The herald and news. (Newberry S.C.) 1903-1937, January 07, 1910, Page SIX, Image 6
JONES BEFORE COURT.
Union Man Under Life Sentence t
Hears His AppeaL.-The Attor
neys' Arguments.
Columbia State, 5th.
With his little boy at his side W.
T. Jones, the Union county farmer
who was convicted of killing his
wife, listened to arguments in his
.own behalf in the sapreme court yes
terday. While his attorneys were
making earnest pleas for a new trial
Jones sat with lowered eyes and
now and then his face betrayed some
of the emotion that must have been
lurking in -his heart. The detailed
story of the crime .with which he is
4arged seemed to move him most
and it could be plainly seen that the
memory of that fatal night when his
youg wife went to her death bore
deeply upon him.
The penitentiary for life stares
W. T. Jones in the face. Repeatedly
having declared that he would rather
die tan come here to serve his sen
tenee the condemned man is grasp
ing at a last straw and the result of
this appeal to the highest court of
the State means much to him.
Should a new trial be granted there
is the hope the next jury may not be
so hard with its verdict. There is the
hope that some evidence not adduced
at the first trial may be brought, out
in his favor.
Exercising the right given under
te laws the defendant appeared at
the supreme court. He wore a light
gray suit, was carefully groomed and
altogether gave the appearance of
being a prosperous man. When the
'supreme court hands down its decis
ion in this case will be writen the
last chapter, perhaps, in one of the
most sensational trials ever held in
South Crolina, unless, of course, a
new trial is ordered. The s%preme
court justices appea.ed to be very
mmeh interested in the words of the
attorneys and now and then leaned
forward to catoh the argument more
dearly, evincing more than ordinary
interest in the case.
Judge Memmiuger Attacked.
Solicitor Otts and Attorney Saw
yer were not present for the .State,
Ike former having been confined to
bed for some time nd the latter
having been ealled to Spartaniburg.
However, writtem arguments had
been suibmitted ,by attorneys on both
sides and have been printed from
Jie o im as they were filed in
the supreme court.
The feature of the hearing was
the attack* upon the charge of Judge
mminger -whih ihas already been
referred to. The verbal attacks
were, moreover, more vituperative
than the written argument. Ini ad
dition to the argument of Attorney'
Wilson, who especially dwelt upon
the matter of the second charge of
Judge Memmringer of Charleston, in
this eas~e. Attorney George John
stonie stressed the reference that
Judge Meimminger made to the Hoyt
Hayes trial, the famous handwriting
ease. "TLhis ease," declared Mr.
Johnstone, "was presented in such a
* anner as to show them his con-vie
tions thereon." "He reviewed the
t*wo eases, in part, and showed the
sleet, as he conceived it, of the com
parison of the cases.
He objeeted to a statement of the
presiding judge that "I thought the
governor did wrong in pardoning
that man," this referrimg to Hoyt~
Kayes.
Mest u'uasua'l were the lawyer's
vefereniees to the judge's ruling as to
.Ihjections. '"You've objeeted to
bhat already; Iil-e onsider that you
are objeeting to 'every syalable of
'ibis witness." He pointed out that
he was very much emibarrassed by
Another unosual referencea is to
the admission of a statement that
Mrs. Jones was erying. Was this anm
.xpression to be ruled upon just as
- 'wonversation would be? That is to
say is crying to be ruled out as being
the same as words not spoken in the
presence of the defendant? This is
a very important orbiter dictam that
may be touched on by the court.
Reference was made to afB4avita
in the motion for a nc -trial.' It was
* ontended that a new trial should
have been granted on t-he showing
that one juror in discussing the case
S N m c(( a P - 0
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STA -
e. he do no ae0- d Q
K. .Gioovom
nomindafin.esVtn
D
Lterward sai(, '-Hang 111i1' a
ther said, it is alleged, "He ought
0 be lynched," and several other
;uch expressions. According to coun
el for the defendant Judge Mem
ninger said: "I don't believe!
;hem,' and refused to grant the new
ror the State.
Touching poimts of the testimony
it was stated that "the next day
3regory endeavored to see Jones, but
eould not do so, as he was constantly
out of town until March 27, when
Le saw him and charged him with
having sent his wife in the room to
him. His reply-was, it was submit
ted, not a denial of the charge, but
he merely said, "You or she one
lied," this being one of the sensa
tional bits of testimony.
The argument for the State pointed
out many other facts as to the testi
moly.
The State's position in regard to
the -second 4harge that has caused so
much disussion is that the charge
should be considered as a whole and
Solicitor Otts' argument states that
when this is done the charge itself
will refute the argument of the de
fetse i4 regard thereto. Oine state
ment objected to and referred to in
the State's argument in refating the
same is:"-'I Iwill do so at the risk
that I might make some little slip in
stating to you the law of the ease,"
and the State's argument says: ''We
frankly confess that we do 'not see
.what this exception means but the in
tepretation we put on it is that he
told, the jury no matter what errors
of law, slight or otherwise, he might
commit, . they would be revised by
the supreme court and any mistake
he made would be righted by that
court.
The State points out that "aside
from aU the alleged errors there re
mains the testimony of one witnes
which alone is saffient to warrant
the jury in rendering a verdict of
gilty. 14
This ease is a very important one
and its deeision by the spreme court
will .be a fr-reading one in either
case-whether a. new trial is grant
ed or the supreme court aMis the
lower court for the question of cir
emstantial evidenee plays quite ,-a
roe in the. caILse-ad the charge of
one of the Sa.te's eireuit judges is
brought up for consideration.
MOSE DONS PRISON STRIPBS.
Former Ice King Begins Serving Fif
teen~ Years Sentence.
Atlan,ta, Ga,:- January 3.-Charles
Wman Morse, former ''ice king"
and millionaire banker, at noon today
began his service of a fifteen-year
sentence in the Atlanta Federal pris
on for violation of the national bank
ing laws. He is registered as Con
vit No. 2,814, and tonight occupied
a steel eell not in the least different
from those to which are assigned the
several hundred prisoners. His im
mauate tailored garments gave way
to a regulation suit of stripes, nor
'did the distinguised prisoner escape.
the Bertillon expert,the prison pho
tographer, the regulation bath or
the barber.
POLICY HOLDERS MEETING.
The Policy Holders of the Farm
ers Mutual Insurance Association of
Newberry' County will meet at N~ew
berry Court House on Friday, Janu
ary 7th, 1909, at 11 o'clock a. m.
Every policy holder is expected to be
present or send proxy, as business of
importance to all will come up at
this meeting.
L. I. Epting,
Secretary.
R. T. C. Hunter, President.
NOTICE.
I The regular aznual meeting of the
Stocholdeie of The National Bink
of Newberry, S. C., Will be held in
the banking house on Tuesday, Jan
ary 11, 1910, at 12 o'cloek M., br
the election of a Board of Diretoro
and the rtaneaetion of such other
business that may be brought before
nem.
R. D. Smith,
-Cashier.
e in The Herald
oting Contest.
mionday, Jain. 10, 1910.)