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JUDGE O'NEALL'S ELOQUENCE. Strikingly Displayed in Talk to Un ion Man is Sentencing Him to be Hanged. The Union Progress of recent date publishes an account. written for its columns 'by James L. Strain, of the trial and execution in Union county of Phineas H. Johnson, who was con vieted of the murder of a vouno wo man, and in connection with the ae count of the trial is given Judge John Belton 0 'Neall 's eloquent talk to the prisoner in sentenicing him to be 1hanged. The account of :the trial, with the iemarks of Judge O'Neall. is as fol lows: Story of Phineas Johnson's Crime. "Phine,as H. Johnson, who for the murder of Mary Ann Hyatt. paid the death penalty on Friday, Feb rary 13th, 1832, was the son of Wyatt Johnson, a well to do citizen of Union county. Phineas seems to )have been a man of some edacation, and to have iliad -an opportunity to 'work -out for himself a better fate. He and his victim were members of the Tme community, and if memory serves aright, were members of the same Sabbath school, in which he was a teacher. He became enamored of this beau tiful young woman -and on th:e prom ise of marriage her ruin was aceom plisbed. As a result of itheir crim inal intimacy two ehildren were born to them, and as would be expeeted, The result of -her conduct was that she was forsaken by her former friends and associates and left in the most deplorable condition. That Johnson had promised to mairry 'the young wo man, there seems to be no doubt. This he failed to do. Instead <he courted and married another young woman. This naturally caused his victim to resort to legal proceedings in order to get some necessary support for herself and children. These proceed ings were never instituted by 'her so fair as can be learned, for it seems that the night before she was to get out the papers, she was killed; shot in the ,head with a rifle wihile sitting stringing beans. Death seems Ito have been instantaneous, for she simply sank down in the chair without fall ing from it, her little sleeping infant reaining in 'her lap. The report of the gun was heard in the neighbor 6'ood, but no one .thought anything .unusu.al a.bouit it, except that a story is told of h'ow a jack-ass, which al ways allowed 'himself to be heard when -anything unusual occurred, brayed most vigorously. How Murder Became Known. It was not until the next day that the murder became known. The way it came to be discovered was that a negro, Sam Smith, who belonged to Mr. R obbin Smith, wiho was on a vis it to one of Sam's sons went to the stable to feed the horses. Thie sta bles were near 'the Hyatt home. Hear ing the children crying, he went to see wihat was the matter. He found the children on bhe fl>or 'and the motiher cold in death still sitting in her chair with a pool of blood on the floor. The negro gave the alarm. "Suspieion seems to have at once faBlen on Phineas Johnson, and he was a.ccordingly arres.ted, Coroner Ed Gregory holding the inqu&a and comn mitting Johnson to jail. No record is obtainable of the fea tures brong~ht out at 'the inquest. th'ough it is believed to have been en ti'relv circumstantial. As Johnson was on his way ~to jail in charge of the sheriff, they had to pass Bethlehem church, w here some of the neighbors were digging a girave in which to bury tLe murdered woman. As John son passed lie was very defi-ant and indifferent in 'his manner, whistling and makin'g remarks that would be unprint-able here. Sometime ai'ter this court convened for the itrial in the year 185L Thos. N. Dawkins was solicitor. The jury ,jwas empanelled with J. Starks Sims ~as foreman, and it is t'houghit that the late Adam Goudelock of Gowdeys ville was one of them. On the 'train of circumstantial evidence Johnson wvas 'cnvicted. The case was 'appealed sto sur'eme court, which, however, con firmed the findings of the lower count. When court again con vened and Johnson was again brought .ip to receive the death sentence, it was before Judge John Belton 0O'Neall, one of the most famous judges South Carolina has ever !had. In passing sentence Jadge o 'Neall made the following strong remarks whie'h 'have been recorded in the Unionv.ille Journal of that period and are as Pollows: Judge O'Nea'a's Talk do ?riseAer. "Phineas Johnson: Toungm ma.. how can I say to you