The Clinton chronicle. (Clinton, S.C.) 1901-current, December 04, 1924, Image 9
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KING AND HARRELL, MlEARY’S
SLAYERS, MUST DIE TOMORROW
4
Governor McLeod Refuses to Commute Sentence
of Major’s Slayers. Law to Take Its Course.
Columbia, Dec. 1.—Mortimer N.
King and Frank Harrell, confessed
and convicted murderers of Major
Samuel H. McLeary, United States
army, will die by electrocution at the
state pnitentiary Friday, Gov. Thomas
G. McLeod having yesterday acted to
refuse the petition for commutation
of sentence presented to him in then
behalf.
“1 have gone fully into this case.
I have especially examined every de-
tail of the testimony, and have reach*
" ed the' cdnciiMonV^the goverTT5f' ! 5iitff
“that I cannot exercise clemency in
behalf of either erf the defendants.. . .
I have the greatest amount of/heart
felt sorrow for the unfortunate men
and their relatives. At the same time,
this natural sympathy cannot deter
me from discharging my primary duty
to the State of South Carolina. . : .
The law of South Carolina for such
cases is capital punishment. That
law I cannot and will not arbitrarilv
suspend. . . .”
At the request of the governor,
King and Harrell were notified yes
terday afternoon by penitentiary au
thorities of the executive’s decision.
For them remain three days of life in
the death house and Friday the elec-,
trie chair.
So the sordid little drama moves to
its close: two lives for a life.
July 2 King and Harrell, having
planned to rob some automobilist,
halted Major Samuel H. McLeary r
the road to Columbia and asked him
for a “lift.” The courtesy was Ex
tended them and Harrell, in accord
with the plan, got into the front seat
of the automobile and King, with a
concealed pistol, took his place in the
rear. For some miles they rode so
together, talking of the army, but
neither told the officer that both of
them were deserters, King from the
army and marine corps, Harrell from
the army. They passed Cheraw, and
Harrell placed his arm on the back of
the seat to signal King to draw his
gun and hold up the officer. King,
however, did not like the spot so
chosen. Harrell allowed his arm to
remain on the seat and later repeate
the signal. King called to the major
and the officer turned to find himself
facing the pistol. “Stop the car and
get out,” King ordered, and the m
jor, after asking him whether he war.
in earnest, obeyed the order.
Officer Without Weapon
Major McLeary got out of the car
and allowed his arms to drop to his
side. “Keep your hands out of your
pockets,” King warned him. “I have
n’t a weapon,” the officer replied, and l
then, urged on by Harrell, he went
into the woods. • King followed with
the pistol. Harrell searched the ma
jor and then turned back to the road
to secure a rope with which to tie
up the officer. Here he was to wat'’ v
for passing automobiles and to shut
off the motor of the major’s car.
King fired and the major fell, wouna-
ed through the temple; the officer at
tempted to rise and a second shot
through the head ended his struggles.
Harrell had returned, and with King
he stripped the body of valuables and
the two of them then dragged the
corpse some yards back into the
woods and covered it with leaves. In
the stolen car they drove then to
ward King's home at Canton, N. C.,
where in roundirig a curve they acci
dentally ditched the:car. They aban
doned the car "and divided the booty.
At Norfolk, Va., July 1, Mrs. Mc
Leary had last seen her husband, who
had gone on his way to Fort Moultrie.
Nothing had been heard from him
save a telegram for money, which he
never received. Search was begun;
newspapers, state governments, the
army, the department of justice join
ed in the hunt. Near Canton, N. C.,
the abandoned car was discovered and
King arrested. A shirt of McLeary’s
was found in King’s trunk and, con
fronted with it, King confessed. He
led officers to the spot 11 miles south
of Cheraw where all that remained of
the major’s body was found.
King was brought to Columbia and
the search went on for Harrell until
finally he was arrested some fdays
later at Nashville, Tenn. Harrell in
Nashville attempted to lay all blame
on King, but this story was not true,
he admitted after he had been brought
to Columbia.
