Newspaper Page Text
BASIS OF IRE APPEAL
IN THE JONES CASE
GROUNDS ON WHICH CASE GOES
TO SUPREME COURT.
Papers Given to Attorneys For the
State-Error on Part of Presid
ing Judge Alleged.
Union, April 1.-Grounds of appeal
to the supreme court of the ease of
W. T. Jones, who after a great legal
fight and sensational trial, was on
February 6 convicted of the murder
of his wife last July, with recommen
dation to mercy, and who on the fol
lowing Friday was sentenced to life
imprisonment in the State penitenti
ary, have just been filed with the at
torneys for the State, an extension of
10 days having been granted that -the
appeal might be perfected.
Very great interest will be felt in
the appeal, as the case was not only
sensational, but attracted widespread
interest, because of the many unusual
features entering into it in the way of
evidence, as well as the legal tactics
employed by the defendant's counsel
in their efforts to secure his release on
bail, and to defer the trial of the
case, which they failed to do.
The following is the substance of
the appeal, which covers about 15 or
20 pages of typewritten matter:
. The refusal to quash the indict
ment, and compel the State to elect.
Because it was error to admit the
testimony of B. G. Gregory and Ar
thur English, relative to Mrs. Jones'
acts and conduct towards them as rel
evant and competent, and was entire
ly il-logical, if the conversation to
wards them was excluded as irrele
vant r ad incompetent.
Because the illustration in regard
to circumstantial evidence used by the
judge was in reality and substance a
charge upon facts.
Because the evidence as a whole
was insufficient to bring about a con
2. Exceptions as to matter of evi
Because his honor erred in allow
ing the witness Ida E. Wihitlock to
testify as follows: "I have seen on
her body marks of where he struck
U_sr. I saw -marks on her body that
Mr. Jones had made,'' when it clearly
appears that the witness was not
speaking from her own knowledge, but
from inforniation that she had receiv
Because his honor e'rred in failing
wthen requested to do so, to instrruct
the witness Ida E. Whitlock to re
frain from making a statement based
upon hearsay, this failure taking place
especially when the witness said in
response to the question:
"Q. 'Harry with upstairs with
"A. I suppose he was ini .his own
bed room. Hi:4 methet toll me L.e
And allowing other testimony
3. Exceptions to the first charge
of his honor, the presiding judge: Be
eause his honor erred .in charging up
on .malice in his first charge. That
bis h'onor ordered the jury toefind a
verdict out of one of the four: 1, guil
ty of murder ; 2, guilty of murder with
recommendation to mercy; 3, guilty of
manslaughter; 4, not guilty.
That he distinctly said to .tihe jury,
"You must arrive at one of them.''
He kept the jury in the room the
whole of one night and the greater
part of one day.
That he intended .that- they must
find one of the verdicts which he
stated, the error being tihat under the
law of South Carolina, and under the
act of the legislature, the jury had
the legal right to make a mistrial.
4. Exceptions to seond charge of
his honor, the presiding judge: That
he urged upon them the importance of
arriving at a verdict and that the
language of tihe judge' was calculated
"to influence the jury ,to be guided by
the judicial anxiety that there should
be no mistrial, rather than upon their
own conception of the difficulties pre
sented by the facts.
That his honor erred in 'speaking of
'the Hoyt Hayes case.
That he erred in saying he could
'not feel that the was doing his duty to
'his country if he were to let th4 jury
-off with a mistrial after so short a
- That the -repeated instances on the
parnt of t'he judge that the jury should
find a v'erdict indicated to the jury.
That the judge was satisfied that
tihe facts presented but little difficul
ties and were legally capable of hav
ing a verdiet rendered upon them, and
his illustration taken in connection
therewith in the second charge clearly
indicated to .the jury his opinion that
they should find as against the defen
5. That his honor erred in not
granting the motion for a new trial.
That he erred in not quashing the
indiet'nent submitted by in the mo
Th.a he erred in o-iring illustrations
in the second charge and that evi
dence on the whole being insufficient
to conviet the defendant, and that the
verdiet should have been set aside, be
cause of the affidavits telling of the
expressed opinions of the jurors pre
ceding the 'trial.
ARRANGEMENTS FOR CONTEST.
Greenwood People Preparing to Con
duct Big Competition in April.
Bureau of Information.
Greenwood, April 1.-A meeting of
the local arrangement committee to
make initial preparations for the com
ing oratorical contest has just been
held. Thi-s contest comes off this year
on Friday evening, April 30. The lo
cal committee always begins early to
make preparations for this, one of the
biggest events of the year in Green
wood. Mr. R. P. Blake is chairman of
the local committee on arrangements.
At the meeting last Friday Mr. Geo.
W. Hart and Prof. I. E. Curry of Lan
der college were elected members of
the local committee. The following
is the full committe: R. P. Blake,
chairman; H. L. Watson, secretary;
Dr. R. B. Epting, Mayor Baker, G.
Will Gardner, J. S. Bailey, Geo. W.
Hart and Prof. I. E. Curry.
