Historical Newspapers of South Carolina

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MO;IN IfO NEW TRIAL'. Judge Shipp Reserved His Decision and Takes Matter Uzger, Advise. -ment. The following article was taken 'froni Saturday's Sumter Item. The motion for a new\ trial in the case of the State vs. J C. Wallace, who was convicted during the Oc tober teri of the General Sessions *Couart of an attempted criminal -ass sault fn a young girl under four tdon. years of age and , sentenced during that term of. court to the electric chair, 'was heard Friday atfernoon before Judge S. W. G. Shipp. The grounds upon which the motion for new trial rested were founded upon a sworn affidavit by Newton B. Cockrill which was taken before 'A. W. Holman, an attorney in 'Columbia, which was as follows: "Personally appeared Newton Cock eril1, who being duly sworn, says: 'That the testimony given against J. C. Wallace at the October term of, court of . general sessions for Sumter county by himself, for at tempting criminal ravishing was er roneous and wholly unfounded and was prompted by persuasion and n-alice; and deponent further says :that the complaints made to him by - 'was about getting a whip ping anti not about rape; that depon -ent had been drinking on the night in question and could not say posi tively' what happened; that depon -ent -was shocked at the verdict and cannot hold this man's blood on his hands any longer, and makes this affidavit of his own free will and ac cord. "Sworn to before me this 13th day .of December, A. D., 1921. (Signed) "N. B. Cockerill." 'A. W. Holman, Notary Public for 'South Carolina. The following affidavits in sub stantiation of the motion for new 'trial were also read before the court by the , defendant's counsel, Harby .Nash and Harby -and L. D. Jennings. The following affidavits were sub 'mitted by attorneys for J. C. Wal lace. This is to certify that about a week ago Newton Cockerill made an affidavit before me concerning his testimony given for the state in the case against J. C. Wallace for rape or attempted rape deponent appear ed to be perfectly rational and ap peared to know what he was doing; I advised him at the time that he would be liable to prosecution for perjury for making said affidavit; he signed it after having been so advised. :Signed: A. W. Holman, L. S. Notary Public for South Carolina, December 21, 1921. -Personally appeared before me W. H. Hatchell, who being duly sworn says: That he has heard read over the affidavit of Newton D. Cockerill, signed and dated Feb ruary 18th, 1922. That deponent never bought any r, A'I Fair ] Come in and, let us pros New Sprir $15.00, $18.50, An attractive showing splendid $3.00 t Men's and Boys' Dr prices you can afford t< You take no chances Our' merchandise must refund your money. O u l SUMTE whiskey for Cockerill as alleged in said affidttvit, and tIlat while the said Cockerill was in Columbia, de ponent never gave hint any wvhis key, nor did the said Cockerill ask eponent for any vhiskey, nor was person, so far as deponent knows. That the said N. D. Cockerill, at the time he signed the affidavit be fore M. A. W. Holman, was sober, i10 A We have been asked subscriptions to The of March. So any or us corn for the next 3 scription price of The FARIV1 [s for your use, and it without paying out an :ounty paper to keep and get a receipt for ; >ushels of corn meant s no limit to the amol TH 'A Price. re this statement. g Suits at $21.00, $25.00 of Men's odd Trousers, values at 3 $6.00 ss and Work Shoes at pay. when you buy here, make good, or we will R, S. C. knew what he wvas doing, and the said affidavit vas read over by the said Cockerill, and he knew what he was signing. W. II. Ilatchell, Sworn to before me this 24th day of February, 1922. S. K. Nash, (L. S.) Notary Public for South Carolina. Personally appeared before me I BUSHI by a great many farir Fimes that we have de e wishing to take adv 0 days and we will al Times. Remember, E RS' is absolutely FREE! y cash. This being a~ up with the politician L year or more to besi a year's subscription, Lint of corn we will tat E MANN: Mrs. Bernice C. Wallace, who being duly sworn says: That she has heard read over the affidavit of N. D. Cockerill, dated February 18th, 1922. That deponent denies that she ever bought, or had any whiskey bought for Cockerill, nor did the said' Cockerill have any whiskey when he went to Columbia. That the said Cockerill was sober when he left Sumter, and that he had no whiskey during the trip, nor was any whiskey bought for him, to deponent's knowledge while the said Cockerill was in Columbia. That the. said Cockerill came to de ponent during early part of De cember, 1921, and told deponent that, he had been to see Mr. Wal lace, and had talked with Wallace, and that he had ' told Wallace that his testimony given t the trial was false, and that he desired to correct it, as he did not wish the blood of an innocent man on his hands; but that he, Cockerill was sacred to make an affidavit before any officer in Sumter, as the matter would become known, and would cause him, Cockerill, trouble. That deponent was going to Columbia to get board for her daughter, M'. ache, So that the said Mozelle could attend school in