Historical Newspapers of South Carolina

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" ' 4 i *ft [ J ^ 1 1 1 rs^^rssss=.1.^--^ r? iffir^Br" " * ..r^Btt^auswMg B.^OiVtE& | J Aai(> J^c>!i^sr<iP : Pirr^tha IFlxpzzj&nm &t?? JTbUtticriZ, Ox+g^, .40rt(HflfeMAMPQMMMmiaf Afiwtim. | *WVIInWEKKLY L A N </ A 1 L K. h. C, . MAY IT . UK).5 K8lABL18HfcU 1AS2 Solicitor's Keport on Ker= * shaw Case. t Mr Henry Reviews the Proceedings Up to This Time The v Case Still Stands Open. ' The State, 13th inst. 11 The reprort of Solicitor Henry on the Kershaw lynching case, .. which was mentioned in yesterday's paper as having been made . public by the governor at a late hour the night before, is in full as fr>llntirc To His Excellency, D C Heyward ^ Governor of South Carolina, . Columbia, S C. Sir: In view of what transpir- . ed on Friday, the 28th of April, , in Lancaster in the effort to in- j vestigate the Kershaw lynching, I submit the following report: , After several efforts to secure a j man, Mr H 11 Howie was seleeted a as detective because (i) of his be- j ing a native of Lancaster; (2) of ^ his association and connections in t that county; (3) of his reputed j courage; (4) of his knowledge of the manners and methods of the people; (5) of his former employ- ^ ment by the State, and (6) to his previous recommendations for position to yourN excellency and j others, myself included. Of these c things I heard, and considered them evidences of his competency for the work. Aside from the aobve, and two prosecutions ? against him. one for assault and battery with intent to kill (in * which there was a mistrial and ? final plea of guilty upon terms), the other for an alleged attempt at bribery (which fell to the ground for lack of evidence) I knew nothing of him. I refer to . this because an effort is made to a make the issue one against Ilowie instead of the lynchers. In justice to VV II Newbold, ^ Ksq., I must say, he took the , evidence submitted and advised ^ Mr Howie, as a special favcr to ^ me and the State, without any | compensation. I feel it my duty to say this on his account, and my own. I consulted frequently j with him because I found formerly when he was a detective that a anything reported by him wasal- ^ ways a fact and could be relied upon. His intelligence and ex- ^ perience aloug this line of work ^ made me turn to him for help. 3 I know that detectives have to ^ - ~ Tl- ' - - - " (.sun iu i ins is rcsoried to In diplomacy, love, war and peace. Surely the fowler will not set the snare in sight of the bird. ^ Before the detective started the investigation I gave him the following note: Igth Nov., 190-!. i To Whom it May Concern. ^ Dear Sir: In case any one of the persons who took part in the lynching of John Morrison at j Kershaw, S. C., 1st day Oct 1904 m will give evidence against the p others who were engaged there, and in favor of the State, on any legal inquiry thereunto, shall be ? exempt from trial or punishment r 4.! f? 1 % e J . niciciui, caccjji iuc leaner 01 saiu i lynching and the person or per- 4 sons who fired the shots into the 1 back of the said John Morrison. ^ Yours truly, J K Henry, Solicitor. (. I gave the above because it was p the policy of the State to prose- '' cute only those who took the lead in, or actually committed, this 7 awful murder; not accessories, nor a persons who might have been g present as curious spectators, or 1 ho, in indignation, might have,; lid something against the person ! no so foully murdered young loyd (as it then appeared). 1 Tne investigation proceeded |; diile I attended the exposition.! tfter my return the report of the etective gave the names of the utrdcrcrs anil of those who made emarks and incited the lynching; ait the names of no witnesses, "lie investigation continued for .itnesses, until Frank Hough was irought to Chester to make his tatemcnt. Late in the evening 1 eccivcd notice that young Mr lough wished to see me in Mr Jewbold's office. On entering found* there Messrs Hough, Tmvif A.iclln -.n.l Mn.ukJ.I I\T.. w I a II UIIVI i 1 U ? UVIV-l. iUI lough said to me he wanted to :now if he told all about the ynching and the part he took, nd help the State, would 1 let iien off. I replied: "1 have given dr Howie a letter to that effect, nd of course would do so with iiin." He said: "That's all right; wanted you to say so. I will ake your word." I said: "No; will put it in writing," and did o. Here is a copy of it: i Chester, SC., March 31, 1905. dr S F I lough, City: In the matter of the prosecution ?f the lynchers of John Morrison, , as solicitor, agree not to prose- ' ittc anyone that assists the State < s witnesses in the prosecution of 1 he others. This applies to you ] nd any others that I may name 1 nd excepting the person or per- i ons that fired the shots into the I >ody of Morrison or wss the lead r of the mob. J K Henry, Solicitor Sixth Circuit. 