in the awful language of the inspired prophet, 'Set thy .house in order, for tihou shalt die, and not lire!' Tet it must be done. You are rhere. before me now, in the morning of life-in a few* brief days y'ou will be cat off, and the place which now knows, 2.shiall know vou nomm-or me orv.'It is my 'duty to yoi, that the nature of your crime forbids tie possibility of .pardor Iheire. I'itir only hope for pardon is in the mereiful atonement offered. for you and all men, in the -broken body and streaming blood of Him, who cried, 'Fat.her, forgive it.hem, for tirey know nt what they do.' "Your crime, awful as it is, must be set before you, in the shope that it may do you and the community gWood. To cree) upoi a poor woman in her own cabin, in the stillness of night. with her nursling at her feet, her first-born wrapped in infantile innocent slumber by her side, when hands were preparing the scanty por tion of vegetables for fher and their food. and to shoot her as a wild beast. hardly has a parallel in the an nals of crime. 'When to this is added the fact that the guilty wretch who committed this deed was iher seducer, the father of hier little ones, where, oh where, shall we find anoiher as foul a blot on humanity. "To you, at least, her person ought .to have been sacred. For you, she had made herself the guilty, degarded being to whom beauty was a reproach, character was infamy, and affection was -hatred. For you, she had left a father's house -and plenty, and had become dependent on almost charity for food and covering. To you, -she had given the pledges of her love in the stairing, degraded children: around her! How could you, young man, slay her, w1ho had thus given her all to you? How could you, level your gun at thie head, which -had of ten been pillowed, in guilty affection upon your bosom? Remember, I beg you to remember, that her blood will sink you forever into everlasting tor ments unless you ean feel that mercy your Saviour's dying mercy, has re moved the guilty weight of it from your soul. "It is necessary, too, young man, for your own sake 'and that of the section of the country (Pea Ridge, of Union District) from whieh you came that it should be said, I fear your crime is itle consequence of the gross immortality and vice. which has too much there abounded. Female vir tue, has there, I am told, lost its ap propriate value. Seduction is not re garded as a crime; and concubinage, is not at all irare and disgraceful. Will you not, as you a4pproach the gallows, say with me, 'Shame upon such a stair.e of .thins!' You will be, most probably, the first white man -hanged in Union District; and fearful will be the commentary of your fate, upon such a state of morals. "Is it true t.ha.t you an.d the de ceased were onee membl~ei-s of the same religious community ? ()an it be that you forgot that the weak and lovely being at your side, was your sister in .tihe house of your Master, and that violating her confidence,- you snatehed a erown of pea~ce from her head. to place upon it one of shame! Oh! if these things be so, think upon them-ponder them night and day for they demand a fearful reckoning and a.ceount. "'From you I turn and with me I hlope you will in t'hought also go, to the house of your parents. What is there? Peace! No, oh no! I can, in imainat.ion, 'hea.r your young wife frantically asking to be allowed to share your' prison solitude; your mother. lik.e Rachael, weepin~g for her children and would not- be comforted for they wvere not-, your fatdher, one respectable, now brokeni down and la mentinlg like David for Absalom. 'Oh, my son, would to God that I .had died for thee!' Who has caused this scene of morin?Mst I say, guilty Voun1g man. thou art the man! Sad and Awful Thoughts. "Sad and awful as all these thoughts and remninisenss may be, they alre as nortiinig to that, which s befor~e you! Death, a shameful death, in a few days must be met and suffered. Oh ! young man, do not die forever. "God is before you, as He ever hlas been, willing :1 o be gr'acious. He still points you to the atonemen.t offered on Calva,ry. He still says. 