The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-02-06
WALKER DERRICK.
Appeal to the Supreme Court for n
New TriaI-Interesting Points.

Hon. d. H. Magill appeared before Judge
Buchanan last Saturday, and made motion
TO stay the execution OF the sentence In the
case Of Walker Derrick who was sentenced at
day OF March next, After hearing Mr.. MaglIl
the Judge signed the following ORDER,
The State of South Carolina.
County OF Abbeville.
Court Of General Sessions:
The State vs.. Walker Observation-Disclosures.
The defendant, Walker Derrick, having
the o6th day OF January. 1895, 10 be hanged on
the Sth day of March, 1895. and u appearing TO
the court by the cknowledgement Of NJ: F.
Ansel, Solicitor Of the a,Sa Sth circuit; ana r; w.
tice OF appeal TO the Supreme court from the
Judgment and sentence In said case, has been
duly served, In writing; and II further ap-
pearng 5y the apes a be m
staying Of the execution of said sentence
pending said appeal, now, on motion OF ID.
II. Magill. Defendants Attorney,
1t is ordered that the sentence OF this court,
imposed ON the defendant, Walker Derrick,
on the 2Gth day OF January, 1895, be and the
same is hereby stayed, pending said appeal,
Feb. I'd, 1895. .: pHesiaiSe Ts SasfeRsH; Judse.
The Press and Banner did not give the de-
tails OF the trial Of this case; but the ones.
tions raised by the Jealous cousel for the pris-
oner may be Of interest at this time, since
they are nice points and have never been set.
tied in this State.
The prisoners counsel moved 10 Quasn tne
indictment on the grounds:
i. That the Grand Jury who found the bill
of dctrnent was an illegal Jury In that the
former Grand Jury, which was superseded oy
petent court to be illegally drawn.
2. That the return Of the Sheriff as TO his
service OF notification on such Granu Jurors
Is insufficient and 1t does not appear that the
Jury commissioners we're served with the writ
of Venire Facias.
3. That the proof Of service Of those jurors
purporting TO be served by the Sherif's dep
uties was not made under OATH
4. That IL does not appear by the return ol
the Sheriff or otherwise, on the writ OF venire
facias or elsewhere, that the Sheriff served
such writ on the jury ommissioners, In ooe'
dience to the mandate Of the writ.
). Because The Sheriff's return does not
state whether he left written notification
with each Juror OF bis having been drawn, al
his place of abode.
This motion was overruled by the court and
Mr.. Magill having found the same Irregular
tiles with the writ as to the petit Jury be
challenged the array OF petit jurors. This OBJ
lection was overruled and exceptions noted.
| After the conviction q motion on the same
grounds was made In arrest of judgment,
| which was also oveIruled.
| A motion for new trial was made on Inc
| following:
|. Because the Jury found verdict con-
trary TO the evidence, and because there was
nss Oh
9 Because the defendant has discovered
since the trial Of this case, that w. G. Shaw
will swear that he was told by s. 8. Bolles,
| witness for the State, that threats we're made
against the life OF the Defendant, inducing
! him to make confession.
| 8. Because the Defendant has discovered
since the trial that H. H. Shaw was present al
The time and place Of the alleged con fession
N the defendant and knows that the defend
ants life was threatened.
The motion for a new trial was also refused
and the case will 70 up TO the Supreme Court
on appeal. The lie OF the defendant Will not
be forfeited on March the S:h.