Petition for Clemency
Tried in Chesterfield, the two men
were convicted of murder and were
sentenced Septmber 23 'to die in the
electric chair November 21. The case
was not appealed, but November 14
there was presented to the governor
by P. A. Murray and C* L. Prince,
attorneys named by the court to rep
resent tli^ two men, a petition for
commutation pf King’s and Harrell’s
sentences from death to life imprison
ment. The governor had secured a
transcript of the testimony taken, at
the trial, and to permit a thorough
study of the case he allowted a re
prieve of two weeks in the sentences
passed against the two fnen, whom he
cautioned should not interpret his ac
tion as presaging any further clem
ency.
Yesterday morning the gqyornor
held a final conference with refer enco
to the case with Solicitor J. Monroe
Spears, who prosecuted the case, apd
yesterday afternoon gave audience to
four of Harrell’s relatives: Jerre 1
HaTfell, a brother; Mrs. Mary Harrell,
Mattie Jones, nieces. From North
Carolina <they had come, Mrs. Harrell
bringing the baby born to her after
the major’s^ murder, for a last hour’s
plea for the life of husband and
father.
* Patiently the governor listened to
them. “I am sorry,” he said, and
briefly he explained hiw his personal
sympathy could not be allowed to
move him. The little band, the wom
en in tears, turned away from the
State House. They had been to the
penitentiary yesterday morning. They
did not go back.
Then came the governor’s announce
ment of his decision.
“I have gone fully into this case,"
he said in a statement analyzing the
facts before him. “I have especially
examined every detail of the testi
mony and have reached the conclu
sion that I can not exercise clemency
in behalf of either of the defendants.
“The details of this horrible crime
are generally familiar. Notwithstand
ing the nature of the crime, I have
the greatest amount of heartfelt sor
row for the unfortunate men and their
relatives. At the same time, this nat-
ifr&l sympathy can not deter me from
discharging ihy primary duty to the
state of South Carolina.
“There have been a great many
communications, pro and con, received
by me with reference to this case,
running from maudlin sympathy to
bitter vituperation. Many of them
are - likewise ’earnest and sensible
comments upon the case.
“The principle question, and that
which I hav^ investigated most
thoroughly, was ^he extent of th
complicity in the crime of the defend
ant Harrell. From the evidence, it
clearly appears that King and Harrell
formed a plan to “stick somebody up.”
The subsequent events show that this
‘sticking up’ process meant the cov
ering of the victim with a pistol and
his robbery. It likewise appears tha
a part of the plan was that the vic
tim, after being robbed, was to be
tied up.
“- Harrell Party to Plan
“There is no question but that Har
rell participated freely ^th King in
this agreement and it is in the evi
dence that he suggested the ‘sticking
up’ process. It is likewise in the evi
dence that thd actual signal to stop
the car and carry the plan into opera
tion was grven by Harrell. It is true
that probably neither one of them ex
pected to commit murder in the man
ner in which it was carried out. But
the conception of their plan was mali
cious and carried with it not only the
possibility but the probability of mur
der, depending solely on whether or
not the victim resisted. While they
were engaged in this process, Har
rell was sent to cut off the engine of
the automobile and to secure a rone
it one could be found, with which t >
tie the victim. With Harrell thus
away, Major McLeary was actually
shot and killed by King. The trip by
Harrell to the car had a two-fold pur
pose: to avoid possible detection and
to secure a rope wherewith Major Mc
Leary would be tied up. This propo
sition to tie up Major McLeary and
leave him in the place where he was
help up and killed ha'l the possi
bility of murder and likewise a possi
ble fate even more horrible than that
he actually met. The subsequent con
duct of both defendants was substan
tially the same and continued to
carry all the way through the charac
teristic epr-marks of murder. They
pf-inrw'/i the body, divided the plun
der, took the automobile, which was
driven by Harrell, and went their way
until they separated in North Caro
lina. N*> substantial difference in the
conduct of the defendants appears
sufficient to distinguish between the
guilt of both and the complicity of
both from the initial steps until the
final tragic ending.
