Historical Newspapers of South Carolina

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. THE MANNI Entered at the Postoffice at ME Appelt & Sho] Published Eve Subscription Rates $2.1 MANNING, S. C., WEDb MOTION FOR NEW URIAL FOR WALLACE IS- HEARD (Continued from page three) (Signed) Benjamin D. Hodges, Notary Public for South Carolina. Personally appeared before me W. H. Hatchell, who, being duly sworn, saes: That he 's thirty three years of age, resides at 14119 Jefferson Street, Columbia, S. C., and is a salesman for the Peoples' Furniture Co., of Co lumbia, S. C. That deponent has known J. C. Wallace for several years, and saw in the paper sometime ago of his conviction and sentence on the chargo of assault with intent to ravish; that deponent then wrote to Wallace not being sure that the man, convicted was th" man he knew, and in that way got in touch with him again; that when deponent ascertained this fact, in a friendly way, he wrote Wal lace, and told him that if there was anything he could do for him, to let him know. That deponent heard nothing more from Wallace, or about him, until the 12th day of December, 1921, when, at night, Newton B. Cockerill came to deponent's house, introduced himself to deponent, and tol deponent that he had come to him, as he knew that he was a friend of Wallace's, and that he, Cockerill, had something to tell deponent about the case. Cockerill said that he had come to Columbia for the purpose of re calling what he had done; that he intended to make an affiavit in Co lumbia; that he did not know who to go to to have the affidavit prepared, and had come to deponent to direct him; that he was afraid to make an affidavit before any one in Sumter county, because it might become known and he might suffer on account thereof; that he wanted to give Wal lace justice in the matter, and wantpd to give himself a get-away chance. Cockerill slid that he was sor ry Wallace had got into the trouble, and sorry that he was the cause of it; that the charge againat Wallace was untrue, and that he, Cockerill, had been sent by 'the gang" to Wal lace's house; that they had started to mob Wallace on one occasion on the road, and that he, Cockerill, had urged them not to do this and finally they decided that they would try to get something on Wallace and get rid of him in a legal way: that they sent hiim, Cockerill, to Wallace's house, for the purpose of getting some thing on him; that Cockerill was afraid not to do what they said, because of some private matters be tween these men and himself. That Cockerill (id not tell depon ent who "the gang" or "that bunch" as he sometimes referred to them, was, and deponent could not find out, but gathered the impression that it Ano the FOR the benefit anc Fpositor8 With cheC installed the Protectu C With this System, you for a certain amount a check by tearing it at th doneno check can be ra Call at our bank and 1 Systemn to you. It is ifr EQUALLY PRACTIC DESK AND PA Pro tectu THE BANK C JOSEPH SRROTT, President J A MS SQPuRO'I NG TIMES inning as Second-Class Matter. )e, Proprietors. ry Wednesday )0 per year in Advance [ESDAY, MARCH 1, 1922 was a number of men living in the neighborhood, interest d In running Wallace off, and that these men knew something about Cockerill of such a mature that they could get Cockerill in trouble if he did not do as they said; Cockerill' then went on to say that he went to Wallace's house in accor dance with the design, and stayed there until an opportunity arope when he thought he could get something on Wallace and that the charges against Wallace were the outcome of his visit; that when the charges were made, it was the plan of "the gang" merely to run Wallace off, and that the gang wanted to settle the case, if Wallace would go off; that no one thought the case would go as far as it (lid; that he, Cockerill, went ahead and testified' as he did at the trial, because he could not help himself, having /already committed himself t.: the story; that the story he told at the trial was not true, and that Wallace had (lone nothing wrong that Cockerill 'was willinb :o tell this story for the purpose of running Wallace away, but since the- trial had resulted as it had, he, Cock'erill had been greatly worried and felt tl*it innocent blood was on his hands; Cockerill also said that he had not been able to sleep at nights on account of worrying about what he had done; that he had been troubled and uneasy, and that, of , his own volition, he had gone to see Wallace and told him that he wanted to tell the truth, but that he was afraid to go to Wallace's lawyers in Sumter for fear it would leak out; that Wal lace had told him that he could go to Columbia; that he, Cockerill,' told Wallace that he did not know anyone in Columbia to go to; that Wallace had then given him deponent's name and address and told him that depon ent would take him to a lawyer for the purpose; Cockerill also told de ponent that he had made Wallace promise to let him, Cockerill, know before the matter became public, so that he, Cockerill would have