The Horry herald. (Conway, S.C.) 1886-1923, March 01, 1906, Image 1
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\CIRCULATION 1,801. |
? We On a ran tee 111ik < ii't'iiInilon f
j l?? all \<1 vertl*er??. Our UouK* \
silway* lor iii*|?e<-tlon. C
? ONE DOLLAR A YEAR. j
VOU XIX.
TO HANG MARCH 30TH. j
'
COM>\AM)r:R JOHNSON KCFl'SEI)
A NEW TRIAL AND IS RI:SENTHNCED.
lie Was Present in Court at the |
tlcarinjr and Looked on Without
cAiiinirinjr Kimotiou of Any kind.
"Sot I3vcn When the JtidKC Read
tlic Sentence and Told Hint the
Consequences The Two Jurors
Char/red With .Misconduct Came i
Out With Plyinjc Color and Were !
Commended By the Solicitor
On Wednesday alter the recess for
dinner Commander Johnson was
brought into Court and placed in
the dock in order to hear the
motion for a new trial in his behalf.
The court house was packed to its
utmost limit by people interested in
the case.
Mr. Wait, attorney for Johnson, i
OIK?tied the ari'iiineiit. hi- i'<vwli?.r< I
tain affidavits. One was made by
Robt. Harnhill, vvh ? stated 111 bis
affidavit that sometime before the
killing of CI rainier be said one Jobu
Harris, at tlie bo.ise of bis father in
law in G rain iter's neighborhood, said
be bad not done what be came to do
bnttnat be would kill biin yet or
words to tbat effect and tliat Harris
had a ?jun with him and left it wrapped
up in bis baptry. Tti"t while
Harris did not, say it was Grainier
be meant but deponent had jfood reason
to believe he did mean G rainier.
The secon 1 afi'mavit was made by
VV. 10. Graham and charged tbat
Mr. Watterm m I3ootb. foreman of
the jury tb it, tried Johnson sometime
beloro Johnson's trial, on the
occasion of the funeral of the de
lenmnt s grandmother, expressed
himself against Johnson,
Another affidavit made by II. L.
Smith stated that Mr. M. A. Royals.
another of the jurors who tried
Johnson, had before the trial .-aid
that he believed that Johnson was
guilty and ought to hang There
was another ailidavit but it was not
of much importance in the matter.
T he Sol eitor I hen read aflidavits
of several people which charged t hat
on the day of the killing of Rev.
Grainger John Harris was in King
sto.i Lake lUliing and was fifteen
miles or more from the scene ? f the
homicide.
Defim hint's co insel c intinued his
argument for a new trial on three
grounds:
1. On the ground of after discovered
evidence.
2. On the ground of misconduct
on the part of the jurors before the
trial.
3. On the ground of misconduct
of the jury after ordering the trial.
He argued to show that the court
had jurisdiction to hear the motion
The Solicitor, after reading the
aflidavits above mentioned, replied
lr> the argument stating that after
an appeal take i n a case of this kind
a motion for a new (rial could not be
heard by the lower court unless
with permission of the Supreme
Houvt. He ssiid I lin t, while flw* mrv
tion was not properly before the
Court and for that reason could not
properly be beard, yet be wanted
the Court to bear the motion on its
merits and be "vanto.1 defendant's
attorney to understand ttint there,
was no appeal from the decision of
His Honor on the mo.ion. That defendant.
could have obtained the
leave of the highest court had he
acted in time, but the motion was
not made until after the case was
remanded to the lower court. lie
showed that the testimony cf II >bt
Humid 11 was irrelevent and could
not coine in though a new trial should
be granted.
There was a sin rt rcidv bv Mr.
Wait in which ho said that on Monday
of tho court Ed Harris, father
of John Harris, threatened him with
personal violence if lie, Wait,
should bring out what he had heard
he intended to bring out or if he
mentioned his son's name in the
court house.
The Judge then said he would
hear the whole mat ter but all the
parties ho said must bebrought be
fore him. and he was not willing to
let the two jurymen be charged
with per jury wit hout being heard in
their own behalf in open court, and
the Judge signed an order for the
Sheriff to bring in Wattermavi
Booth and Martin A. Royals, W. E
Graham. H. fj. Smith and others
, who had been reported as knowing
something about the matter in time
to continue the hearing tin tho following
morning. The Judge stated j
that ho would not enquire into any
thing but the misconduct charged
against the two jurymen.