“I think it i's but fair to state that
the attorneys defending these men
were appointed by the court and were,
of course, unpaid. They are able at
torneys and did the best they could
under the circumstances, and their
zeal and devotion is to be commended
rather than criticized. Their appeal
has been presented with all propriety
and it has been to them a burden
some task and an arduous responsi
bility. I felt justified in issuing a re-
STATE of South Carolina,
COUNTY of Laurens,
TOWN of Clinton. 1
WHEREAS: Four petitions, signed
by freeholders of the Town of Clin
ton, asking for an election to be held
in the Town of Clinton, S. C., were
presented to the Town Council of said
town on November 24, 1924; one of
•said petitions asking for an election
to be held in the said Town of Clin
ton, S. C., on the question of the is
suance of not exceeding $25,000.00 of
bonds of said town, the proceeds from
the sale of said bonds, when issued,
to be used for the purpose of extend
ing the water system of said town;
and, one of said petitions asking for
an election to be held in the said
Town of Clintpn, S. C., on the ques
tion of the issuance of not exceeding
$160,000.00 of bonds of said town, the
efbswd homts,
when issued, to be used for the pur
pose of street paving; and, one of
said petitions asking for an election to
be held in the said Town of Clinton,
S>. C., on the question of the issuance
of not exceeding $35,000.00 of bonds
of said town, the proceeds from the
sale of said bonds, when issued, to be
used to cover floating debt incurred
for the purpose of street paving; and,
one of said petitions asking for an
election to be held in said Town of
Clinton, S. C., on the question of the
issuance of not exceeding $15,000.00
of bonds of said town, the proceeds
from the sale of said bonds, when is
sued, to be used for the purpose of
street lighting; and:
WHEREAS: Upon check of said
petitions, it appears that the petition
in each and every case was signed by
more than a majority of the freehold
ers of said Town of Clinton, S. C.;
THEREUPON: The following ordi
nance was duly adopted:
BE IT ORDAINED BY THE
TOWN COUNCIL OF THE TOWN
OF CLINTON, LAURENS COUNTY,
J30UTH CAROLINA, IN COUNCIL
ASSEMBLED:
Sec. 1. That the petitions present
ed to Town Council and duly filed in
the records of the town, asking for
an election on the question of the is
suance of not exceeding $25,000.00 of
bonds of said town, the proceeds of
the sale of said bonds when issued to
be used for the purpose of extending
the water system of a*id town; and
on the question of the issuance of
not exceeding $160,000.00 of bonds of
the Town of Clinton, the proceeds of
said bonds to be used for the pur
pose of street paving; and on the
question of the issuance of not ex
ceeding $35,000.00 of bonds of the
Town of Clinton, the proceeds of said
bonds to be used to cover floating
debt • incurred for the purpose of
street paving; and on the question of
the issuance of not exceeding $15,-
000.00 of bonds of the Town of Clin
ton, the proceeds of said bonds when
issued to be used for ‘he purpose of
street lighting, contain the names on
each” and every petition of more than
a majority of the free holders of the
(feud Town of Clinton, and it is so de
clared;
Sec. 2. That an election be held'tn
the Town of Clinton, Laurens County,
South Carolina, on Tuesday, the 30th
day of December, 1924, at which will
be submitted to the qualified electors
of the said town the question of the
issuance of not exceeding $25,000.00
; of bonds of the Town of Clinton, the
| proceeds to be used for the purpose
of extending the water system of
said town; $160,000.00 of bonds of the
Town of Clinton, the proceeds to be
used for the purpose of street pav
ing; $35,000.0t) of bonds of the Town
of Clinton, the proceeds to be used to
cover floating debt incurred for the
purpose of street paving; $15,000.00
of bonds of the Town of Clinton,
the proceeds to be used for the pur
pose of street lighting in said Town
of Clinton. The issuance of • said
bonds shall be submitted as separate
propositions, and shall be voted on
separately, the ballots on each ques
tion deposited in separate boxes.
On one of said ballots shall be
printed or written the words, “Shall
the Town of Clinton issue its bonds in
the sum of not exceeding $25,000.00
the proceeds of said bonds to be used
for the purpose of extending the
water system of said town. YES—
prieve, and I did so, as heretofore
stated, for the purpose of having time
fully to consider the testimony taken
in the case. This, I have done, and
feel more satisfied with the decision
I have reached in wiew of the fact that
the case received due deliberation
from every standpoint.
“To say that Ij am sorry for these
two unfortunate men does not begin
to express nty feelings. The law of
South Carolina for such cases is capi
tal punishmenlf ,ll That law I can not,
will not arbitranl;
and will not arbitrarily suspend. The
law must be vindicated; the crime
must be expiated, and I, therefore,
will not interfere with the sentence of
the court.”
