few peo-
ple came to town,
Treasurer Stoeber, of Marion Coun-
ty has received $4,430 30 from the Free
School fuaod for. distribution.
The grading of the Cheraw and Char-.
feston Rallroad has reached a poiut
near Cheaterfleld Court House,
The spring term of the Darlington
court wilf begin on the third Monday
of the present month.
A $1,200 fire occurred at Timmons: .
ville un Monday; .this town was a
sufferer by fire a year ago,
The young ladies of Due West Col-
lege gave a very pleasant entertain-
ment recently. ck vie
On Tuesday the hardest rain of the
season fell in: Abbeville County—swel-
ling the water courses, beating dowa
CLeBiae. tts POD. AD ¢
wa.
eet shotrit might.
the second was |
interval; went |
pk T had heard |
d three or four |
Ow many; these |
ww and heard |
uuside; heard |
from front of |
fired last shot; |
the door wheu |
heard no words
lcEvoy during
ther Gregg had
t undertake to
‘Ttain that Mo-
dour when he
bexunied : Defen-
Graniteville for
defendant went
eATR ago; Cane
; this was ‘the
Btockhulders,
Stark Simms is
500 yards from offies; sat diner at 12
v'clock; bad had dinner that day and
had been buck about 20 minutes; I saw
McEvoy shoot Gregg twice before he
got-up; I saw him shoot again at the
door, with his left hand; (witness
showed the plaow on the chart where
he was standing when McEvoy shot
Ciregg;) met Capt. Giles coming from
the storeroom; (witness showed the
place on the psi before the last fir-
ing Capt. Giles had got {oto his office;
I never drink lager boer: they had la-
ger beer there; I saw Capt. Gregg take
4 glass of lager beer; he drank with
McEvoy; I drew the beer; when they
went out thoy left me there; there was
no one with ine, but there were some
boys from Augusta about thero; when
Capt. Gregg got up he went towards
the safe trying to get his pistol out.
Direct Examination Resumed —I bad
been back from home about 20 minutes;
I eaw Mr. McEvoy and Mr: Gregg take
a delok; they took it together: McEvoy
was not employed in the factory; the
know him well;
ter Gr bad
6 front Ir of |
SWORN.
nthe day Gregg
16 stockholders;
of oMles—Mr.
Mr. He: Hick-
ed to put Greyy
ip bio Tt wats
recogulze
y the clothes: in
particularly, to
de a greater iin |
two!
ther-—saw
lich corres pond-
st--did not ex-
Afte= remvuv-
asked me to tell
ad to)
could live two
ckman aod Mr.
make bis state- |
he might not live
to wet him some |
now what Gregy
me to recollect
Mes @0 account
6 policy, in the
of Hartford, I
recolleet the cir-
bwlose the pol-
og Gregg from
Mr. Sam. Sibley,
hera. were pree-
n carrying him—
the:
Did not}
storervom ts not a bar-room; they had
no lager beer for sale there:.{t was
there on the oocasion of the atock-
holders meeting.
Dr, Campbell recalled—I° had com-
munication with Major Gregg in Au-
guste after he arrived there. I sald,
“Mr. Gregg, what: do you think of your
case?” He answered me hy asking,
i“What do you think of it?” I sald,
“You know, James, gunshot wounds to
the abdomen are very uncertain.” He
then said, * If you say so, I will die, cer-
tain.” At that time, in my opinion us
& physician, I considered his case hope-
less, He was conscious of his condi-
tion, though I tried to keep- him from
being made aware of it. The conver-
/ sation between Gregg and Barnes re-
forredl to the statement made by’ the
former in Graniteville, I said, “Do you
, recollect a statement you made before
| & nagistrate in Graniteville about this
diMeulty?” : He sald, “Yes,* 1 recollect
it.” I sald, “Did you intend that asa
dylog declaration, James?” He Baid,
“Yes, I did.” I said, “Would you make
the same Dow as your dyiog declara-
tion?” He said, “Yes,” and added; “I
nade those declarations because I had
taken Out two policies of life insurance
| und I wanted to show that I did not be-
gin the difficulty;” adding something
, like this, that othorwise it might make
| trouble with the policy. He said this|T
an impor: | Lee,
‘10 ao explanatory w
ay. I had.
° Vith he
OE capa
was about three weeks before the
shooting; be spoke of uo diiliculty be-
tweeo hiin and Capt. Greg.
Cross-examined —Capt. Gregg, I sup-
pose, had botheréd with him, and if he 1
did it any more he would shoot him.
ISAAC JOHNSON (COLORED) s WORM.
Know McEvoy; he went to Texas
about two years ago; had a conversa-
uon with him about :Cupt. Gregg, on a
pay day; McEvoy came to me. and of-
fered to sell mea pistol for four dol-
lara; did not§think it worth that; sald
he had flve dollars and if he. got four
dollars for that he could buy a new
one; Le had use for it, for Capt. Gregg
had {mposed on him. :
Cross. Examined.—Tived at Granite-
ville since 1866, and saw McEvoy.
Queation —“This Is not the first case
you've been summoned on to help to
hang somebody ?.” —
Answer—“Don’t know that I am
suinmoned now, to hang anybody.”
Mark Maddox—“Know ‘prisoner ?”
“Knew him before be left Texas; had
&@ consultation with him before he left;
MoEvoy sald if be ever lived to bea
man he would kili Capt Gr if he
had.to go to the office to do {t. He
made this threat more than once while
he and I were working together at the
shoe-making business.’”:
Cross’ Examined—He gave as a
reason for this threat that Capt. Gregg
accused him of stealing, and spoke
slanderous talk about:his sisters,
M. J, PALMER, SWORN:
I recognized this piatol, I got {t from
Robt. McEvoy about: 19 an hour after
Capt. Gregg was shot; there was only
one load init then; there is only one ia
it now; think it is the same pistol; gave
it to Mr. John Wadley, Trial Justice,
: » JAS W. RHODES, SWORN:
I know this pistol; itis mine; I loaned
it to McEvoy on Sunday before the
shooting of Mr. Gregg; I asked him to
| go up to my room to take a drink; we
took several drinks.