The hearing was resumed oc Thursday
morning, the two jurymen accused
being in court in obedience to
the order signed the evening before
by the Judge.
M> Wataerman Booth was 11 rs*
called tothostmd and he was sworn
The affidavit, of W. E. Graham was
read to him. He said in reply to ti c j
CO
aftidavit that he may have sai some
sentiment in his community was
against the defendant but he did not
say it was entirely against him as
stated in theaflidavi o. He had formed
no opinion in the matter and said so
when sworn on his voir dire. He
was opened to oe governed by the
la.v and the evidence and he would
have been glad had it been so he
could have cleared him. He had
attended the funeral of the defendant's
grandmother and in the course
of prayer had invoked the blessings
of heaven upon that grandson then
in jail, and lie had often remembered
Commander Johnson on his knees
since.
Martin A. lioyals was then called
and sworn. He said he had not
stated that .lohnson was guilty and
ought to hang, but he said instead
that "If .lohnson killed him heought
to hang." His testimony showed
that ho was unbiased at the time of
the trial. He was cross examined
by defendant's attorney but it
strengthened the testimony in chief,
Mr. Royals saying in answer to a
question that ho would have pre
ferred to have cleared Johnson but
he wouldn't.
fI. Ij. Smith was then called and
said he had talked with Royals at
his store and hoard him say that
Johnson killed Grainger and ought
to hang for it. but others said it also,
lie had probably said so himself but
he would have been governed by the
evidence in the case
Mr. Wait then wanted to call on
Mr Gong as to talk by Mr. Royals
but the Judge refused on the ground
that it would be improper to go into
any fuller investigation of the matter
as he had already gone too far in <
the matter perhaps and he was
unwilling to let it proceed any
furt her.
Mr. Wait then made the closing
argument in behalf of his client and
the Solicitor briefly replied.
The J udgo then refused the new
t rial and told the Solicitor to arraign
Commander Johnson again.
Commander Johnson then stood
up in the dock as commanded by the
Solicitor, who, while he was stand i
ing up, read the indictment to him.
While the indictment was being read,
t iu? condemned man showed no
emotion, but his father who was
sitting near was weeping with his
faeo in his hands. Johnson looked
the Solicitor steadily in the eye 1
without a tear. Tiro Solicitor then
asked him if he had anything further
to say why the sentence as pronounced
should not be carried out at a now
time to be lixOd by the Court. His :
attorney aswered for him, "Nothing '
except he had before said. II looked
on while the Judge rewrote on the
oarers after the Solicitor had tinishe'd
and taken his seat.
The Judge then told him to stand
up, and his sentence was read to the
effect that lie would be hanged on
March HOth next, between the hours
of twelve and two.
Ho showed 110 emotion whatever
while his sentence was being read
and the Judge told him of its awful
effect, but he looked straight ahead
most of the time at the Judge himself.
After the sentence had been
pronoiuuvd tiie constable took Johnson
in charge and led him back to
his coll where he now awaits execution
on March 30 th Thus ended a
hearing that created considerable
interest and that was listened to b.v
a large crowd of people.
F INDS PAID PACK.
The County Alliance Draws liack a
Per Ccfitajrc of f-'n nds Paid Out.
Auditor James A Lewis recently
went to Columbia as a representative.
of the Farmers' Alliance in this
county in certain litigation that had
arisen some time ago concerning thek
disbursement of certain funds sub v
scribed to the stock of the Alliance
exchange. The business was satisfactorily
arranged and Mr. Lewis
now has in hand $220.12 of the $1137.00
paid in to the stock of the exchange
by the Ailiance mcu.!>i-rs in Horry
county. He holds thi*> amount as
trustee of course and he is at a loss
as to what to do with it. He
said in conversation that he should
deposit it in some good bank and
hold it for the time being until some
lawful disposition can be made of
the matter.
??? - ?
llroijjrtit Mini liack
Henry Gran than, acting as special
deputy of Horry county enno
over to Marion Monday for Com - !
T~l ?I - 1 1
IIIUIUU-I JUUIJSOII, WHO was con VIOKMI
of murder by the Conway court
some months ago, and sent to the
Marion jail for safe keeping. Johnson
was taken back yesterday morning.