Both men are former mill opera
tives, King being a former resident of
North Adams, Mass., where his moth
er now resides. Both are married;
NO,” and the voter voting in favor of
the issuance of said bonds will strike
out the word “No” before depositing
his ballot in the box provided there
for. The voter voting against the is
suance of said bonds will strike out
the word “Yes” before depositing his
ballot in the box.
On another ballot shall be printed
of written the words, “Shall the Town
of Clinton issue its bonds in the sum
of not exceeding $160,000.00, the pro
ceeds of said bonds to be used for
street paving in said Town. YES—
NO,” and the voter voting in favor of
the issuance of said bonds will strike
out the word “No” before depositing
his ballot in the box provided there
for. The voter voting against the is
suance of said bonds. will strike out
the word “Yes” before depositing his
ballot in the box.
On anothgrof-
prltubd or w^ftterT the' worSs.' "'Shall
the Town of Clinton issue its bonds
in the sum of not exceeding $35,000.00,
the proceeds of said bonds to be used
to cover floating debt' incurred for the
purpose of street paving in said town.
YES—NO,” and the voter voting in
favor of the issuance of said bonds
shall strike out the word “No” before
depositing his ballot in the box pro-
vidad therefor. The voter voting
against the issuance of said bonds
shall strike out the word “Yes” before
depositing his ballot in the box.
On another of said ballots shall be
printed or written the words, “Shall
the Town of Clinton issue its bonds in
the sum of not exceeding $15,000.00,
the proceeds from the sale of said
bonds to be used for the purpose of
street lighting in said town. YES—
NO,” and the voter voting in favor of
the issuance of said bonds shall strike
out the word “No” before depositing
his ballot in the box provided there
for. The voter voting against the is
suance of said bonds shall strike out
the word “Yes” before depositing his
ballot in the box.
Sec. 3. That the polling place for
the holding of said election shall be
at police headquarters, West Pitts
Street, in said Town of Clinton, S: C.,
and polls shall be opened at 8 o’clock
A. M. and closed at 4 o’clock P. M.
Sec. 4. W. D. Copeland is hereby
appointed Supervisor of Registration
for the said Town of Clinton, and he
shall open the books of registration
for the registration of voters for the
special election to be held in the said
Town of Clinton on the said date, on
the 10th day of Dec., 1924, and shall
keep the same open up to and through
the 19th day of December, 1924, after
which date the said books of registra
tion shall be closed. Said Supervisor
shall give public notice of the time
and place of opening and closing of
said registration books for said elect--
ion.
Sec. 5. J. C. Templeton, W. T. Put
nam, and Wm. Bailey Owens, three
qualified electors of the Town of
Clinton, S. C., are hereby appointed
managers of said election, but in the
event that^ny of said parties are
unable to serve, the Mayor is hereby
given the right to appoint some other
qualified elector or electors as manag
er or managers in the place and stead
of the manager or managers herein
appointed so unable to serve.
Sec. 6^ The notice of the election
shall be published in The Clinton
Chronicle, a newspaper published in
the Town of Clinton, S. C., at least
twice—once at least twenty days be
fore the election, and once within the
period of fifteen days before the
election.
DONE AND RATIFIED in Town
Council assembled this the 24th day
of November, 1924.
J. F. JACOBS, Mayor.
Attest: MARY CHALMERS,
Clerk and Treasurer. l£-18-4t
STATE of South Carolina,
COUNTY of Lauren*,
TOWN of Clinton.