The counsel for the defense then
withdrew with the prisoner for private
consultation, by permission of the
Court, and after an absence of sone
twenty minutes or more, returned aud
announced that they would offer no
ho ee
A $1,200 tre occurred wt Timmons-
ville vn Monday; this town was a
sufferer by fire a year ago,
The young ladies of Due West Col-
ge gave avery pleasant entertain-
ment recently.
On Tuesday the hardest rala of the
season fell in Abbeville County—swel-
ling the water courses, beating down
pe prele crop, and puttloga stop to
field operrtions.
The Abbeville Medium very. prop-
erly asks why two of ite town marshals,
uoder Indictment for burglary, are re-
tained in office,
Jerry Hollinshead, State Senator
from Abbeville County, died in the vib-
lage on last Saturday. He was an ex-
Federal soldier, and a native of Ohio.
The. Abbeville Medium says: ‘Joe
Polhill, Esq., who was once a student
at Due West, is taking a prominent
part in Georgia politics. He Ison. the
right side; a Jeffersonian Democrat, a
real Georgia tiger.
The Young Men’s Christian Associa-.
tion of Due West will celebrate its an-
Ty Of the 20th tnstant. Rev.
QO. A. Darby. presiding elder of the
Greenville istrict, South Carolina -
Methodist Conference, will deliver the
anniversary address,
The Kiogstree Star, of the 3d Inst,
says: It is with’ regret that we cbroni-
cle the death of Mr, Henry Varner,
Which occured at his home, near Gour.
dio’s Station, on Suaday night last, in
the eighty-sixth year of his age. Mr.
Varoer was a ‘native of this State,
where he resided since his birth, liv-
log the greater part of his time io
Charleston, Warm-hearted, amlable
and generous, he possessed all the
characteristics of a pure Christian
gentleman, and bis loss will be deeply
felt by his large circle of friends and
acquaintances throughout the State.
Moody and Sankey in One,
_New York, April 29.—The Rey. J.
H. Cook, who is only 20 years of Loo
aod is known as the Moody of the
colored churches in this city, is holding
revival meetings in the colored Metho.
dist meetiog house in Fifteenth street,
near Seventh avenue. He is singularly
eloquent and powerful, and many hun-
drodé flock to hear him every evening.
h ur. Cook: not only preaches ~~
like Moody, but he ts a sing ralso;and..~
K
mame Vette ae
Want tace denen ; ; . } |
Deigon 2bhy Of fer AT? Le fore
Merch, Form a Gace
“es s pleas
ae Ot pe
‘ see a .
by de wee : a geet
\ al aot Glee ig ‘ 4 o
mn bad +
, Kona"
es ft :
*., one
Rey ha ok
oe
RA ee
“iN,
Ee thee nt
+1 a rn
ga ee
eae ey
awe
eon
ey
o. 3.
ae Sawce, 22 Hace nel Bhat ste : oie
“
Laci
Vopcetaieiubte ne aS
cfd nS hak an tis 2b) ofl
Var $e eet ie? a é z. oad Pieud-saw Ut “ee » ft ae ou Crr. Aw “~
Thang Lyldeen hoen Gr. ch « te Pnenn fer Lore ei: oe
Lilet aad Tov Allan Coes
Eon fon - hi pace =
Oak a8 Sees Rrreet, 7 Pe ASS
i my a .
a2
Lee
A
AWE
ty
.
.
ky ee
Beh Age Se
ae
me
: iia ae
-
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.
ts
vabcauhY ay mt
aid hay MN bevnrmee Sey
* - why
arth es:
bre FIN , eae
WE MA
: ’
Caer
Wis
Ridin bats Fe!
dies Oe
o>
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gina a4, &
gant WOE
-
i“
saree, ok ioe tore
A aye one
Bea A arth
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ae
PERO Coes oe ne magnemmn | mm.
EXECUTION. 7
On Friday last a largo concourne of persona ns-
sembled at the late residence of Toman Sori,
some seventeen: inilcs from tho. village, to witness
the execution of: the two ‘Negroca—mother and
son—who imurdercd their master. . Rverything
was done with sctenm’ propriety, and at: half-past
twelve o'clock the falling of the fatal drop ecnt the
guilty, tut we phope” repentant pair, into the pres-
ente of their God. The religious: exerdisce
conducted with peculiar impressiveness, by. Rev.
Mrs Erect, of the Baptist Cherch.. oo |<.
ee 000 ea |
Pea
Cadet. tala aera.
Spartans 50K do. Gee RO ,
LI LWISS
JOHN & PHYLLIS, slaves, black, hanged Spartanburg, SC, July 13, 1855.
“Execution - The two negroes (mother and son) that have been in out jail some time past
under sentence of death for the murder of their master, Mr. Holman Smith, were hanged on last
Friday near the place where the deed was committed.-Spartanburg Express. ”’-Advertiser,
Edgefield, SC., 7/25/1855 (2/7).
PR ees T
JOHN and PHILLIs, hanged spartanburg, 3C 7/13/1855
SHOCKING HORDER.
, Our district on’ Monday last was the scene of
an awful tragedy, the facts of which are these:
Horsman Sarit, residing near the Rolling Mill,
RWwas correcting a negro girl for miscfoduct, when
the mother interfered fur her protection. A sum-
mons from Mr. Sarr for assiainnee brought up
several of the Lops, and the woman's son finong
the number. She then struck her master with s
hoe handle, and the son Alowed-it_ up with fire
blows uppn the head of Mr. Surta ‘with the pod
of the axe, crushing in the head at each blow, re
dycihg itton shapeless mas’ Tn the consterna-
tion and alarm the boy escaped, bat Was speedily |
arrested, and both secured to await lavestization.
| Magistrate Davis Moon, acting aa coroner, sum-
moved an inquest, and the finditg was in nocond-
ance with the facta. A court uf. frochoulders was
convened on Tuesday, and the alee
ce Were foand
They were urothy LO the Vilage and
“
grisite,
B | °
lodged in the jail In the cveniug, under tho fai long -
ing commiturent aud order fur execution ;
rate or Suvtn Canorixa,
Spartanburg district?
Whereas Pyle and Jolin, slavea of Hulman.