It is understood that ho is to be
resentenced at the court in session
there this week, a new trial having
been refused him.?Marion Star.
Three little rules we all should keep,
To make life happy and bright,
Smile in the morning, sm?le at noon,
Take Rocky Mountain Tea at night.
Norton Drug Co.
?
? A. IT. Long and L. D. Long. Jr.,
spent several days in the city last
week.
4
4
i
' W .v
NWAY. S. C.. TIILTI
EXAMINATION IN FULL.
W- M BOOTH AND ,M. A. ROYALS
l/WPllACIII:I> ANI)
TO TIIT: STAND.
But I'liey Came Out Under I-lyi
* i m: Colors Giving Ready Answers
and I'liiiy Sliowlujr That
Tliey Were Good Jurors
Mr. Waterman M. Hooth, who was
foreman of (ho jury which tried
Commander Johnson was called to
the stand and the affidavit of W. 10.
Graham was read to him, and the
ii.
owm uur proceeded to examine him.
Mr. Ilooth testified that he was at
the funeral mentioned; that he was
called upon to deliver a prayer on
that occasion and that he did so,
and that in that prayer he invoked
the Divine blessing upon the grandson
of the deceased who >vu3 then
confined behind iron bars; that returning
from the funeral he rode in
a buggy behind Mr. Waterman
Grainger and Mr. W. 10. Graham who
were in a buggy together, that feeling
that he may have been guilty
of an impropriety in having mentioned
in his prayer Commander
Johnson for the reason that it might
have wounded the feelings of his
kindred assembled around the grave
to have his case mentioned, he asked
Mr. Waterman Grainger if he
thought he had done wrong in invoking
God's blessings upon the
defendant, and referring to him as
being in jail, that Mr. Grainger
said he thought not; that he said to
Mr. Grainger, "The family have had
so much trouble that after I mentioned
it in my prayer I was fearful
it might harrow their feelings and
increase their trouble even to mention
it on an occasion like that-at
the funeral of his grandmother and a
large and prominent family in that
section, an 1 1 did not wish to add
anything to their troubles. "
Witness said that he had read the
aflidav.t of W. 10. Graham and admi
? ?wl ?!...? I--.
iniLv\ i4 i luti m* may I1U VO. Sllltl lo j
Mr 0rainier that the sentiment in
his coinrr.nnity was generally against
Commander Johnson, hut he denied
emphatically saying it was entirely
against him Witness said he believed
the sentiment of his neighborhood
was generally against him, but
he knew it was not entirely
against him. Witness said that he
conscientiously felt when he took
his seat on the jury that he was
undertaking a painful duty with an
unbiased mind, a mind open to con viction
and only one purpose, to
render a just verdict between the
State and the accused.
Upon cross examination the wit
ness was asked by Mr. Wait if in a
conversation with Mr. It. M. Prince
the witness did not say something
about lynching Commander Jjhn
son. Witness replied that he had
had a conversation with Mr. Prince
about the killing of Mr. Graingerhow
dastardly the crime was, and
that he had said, "that it looked
11k(i me was getting too cheap in
South Carolina and that it looked
like flic way it was going pco|)le
would take the law in their own
hands, or go to lynching if such
continued, but nothing was said
directly as to Commander Johnson.'
Martin Ko.yals, the other juror
whose oath was sought to be impeached,
was called to tin; stand and
under examination bv Solicitor said
he may have talked with II. L. Smith
that he talked with a great m iny
about the case, that everybody was
talking about it, that he could hear
nothing else hardly, that he heard it
until he was tired of hearing about
it, witness had said directly after
the killing that if Commander John
son did it ho ought to bo banged for
it, he did not go any further than
that. Howcjuld he? He couldn't
know until he was tried. He bad
only heard one side and h< made
it a rule to hear both sides before
he came, to any conclusion. Ho denied
saying Commander was guilty
and ought to be hung. Witness did
not then know Johnson and of course
l i ? ...
nau u?> mas or prejudice against
him, and ho went on that jury with
his mind made up to bo governed
by what ho heard on the witness
stand, and the law given by the
Judge.
? 9 ?
MaafiMratc'N Court
The court of Magistrate J. N.
Jenretto was occupied one day recently
wit h the trial of the case of
Win. M Hirrelson against I). P.
Green. The case was tried by a jury
composed of S T. Sessions, J. I).