1 I further said to Mr Hough: 1 'Tell only what you know to be ] rue. I would not have you to f nplicatc an moccnt person for < nything. Whatever you tell, do ( freely and truthfully." Sonic ( lie suggested that I ask Mr ( lough (questions. I refused to i o this, saying I wanted Mr s lough to make any statement. ; Ir Newbcld also urged Mr , lougli not to riiake any state- v lent unless he was willing to burn L jc bridges behind Isini. Before ; left I heard him make a state- \ lent, a copy of which is hereto z ttached and marked "Exhibit ' k.." On this occasion or any ; tlier I failed to detect excite- ] lent, liquor or anything wrong, 'his was the evening of March ] I. I had asked Magistrate { !askey to come to Chester for j lie purpose of taking this state- j lent, and issuing the warrants, if ( cccssary, at the request of the j etcctive. Mr Ilough did not , ^antto see anyone from Lancas- | er, was my information, confirm- , d afterwards by his begging me , ot to allow the detective to con- | :r with his father at Rock Hill, s I had suggested. After this ( tatemcnt was made I saw Mr ( lough in and around the town j 'ULLOF TKAGKJ MEANING 1 re these lines from ,J. H. Sim- < ions, of Casey, In. Think what light liavo resulted from his torib!e cough if he had not taken 1 he medicine about which ho writes I 4I bad a fearful cough, that dis- < urbed my night's rest. 1 tried j vorything, but nothing would reieve it, until I took I)i. King's Jew Discovery for Consumption, .'oughs unc'. Colds, which com- ( letoly cured me." Instantly re- I loves and permanently curee all i tiroat and long diseases; prevents , rip and pneumonia. At Craw. . ord Bros., J. F. Muckey & Co., nd Funderhurk Pharmacy, drug- ' est; guaranteed; 50c ami $1.00. ' 'rial bottle free. ( t it least six times when 1 was at home. I spoke to him four times. He came to my office twice, if not three times. If thcro was ever anvthfng wrong with him 1 ditl not detect it. From their date the first war- j rants were sworn out on April tst j for Messrs 1 leath, Stevens, Welsh, ' i Hough and others. I learned from Magistrate Caskcy that warrants were issued without getting the names. Upon examination of the evidence, I concluded the evidence, while clear and strong, was not enough to secure a conviction, and demanded that search be made for more evidence before these warrants were served. Besides there was no evidence that Messrs Heath, Stevens, Welsh or Hough went to the tree where the murder occurred, and the State, to insure success, had to adopt the policy of prosecuting only the actual perpetrators of so foul a murder. After getting out of court at Yorkville I had a conference with you, as you will remember, . J ancl the policy of the State was t continued. Then the other war- c wants were taken out for the al- j leged perpetrators, as appears j from?young Croxton's statement, ^ hereto appended, and marked ^ " Exhibit H." I never saw or ^ spoke to young CroxtOn to my knowledge. These warrants were ^ placed in the hands of the sheriff ^ of Lancaster forthwith, was my ^ information. Then I suggested ' to the detective to confer with . Mr Amos Hough, the father of Mr Frank Hough, a State's wit- . uess, the latter being a young (J nan some 20 01* 24 years of age. [n his effort to do so, as appears rom his affidavit hereto append;d and Sheriff Rcdcn's statement (. Exhibits C and D), there was an iffort to run in and get possession 1 if the State's witness by Messrs v Ieath, Stevens and Welsh, which k iucceeded and resulted in their t< irrcst at a hotel in Chester about tl nidnight of April 24th on the n variants of April 1st. If these q jcntlcmcn were not so engaged a it the time of their arrest, all al- n eged by the detective, appear- C mces were most terribly at fault, a l'he detective was justified from p ippearances in his conclusion, and / [ can't say he blundered. v A little after midnight Sheriff a Petit* n reported at my house the c irr?st of tlieso pu ti. s and asked 0 for instructions. 1 told him to y lold them until ho could turn t :heni over to Sheriff Hunter if & ais warrant was regular. Ho I wanted to know if he could koop ] ;liem at tho hotel. I replied: ( ,4That is a matter for you Con- > suit your attorney." After he t loft counsel foi the parties airest- t ad called mn up over the phone < nid asked me to instruct the 1 shcrilf to let them stay at the ( hotel. My reply was: "I can't < do it. That is bis business." | Again I was naked over the < 'phone to tako up the quo.-tion of < bail before Judge Gage tho next i morning. 