Historical Newspapers of South Carolina

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THURSDAY, NOVEMBER 27, 1958 THE NEWBERRY SUN PAGE THREE Swindler Trial their experience, they have never encountered a criminal case in which so much sentiment ha-s been shown against a defendant. I hope to high heaven I will never be in a case where sentiment is against Central Church Circles Meet Circles of WSCS of Central Methodist Church will meet as follows: Circle No. 1 - Monday Dec. 1st at 4 p.m. with Mrs. Paul Whitak- «r. Circle No. 2 - Monday 1st at 4 p.m. with Mrs. Forest Lominick, Mrs. Henry Lominack, associate hostess. Circle No. 4 - Monday Dec. 1st at 7:30 p.m. in the social hall of the church - Hostesses are Mrs. L. G. McCullough, Mrs. J. W. White, Mrs. D. L. Beacham and Mrs. Madena Thomasson. Circle No. 5 - Monday Dec. 1st at 10:30 a. m. with Mrs. Clem Toumans - associate hostess, Mrs. E. W. Yates. Circle No. 6 - Monday Dec. 1st at 4 p. m. with Mrs. T. J. Eskridge. a defendant like it is here.” Attorney Charles Cole m a n , speaking second in support of the motion, told Judge Bussey that he had been retained by the defend ant about the first of August this year and that he had made some eight or ten trips to Newberry County trying to obtain affidavits. He said: “I would not hesitate to say I talked to over 200 persons. . . . I would say that at least eighty percent of the individuals that I contacted stated to me that they did not believe that Charles G. Swindler could obtain a fair trial in Newberry, but due to family connections, business con nections or mere friendship to the deceased or to the deceased’s fam ily, they stated they might in some way be involved in this matter and would prefer not to sign an affi davit.” He said he only ran into two persons who believed the de fendant could get a fair trial and those two based their opinions on the fact that no member of the family of the deceased could serve on the jury in the trial of the case. He told of an encounter with a person at a restaurant in Bates- burg, who told the attorney after a short discussion of the case, ”1 hope they hang you both.” Mr. Coleman said that the man stated he was from Newberry County. When questioned by Judge Bussey as to- whether he had obtained the man’s identity, Mr. Coleman re plied “after he made the statement he did, I did not feel like I wanted to know this gentleman.” Solicitor William T. Jones ar gued against the motion on be half of the State. Answering the statement that “feeling was high at the inquest,” he said “coroner’s inquisitions have grown to be things of interest in Newberry County.” Commenting that the only duty of a coroner’s jury is 'to determine where and by what means a deceased came to his death, he said “In tlrfs particular case I planned to present at the Coroner’s inquisition, with the acquiescence of the Coroner, only a sufficiency of evidence to indi cate conclusively and beyond any doubt to the jurors . . . how and by what means the deceased came to his death. As a matter of expla nation, I turned to the people and told them the interest was high, rather than to use the term cur iosity.” He stated that there are always “five to ten times more people” at Coroner’s inquests in Newberry county than at any oth er county in the Eighth judicial circuit. The Solicitor presented to Judge Bussey 67 affidavits, from persons who stated the opinion that the defendant could receive a fair and impartial trial. In reply to the argument by the defense that newspaper articles had “inflamed resentment toward the defendant,” Mr. Jones said: “In an effort to present to the people of this county and every community a complete coverage of news items, be they what they may, features or otherwise, the papers have followed as closely in this case as any I have ever ob served. I have had occasion to read the local papers with respect to this. They have taken practi cally word for word from the doc tor’s statement which was intro duced at the coroner’s inquisitions, stating within it that upon exami nation of the body of the deceased, a bullet wound entered his back, posteriorly and came out anter iorly.” I cannot see any connec tion wherein that would serve to inflame the minds of the people . . . I have not seen nor have I been presented with any specific claim on the part of any inflam matory newspaper report other than in argument of counsel which referred to where the de ceased was shot and that is in the record of the inquisition pa pers filed in the Clerk of Court’s office.” In efforts to prove that the de fendant could obtain counsel in Newberry, the Solicitor called several Newberry attorneys to the witness stand. First of these was R. C. Lake, of Whitmire, who stat ed that he would be whiling to as sist the defense in. the selection of a jury for a trial, also that he would be whiling to assist in the defense of the case for a “fair or reasonable fee.” On cross exam- ation, Mr. Coleman asked the wit ness “Didn’t at that time w r hen I asked you would you assist in this case, your answer was this, ‘no, I don’t think I would be interested because it would be political sui cide?” Mr. Lake replied “No . . you prefaced your remarks I be lieve with the statement that you were planning to make a motion for change of venue and that you would like for me to say whether or not I would be interested in association with you on the case. I told you no at that time.” Hon. Eugene S. Blease took the stand next and stated that he had not been approached on behalf of the defendant prior to the time de fendant employed out-of-town at After Thanksgiving Clearance One Rack DRESS SHOES $8.99 One Rack DRESS SHOES $6.99 One Group CASUALS $6.99 One Group CHILDREN SHOES $3.99 & $4,99 One Group BOYS SHOES (4 to 6) $4.99 2 DAYS ONLY ------ FRIDAY & SATURDAY Broken Sizes Anderson’s Shoe Store Give Us This Day. Every day our prayers are answered. Every day we ask our God for guidance and the good things of life. Security is one of the greatest blessings a man ever had—security for his fam ily—security for old age. You can have both by saving a small amount each week, or each pay day. Open an account today, and