Oliver. K. Tisdalo, F (?. Hughes,
W. f-1 Chestnut and W. R. Lewis,
who returned a verdict ir. favor of
the Plaintiff Harrclson
The controversy grew out of a
mule swap between tho parties,
llarrelson contending that the mule
he got front Green turned out to be
entirely worthless, while the one lie
let Green have in exchange was
worth ninety dollars. Tbe plaintiff
was glad when tho jury returned a
verdict giving him back his property.
\
y
*SI>AY M A lvCI I 1ST.
PURELY PERSONAL.
J. P. Harper of Toddvilie spent
a clay in the city.
P. Marion Johnson paid Colombia
a visit recently,
? S. M. Chestnut was among those
j who called last week.
i J. \V. A1 ford of Virgo, was in the
eitv recently on business.
J. H. Stanley of Hammond, was
in town on business last week.
?Cierk of Court W. L. Mishoe
paid Columbia a visit last week.
V. M. Stroud of Ployds township,
was among those in the eity recent I v.
?U. M. McLucas was in Conway
on business the latter part of last
week.
? David Howell was a pleasant
cauer at 1110 office one day last
week.
? Magistrate I?. I>. Cox of Nixonvide,
was on our streets oue (lay
recently ?*
A negro child fell into a canal
near Hammond recently and was
drowned.
?.1. I). Hairier of (Jreenwootl
section, was in town one day recent ly
on business.
U.S. Allen and daughter, Miss
Ella spent a day in town during
court week.
-Dexter'Russ and N. E. Hardwick
wore both in Conway last
Monday on business.
?Thomas P. 1 lamer of Philadelphia,
spent several days in town
recently on business.
?Capt Z. W. Dusenbury return
ed to his duties recently after an
illness of several days.
? Herd I). Bryant of the Marion
bar attended the sessions of the
court here last week.
? A new advertisement, for the
Hal Ii. Buck Company, in regard
to dress making appeared in our last
j issue.
YY. C. Cooke has accepted a
position with the Kanawha Lumber
Company recently incorporated by
Judge Lewis of Virginia.
M* ??
-miss mime iseaty, who is teachj
ing the school at Toddville, s|)ent
last Sunday in Conway with her
sister, Mrs. J. S. Buck.
?Mr. 1) N. Floyd of I'eg Horn,
Fla.. sent the Herald an open cotton
bloom under date of February
22nd. This is rather early for this
part of the country.
?John II. Si/.or, the principal
owner in the John II. Si/.er Lumber
Company, now doing business in
this county, spent some days in the
city last week on business.
? Mrs. T Westbury, who has
been spending a few weeks at McClellansville
with relatives came up
on the steamer recently and was
accompanied by her sister .11 law,
Mrs. Fannie J. Graham.
?Mrs. C. K. Heselden .and little
daughter Albertinc, left for their
home in Marion county on Friday of
last week, after spending several
weeks here and in the county visiting
relatives and friends.
? Good mule for sale. J. 3. Spive.v.
-Get your printing dime at the
Herald ollice.
? Hay, grain and feeds of all
kinds at Spivey s.
? Where would you have the new
coma House .''
?Hliss seed potatoes .'ir> cts pk, |
bay spot cash. I J. L. I Pick Co. J
? The fanners arc frequently |
engaged now in hauling out fertilizers
.
? The fine weather of last Monday
I changed into wind and rain on
Tuesday.
?Call to see us. Special offers
for the week at Spivey s.
That, Columbia ^lass concern
drew the dispensary profits five
| thousand dollars at a time.
-The addition to the Atlantic
Coast Lino dooot is in process of
erection by a force of carpenters,
?Tlic nsuul amount of'all sorts of
stufT was not reported to tiu> j^rand
jury ihis time juduino by tlic short
I linal presentrront they made.
? Head the advertisement of Miss.
Del ma Graham, and yive her a call
at Tabor, N. 0., for up-to date
millinery.
? After the sentence of death
was pronounced upon Commander i
Johnson last week he was taken back
! to the Marion County ja11 until lie
shall be brought back for execution.
? There was an election at Tod Jville
last week on the question of
ifcvyinjj a special tax of three mills
for school purposes in that school
district. T he olection carried in
favor of the tax. A handsome new
school house 1ms just been completed.