Smith, Sr., deteased, before me, Davis Moon, mag-
istrate, noting na Coroner, for said district, and’ fire
(revholders, was. convicted of murder, and aenteg-
‘eed torbe kept in close confingment ant)! Friday,
the sixth day of July, and then, neat the tite resi
dence of Holman Smith, deceased, between ‘the
hours of ten and two v’vlovk Of the sald day, to be
hanged by the necks dintil their bodics be dend,. *.
To HPS.:A. Poore, a, ty
“Sheriff of Spartanburg Cigtrict :
You are.beteby authorized and required to Keep
the bodies Of the’ said Phillis snd ‘Jubn,-slares of
“Holman Smith, Br., deceased, in close confinement,
until Fridaytthe sixth day of J uly, and*then, near.
the late residence of Holman 8mijth® Sr. deoensed,
between the hours-of:ten and wo'd ‘clock: of the
- pid day, ta cause thd said Hillis ahd John, slaves |.
of Holman Smith, Br, deceased : to be hanged by
the neck until} their bodies ba dead. ..7°,’ ;
Given under may hand and aval, this 29th day of
May, A, dD. 1855... Boose anes we - ‘i day
| t Astiog ps Coroner tor 8. D.
Carola SPARTAN
Se
Mecey A) | LS
re “Eeoes
Slave JOE >
(Not confirmed, )
Killed a Jesse Weatherford in Edgefield, SC,
in Sept. 189. Belonged to Mrs. R. Blalock.
If hanged see worksheet - SC - NWU - for acct.
Gicuted aif ¢I
He Clpeprll Uddin Ye] y9 4:3
=
He looked closely at the pants. And
there, stamped in indelible ink on a
pocket lining, were the names S. W.
Hughes and Jim Cartel in neat
launderer’s printing.
The officers talked excitedly. Was
the identity of the mysterious killer
in their grasp? Quickly they bun-
dled up their find and started to-
ward their car. They had taken but
a few steps when they came across
a discarded pair of underwear. They
wadded this into their bundle and
headed toward Spartanburg. and
Sheriff Henry. .
The Cherokee officers poured from
their car as it drew up at the Spar-
tanburg county jail. They rushed to
Sheriff Henry with their discovery.
Breathlessly they told of finding the
clothes near the scene where the truck
was left. ;
“Sheriff,” Detective acer’ broke ih
eagerly, “there’s a button off that coat.
See if the one I found matches!” -
Henry’s hand darted into a pocket
and came out with the button. He
placed it beside one on the coat. They
matched!
“That settles it. There are the
murderer’s clothes!” Henry snapped.
“Hughes runs a clothing store here,”
Brockman said when they examin
the laundry marks. Cartel must have
been the purchasér of the suit.”
“Get over to Hughes’ store and see
for sure,” Henry directed Brockman
and Brady, and away they went.
The officers returned minutes later
with the information that Hughes had
repossessed the suit after selling it
to Cartel. He had resold it to a
Negro woman who said she was buy-
ing it for her grandson, Jesse Jones,
who lived with her. After repossess-
ing the suit, Cartel had sent it to
the cleaners, thus accounting for his
name being printed on a pocket in
launderer’s ink. ,
“Jesse Jones is our man!” the sheriff
declared. ‘“We’ll surround his house
immediately.”
Complete darkness had fallen when
Sheriff Henry and.a cordon of officers
surrounded a humble, dwelling in
a northern section of the city. The
sheriff moved to the porch and rapped
vigorously on the door.
“Who dat?” a woman’s shrill voice
came through the door.
“The law!” Henry replied grimly.
“Open up!”
The door swung wide to reveal the
wide-eyed countenance of an elderly
Negress.
“Where’s Jesse?” the sheriff de-
manded.
“In there.” She pointed to an ad-
joining room.
Officers already were moving in
that direction. Flashlights focused on
a bed. A Negro youth sat upright.
could go to his room without being
seen.”
“Did you ever notice a bottle of a
popular brand of mouth wash on his
dresser?” went on Worley. :
“T never did,” replied the proprietor.
“Did you ever notice anything at all
54
AMAZING DETECTIVE CASES
He wore a shirt and underwear.
“What you all want?” he asked in a
high-pitched voice.
‘We want you! Get your clothes
on!” Henry ordered. .
The quavering prisoner was placed
in a police car and whisked to jail.
Confronting the colored youth with
the damning evidence in their pos-
sesion, investigators began grilling
him relentlessly. But the Negro, who
gave his age as nineteen, denied the
accusations. Finally, however, he
weakened and admitted ownership
of the clothes the questioners placed
before him. His confession of the
murder of the Hugheses and Petries
followed with stunning suddenness
At intervals in the questioning the
youth would bring a hand to his face
and snicker slyly.
Jones insisted that his sole motive
had been robbery. Persistent grill-
ing led him to reveal that he had
“necked” his victims, trying to force
them to tell where their money or
other valuables were hidden. This ac-
counted for the number of licks on
the heads of his victims.
“But the Petries had nothing of
value,” the sheriff snapped.
Jones snickered again. He had
heard, he said, that the Petries had
received $100 for a highway right-of-
way across their land, and was after
that. He had failed to see the pocket-
book in the darkness and said he was
scared away by a car that seemed: to
be slowing down near the shack. His
weapon was a butcher knife he carried
in his coat and a thick piece of plank
he found near the cabin.
Officers previously had learned that
the Petries were to receive a check
from the state highway department
for a right-of-way across their land,
but the transaction had not been com-
pleted, and for this reason they had
not seen this fact as an important
—— in the case.
the Hughes case the snickerin,
slayer said he used the axe he foun
in a woodpile in their yard, He once
had picked cotton for Mr. Hughes and
knew he was well-to-do. en he
was unable to learn from the elderly
couple where they kept their money,
he finished his lethal work and took
what he wanted of the bloody booty
that was within his reach—a fountain
pen, the truck keys found on the man-
tel, Mr. Hughes’ best suit, in a pocket
of which was a purse containing
$7.12, and a pair of underwear. The
underwear and shirt he was wearing
when arrested were identified as Mr.
Hughes’ property.
With the exception of the truck, the
nature of the ange he took accounted
for the fact that the officers were un-
able to see the robbery motive.
When the truck stalled, he grabbed
the clothing and walked to the rail-
way, where he changed. Jones said he
had been wearing two pairs of pants.