be sure. 4 ASK US ABOUT OUR DIRECT REDUCTION HOME LOAN PLAN —- AVIJYGS AND LoAN AsS O CIATION N FOUNDED 1935 i^23 COLLEGE STHEET, NEWBERRY, 8. C. “Use our Modern Night Depository for after office hours business. *» “NEWBERRY’S LARGEST SAVINGS INSTITUTION »> Exceptional Rangel Vocal range is what counts in a soprano. In a motor oil the important thing is the temperature range at which the oil is effective. Phillips 66 Trop- Artic* Motor Oil is exceptional in this respect. Trop-Artie permits easy starting in a cold engine because it doesn’t get too thick. And it provides dependable protection in a hot engine because it doesn’t get too thin. Winter and summer, year after year, the exceptional range of Trop-Artie Motor Oil will contribute to finer performance from your car. Get Trop-Artic Motor Oil at any Phillips 66 Station. *A trademark D. Coleman Oil Company Distributor Newberry, South Carolina Legal Holiday Notice THURSDAY, NOV. 27th (Thanksgiving Day) The Offices in the Newberry COUNTY COURT HOUSE $ will he closed. WATER WELL SPECIAL $3.40 PER FOOT Quality Work by a Quality Co. Plus These Extras: 5” Plastic Well Pipe—no rot or rust Drilled quickly by newest air drills You see the water when its hit Same price—dirt or rock ♦ ♦ ♦ 4 45 Years Experience HEATER WELL CO. 1532 Eisenhower Dr. COLUMBIA, S. C. Ph. PO 5-1600 THIS OFFER FOR A LIMITED TIME ONLY torneys. He stated “I have alwaya said, and I still say as long as I am able to practice law, no man would ever come into a Newberry court to be tried for his life so long as we have capital punish ment and let it be said he was denied a lawyer to represent him, regardless of whether he had any money or not.” When asked by Solicitor Jones “If in this case you had been ap proached before defendant got counsel from out of the county, would you have taken the case?” The Judge replied, “I would nat urally try to inquire into the case. I always like to feel I am right in a case I am representing, I was not approached in this case. I wasn’t called upon until after last term of court, about that time. I had not been approached before hand. I want to be equally frank and say that . . . because of my very close association with mem bers of the family of the defend ant, I would have hesitated a long time before I refused to defend him.” Probate Judge E. Maxcy Stone, newest member of the local bar, told of a conversation with Attor ney Coleman. He stated “About the latter part of September or first part of October, $ne of the counsel for defendant came to my office and after a very short con versation I can well recall my answer to him. It was this: Tf I thought you were really inter ested in me as a lawyer and I thought I could do you any good, if it were a serious offer, I would consider it’.” Judge B. V. Chapman was next sworn. Examination revealed that he had been contacted prior to the September term of court by defense attorneys, that he at first emphatically refused to par ticipate in the case, but upon their insistence, said he would give it further consideration; that he would not say definitely until a ruling was made on the motion for change of venue. He said that he was still “open” and would parti cipate in the case for an “adequate fee.” Next on the stand was attorney Thomas H. Pope who stated that he was contacted by defendant through a member of his law firm, Rembert Parler, on the date the tragedy occurred. “I turned the case down,” said Mr. Pope, “for the simple reason that I had just represented Harold Bowers and Guy Bowers in the Federal Court the week before this incident occurred. Mr. Harold Bowers had paid me the last of my fee at the time on the date of the incident. My firm was rep resenting Junior Bowers in col lecting a note from a Mrs. Pad gett in Batesburg and I regarded myself attorney for Mr. Bowers, uncles of the deceased.” He furth er testified “I never have turned down a case on account of predy- dice. I turned it down purely and simply because I represented the Bowel's.” W. H. Nicholson Sr., speaking in reply for the defense, also told of interviews with many citizens of the county, most of whom stat ed, he said, their opinion that the defendant could not receive a fair trial in Newberry County. “One of the most significant facts in this case,” he said, “we were interviewing a prominent man in this county and talking to him quietly and discussing the matter. We said the only thing we wanted to get was a statement as to whether or not he thought there would be a fair trial. Why, his wife came out of the house in a flurry and it looked for a short while as though we would have to get off the porch; absolutely wild. She said ‘you needn’t come here. None of the people of this section of the county are going to give you affidavits. No, the mail ought to receive the extreme pen alty. We are not in sympathy with him at . all. We want to see the law do for him all it can do.* That is the reception we met in a great many cases.” Argument on the motion con sumed over two hours before court adjourned at 6:15 Monday evening. CAROLINA METAL WORKS Sheet Metal-- Heating - Air Conditioning COLLEGE ST. EXTN. TEL. 115 A. G. McGAUGHRIN, President & Treasurer. “I mortgaged the house' to buy a carV then I mortgaged the car to fix up the house . . . maybe I shpulda seen Purcell’s in the first place.” About the only thing I’m, sure of is that kids will be kids and Purcells 4411 help me }ive through it. S' u r c e 11 A “Your Private Bankers” 1418 Main St. Newberry W Nice to Know That your “Santa Claus” can be all paid for... Thanks to a Christmas Club Check from the Newberry Comity Bank YOUR CHRISTMAS CLUB CHECK FOR 1958 Will be mailed November 28th to help you enjoy the holidays without financial pressure! Look ahead NOW to Christmas, 1959! Plan to make it even more prosperous and merry this year! Join our 1959 Christmas Club which opens December 1st. Save 50c, $1.00, $2.00, $5.00 or $10.00 per week. The Newberry County Bank not only offers this special savings program, but also offers complete banking facilities— and you will find this friendly bank helpful at all seasons of the year. Newberry County Bank Newberry, S. C. Joanna, S. C.