'Wash and be clean.' "'I have no doubt that, although a murderer like Massey, you may yet have -his hope of pardon and peace. I have beard with great pleasure that, you have, as you believe, experienced thlat hope. "'Be not dleceiv'ed! Wrest-le continl ualy, lik.e good old Jacob with t'he ang'el of the covenant, and say like him. -I will not let thee go.,i til'hou bless mue.' "May you hlave that blessing! May God pass youn through the dark val iev of .the sihadow of death and enable you to say. 'I will fear no evil, for (L. n>d an.d thly staff dothI support me.' '"Thle sentence. o the law is, that you be taken hence to tihe jail from which you .eame also. thence to the jail of Iknionl District. thlat you there be safely and securely donfined unitil Friday. the 1:3th day of' Febr'uar'y next. In 'Iwhich day. b)et ween tile hours of ten ill the forenoon, and two inl t!m .a-rln.n VI will he taken by the sheriff of Union District to th-e place of public 'execution and there be hanged by the neck until dead. And may God 'have mercy on your soul.'" All hope gone, Phineas H. Johnson made full confession of the crime which was a start.ling revelation. The writing of this confession was among the first offici.al acts of the late Col. I. G. McKissick, who had just been elected clerk of Union county (then known as Distriot.) It covered near ly two columns in the paper in which it was printed and verified the wis dom of the court wihieli had tried an, found him guilty, confirming every detail as brought in the evidence. When Friday, February 13th, 1852, the day set for the execution, had ar rived, in accordance with :the sen tence, Johnson was taken to the gal lows, which had been erected at what is still known as .he old hanging grounds, about two miles West of Union, on .the 'road to Glenn Springs. In the presence of 'a large and awed assemblage, his spiritual adviser, the Rev. Mr. Farrow, preached his funer a.l sermon from a'temt found in He brews 9-27, "As it is a'ppoint3d unto man but once to die, but after this the judgment." The funeral service hav ing coneluded Johnson; dressed in the habiliments of the grave; ascended the scaffold with a firm step. The cap was .then 'adjusted and Sheriff GibV- asked Johnson if he had any thing more teo say. His 'reply was no the trap was then sprung, 'and the soul of Phineas H. Joihnson was launched into ete..ney. His body was taken dow1.1 after he was pronounced dea.d and buried in 'his father's gar den not fa-r from Kelley 's, in this county. HOUSE DECLARES KNOX ELIGIBLE Washington, Feb. 15.-By a vote of 173 to 117 the house today passed .the bill.removing the bar to Senator Knox's eligibility for the office of secretary of state. This was the sec ond vote of t.he day on this measure, and the two were separated only by about two hours' time. The first vote was taken on the bill under gen eral order for the suspension of the rules, and under that order, accord ing to the standing rules of the house, -a bill must receive a two-thirds majority to insure its passage. The first voote stood 173 to 123, .the m'a jority thus falling considerably below feC two-thirds requirement. NEWBERR.Y UNION STATION. Arrival and Departure of Passenger Trains-Effective 12.01 A. M. Sunday, June 7th, 1908. Southern Railway: No. 15 for Greenville .. .. 8.57a.m Nr.. ~i8 for Cohimbia .. . .1.40 p.m. No. 1.1 for (Greenville .....3.20 p.m. No. 16 for Columbia .. . ..8.47 p.m. C., N. & L. Rv *No. 22 for Columbia .. . .8.47 a.m. n.~ 52 for Oreenville .. 12.56 p.m. No. .s for Columnbia .. . .3.20 p.m. * No. 21 for Laurens .. . .7.25 p.m. *Does not run on Sunday This time table shows the times~ at which trains may be expeeted to de part from this station, but their de parture is not guaranteed and the time shown is subject to change with out notie. 0. L. Roinson, Station Master. I0 AId Ewart=Perry Company STILL ALIVE AND IN BUSINESS THEY WILL CONTINUE TO SELL All Winter Clothing and Heavy Shoes AT COST COME TO US When in need of anything in Clothing, Shoes, H ats, Shirts, Etc. We Will Save You Money. Thanking the generous public for their past patronage, we respect fully ask a continuance of same, promising to give in return a fair and square deal to all. Ewart =Perry Company YOUR BANKING! THE NEWBEIRRY SAVINGS BANK. apital $50,000 - -- Surplus $30,00C No Matter How Small two Matter How Large, The Newberry Savings Bank vill g?ve it care'ful attention. This message pp".es to th-'e r.wn and the v'omen alike. S. c!N OSH .E. NORWOOD, Newberrg Hardware' Compaqn *0 CDE t|||L NlEWBERRY ARDWARE CMPANY.