Heretofore th ere has been some
trouble in securing homes for the dif
ferent visitors, delegates, etc. Mr. H.
J. Brinson, proprietor of the Oregon
hotel, reported through Mr. Blake that
he could only promise to itake charge
of the college boys, the members of
the executive commibtee and the
speakers. The committee decided to
organize a bureau of information to
solicit homes and have the man in
charge of the bureau at some central
point Friday, so as to help visitors in
getting lodging places. The commit
tee has secured 1Mr. J. W. Canfield
for this purpose. He will have a cen
tral location on the day of the contest
and before that day he will make a
canvass to secure a list of homes,
prices to be charged, etc., so that he
will be prepared to assign the visi
tors when they apply for rooms.
The price of the tickets of admis
sion will be the same as last year, 75
cents for reserved seats, 50 cents for
general ad'mission. There will be
more reserved searbs this year than
last. Mr. Geo. W. Hart will have
charge of the sale of tickets and wil.l
have a diagram at Sheridan & Hart's
store. The proceeds of this sale will
be devoted to the .pipe organ fund of
Lander college or to other purpose
more expedient to t-he college author
isties. 'The music athis year will be
furnished by Lander college and is
bound to be a most important feature.
Oratorical contest day is one of the
biggest days in the whole year here,
and the Greenwood people know it. It
behooves every one to join in to make
the day 'this yeair the biggest suecess
of any yet held.
Col Hugh Wilson Celebrates Golden
Anniversary as Editor and Owner
of Abbeville Press and Banner.
Hugh Wilson in 'Abbevi'lle Press &
On April 1, 1859, the editor of the
Press and Banner bought from WTr.
H. Wilson a one-half. interest in the
Independent Press. In 1869 that pa
per was consolidated with the Abbe
ville Banner. .With this issue I have,
therefore, completed half a century
as owner and editor of this paper.
While I had been employed in the
Banner office as printer for nearly a
year before I bought an interest in
th,e Independent Press. I date my half
centruy in the office from April 1,
1859. A little less than five years
ago I sold the office to Messrs. Bead
ey, but my .name 'as editor is still !t
the ihead of the paper.
In the conduct of the paper for half
a century I have not knowingly print
ed a vulgar word, or any combination
of words that would suggest unutter
However much I may h.ave failed I
have striven for the higher and the
I have sought the uplift of chiarac
ter. While I have criticised particu
lar acts of individuals. I have assail
ed no man's eharacter.
During all these years I have been
blessed in many w'ays. I have 'had
good health, for which I am thankful
to an overruling Providence.
I have enjoyed the friendship and
the good will of many of the best
people of the city and county of Ab
When I look back I feel that no man
ever had greater reason to be grate
jul to any people than I have to love
the peopile of Abbeville .county. I
think they are the best in the world.
Entering as I did, upon an educated
or learned pursuit, it -is but natural
that I shouild sometimes have made
mistakes. But notwithstanding all
ths. T have had the sustaininir help
and the enorgn ymathy of
Having strong convictions that the
right must sooner or later prevail, and
being of Scotch descent, I was there
fore deficient in that tact which would
enable me to ple)ase all men. Lack
ing the disposition to set my sails to
catch the popular breeze, I have often
brought storms against myself.
I have often thought that my char
acter and my motives were misunder
stood, and .that for this reason injus
tice has occasion'aily been done to me,
but for all that the general average
of kindness has been largely in my
favor. But my life has been as an
open book, the pages of which were
accessible to all. With the passing
years the incidents of a laborious life
h1ave been inscribed on its pages. My
zeal for the church into which I was
born, and whose members stood to
me in the years of my youth, has led
me to the indiscretion of so acting as
to ineur the displeasure of a few of
the clergy. The paper into whose of
fice I, as a little boy, left the home of
my parents to learn the printing busi
ness having turned on me land having
sought to ruin me and to preach me
into hades even while still alive, I
know not whether a Christian burial
will be accorded to me by that peo
ple. But I have a clear conscience in
trying to open the eyes of the people
to the fact that an imposition has been
palmed off upon them. If I shall op
en their eyes to the fact that they axe
contributing money to Mexico that
should go to buy shoes and clothes
for their own 'little children, I shall
be satisfied. I shall have disoharged
my duty as I see it. My responsibil
ity will then be ended. As I have
striven to live honestly, so I hope that
that great sleep, into which I must
soon enter, may be one of peace.
In these fifty years the Press and
Banner has recorded the death or re
moval from the city of nearly every
man and woman who lived in Abbe
ville in 1859. A large per cent. of the
citizens of that time went to the war,
never to return. Since the war, the
others, one by one, have crossed the
river. Among those who survive I
note: R. E. Hill, J. W. Sign, T. C.
Seal, L. H. Russell, George White, H.
T. Tusten, John T. Owen.
Of the old citizens of -Due West
who took an active part in the affairs
of; the town in 1859, Prof. J. F. Lee
Of the subscribers to the Press and
Banner at the time of my coming into
the office, I can now recall the names
of only four who survive, namely:
Dr. J. D. Neel, of Troy, and Prof. J.