The top pair he shed and drew on
Mr. Hughes’ trousers, with other of
the stolen garments. His own coat,
sweater, shirt, one work glove that
held the murder weapon, extra pair
of pants and underwear he had left
behind. Then he returned to the
scene of his crime. He went to the
barn, where he discarded Mr. Hughes’
pants, and went home to bed.
The killer directed officers to look
in the attic of his grandmother’s house
for the missing coat to Mr. Hughes’
suit. It was there. And outside his
house, pressed against a wall just
‘where he said, was a pocketbook con-
taining $7.12.
The law dealt speedy justice to
Jones. On Monday, April 20, he was
indicted in Spartanburg County Gen-
eral Sessions Court for the murder of
J. L. Hughes, and his trial was set for
Thursday, April 23.
Circuit Solicitor Sam R. Watt of
the Seventh Judicial Circuit of South
Carolina chose to have the defendant
indicted only on the one count al-
though there were four against him
—one for each of the murders of
which he was accused. This step was
taken to facilitate legal proceedings.
Defense counsel, composed of At-
torneys John C., Lanham, Matthew
Poliakoff and R. B. Paslay, Jr., fought
vigorously but vainly to save the
defendant by a plea of insanity. But
the state established the defendant's
sanity beyond question and proved
that he robbed as well as murdered
and by his cunning evaded capture
for several days.
Late in the afternoon on the day
the trial began, the presiding jurist,
Circuit Judge M. M. Mann, charged
the jury after all evidence in the
case had been heard. The jury re-
tired. Thirty minutes later it was back
with a one word verdict—guilty.
Under. state law the death penalty
becomes mandatory in a case of mur-
der when a jury returns a verdict of
guilty without a recommendation for
mercy. .
After denying a defense motion for
a new trial, Judge Mann, after as-
serting that Jones’ conduct in playing
the part of an insane person was
feigned, sentenced him to death in
the electric chair at the state prison
at Columbia and fixed the date for
Friday, June 12, 1942.
So unless defense counsel is suc-
cessful in the plea it plans to file with
the state supreme court, Jones will
go to the hot seat, June 12.
The names L. M. Pallman and Jim
Cartel are fictitious to save innocent
persons embarr
AMAZING CASE OF THE HUMAN
TORCH
that was a bit out of the way?”
“Well,” said the woman, “I recall
that he once asked me if I knew
_where he could find ie eee I told
‘him I most certainly did not and that
was the end of that.”
The small room, number 9, occupied
(Continued from page 25)
by Lepins, or pyre, oa ‘was next
examined. Just a single bed, a dresser
and a washstand. His clothes and a
valise were inspected.
All markings had been stripped
from everything belonging to him.
Not a card, not an initial, not a single
clue th«
items w
On a
rested.
dark I
With h
better }
as “Ho!
lato.
Both
any Fr:
police
check-t
Mrs. B
County
Next.
bombst
Coleme
phone
end wa
nee, M
“T’m
Frank
and thi
happer
“The
forty
childre«
T wv
Le}
Al Bil
Casan
Hyde,
forma
Mrs
She v
of anc
ried
ago a
the ti
vad | t
cretiv
now
often
She
Lepin
thoug
some
may
Germ
Lepin
souri,
plant.
wond
a
“You’ve got some-
i from one side of
at this, boys!” He
ains on the floor.
mistaken these are
spected the stains
they looked like
ough the stains had
or, they were still
licate that they had
ecently. Inspection
shack, however, re-
ore important.
ind outside here,”
plit up now and
ifferent directions.
ig the shrub and
run-down section.
me a shout from a
vards south of the
1ad just left.
iter was standing
bout two feet in
‘ Pve found some-
zers raced to the
in- its depths what
2s, similar to those
ed in the fireplace.
ripped-up weeds
th the ashes. The
ig with them with
: do a satisfactory
ie ten-foot depth of
yuty Christman re-
te picked up Morse,
+y’s special investi-
»ack to the Mexican
n and the D. A.’s
back, Detectives
Jlson and Matthews
‘y to the Thirteenth
oyd Whaley had
riff Murphy. Just
r drew up to the
-faced young man,
med glasses and a
hirt and trousers,
ild Fearn?” asked
the matter?” an-
to come down to
us. You may be
‘w things about the
a girl.”
2rnoon and the eve-
s questioned him
Yr e stuck to his
not know the girl
o do with anything
to her. Then about
id suddenly. “Hell,
yout it!”
gan his statement
estigator Morse and
were working over
had brought along
s and the officers
» the cistern. Little
> able to lift up the
usted weeds. ey
some four feet of
the girl’s body be-
| the deputies and
in investigators but
ce Porter’s corpse
2 than anything else
erienced. And after
en extricated and
R. Blair had:made
sason for their re-
skull fracture just
iad caused the girl’s
9 the coroner. is,
yvound just beneath
scent csattoninecedsabanatteise
her forehead, had been struck by a
heavy instrument. There were five
U-shaped burns and ten straight burns
on her abdomen, ten burns on the
back and left hip and“her body was
a mass of multiple bruises. Con-
tusions showed on both her shoulders
and her right ankle. And after she
was already dead, according to Coro-
ner Blair, a .32-caliber bullet from a
revolver had been fired into her head
just above the right ear. The girl had
also been attacked.
Fearn is alleged to have admitted
to the detectives, even before his vic-
tim’s body had been brought in, that
he had forced Alice Porter into his
car and driven her out to the adobe
farm building. There, it is said, he
had put adhesive tape over her mouth,
taped her arms together and .pro-.
ceeded to beat her with his fists and
anything else that was handy. Then
he built a fire in the fireplace and
heated a strand .of wire which he used
on the girl. After criminally assault-
ing her, it is claimed he smashed her
in a pocket for future reference.
Continuing their investigation, offi-
cers found a slight bloodstain on the
curtains over a kitchen window. The
window had been forced. So that
was how the killer entered. Evi-
dently he had left the same way he
entered, which accounted for the
doors being locked when Chapman
arrived. Light bulbs -had been re-
moved from sockets in both the din-
ing room and kitchen, apparently by
the killer so that he wouldn’t be
seen even if he was heard and some-
one came to investigate.