Columbi., and stated to Cockerill that he could k.o along with deponcnt, ant that the affidavit could be made in Columbia, S, C., before some' per son who did not know about the case, and who would not nualke the matter known. That the said Coeckerill went with deponent to Columbia, on his own free will, without any urging or prompting upon the part of de ponent, and without any promise of reward, That deponent has never promised any reward, nor has she ever given the said Cockerill any re ward, nor has she ever offered, or held out any offer or reward to the said Cockerill for making any affi davit, nor has she ever promised the said Cockerill any money so that he might leave the country, nor has de pon'ent ever bought or offered to buy, or offered to Cockerill any suit of clothes as alleged in the affidavit of Cockerill. That the said Cockerill express ed deep remorse, and stated to de ponent time after time, during the trip to Columbia, that he, Cock erill had testified falsely at the trial of Mr. Wallace, and stated that he wished to do all that he could to undo the wrong that he had done to Wallace. That the said Cockerill was so )cr, and knew what he was doing mnd did the same willingly, freely, oluntarily, and of his own accord. Chat deponent never begged, or re juested Cockerill to go to see Wal ace, as alleged in' his aflidavit, and lid not know of his having gone to ec him until he, Cockerill, told de onent of it. B. G. Wallace. Sworn to before me this 24th day f February, 1922. S. K. Nash, (L. S.) Notary Public for South Carolina. EL FOI ers to extend the tim scided to accept corn antage of og.r co-oper low them $1.00 per farmers. the column I EX CH. Now is the time to g olitical year everybo ;. Bring your corn t< weekly paper in the Bring as many bush e. INC TIM Pe:sonally apepared before me A. W. iolnian, who, being duly sworn, says: That he is a practicing attorney of the Richland County Bar, and has been a practicing attorney for nearly fourteen years; that on the 13th day of December, 1921 Mrs. J. C. Wallace, accompanied by W. H. Hatchell, came to deponent's resi dence and reuqested deponent to pre pare an affidavit to be signed by one Newton B. Cockerill; that deponent advised them to go to his office and wait until he caine, and have the party who was to make the affidavit there; that said parties, along with Newton B. Cockerill, were either at his ofice when he arrived or came in shortly thereafter; that prior to writing said affidavit there was con siderable discussion concerning the matter, all parties being present; that either before deponent complet ed the writing of the aflidavit or be fore he commenced the aflidavit, de ponent explained to Cockerill that such an aflidavit, would lay him liable to a criminal prosecution for perjury, and advise dhim to be careful before he made such an affidavit; that dur ing said discussion, the matter was fully explained by deponent to New ton B. Cockerill, and Cockerill appear ed perfectly willing and anxious to make said affidavit, and that there was nothing to indicate at any time that any outside pressure was brought to bear upon the anhi Cockerill by way of threats, duress or otherwise tQ compel him to make the said af fidavit; that he has heard read an affidavit made subsequently by New ton B. Cockerill that he was drunk and in a dazed condition, but that at said time and place there was nothing about Cockerill's- appearance, attitude or mentality to in any wise indicate to deponent that Cockerill was drunk Or under the influence of ainy intoxi cants or anything else, but to the contrary his conduct was that of a rational and poised man; that de ponent advised Cockerill that at the time he testified against Wallace if he was under the influence of whiskey to such an extent that his mind was deranged and that he did not know what he was testifying, that he could make an affidivit to that ef feet and if such were true he would not be liable for a prosecution for perjury, but the said Newton B. Cockerill did not wish the affidavit made in that manner; that the said -Newton B. Cockerill was allowed every opportunity and consideration of said aflidavit, and the said affida vit was not only read over to him be EAGLE "MKAD" For Sale at your Dealer ASK FOR THE YELLOW P1 EAGLE EAGLE PENCIL CO t CORET e for taking corn on through the month ative offer can bring bushel on the sub 1eaded A NGE et your county paper :Jy should take the > The Times offiee State. Every two els as you like, there ES Page Three foie he signed it, but was explained in detail. (Signed) A. W. Holman. Sworn to before me this the 24th (lay of February, 1922. (Continued on page four) Professional Cards JNO. G. DINKINS Attorney-at-Law MANNING, S. C. DuRANT & ELLERBE Attorneys-at-Law MANNING, S. C. R. O. Purdy S. Oliver O'I3ryan PURDY & O'BRYAN Attorneys and Counselors at Law MANNING. S. C. l - FRED LESESNII Attorney.-atLaw MANNING, S. C. MONEY TO LOAN On Real Estate-Small and Large Loans. Long Terms. . J. W. WIDEMAN Attorney-at-Law. MANNING, S. C. I. C. CURTIS Attorney-at-Law g MANNING, S. C. , J. A. Weinberg Taylor II. Stukes WEINBERG & STUKES Attorneys-at-Law MANNING, S. C. Pencil No.174 Made in five grades NCIL WITH THE RED BAND MIKADO 1PANY, NEW YORK