NOTICE OF ELECTION
NOTICE IS HEREBY GIVEN that
upon petition of a majority of the
free holders of the Town of Clinton,
County uf Laurens, State of South
Carolina, a special election will be
held in the Town of Clinton, S. C., on
Tuesday, the thirtieth day of Decem
ber, 1924, at which will be submitted
to the qualified electors of the said
Town of Clinton the question of the
issuance of not exceeding Twenty-
five Thous-' id ($25,000.00) Dollars of
bonds of the Town of Clinton, the
proceeds from the sale of said bonds
when issued to be used for the pur
pose of extending the water system
of said town; and the question of the
issuance,of not exceeding One Hun
dred and Sixty Thousand ($160,000.00)
Dollars of bonds of the Town of Clin
ton, the proceeds from the sale of said
bonds when issued to be used for the
purpose of street paving; and th<
question of the issuance of not exceed
ing Thirty-five Thousand ($35,000.00f
Dollars of bonds of the Town of
Clinton, the proceeds from the sale of
said bonds when issued to be used to
cover floating debt incurred for the
purpose of street paving; and the
question of the issuance of not ex
ceeding Fifteen Thousand ($15,000.00)
Dollars of bonds of the Town of Clin
ton, the proceeds from the sale of said
bonds when issued, to be used for the
purpose of street lighting.
These questions will be voted on
separately. The polling place will be
at police headquarters on West Pitts
Street in the Town of Clinton, S. C.
Polls will be opened at 8 o’clock A.
M. and closed at 4 P. M. on said date.
J. C. Templeton, W. T. Putnam and
William Bailey Owens have been ap
pointed managers of the election.
J. F. JACOBS, Mayor.
MARY CHALMERS,
Clerk and Treasurer.
November 24, 1924. 12-18-4t
STATE of South Carolina,
COUNTY of Laurens, ; -
TOWN of Clinton.
NOTICE OF OPENING BOOKS
.-gr.ate: •HEGfSTR&TION p
NOTICE- iS HEREBY GIVEN that
the books of registration of the Town
of Clinton, S. Or, for' the registration
of voters for the special election to be
held in the Town of Clinton, S. C., on
Tuesday, the thirtieth day of Decem
ber, 1924, will be open at the store of
J. I. Copeland & Brother, North
Broadway, Clinton, S. C., on the
tenth day of December, 1924, and will
remain open to and including the nine
teenth day of December, 1924.
W. D. COPELAND,
Supervisor of Registration.
Town of Clinton, S. C.
November 24, 1924. 12-18-4t
COUNTY TREASURER’S NOTICE
1924
The books of the County Treasurer
will be epea for the collection of
Taxes for the fiscal year, 1924, at the
Treasurer’s office from October 15th
to December 31st, 1924. After De
cember 31st one per cent will be ad
ded. After January 31st two per cent
will be added, and after February 28th
seven per cent will be added until the
15th day of March, 1925, when the
books will be closed.
All persons owning property in
more than one township are request
ed to call for receipts in each of the
several townships in which the pro
perty is located. This is important,
as additional cost and penalty may be
attached.
All able-bodied male citizens be
tween- the ages of twenty-one (21)
and sixty (60) years of age are liable
»x ol
NOTICE OF FINAL DIS
CHARGE
State of South Carolina,
County of Laurens.
Re: Estate of W. H. Stone,
deceased.
Notice is hereby given that I will
on the 19th day of December, 1924,
make a final report to O. G. Thomp
son, Judge of Probate for Laurens
County, and render an account of my
acts and doings as executor of the
Last Will and Testament of W. H.
Stone, deceased; and will on the said
19th day of December, 1924, apply to
said Court for final discharge as exe
cutor of the Last Will and Testament
of W. H. Stone, deceased.
B. H. BOYD,
12-18-4tc Executor.
soldiers, who are exempt at fifty (50)
years of age. Commutation Road Tax
$1.50 in lieu of road duty. All able-
bodied men between the ages of 21
and 55 are liable to road duty except
those in military service, school trus
tees, school teaehfers, ministers, and
students. Dog Tax $1.25, which must
be paid not later than January 31st,
1924.
Proper attention will be given those
who wish to pay their taxes through
the mail by cheek, money order, etc.
The tax levy is as follows:
State Tax .... 6 mills
Ordinary Cpunty Tax 8% mills
Road and Bridge 4 mills
Railroad Bond .... 1 mill
Jail Bonds % mill
Road Bonds .... 84 mills
“ l
AUCTION SALE
Saturday, December 6th, 1924
On the above date I will sell at
public auction to the highest bidder,
the personal property of the late W.
B. Cunningham, at the home* place.
The property consists of the follow
ing:
Three mules, one wagon, harness,
farming implements, household and
kitchen furniture, corn, fodder, one
milk cow, etc. All of this property
will be sold at public outcry to the
highest bidders.