When a minute examination of the
house failed to produce further clues,
investigators turned toward the barn,
from which the truck had been taken.
The grim investigators entered the
barn. Suddenly Chapman darted past
the group to a corner of the shed. His
hand went down and picked up a pair
of pants. “These are the pants to
Dad’s suit!* he exclaimed.
The trousers were soggy and mud-
stained and the cuffs had been turned
up, as if the wearer had been in
snow or rain and had rolled them. to
keep as dry as possible. When un-
rolled the cuffs spilled a sprinkling
of cinders,
_ When further search of the premises
yielded no additional clues, officers
iled into their cars and sped-¢to
affney; 20 miles away, in hope of
ae a lead from the abandoned
ruck,
Fese that had tugged at the hearts
; of Spartanburg citizens since the
mysterious, murderous attack on the
Petries, crystallized into stark terror
when newspapers screamed the mur-
der of the Hugheses in banner lines
that afternoon: Marauding Murderer
Adds Two More to List.
“Who was this killer loose in their
midst?” everyone wondered. All sorts
of nameless dread filled them. Per-
haps he was a Dr. Jekyll—Mr. Hyde
character, a model citizen until the
2 ia raeace
FROM AUTHENTIC POLICE RECORDS
head with a hammer and finally shot
her.’ Then he gs her body in the
cistern and left. Thursday he is said
to have returned to the scene of his
_crime ahd covered the body by throw-
ing mud and weeds over it.
the confession is true, he appar-
ently was so confident he had left no
clue to his identity that he returned
to.Pueblo after having been in Port-
land, Oregon, Saturday morning. He
worked as a brakeman for the Santa
Fe Railroad and had made a trip to
Oregon City Friday night and _ re-
turned to Pueblo on Saturday night.
When the sheriff’s men returned
-with the victim and Fearn was told
about it, he dictated the complete de-
tails of the horrible crime to police
reporter William Nafe, in the presence
of Chief Grady, Investigator Morse,
District Attorney Keen and Detectives
Horne, McDonald; Olson and Beaty.
He signed this confession and is sup-
posed to have told the detectives
where they could find the gun and the
hammer :he had used.
As news of Fearn’s arrest and
alleged confession and the discovery
of the body spread throughout Pueblo,
the tawn’s citizens almost took justice
into their own hands. ry mobs
formed around police headquarters.
Detectives had to spirit Fearn out a
back entrance to headquarters. They
drove him to the State Penitentiary at
Canon City to protect him from the
crowd. A _ coroner’s jury charged
Fearn with first degree murder and
District Attorney Keen filed a murder
information against him on Wednes-
day, April 29.
With the tangible evidence they
have unearthed, and with Fearn’s
signed confession, the police, the
sheriff’s office and District Attorney
Keen are certain that Donald Fearn
will pay for a heinous crime when he
faces a jury at his“ trial, which is
scheduled for the near future.
_Mr. and Mrs. Jesse Balsan are fic-
titious names, used to spare innocent
persons embarrassment.
SNICKERING SLAYER’S BLOODY
BOOTY
lust for violence overcame him and
drove him to satisfy his macabre ap-
petite. That he had no motive, ex-
cept the lust to kill, seemed obvious.
blic clamor arose for a _ solu-
tion of the mystery. The law officers
were really on the spot. Four un-
solved murders in less than two
weeks!
Public terror was so great that a‘
run was made on stores handling
weapons for self-defense and for
locks and chains to barricade doors
and windows against the elusive ma-
rauder,
The sheriff and his officers, worn
by days and nights of investigation,
pressed the manhunt relentlessly, but
without success.
Pruette had succeeded in obtaining
legible fingerprints from Hughes’
shotgun that differed from those of
the victim and obviously were the
murderer’s, but they corresponded to
none in the Bertillon files and, con-
ee were of no immediate help.
ould the killer strike again and
when? These fearful questions pla-
gued the citizenry and officers alike
as the hunt continued unabated.
‘SNICKERING SLAYER: While being ques-
tioned about his murderous activities, he
would bring a hand to his face and slyly
snicker at his grim-faced captors.
(Continued from page 31)
HE scene was Gaffney. It was late
afternoon on February 26, two days
after the bodies of Spartanburg’s sec-
ond dual murder had been found.
Sheriff R. B. Bryant, who had been
lending all possible assistance to
Sheriff Henry since the killer aban-
doned the Hughes’ truck in Cherokee
County sent his officers to scour the
entire section in which the truck had
been found. Following out the
sheriff’s orders were Officers A. C.
Parker, William P. Austell, E. C.
Cornwell and F. M. Hoke. They
drove to the Beaverdam bridge where
the truck had been found. Traces
of snow still remained on the ground.
“Let’s split up and go over the
ground here in a wide circle,” Parker
suggested. “In that way if there’s
anything to be found, we’ll find it!”
Parker’s search took him to a rail-
road cut, about 75 yards from where
_ the truck had been abandoned. He
had almost. stepped on a dark object,
pore obscured by the snow, before
e noticed it. It was a bundle of
clothing. The officer’s eyes danced as
his examination showed it to contain
a sweater, coat, shirt and one work
glove. The shirt front was spattered
with blood! So were the sleeves of
the coat! “Boys! Boys!” he shouted.
In an instant his fellow officers sur-
rounded him. “T’ll -bet a hundred
dollars these things were worn by
the killer,” Parker said with convic-
tion. “He must’ve had a second set
of clothing and changed here.” His
hands were Leo f searching the lining
of the coat for laundry marks. There
were none. Nor was there anything
on the other discarded clothing to
indicate who the wearer had been.
“Let’s keep on looking,” he suggested.
Austell had moved perhaps 30
feet when he stopped short. ‘Here's
a pair of — e plunged through
a patch of briars to retrieve the trous-
ers he had spotted. Like the coat
they were made from a dark brown
tweed material and were well worn.
53
When taken to the state peniten-
tinry on Sunday afternoon Jones told
the officers that he was sorry and
that he should be given the same
treatment that he dealt McCullen.