1 refused this because | '1)1 was not fully advised; (2) 1 \ lid not think it propor in a case \ ike this. The next day the tic- < tcctivo informed mo that Sheiiff \ Hunter told him that the homing ] jn the lust warrant issued for i Harwell Trnesdalo, One-ey<d Hoik t ilias Graddison Hoik,and Jones, a * legro, wax set for April 28th. i L'his was told him hoforo anybody i ilso was arrested. After Frank c [lough had boon arrested with c )thors niul tukon to Lancaster, t I he detective reported that an ef- in fort win being made to run in and a) jet possession of young Croxton, o) mother witness for the State. He , ... H nut au'icipated this and had hint lid out and left t i?n toi >ok aftor C( lim. Ah it turned out, ho was Nnr?ct. While ho was out, look- 11 ng after this witness, 1 hud a ht :otiference with Sheriff Hunter at et he hotel here, as suggested by b rout letter, and told him 1 would, |(1 >y 12 o'clock the next day, let n lint know whether wo could hold ho preliminary on the 28th. This was on the evening of the 2Gth. That from appearance of lc hings it lookod like it would be ri impossible to hold it ttion. At di tho same time and place I mot Mr h W \j Croxton, tho tathor ot young jt Uroxton, anothor witness for tho f? State, hunting his son. Young ru 3roxton's father and brother tl with detective help (this is upon of formation), ran him down and cc ;ot possesion of him in Charlotte st )C the 27th. Over the 'phone I nstructed the detective to turn w foung Croxton over to his father al ipon his giving itceipt for him, ti< jontaining express promise to Sc lave hitu at the preliminary hear- st ng on Wednesday May 3d, to ti< estify. The receipt of Mr W L co Droxton, given to a policeman in It Jharlolte, is as follows: es 41I hereby agree and promise sc o hi ve my son, Spencer .1 Crox- at on, at the preliminary hearing of ec h*) persons charged with lynching ty o he held at Lancaster, S. C., on w iVednesday, May 3rd, at 10 ju 'clock a. in. (erasures: to testify w. n behalf of State). This April tli 17, 1905, ar U\V L Croxton. co "Witness: G F Duke." tr( Erasures in ahovons per original) A short while before going to ho'phono about noon to confer kn nth the detective over young co Jroxton, I 'phoned Sheriff Hun- ^ er that it would be impossible for ho State to go into the prelimi- j ary on the 28th of April and re- tJv nosted him to so advise defend- nu nts and their counsel. Some mt linntes thereafter Magistrate jiskey called me to the 'phone ^ nd said tho accused demanded a ;ty reliminary on the next day, inf tpril 28th. Upon my saying it igt srould be impossible to go into it nd 1 would have to move for a . ' ontinuance, he urged me to come to ivor and make m^ motion. J is tromised and went. \s to what i"! here occurred I append the official tenographers notes (Exhibit E). Sarly on the morning of the 28th or ! received the receipt of Mr W L m Jroxton. I mel the detective of ,vho had charge of the case at the ,s rain about four minutes before die train loft for Lancaster. Aftor ^j. i short conference, in which 1 pi found out that it was doubtful st ibout Croxton testifying and that ither witnesses could not then be ^ produced, I dismissed him and S( went over to make the motion to w jontinuo till May 3rd. In my d apinion, if Hough's and Crox- s.' ton's statements aro true (and if " the Stato desired an opportunity a to put them to the tost) there is a enough evidence to put all the e parties except Austin on trial. ? L could not get tho wit- t! lesses there on tho 28th of April ^ ifter tho running off of the State's a illeged witnesses. Why the mag- G atrato dismissed the proceeding f' lpon a motion to continue I cun't lonceive, in the face of section 28 Q )f the criminal code, 1902, and of e he docision of our supreme court ^ i tho cnso of StHte vs. Arthur et alx . (MeMullun 456). tliM syllabus ^?" hgl F which is as follows: "Where 0f >vo justices under tho habeas the lrpus act, had admitted a person ? hail who was charged with tha inrder in tho warrant, it was l,Cf eld that they were guilty of an jcapo and might very properly the o indicted." Ho may have fol- ecl iwod tho udvico so often given '''' ^ zen lagistrutes, 10 wit, "Go upon stit oneral p.riuciplos to do right. lcr ?f oil are not paid fot or supposed ) know the law. Try to do pet ght. If you miss it you have ^CI one tho host you could. If you .*?n avo tried to do right tho circuit idge will conoct you " The tioi iregoing are tho facts and infer* lation known to me. This closes tut wo 10 second chapter in tho lynching OM( F Morr'son. Tho magistrate'* rig induct cannot affect the case. It bc< ill stands open. ri^ Tf- tni'nc /m?