the chance to get away. Cockerill seemed to be in his full sense.s; he did not appear to have been drinking; he seemed anxious to talk; appeared to be a conscience stricken mlan, with a burden of which he wished to rid himself, and told his story over and over to deponent; that they talked altogether for two or three hours that night and again the next, day. That on the next clay, deponent took Cockerill to Mr. A. W. Holman, a lawyer whom deponent knew; that Cockerill told Mr. Holman what he had told deponent the night before and asked Mr. Holman to fix up an aflidavit for Liml; that Mr. lolman, in deponent's presence, advised Cock ill that he Jas laying himself open to be indicted for Perjury and suggest- I ed to Cockerill that the aflilavit could he so drawn that it would not appear ,s if ('cockerill had knowingly and wil fully testified to something that was not true; that Cockerill replied that protection of our de ing accounts, we have heck System. can write your checks nd then protect your it amount. That being sed to a higher amount. t us demonstrate this se to all depositors. AL FOR POCKET, .Y ROLL USE y'To THlE ORDEROF? F MANNING T. M. MOUZON, Cashier A ssistani Cherm he was tired of lying and was going .to toll the truth and stick to it, and take the conoequencos, that Wallace was an innodent man, and that he, Cockerill could no longer have his blood on his hahds; that Mr. Hol man then fixed. up the affidavit and -deponent saw Cockerill sign it. That deponent went out of the office with Cockerill, and when they reached the street, Cockerill threw back his head, and raised his hand, and, that "Thank God, I have got that burden off of myself." That Cockerill appeared then to be a man who had been relieved of something that had been pressing him down, and seemed more cheerful. That deponent's. wife, Mrs. Roberta Hatchell, was not present when de ponent and Cockerill were talking the night Cockerill came, but was present the following morning and heard Cockerill tell his story over in sub stance as herein set forth. That )the donviesaJion Cockorill had with deponent was -altogether free and voluntary on. Cockerill's part; that deponent in no way held out any inducement to him to say what was said but, on the contrary, Cockerills' whole attitude and demean or was that of a man who had come to deponent for the purpose of telling him the truth about the matter which had been worrying him. (Signed) W. H. Hatchell. Sworn to before me this 26th day of December, 1921. Signed. A. S. Harby, (L. S.) Notary Public for S. C. Sworn affidavits as follows which were the direct contradiction of the previously filed affidavits were reaQi by the Attorneys for the state, So licitor Frank A. McLeod and L. E. Wood. Personally appeared before me N. B. Cockerill, who beipg duly sworn says: That Hon. Frank A. McLeod, solicitor of the Third cir cuit, has read very slowly and e plained fully to me the following affidavitsi -affidavit made by W. H. Hatchell, of December 26, 1921, the affidavit by A. W. Holman, dated December 21, 1921, and an affidavit alleged to have been made by me dated December 13, 1921. I did not go ,to the home of W. H. Hatchell and introduce myself to him, for I had never heard of him up to that time. Mrs. Bernice G. Wal lace, together with DeLeon Wallace took me to Columbia on the night of 12th December, 19121, leaving Sumter in the -night time and arriving in Co lumbia after 12 o'clock in the night. Mrs. Wallace said she wanted me to go with her before Governor Cooper to get Mr. Wallace's sentence coi m uted Ifrom electrocution to life sen tence, I thought I was going to a hotel but found I was at the home of Hatchell, to whom I was introduced by my sister, Mrs. Wallace, upon ar rival there. Mr. -atchell asked me if \Val lace was a guilty man, and I told him that he was. I did not state to hi mor to anyone else that I was scared of anyone in Sumter County, I further deny having said anything to him about a gang or bunch getting me to set a trap for Wallace, and deny that any such was don . I have never been threatened either before or since this crime by anyone con cerning my testimony in the case. I deny stating to Mr. latchell or any one that there was any plan so far as I know or have ever heard of to run Mr. Wallace off. I did not tell Mr. Hatchell or any one else that I wanted to have a chance to get away before any affi davit was published. I left Colum bia on the night of December 13th and arrived at my home near Sumter at about 2:30 the same night. I have been at my home within five miles of Sumter ever since this time and I have been going about my business just as usual, coming to Sumter in the mean time whenever I wanted to. I did not raise my hand and say "Thank God I have got that burden off myself." I wish to reaffirm the testimony given by me in this case on trial. I told the wvhole truth then and I stand by it for what I then saidl is and was the truth. And this I stat ed fully to Mr. Hlatchell and my sis ter, Mrs. Wallace. I have never had any uneasiness of mind or remorse of conscience