Young Jones was placed in the city
jail after being arrested und was kept
_in darkness. He complained bitterly
of the dark cell crying out time and
agnin that he had to get out of there
and the officers then believed that
his conscience was beginning to
trouble him. He endeavored to com-
mit suicide by fastening a chain
about his neck and falling off the
upper bed in the cell. On these
bunks are chains which can be -fast-
ened to the wall to support the beds
more firmly. Jones placed this chain
about his neck, fastening the ends
with a shoe string but when he fell
off his bed the shoe string broke. A
close watch was kept on the boy
thereafter and officers when not
questioning him kept within a short
distance to hear anything he might
utter,
Scareely ten minutes after the act
was committed McCullen’s was found
by Mrs. Jeanette Ellis with his cloth-
ing on fire. A large crowd soon
gathered at the scene of the murder.
Local officers began working on the
case and a special detective was hired
by the Catawba O11 Co. and H. W.
Plyler. ,
“Bunk” Caskey was the first’ per-
son to note that «something was
wrong at the Gateway Jtlling station.
Stopping there with the intention of
getting some refreshments he noted
that smoke was coming out of the
othice of the filling station, He ime
mediately left to give the alarm, Jn
rived at the sta tig ceth sthe inten-
tion of taking the MeCullins OY
home and she saw his body lying’ on
the floor ,yeéside’ the stove with, his
clothing @ving off smoken% -
Patrolman Jenkins with © couple
companions arrived upon the gerne
soon uftefward Aid water was youred
on thé boy Whp. was already dead. Ie
had been st éteon the head with a
heavy tnstrument and his elothing
‘set on fire. The hose to the xasoline
believed that-the gasoline which had}
been left ti the hose had been used
to suturate the clothing of the boy.
A lurge crowd soon gathered at the
Aijing station ay the horrible detalls
of the tragedy quickly spread over
the city... ,
Sherritt Dubney told the boy that
this crime was one which would bring
about the extreme puntshunent and
thut nothing hé'added to tt would
make the punishment more seevre.
After + (ching him this the wherifl
‘asked What he knew abput the death]
yehere were no marks on the body ts
the meantime Mrs, Jeanette ellis ars N dicate that Moore had been struck.
tunk had been unfastened and tt. bs
of dD. J. Moore. ‘Young Jones raised
PO PA whaced “
has hand above his head ‘and said
that he would sweur before God that
he knew nothing of this death.
Since the death of young McCullen
the strange death of O. J. Moore
something over w year ago has been
much discussed as Moore died of |!
burns outside his filling station.
A coroner’s jury which investi- t
gated the Moore death found that/;
i7
\
he came.to his death by accident and |,
the evidence indicated that this ver- :
dict was justified. Moore was found },
burned to death just outside of hisly
statfon on a cold raincey night. Anji
investigation showed that he had}s
been drinking and that he had been
endeavoring to ight a gasoline Ilamp.]:
About ‘the “lamp was a number of |
matches, ayhich; pndicated that the
decedsed hadybten endeavoring to
light it and timtt gasoline had been
poured on the deceased in this man-
ner. Tracks outside the store indi-
cated that he had been running about |-
after catching on fire. It was known |
that he had in his possession bout |:
forty dollars that night and when the |;
body was found & considerable |:
amount of silver was fdund at ditf- |,
erent places near the body. Beneath
the body was a charred pocketbook
with eyidence that a couple of bills
had been burned in it. All of the
money that he was known to have
hnd in his possession was not "c-
counted for but so much of {t was i
there that local officers decided at
the time that he was not robbed.
AC that time they decided that the
burning was aceldental und they ure |
of the same opinion at present as
Because of the fact that some
money was left in the cash drawer
by Reuben Jones when he kill Mc-
Cullen led many -to— belleve that
Moore was murdered = Jn much the
sume fashion, A checkup showed
that $3.40 was left in the cash draw-
er by Jones On Sunday he told the
officers -where the remainder of the |:
money was and the officers search-
{ng the barn at Will Campbell's place |:
oq ubout twenty-seven dollars.
yfhhe inquest into the death of the
McCullen boy will be held ton{g ut |
(Monday? Cyroner Hegler suid on,
Monday morning. Bince ih conses= |,
sion has been made tt bs belleved thut |
only Sherif? Dabney and. .Chief H. A.|
Montgomery will be the only wit!
Nesses, P
: a.
The remains of DefRard MeCullen
were shipped to Washington on Sun-
day afternoon for burial. His parents
live in that city a do he lived there],
until he crise gp Bkcaster about a]:
year axo. ‘ : * t
t
|
JONES, Reuben, bl, 18, elec, 30 (Lexington) 7/20/1934
4
- NEGRO-TELLS OF ="
BRUTAL MURDER |}
ON FRIDAY NIGHT:
Reuben Jones Finally Confessed
to the Killing of Bernard
° McCullen.
eee
Reuben ‘Cudjoe” Jones broke down
and made a complete confession’ of
the brutal murder of Bernard Mc-
~~ Wen early \Sumday afternoon to
Sheriff *L. “*¥F/*Dabney arid Chief H.
—-A-Montgamery_nfter_the officers had
grilled the boy hard since his arrest
on Saturday. When arrested the’ boy
had a five dollar bill in the lining of
his cap and: he could not give an
explanation of the manner in which
he acquired this bill. It was known
he had been at the Gateway Filling
station on Friday night whgn McCul-
lens was last seen alive and these
two facts were all that the officers
had to work on until Sunday. ..
Following ‘the brutal murder on|y
Friday night when McCullen was/y
found with his skull crushed and his/¢
}
S
t
emt we LN em etm | niin Stan |
So fa rr et oe
clothing on fire the officers had
worked ceaselessly on the case. When |:
arrested and questioned they thought
that the negro boy was guilty but
when Will Campbell was brought in|f
for questioning this negro with whom |\
Reuben Jones stayed said that the]i.
boy was at home and in bed at 9 p./r
m. on Friday night. When Camp-|c
bell gave the officers this information |
they began to think that they were
on the wrong trail but kept question-| -
ing the boy. On Sunday morning].