*- 4-K ~ ...1-?? t 'I 1 .. v11l liiui. wucn rioyu. Sqj. as shot down, strange to say, of though contrary to his reputa- j on, lie had a pistol upon his per- j ma >n, if not in his hand. This! ? , . . . ! ma atemcnt is made from informa- ^jn on from the highest sources. The spe ise is now up to the grand jury may be there arc other witnessSo far as the State is reprcnted by me, the policy adopted II the beginning will be contin1. I am ready to grant amncs to any and every person who ^ ill aid the State in bringing to ^ea sticc the persons who with If t ickcd hands slew Morrison at ttn e tree or led the mob. These 8,1" e not over eight or ten. I an) ^'1H nfident the whole crowd at the :c diil not exceed 30. Not CONCI.USIOFS. P|" "The foregoing report is from ^ lown facts, credible information a,rai rroborated by circumstances. liar >w for the conclusion from the prcs lole matter: ^1C "Morrison a prisoner of State, a^| P s been taken from prison and e custody of officers wild foully 1 irdercd, for slaying his fellow m, who contrary to his reputa* >n, was, at that time armed tli a deadly weapon. Morrison is a white man, in that conimun without family connections or luencc and without money, \\ orant, with a helpless and ig- one rant family dependent 011 him. of I. ic boast is, he was so despised life 1 the eyes of the community as uce, be denied burial place. There R no possibility of his death be- Aid avenged, except by the State, tcr i the great Sovereign Governor the the universe. Humanely an c eaking, it seem*, there is no fill < le to take any interest in the be attcr, unless the oath-bound of } ficars of the law do so, and this 0pc not popular nor pleasant nor til * ofitable, as I know. Bnt it is R0; jty. Unless the lauded doctrine Wa lat Government is set for the to 1 rotcction of weak against the ] rong is a false pretence and a jqC e, tins is a case where the State lould exhaust every resource j nown to your Excellency to as:rt the supremacy of law. It ( as, besides a foul murder, a ircct slap in the face of the svereign State of South Carona. We officers are sworn to n iipport the Constitution, State CHH nd Federal, One bed-rock, inlienable, guaranteed right of j()( very man, upon the accusation f crime, is a fair and impartial *ial by a jury of his peers. This 'as denied Morrison. If the ong tate is so impotent as not to be ble to enforce and protect this rod-given right or avenge its in* action the quicker we know it i * .. 1 SHI' lie better. "The universal concensus of , pinion, from start to finish, from .. very source, was th^t the State * 11 'ould not be able to do anything! ?ut the lynching, and it was ilhardy to attempt it. In the it of experience on the 2ttth April, it seems true, unless grand jury of the county will ke up to its sworn duty (I am I and sick at heart to observe t when 1 speak of sworn duty >ple smile in my face) if it fails do so, or accomplish anything vards investigation of the case, n surely it is up to your KxIcncyto declare the State une to guard or protect the citii in the enjoyment of his conutional right, and rcferthc matto the president or Congress the United States, that for the urc every citizen may live in feet security. The lack of this feet security is responsible for id citizens going continually ncd to protect themselves. 'If it were a matter of infracn of Inter-State commerce hts under the national Constiion, the United States courts uld have jurisdiction. When : of the dearest constitutional hts, touching life itself, lias :n denied a citizen, like the lit of trial by jury, there ought be some remedy or remedies, nehow or somewhere. I know none. 'The above is as full as I can ke it. If L have blundered y were my blunders. You y judge whether they were nrt#*re A 11 ~C ? ' jiu ui wnicn is rcctfully submitted. J K IIENRY. Solicitor Sixth Circuit. May, 1905. eiimonia Is Robbed of Its Tor rora Foley's Honey and l'ar. It pa the racking cough * and and Is and strengthens tho lungs, aken in time it will prevont an tck of pneumonia. Hefuss stitutes. Sold hy Fundorburk rmacy. Sice to Debtors and editors of C H Lathan 11 persons having claims nst the estate of Charles vcy Lathau, deceased, will cut them properly proven to undersigned for payment, and crsons indebted to said estate make immediate pyament to same. John T Green, Fi2, 1900-1 m. Executor. ice of Election for an Alderman. Micreas, John A Miller, lately of the Aldermen of the town ancaster, has departed this leaving a vacancy in said ofcsolved by the Mayor and crmcn of the Town of Lancasin council assembled and by authority of the same, that dection is hereby ordered to ?aid vacancy, said election to held on Monday the 5th day une, 1905, the polls to be ncd from 8 o'clock a. m., unj. o'clock p. m., and that J C iter, Amos McManus and J M irwick be appointed managers liold said election. Ratified this 6th day of May, >5. gncaj k. iv. vvvi^uv, Attested by: Mayor. D. JOKKS, Jlcrk and Trcas. NOTICE! ~ riie Hoard of Control for Lanier County will meet at Lanter C. II., S. 0., on Tuesday, le Oth, 1905, for the purpose electing dispensers for the dis)sary at Lancaster C. H., and dispensary at Kershaw for tho ining year beginning July 1st )5. Applications for these utions must bo filed with saio ird at least twenty days before 1 ..*4 t C ? -I AAK ii om ox .iiino i'juo. ,J E W Haile. r Board of Co Control L C. ly 5, 1905 ? lm. ?Pay for Tbe Ledger.