The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1891-11-11
QUESTIONABLE PROCEEDING
DOES THE STATE OF SOUTH CAROLINA
PROPOSE TO oPPREss THE PooR7

Will the Governor Withhold the Re
| ward for the Surrender OF a Mur
derer, Because he Voluntarily Sur
/ renders or Because His CaptOl
May be willing to Give the Money
for the Defense of His Prisoner
COLUMBIA, November 4.-Mr. II. II. Hill, o
Barnwell, called Today on the Governor ant
claimed the reward for the delivery of w. J.
McFail TO Sheriff Lancaster, OF Barnwcl
county, on the following certificate:
| State of South CarOlins, County of Barn
! well This is TO certify that II. Fl. Hill has
this day delivered to me the person of w. l.
McFail. charged with the murder of +. Z. Bur
pee, at Midway, in this county nd State, and
| that the said w. l.. McFail Is now confined In
| the counry jall. j. w. Lancaster,
| Sheriff Barnwell county.
| From previous information Governor Till
man suspected that the inodus opcrandi was
the rewards until he shall have siftcd the
| tran raction Of its dubious matters. Some Oi
| the dement's OF doubt may be gathered from
the following letters:
| To his Excellency, Governor Is. K. Tillninn
Colum bia, =. C.-Dear Sir: William l.. McFai
surrendered voluntarily to The Sheriff Of this
To-Day W Shy fam aTd ne
the State, and should be disregarded: Yours
truly, Robert Aldrich.
BAMBERG, November 3, 1891.
Hon. B. R. Tillman, Governor S"uth Caro-
| lima, Colum ba. s. C.-My Dear Sir: McFail
| the slayer OF Burpee, has surrendered through
his friend II. H. Hill. This Is done to get the
reward offered by you for his defence, or at
least this is the general impression here. Can
you not withhold the reward and investigate
the n after?
Our Slate should not pay for the defence OF
her criminals If it can beavoided.
have written the above with the hope that
yon may be able to do something to stop this
business. Yours very truly, II. c. Folk;
Governor Mr.. g. w. NJ. Williams. who was
connected with the McFail case. wrote the fol.
lowing letter: o,
To his Excelency, B. II. Tillman, Governor
or South Carolina: Having been Informed by
Mr.. H. H. Hill of certain communications tu
you, have read the communication OF Rob,
ert Aldrich dated November 2, and addressed
to you, In which he states that VIM. l.. McFail
surrendered Voluntarily 10 the Sheriff Of this
county to-day, and I wish to say that, while
make no charges Of ''wllfully mistaking
things" against Mr.. Aldrich, he is very seri.
I am the legal adviser OF Mr.. McFail in the
case he now stands charged with having conf
nitted against the law. Col. Aldrlch was by
some meals brought into the case to assist ME
in the defence OF McFail. I further wish TO
state that Col. Aldrich Is defending party
charged with arson, against whom Mr.. McFail
is an important witness, and In whose behalf
Mr.. Aldrich Is Of course quite SolicitouS.
further wish It known to you that was In
Barnwell OH the I'd (the date Of Col. Aldrich's
letter. and he did not Intimate TO me any In
tention of writing you or ask me anything
concerning this anomalous correspondence.
saw Mr.. AIdrch early on the morning OF the
2d and asked him for a consultation, and after
hearing him at the front gate OF his residence
In regard to H. c. Folks communication TO
Y ou dated Sd November, / wish 10 say to you
that although being Representative from
Barnwell that he would not dare to tell the
Though Folk has the honorable attached TO
his name as the Representative of the people,
he has exhibited to my mind q partisan leel-
ing, unfounded in fact, except as suits his own
peculiar notions.
I would not write this TO you. Governor, ex-
cept for the language used In Folks letter,
which / hope the public will see and appreci.
ate, and from the backing the erroneous re-
port seems to have come from one Of McFail's
your obedient servant g. w. NJ. Williams.
The correspondence which precedes reveals
a most remarkable state Of affairs. We un-
derstand the situation to be:
/. w. L. McFail killed E. c. Burpee al Mid
way.
2. That be fed from Justice, or concealed
himself so as to avoid arrest.
his arrest and lodgment in jail.
4. That a few days ago. he either voluntarl-
ly, or by capture, was placed in the Barnwell
Jail.
5. That the question now is, did the prison
er voluntarily surrender, or did Mr.. II. II.
Hill arrest him and bring him to jail?
6. Upon the decision Of this question, the
Governor proposes to pay or withhold the re-
ward, which he offered for the arrest of Nc
Fail.
Z. If the Governor should withhold the re-
Ward, 1t will be upon one of two grounds,
either that Hill will apply the money TO the
employment OF lawyers to defend him, or
that McFail voluntarily went into confine-
ment.
Upon which the Press and Banner would re.
mark:
/. That all imputations Of fraud on the
State as referred TO In the correspondence. are
irrelevant, and should have no more weight
in the Governors action than the recent act
of Chilian ruftians In beating our sailors.
2. That the intimation of Governor TIL.
man, that he will sec that the reward which
he offered for McFail is not paid for his de-
fence, is extra official and can be excused on.
ly on the ground Of his assuming to intermed
die with matters that do not come within bis
official duties.
5. That the Governor offered the reward
without reservation, and except as the act OF
that power that makes might right, he has nc
right to Withhold the reward, If 1t is true that
McFail is in the custody of the Sheriff Tha,
Is the only legitimate and proper question fol
| him to decide
4. Even supposing McFail did surrender
and did so solely in the hope of receiving the
reward with which TO make his defence, the
State of South Carolina Is in honor bound tc
pay the reward.
S. The State Of South Carolina would have
reason to blush If her Governor should deny
to fulfill the conditions Of his own proclama
tion, for no other or better reason than that o
denying her prisoner the money for his dc
fence, and possibly in the hope Of hanging
him who has no money to pay his lawyer.
G. The good faith, the good name, the hu
nanity Of the State, oil demand Of Governor
Tlllman that he deal fairly with the mar
whose hands are tied, and whose person and
liberty Is locked in prison walls.
7. Without the money which the Governor
offered, it is quite possible that McFail could
not, and would not, have come TO trial.
Does the State propose, first to cheat Nc
Fail. and then hang him without the benetl
of an aUle defence?
If his attorney knew that McFail wpulC
surrender In time for trial, 1t was his bound
cd duty to so inform the Governor. In orde
that he might withdraw his proclamation OF
fering the reward. 1t Is q rost startling ad