Remember the date, December 6th.
Sale begins at ll:00[a. m. -
W. P. CUNNINGHAM,
12-4-3tp Administrator Estate.
- NOTICE OF FINAL DIS
CHARGE
State of South Carolina,
County of I^iurens.
Re: Estate of Chas. McCauley
Hoy, deceased.
Notice is hereby given that,I will
on the 19ili day of December, 1924,
render my final return to O. G.
Thompson, Judge of Probate of Lau-
icns County, giving statement of my
acts and doings as administrator of
the estate of Chas. McCauley Hoy, de
ceased; and will on said 19th day of
December, 1924, apply to said Court
for final discharge.
WM. E. HOY, Jr.,
12-18-4 tc . Administrator.
NOTICE TO CREDITORS
State of South Carolina,
County of Laurens.
fie: Estate of Chas. McCauley
Hoy, deceased.
All persons having claims against
the estate of Chas. McCauley Hoy, de
ceased, will present the same, duly
verified, to R. W. Wade, attorney, at
Clinton, S. C., on or before the 19th
day of December, 1924, or be forever
barred.
» V’M. E. HOY, JR.,
12-lf ‘ - Administrator.
Past Indebtedness
Statewide School (6-0-1)
Weak Schools .
Constitutional School ....
4 mill
. 4 mills
4 mill
3 mills
36 mills
Total
Laurens School Districts
No. 1 164 mills
No. 2 8 mills
No. 3 16 mills
No. 4 7 mills
No. 5 , 13 mills
No. 6 6 mills
No. 7 8 mills
No. 11 .... 22 mills
Youngs School Districts '
No. 1 ....
3 mills
No. 2
8 mills
No. 3
8 mills
No. 4
16 mills
No. 5
17 mills
No. 6 :
No. 7
No. 8
13 mills
No. 10
Dials School Districts
No. 1 ....
8 mills
No. 2
.... 124 mills
No. 3
No. 4
.-. 8 mills
No. 5
....204 mills
No. 7
8 mills
No. 8 ....-
No. 3B
... ™ 24 mills
Sullivan School Districts
No. 1
17 mills
No. 2 v;.:.... .... ....
77.7 8 mills
No. 3
No. 7
No. 17
16 mills
Railroad Tax
' 3 milU
Waterloo School
Districts
No. 1 > ....
No. 2
No. 3
19-mills
No. 4
No. 5
8 mills
No. 6
No. 7 ...
15 mills
No. i4
8 mills
' Cross Hill School
Districts
No. 1 '
4 mills
No. 2
No. 3
No. 13
15 mills
Hunter School
Districts
No. 3
NOTICE OF SALE
We will sell at public outcry at the
residence of the late P. M. Pitts, near
Renno, S. C., on December^l6th, 1924,
at 10 o’clck A. M., all personal pro
pel ty belonging to same, consisting
of the following:
12 mules, 2 horses, 500 bushels
corn, 9,000 bundles fodder, 1 reaper,
1 mower, 1 rake, 5 two-horse wagons,
and all other farm implements.
J. G. PITTS, Adm.
3tc Mrs. Sallie R. Pitts.
No. 4 8 mills
No. 5 26 mills
No. 6 .... 4 mills
No. 7 5 mills
No. K9 8 mills
No. R42 13 mills
No. 16 154 mills
Jacks School Districts
No. 2 7 mills
No. 3 16 mills
No. 4 .. . .... 3 mills
No. 6 8 miiL
No. 7 .... 3 mills
No. 15 6 mills
Scufflctown School Districts
No. 1 8 mills
No. 2 .... 8 mills
No. 3 3 mills
No. 4 4 mills
No. 12 114 mills
Persons sending in lists of names
to be taken off are requested to send
them early and give the township of
each, as the Treasurer is very busy’
during the month of December.
^ ROSS D. YOUNG,
^^2^^ CQUnt y Treasurer.
NOTICE—No hunting is allowed on
my property, known as the Duckett
place extending to Jones bridge on
the Eno£ee River. John M. Copeland,
Renno, S. C.
2t;
AUTO UVERY
CARS FOR MIRE
Drive Yourself
TOURING CARS BY THE
MILE OR HOUR
ELLIS MOTOR CO.