Jones said that he was at the filling
‘station on Friday night a few minutes
before the murder occurred and that
two white men drove up to the sta-
tion and ecngaged in a fight. ._ Jones
said that he then ran home. ;
After he had changed his story the]:
officers felt that they were on the].
rgiht track and finally the boy broke |’
down and made a complete confession
telling just how he had done the foul
deed. \ ;
He said that Bernard McCullen was
resting in a chair with his hands to
his head when he struck him over
the hend with a truck spring that}
‘had been used for a tire tool. “Oh
Lord’”’ McCullen is reported to have}'
said when the first blow’ was struck |.
and then the negro boy hit him again
and the second blow ended his Hfe. |'
Jones said that he got some gaso-
line and poured it on the floor.and
it a match to it. It is belleved that
some of the gasoline got on the boys
clothing as he was badly burned on
one side but Jones said he only poured
the gasoline on. the floor. He clalm-
ed he then walked up the road to the
Moore Filling station and across to
his home.
—/—
LUCAS, Cecil Doyle, white, injection SP (York Co.), November 15, 1996.
LUCAS, Cecil Doyle, white.-”Rock Hill-Relatives of Billie and Evelyn Rayfield -
murdered by parolee Cecil Lucas in ‘83 - filed $15 million suit against state. Claim: improper
parole hearing.”-USA Today, 4/10/1985.
“Remorseful, angry Lucas put to death.
“Rock Hill killer is 5th to die in S. C. this year.
“Convicted murderer Doyle Cecil Lucas died early Friday after expressing remorse for his
acts, love for his wife, and anger over the value of executions. Strapped on a hospital gurney,
Lucas, 41, was pronounced dead by lethal injection at 1:28 a.m. at Broad River Correctional
Institution. He was the fifth Department of Corrections inmate to be put to death this year and
the third who relinquished his appeals...
“Lucas had been convicted of robbing and killing Bill Rayfield, 65, and his wife, Evelyn,
64, in 1983 at their Rock Hill home. His wish to be executed was granted by the state Supreme
Court last month after he waived further appeals.
“Lucas’ attoney, Dottie Fort, read a 2 % page statement from him just prior to his
execution. Lucas apologized to the Rayfield family first. ‘I am truly sorry for my actions and I
have paid for it since it happened,’ Lucas said.’I pray that this process tonight will bring some
peace and closure to your family. Please know in your hearts - from the bottom of mine - I am
sorry.’ The victims’ son, Mickey Rayfield of Rock Hill, said he felt ‘justice had been served’ after
witnessing Lucas’ death.
“Lucas then spoke affectionately of his wife of six months, Norma Jean, who witnessed his
death. In his statement, Lucas told her: ‘the time and love we have shared brought with it peace
and happiness like I have never known and led me back to our Lord, for which I am truly grateful.
It has been a long journey home, little one, and I thank you for safe passage back there.’ In the
execution chamber, Lucas looked through the window separating him and Norma Jean and
appeared to say: ‘I love you. I always have, always will.’ A couple of minutes later, Lucas’ eyes
narrowed and then closed for the last time.
“Mixed with expressions of remorse and love, were words of anger. ‘I knokw that I gave
these appeals up on my own, but it doesn’t change the fact that an organized, civilized society has
brought itself down to the level of the people who have themselves killed.’ Lucas said he had a
problemk ‘with anyone getting up tomorrow morning thinking they are any better, or different
than I after committing the same act which got me in this position.’
Lucas faced death with spirituality, said Al Brodie, a chaplain with the Department of
Juvenile Justice.; The condemned man, a regular reader of the Bible in his final days, was ‘totally
at peace,’ added Brodie, whso first met Lucas when he was impriosoned as a teen-ager for
truancy and vandalism. During their visit Thursday afternoon, Lucas told him: ‘I will see you in
heaven,’ Brodie said. Then, as Brodie left, Lucas flashed the chaplain a sign of victory.”-7he
State, Columbia, SC, 11/16/1996.
Remorseful, angry
Lucas put to death
Rock Hill killer is 5th
to die in S.C. this year
By BOB STUART
Staff Writer
Convicted murderer Doyle
Cecil Lucas died early Friday after
expressing remorse for his acts,
love for his wife, and anger over
the value of executions.
Strapped on a hospital gurney,
Lucas, 41, was pronounced dead by
lethal injection at 1:28 a.m. at
Broad River Correctional Institu-
tion. He was the fifth Department
of Corrections inmate to be put to
death this year and the third who
relinquished his
appeals. The
i others were
triple murderer
Michael Tor-
rence and cop-
killer Robert
South.
Lucas had
been convicted
of robbing and
killing Bill Ray-
field, 65, and
his wife, Eve-
lyn, 64, in 1983 at their Rock Hill
home. His wish to be executed was
granted by the state Supreme
court last month after he waived
further appeals.
Lucas’ attorney, Dottie Fort,
read a 242-page statement from
him just prior to his execution.
Lucas apologized to the Rayfield
family first.
“I am truly sorry for my actions
and I have paid for it since it hap-
pened,” Lucas said. “I pray that
this process tonight will bring
some peace and closure to your
family. Please know in your hearts
— from the bottom of mine —I am
sorry!”
The victims’ son, Mickey Ray-
field of Rock Hill, said he felt “jus-
tice had been served” after wit-
nessing Lucas’ death.
Lucas then spoke affectionately
of his wife of six months, Norma
Jean, who witnessed his death.
In his statement, Lucas told her:
“the time and love we have shared
brought with it peace and happi-
THE STATE, COLUMBIA, S.C.
ness like I have never known and
led me back to our Lord, for which
I am truly grateful. It has been a
long Journey home, little one, and
I thank you for safe passage back
there.”
y: “T love you. |
always have, always will.”
A couple of Minutes later,
Lucas’ eyes narrowed and then
Closed for the last time.
li-le-[%o
Mixed with hj
remorse and loy
“I know that I gave these
appeals up on my own, but it does-
n’t change the fact that an orga-
nized, civilized society has
brought itself down to the level of
the people who have themselves
killed.” .
Lucas said he had a problem
“with anyone getting up tomorrow
morning thinking they are any bet-
ter, or any different than I after
committing the Same act which got
me in this position.”
Lucas faced death with spiritu-
ality, said Al Brodie, a chaplain
with the Department of Juvenile
Justice.
The condemned man, a regular
reader of the Bible in his final
days, was “totally at peace,” added
Brodie, who first met Lucas when
he was imprisoned as a teen-ager
for truancy and vandalism.
During their visit Thursday
afternoon, Lucas told him, “I’ll see
you in heaven,” Brodie said.