I <)<)(>
The court house was vet y poorl.\
heated ami poorly \ on! "dilated dur*
ii'o ihe session of the court, and as
a conse juenee some of the people
who spent much time in the court
room, caught colds.
The court u.ijourncd about tin*
middle ol the day last Friday without,
having tried a singb* civil ease.
Moth sides had prepared for the
1 rial of the ease ol Cattle v>. Cape
Fear Lu.i'oer Company, but even
tins case could not be reached.
?The slierilY was called on one
evening last week to arrest a ncgto
who was very disorderly and talking
and wrangling in a loud voice
near Main street. Tho negro submitted
and was lodged in jail.
?The Iturroughs Craded school
recently moved into the new building
just finished by contractor Leslie.
Conway now has a school building
i hat would do credit, to a much
larger town, but Conway is coming
out of the rut anyway She is
great already and intend* to be
groat or.
?A warrant was issued last
Friday and signed by II. lb Little
for the arrest of A. N. Cox, the well
known artesian well man, charging
him with violating the dispensarv
law, and he was taken in charge by
Marshal J. K. McMillan. Cox ga\e
bond in the sum of one hundred
dollars for his appearance for trial
here on March 12th. Melius retained
counsel in his behalf.
I ' 6
Six Sb
FOR GRIPPE,
FEV
CONWAY
?Dress
^ DEl^AR
We Z : added to Z
iS^ in charge of an experienced Pro
SB business. Come early if you wi
have some orders.
ft
MGINGHAMS.
8.1 ust in an advanced lino
hams. Come early and get >
Ihall b
| l"comtvte
f s pr1ni
ia/K arc now located it
j? Wmai.y
l '|j To-Diito lYmo of Station
your printing on
I SHORT r
Wr do work that pleases,
turned out. We solicit .youi
to j/ivc von satisfaction.
jjP order ami see what we can <
| ITegTal"
I 1 A SPEC
_ jZi ^ *
THE BEST I
j ADVERTISING MEDIuM ,;
j ?N THE 6TH DISTRICT. ./
4 XII mirccftftlu | RII*Iii?%N .Welt
I .\?l vcrtlwo In tlx* IIF.IMIJ)
1 TRY IT FOR BEST RESULTS.
N( > 4(?
I Dr. \V. 10. McOord, who re pre
-rented lh'? local lodge Iv.of L's., at
y I,, * StaR? lodge recently held in Co
1,,,,, 'xfa, lias returner and reports
having ')nd a 'mo l',nc.
Mi*. .Logan, who recently resided
here, has' asked permission of the
authorities to remove the body of?
his child that died and which was
buried here in the new cemetery.
?Julius llanna who now holds a
position with the (larduer it 1 jAc.v
I number company near il ind, S. C .
passed through town recently on his
way to bis former home near Forney.
\\ ill the new court house be
erected on the old site or will a new
one be procured? is the juestion you
often hear propounded now.
Contractor Leslie has commenced
the erection of lOiir cottages
for Mr. \V. K Lewis on his property
on the new cut road.
We have been requested to say
that the managers of the recent dispensary
election can call on J. N.
Jenrotte, K&q.,and got the money
for such service.
There was a hearing Wednesday
before Magistrate Jos. W. Johnson
in Dog UlulT of the case of Skii per
vs. Connor, the plaintiff suing for
the value of an ox which ho. alleged
was killed by tin* defendant. I loth
sides were reoresented by attorneys.
? Bliss potatoes at Spivey's.
* ^ 9 9
> 6
cty Six
CHILLS AND
ER.
DRUG CO j _
oeoooooa
riakingS
rriVIli2TVrJL\ X
rrzrrs
>8 mitker, Wo are now ready for
mt prompt attention. Already Bl
p
GINGHAMSg
ot Klegant Spring Griug our
house dress for Spring.
UCK Co)|
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i/WWVWWW^
mm?
: ft C I A L * '
"IMG.
HWVi W
) our now (juarlors on
>ito I'osI ( Mlioo with an \
ory, and propnrod to do ^
MOT ICE. J
2>
unci guarantee every .}<>b
patronage and will try ^2/
Try us wit-li vciur next
ilo. HORRY ilKRALD. 1L v
Y/VORK*1 I Vs?
IALTY.. { S \ f
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1 V V VW'fVwV'V I