or suffered any loss of sleep by reason of my testimony given on the trial oif this case; and all that is stated in Mr. Hatchell's affidavit that is in conflict with what I here and now state is absolutely untrue and false. Before leaving for Columbia, Mrs. Wallace got a negro man to ge't a jar of whiskey for me, a twvo-(juart jar full, upon01 which I stairted to driink the night before leaving, and contin ued to drink from tihs supply until it v.as all gone by seven o'clock on the morning after the arrival in Co lumbia, and Mr. Hlatchell went off and got a half pint of whiskey for~ me and after finishing this he got me another half pint. I (10 not know who p~aidl for this whiskey but no one asked me t~o pay for it, .1 was in a drunken and hazy condlition from the time I left for Columbia andl my ar rival there and up to my return home. In this condoition I was taken byv Mr. HaIitchell to a lawyer's office and there signed an afldavit. My recollection is that no) one read this affidavit over to me, andl I did not at any time un dlerstand that I was signing a state meat to the effect that I was taking back anything that I had testified to in the trial of .J. C. Wallace. Mrs. Wallace aind Mr. Hlatchell took Mr. Hlolman out wvhere I could not hear andl when they returned they pre pari)ed ia papert~ which I signed.', I was so dIrunk and under the influence of whiskey that I hardly know all that was said and done. While in Colum bin, Mrs. Wallace bonght a suit of clothes for me. She also statedl to me that she would giv(e me enough money to leave the country andl go to NOTICE' OF' DISCHARGE I will apply to the Judge of Probatn for Clarendon County o~n the' 20th dl oif March,. 19)22 at 11 o'clock A. Ai. for Letters of Discharge as Executrix of the Estate of Esther Jane Carson, dleceased. Julia E. Clemons, Jd.(. Executrix. Greeleyville, . C. (Feb. 18, 1922. Cuba in an amiountrpm $5006to $1,000) but I refused to epcept eithpr the cloths or the money or to leave the 'country as she had tried to get me to do. I deny that I have had any con versation with .J. N. Browder . since the trial of J. C. Wallace.. I did not persuade Mrs. Wallace to sign the warrant. for the arrest of J. C. Wal lace, but I went and got the warrant fro mthe magistrate at her and only her request; that the conversation set forth in - Browder's affidavit gis false and' untrue. ' I have never had an convers'a tion about the case of J. C. Wallace with J.' F. Logan, and all that he states in his affidavit is. absolutely false and untrue. During' the first yart of Decem ber '1921, at the request of. Mrs. Wallace and only after repeated requests, I went to the jail in Sum ter to see Mr. Wallace. Mr. - Wal lace wrote out a statement and ask ed me to sign it, which I refused to do. This statement was to the effect that my testimony on the trial was untrue and false. N. B. Cockerill. Sworn to before\ me this the 18th lay of February, A. D., 1922. 'H. L. Scarborough. Clerk of Court or Sumter County, S. C. I hereby certify that I have this (lay read slowly and carefully the above affidavit to Mr. N. B. Cock erill and that he was sworn by me just as I swear witnesses in open court. H. L. Scarborough. Clerk of Court for Sumter County. Personally appeared before me Furman Hodge, J. A. Cooper,, S. D. Richardson and J. G. Osteen, each of whom being sworn says for him self: That he knows J. N. Brow der and has heard read the affidavit made, by the said Browder, dated iecember the 30th, 1921; that it is understood and generally known that the said J. N. Browder married what is generally termed a "free negro" or "fred issue." That this wo man, his wife, is a mulatto woman arid is living with him at this time on the place of W. K. Hill; that ho is not permitted to associate with white people. That each of us know the general reputation of J. Frank Logan, the man who made the aflidnvit in the Wallace case dated October the 8th 1921, for truth,' veracity and as a law-abiding citizen and that the same is very bad: That each one of us would not believe J. Frank Logan on oath from this 'reputation. S. D. Richardson, J. A. Cooper, Furman Hodge, J. G. Osteen. Sworn to before me this the 18th day of February, A. D., 1922. .Seal) ~ Frank A. McLeod. Notary Public for South Caro lina. Personally appeared before me Dora E. Wallace, who being duly sworn says: That she has had read over to her an affidavit made by J. E. s. c. Co-oper We 14 CAMPAIG S i gnat ure Who 1. Grade, class a 2. Pool each gra< 3. Warehouse al age. CONTRA CT W. R. GRAY, Co. Dem. Ag Haley dated Weembor 30th, 1921; that she denie' hat she ever at' ihy time retracte attred or clyanged the testimony Iv n ty her in open ct in the trial of ' C. Wallace;. That she testified to the truth in that 'trial and ' that sh0 reaffirms ' and- deelares the said testimony tq be .the 'whole truth' in all, particulars. That J. 'E. Haley tried;to get her to make an affidavit setting forth facts contrary to her testimony giv en on the trial as dthat she - de: clined to do ,so That , J. E. l 1aley stated to her thaf- J. ,C. ' WaUace would pay. her if she would change her testimony, in certain particulars which she declined -to do. He want ed her to state that her testimony was false 'and 1ntrue. That Jth r. 