Then, as Brodie left, Lucas
flashed the chaplain a victory
sign.
Bob Stuart covers law enforcement
in the Midlands. Contact him at
771-8405, 3 p.m.-midnight Mon-
day-Friday or by fax at 771-8430,
S €xpressions of
€, were words of
‘T. Ghosrs YOREVER AFTER DAUCYT. :
|| the vicinity of their terribly tragic fate. Many re-
Ss || Marked tho latter asa seltied conclusion, and so
’ || strong is this superstitious impression among the
|| negroes that ogre ae them who live in the neigh-
borhood of the Jali have made up their ininds to
|] move away, and none of them can now be induced
|] to pass the -streeta there at bight, afraid they
|| Might behold: the spectres-pf the executed men
4 in ostly consultation at/the place of their
‘| earthly exit. This is (the 4 Payee opin-
Contra @G CORTE ee fon = og ease an Phos t ep at
they should be allowed to commit c to convince them otherwise. nt twelve o
punity, and, indeed, thin idea al omen Tanta three detachments of tae South Carolina Nationa)
strengthened and encouraged by the partial Guards (ali colored), wearing blue uniforms
of justice and the almost unilmited exercise of the trimmed with green, marched into the jail yard,
_ pardoning power. for the purpose of maintain order, but they
| The scaffold was erected in the jail vard, and was rather helped (0 produce disorder. An jmmepse
exposed to the public view, It was harbaronsly mass of people: congregated in front of the déor
‘Beat and trim, and of such limited proportions as | leading to the Jail, some of whom had passes of au-
to cpsure successful strangulation. v uprighta, mission irom the Sherif; set the throng was’ so
, eight feet apart,on which rest a cron beam only Gense thay It was impossible for them to get in.
| twelve feet high, and a double trap which parted in The cuter’ troape Mere cent: oct, but the cous
‘the centre and swung to the right and leit, com- Grove them back, aud as they were oe
lected the structure, Thia drop or trap was not alx ; sis amichod cee
eet high, and therefore removed all apprehensions they were ordered in to avoid bloodshed: The
.ifany were indulge.tin ofa broken neck. Strang. | police next tried to force back the mob, bat only
lation of criminals for capl:ai offeucer seems to ne | Partially succeeded, and for s while there were in-
_the system in the South, and they always succeed, | cipleut symptoms of @ general riot. Hundreds
ct pc | and ae-tenmien teasbeny of lor Gok imitans
- PRELIMIN PARATIONA OP
were compirted lat night, and the two condemned | large numbers of women, having got Inside, quiet
men were teit to court sleep, but it came not. Oc. || wae partlully restored. At one o'clock the colored
casionally they would drop off into a fitful doze || troops were formed around the scaffold in hotiow
only to awake with a start aa @ dream of theit: square. The Sherif theu went upon the drop anit
crimes or a vision of their terrible doom fitted acroaa | ted the two haiters to the cross beam, leaving
their ever-wakeful minds, Morning dawned and || them dangling in the suoumer breeze, ip pros
the light of their-last day came welcome to theif '| Pective
Mloomy ceil. Bot the men dressed themacives | | ANTICIPATION OF THE TRAGIC WORK. |
with scrupulous neatnesa, partook of their last - . || A rough catimate places the crowd now in and
petiph Be, staan oo ee Ben, with a iat tien yg ‘Soe = ae _— than alx thousand
. a Y ° ° ‘
ored females, joined earnently in, orleans | ott i on apn gr Fog ph ry be Geeting
| exerciser, which continued the entire morning. By || and riotous demourtrations were constant the
; oon the atrects had assumed a most lively sppear- || whole’ morning, and but for the exertions of Cap-
‘ ance. The colored population turned out en na she, '| tain Jackson, the Chief of Police, there would have
the males tn their beat Sunday apparel and the || been s serious riot, and it wuuid have been douht-
oe Agente brightest, gayest and most famin ful whether the sentence of the law could have |
' “gic was a regulur gala day, and if one d || becn executed tn that case, With the thermometer
not 7 ll ee aligs eee | es eee mob a the entire morning swelter-
ofthe excitement he would bare tueaatned that tite, ahd ft te ente to may teer wou gh ao
some grand festivity or popular public celchaatiog rievoualy dirappointed ir the tragedy kad not
was taking piace. On reaching the vicinity Wf the faxen place acoorlinyg Lo programme.
alll found the fences ined with African female 4 FRE CULPRITS BROUURT OTT.
umanity and the streets, trees, housetops and At twenty minutes to two o'clock the condemned
surrounding fences were packtd with the males, men were conducted from the jail tothe scanoidl,
some of them iudalging in low jokes and vulgar tightly pinioned at the elbows. They were at-
slang, while others and the vast majority specu- tended by a colored preacher and his’ wif aod
lated weirdly and apiritually as to he unknown - | Cacorted by a detachment of the police. Both
future ve Og the grave. The earthly remains of walked Oruly, and they ascended the ste leadi
the criminals were aleo subjects of eep and ear. to the drop with great ease and apparent calm
‘pent idiscusaion as to whether the doctors would hess. Here they stood with their faces tarned to
te lowed to butcher the bodies, und if so would the sqn, which-giared dowm on the crowd in front
; /Wwith reat erceness and intensity. Lucas -was
att in a dark cassiinere suit and
Spctiess white shirt. Harris wore a biack
black ‘pants and white one
berebead A hymn waa then sung. A py
er
sollowed, the clergyman kneeling between the two.
condemned men. When this wae couciaded the
heriq read the death nentence, and for the first
time there was a solemn stilinees in tae crowd.
at as ADPRESSING THE CBOWD.
Poreten of the condemned then made short ‘ad-|
bo die, with @ hope that God had forgiven
poem... Harris protested his innocence. The
regi then pinioned their legs at ee
pct and placed tuo blagk cape over their
Seontieal on hey had taken’ their tast look at this
earth, " Then the Sherif soberunly odjpsted |
Seg Sa ao
me
aut TH ia fit, yee
eetizy te sidy! He a a Hs
Perio ee
ae ef site fet fiel Ba2hise |
Hisar: suet PHU E Ge
Hae pe pee
HE eb hid Hi Hidint glia
|
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