F. Lee, of Anderson, W. C. Moore, of
Dlue West, John T. Owen, of Geo'r
A Royal Legacy.
A poor woman's act of kindness has
brought her an unexpected reward
under a rmantie legacy which a king
of England granted to a subject over
250 years ago.
Tihe story of the legacy 's origin is
famous. Flying from the battle of
Woehester, in 1651, King Charles II,
was hidden from the pursuing soldiers
amid the foliage of an oak tree by a
farmer named Richard Penderel.
The king's gratitude took the form
of six perpetual legacies, granted to
Richard Penderel and other members
of- his family. Two were of ?100 a
year, the other of sHghtly over ?50.
These legacies have come down
through many generations, links be
ing lost here and there, neirs occa
Some time ago Mrs. Cassin, the
wife of a London ca.b driver, appear
ed at the office of Messrs. Petch &
Co., solicitors, having read of a Pen
derel legacy last July. Nine years
ago, she said, her brother, John Pen
derel, a fruit porter, died, leaving *a
little daughter four years old unpro
Although she had no childrent of
her own and it was a struggle to
make both ends meet, Mrs. CassinL
adopted the little girl to save her
from the workhouse. Her brother..
she said, had spoken of an annuity,
which had come down to him from
King Ciharles II., but her impression
was that the pension ceased at his
Application to the courts and to
trustees followed, and recently the
dead man 's little daughter was held
to be a legal successor to her father's
pension, which amounts to nearly 1
pound a week.
Mrs. Cassin 's kindness t.o her lit
'tle niece was rewarded by a sum of
over 200 pounds, which had accrued
in the hands of tihe trustees. In ad
dition she was created the guardian of
Seeing is Believing.
Mrs. Brown (to the new maid)
Well. Nora. I hope we shall get along
veryv nice ly; I am not at all difficult
Nora-No, mum: that' just what I
th:mgh.t the very mlinuite? I set my eye
SOENEZ FROM "BUSTER BROW1N
ROPOSALS FOR SCHOOL SITES
All persons desiring to offer site's
fr the proposed'i new school build
igs and grounds of Newberry School
istrict will please file their propos
s, including a ninety da,y option on
te property offered, with the under
sgned on or before noon Thursday,
pril 8, 19,09. The right is reserved
treject any and all bids.
J. ME. Davis,
o 0 ::s
Quck Mr. DrgitQik
>0 of Buke'sAnc Save
ere' a qure-o th lovo
[oses 0ur! ay' ure h
Quick E. ha &n,Newberry,
Moe 'Hurs Baysb-e m -
L ARselfr,rbl-oni cut hiD.o
Ofewith thDr.Mai Hsal-P
nt iso cureby alle theaiy Itil
te gratesta hettlerentofrth. esate
rbyate for Peh&So,Nberry,o
hursdiay April 22,9t 10, a elev
'elokintheforeoon tand immed
Lca.A.Rs r M.D
orflcewith D. Y. Jonses,
NOTIE OFRINAL SETTLEMEN
Notc i8. eveby giesn hat I.30ia.
o.,fo ucnnectione in Betwthecuto
oter for Gew1eville. y o
Thursda, Aril 22,lballa eevAn
eolcn th f.15no.om, anr conneio
a'Belto thafr Souther Rlettefr
dismiso na amnitalre. ai
OPERA HOUSE, TUESDAY NIGB
75 cents $1.00, and $1.50.
Columbia Glass Lined
Ful Line of the Best Fr
Call and See Us. W
316 and 1318 Main St.
No. 20, leaves Anderson at 2.20
. ., for connections at Belton with
outhern Railway for Greenville.
No. 8, daily except Sunday, from
ahalla arrives Anderson 6.24 p.
in., with connections at Seneca with
Southern Railway from points south.
No. 10, from Walhalla, leaves An
derson at 4.57 p. in., for connections
t Belton with Southern Railway for
Greenville and Columbia.
No. 17, arrives at Anderson at 7.50)
. i., from Belton with connections
No. 9, arrives at Anderson at 12.24
. ., from Belton with connections
from Greenville nd Columbia. Goes
T, APR11L 6th. PRICES 50 cents,
WAILL SOON BE
And you will have to
T HINK A BOUT A.
.We have a beautiful line, all
up to date. The best and cheap
est Glass Lined Refrigera'ors on
the market Will keep your food
pure and cold for weeks. These
are all Cold Dry Air. From
$8.75 to $46
WE ALSO H AVE
SWill Save You Money.
NEWBERRY, S. C.
No. 19, arrives at Anderson at 3.4
p. in., from Belton with connectio
No. 11, arrives at Anderson at
6.29 p. mn., from Belton with con
nections from Greenville and Colum
bia. Goes to Walhialla.
No. 7, daily except Sunday, leav
Anderson at 9.20 a. mn., for Wal
wfith connections at Seneca for 1
Nos. 17, 18, 19, and 20 are mixed
trains between Anderson and Bel
Nos. 7 and 8 are local freight
trains, carrying passengers, between
Anderson and Walhalla and between
Waihalla an? Aneron