The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-07-01
APPLICATION FOR BAIL
The B"fendante In the PunIarIa Cases Ap.
pear Before Justice Pap" On UB-
haa Corpus Proceedings.


charge made against them. The hear
| ing was had "Wednesday night ut .
| O'Clock at the residence Of Justice pope
| at which the prisoners, the sheriff aud
his deputy, the attorneys for the de-
| fcnSc, JOhnstonc & Wclch for the So
| licitOr and this reporter were present
The hearing occupied until nearly
| twelve o'clock. Justice Pope was pa
ticnt and listened 40 the lawyers with
| apprarcnJ interest, but preserved the
greatest order and dccorum
There was II little tilt between attor-
| nrNs. Mr.. JOhnstonu took the ground
| that tho warrant and testimony taken
| by the magistrate were original papers
and the property Of the State and there
| had been no notice lt prm urr them or
/" s"rn," certified copies and he claim
cd four days notice To produce the pa
| prrS.
| Thry had been brought over by Lhr
sheriff and lad been in tie hands OF
| the defense during the evening.
juStic" Pope said he did not care to
| hear from attorneys for the defense as
| his mind was made mp and he WIS
| ready to rule. lie said the warrant
was in court and had been in the hands
| OF the defendants attorneys during the
evening, and therefore as the paper
| was in court no matter how it got here
| he would rule that il must hr produced.
| Officers may have been imprudcnt, but
that made no difference it must bc pro-
| duccd.
Mr.. Johnstonc then produced the
warrant rrmarkinE that they had not
been served with notice that these pa-
| prrS would hr waul,'d.
| Justice Pope said tina: it, ma, q NO
| hhil"rrn''" his mind was made mp and
| The WARRANT may hr used. The prac-
| tirr in cna"s Of this kind is that such
pap'rs rs are part Of the record before
| The committing mag inlratc are sup
| posed to br in court and no notice is
required on necessary to produce them.
| Therefore hr said he would hear the
| warrant read.
! TN" warrant was then read by MIR.
! Hunt l;c then read the aiidavils or
/ t'ir testimony a> sword To before the
! magistrate. .\ud ON that showing ask =
rd fnr bail.
! Counsel for the State thrn offered
! to- r"ah II large nulnhrr OF aliiHuvils.
Mr.. l;n@sdaIr objected in that the cv-
dcnrc il there was more should have
been produced nt the preliminary in
stcuui OF coming IN this rX.unrtu n.uu-
nrr by u!lidavils.
Justice Pope ruled ti.at he would
permit til" uHidavils TO he read aud If
the counsel for The Gcfrn,ir wanted to
reply he would give them time To do 80
| before filing his opinion.
Anidavils were then read hy John
stone X Wclrh. They were made bv
Nose Davenport, Thos. w. Holloway.
G. Nj. Singlry, Ed. Horde, I.ula At
wood, 5. G.. I.uFur, }. II. Chupprl,
postcll Atwood, Polly Sigh, \. l..
| KniEh,on, Joe Sligh.
Counsel for the defense after brief
consultation announced that they did
not care Cor further time but would
| submit the case "n the ardaviis und
, Testimony before the court
Argument waa made by MIR. Cul-
| breath, Mr.. W. II Hunt. Mr.. Rurs-
! 'lalc for Ihr .lrirnsr and Mir. .Iohns,unc
i"r the State, the dcfru>ir opening and
| closing.
Althr"onrlusi"n .Iu,ticc Pope said in
Il matter "f This gravity hr would like To
| look ovrt the ali lnvils and hr would
keep thr papers, but not long. lie
would iilc his decision with the clerk
| ct the court either the next afternoon
| or the afternoon following.
The conrt then adjourned.
In the ailidavits submitted there IS
! further evidence Of the treatment of
| the woman on the way from Prosperity
to l'oinnria. There is also further
statement in regard to the cries. of
| murder ANA the hearing Of pistol shots
, IN the direction OF the cane brake near
the rallroad. There is an utli,laviL that
MIR. llatlon called or witnesses and
! talked TO them who wrro before the
grand jury when the ca. was hcinr
investigated in Murrh. That Adam
Nnlt bought II rope and that Il rope WA.
| found in somebody's field. That Wash
| Wicker made Il confession. The wo
man has not been seen SO far rs was
| brought out and neither has her ,icud
| body been hrOught out.
Justice Pope yesterday afternoon