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. THE MANNI
Entered at the Postoffice at ME
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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
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
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
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
DESK AND PA
THE BANK C
J A MS SQPuRO'I
inning as Second-Class Matter.
)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
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
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
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
T. M. MOUZON,
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.
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
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
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,
Julia E. Clemons,
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,
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
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
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,
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
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 i gnat ure
1. Grade, class a
2. Pool each gra<
3. Warehouse al
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
Dora E. Wallace.
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
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
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
J. W. Browder.
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
-, -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
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.
That he does not know J. E. Haley
and that the said, Haley does not
live in the same vicinity in which this
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.
cing country dam-.