'alace sient 'for this deponent three timnes, each tintea J. E. Haley brought the message; she refused to go, but finally went with her father, J. C. Wallace ask ed her in the presence of her fath er to change her testimony as giv en on the trial, but this. she refus ed to do, thereupon she left, hin. That she went to the jail because J. E. Haley said Wallace wanted to ask about his children,. of' whom she is the mother. That she has never accepted service of any, pa pers of agreed to any divorce with the said J. C. Wallace. That she has never had any con versqtion in her life with J. N. Brow der, neither does she know him.,. That- she affirms her testimony as given on the trial to be the whole truth. X Dora E. Wallace. Her Mark. Witness: Frank A. McLeod. Sworn to before me this the 18th (lay of Feb. A. D., 1922. H. L. Scarborough. C. C. C. P., Notary Public for S. C. Personally appeared before me J. W. Browder, who being duly sworn says: That he knows J. N. Browder and has kpown him for many years; That he knows the reputation of the said J. N. Browder for truth and veracity; Th t his-reputation for truth and ver acity is bad and that he would not believe the said J. N. Browder on oath. That the said J. N. Browder is no kin to this deponent nor to his daugh ter, Dora Wallace, that he either knows of or ever heard of. That he was present in the jail in Sumter, S. C., with his daughter when she went to see J. C. Wallace an dthat he heard the said J. C. Wal lace renuest his daughter to retract her testimony on the trial and saysas follows: "I heard others say that J. C,; Wallace said he married Mrs. Os teen for her money and that as soon as he had a good time with her daugh ters and got her money he was going to leave Mrs. Bernice G. Wallace, sometimes called Osteen." That the said Mrs. Dora Wallace refused to do so, but restated that her testimony as given on, the trial was the whole truth. X J. W. Browder. Through The otton On ative Ass4 lay Help Onrs N NOW ON s in Clarend t It 14ill nd sample each bale. :le and sell by pools i I cotton, thereby redu 'S CAN BE SE~CU G. ent. -, -Hibx Mark,; Wtnes: P. A. McLeo4. SwoiuA to before me this the 20th. dey of Feb. AD. 1922% (Seal) H.L. L Scarbgri gh, Notary Public for South Carofln. Personally appeared -before me S. D. Richardson and J. A. Cooper,.each of whom being duly sworn says. That they jiave ,een; amiliar with the getting. up of witnesses and the oneral prosecution .in the Stato vs. allace; That they live in the vicin i'ty. in which the crime is Alleged : have been., committed; That no threats, coercion of . pressure that know of or have ever heard- of has been brought to bear ann any wits, H~ess in 'this -case; That tie~r' feel auit's that4f 'any .sulc}}m' wolk, had he that they would yve known of it. *S. D. chardsori, J. A. Cooper. Sworn to before me this the 24th day of Feb. A. D. 1922 (Seal) Fran4 A.-McLeod. Notary Public foi Sputh Carolina. Personally appeared before me, J. A. Hodge, who being duly sworri'says: Thatl he is a magistrate fot Sum ter county; That the warrant issued against J. C. Wallace was taken out before him; That the warrant was is sued on ,the affidavit of Mrs. J. C. Wallace, who was formeily Mrs. Os teerf; That he has lived all of his life in the vicinity in which this crime is alleged to have occurred; That he has never heard any one, nor has he ever heard of 'any one, either threat ening or coercing 'any witness as to their proposed testimony in the State vs. Wallace, nor was there any pressure brought to bear on any one. aithee before or since the trial in any way or manner that this do.. ponent knows of or can learn of: Thdt this deponent was so situated that he firmly believes that he would have known anything that happened in the matter of estimony in tpe Wallace trial. That he knows well J. N, Browder and J. Frank Logan and that he has heard their reputations for truth and veracity discussed and that it is bad That from this reputation he would not believe the said J. N. Browder on oath; That from the reputation of the said J. Frank Logan he would not be lieve him on oath; That the said J. N. Browder married what is generally termed in that section a free negro, to-wit; a mulatto negro. That this deponent knew.-well the parents of the aforesaid negro wife of J. N. Browder. That he does not know J. E. Haley and that the said, Haley does not live in the same vicinity in which this deponent resides. J. A. Hodge, Sworn to before m. this 22nd day o fFebruary, A. D. 1922. (Seal) Frank A. McLeod. Notary Public for South Carolina. After' hearing the reading of the affidavits from both the counsel for defense and for the state and hearing all arguments, Judge Shipp reserved his decision until he could further study the facts of the entire case. 3wers rciation elves Sto Secure Do! * n quantity. cing country dam-. RED FROM T. FLOYD, Co. Chairman.