The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1901-07-03
ANDERSON, s. c., WEDNESDAY, JULY 8 1901

NeTulct: 'Gullty WltR recOmmen-
dation to the mercy OF the court j.
NJ. Van Metre, foreman.
PunisLment-Liable to q fine of one
thousand dollars and imprisonment not
exceeding twelve mchths.
What n deal of history and what a
record of political ups and downs there
is III this briefly told story.
The customary notice of motion for
new trial was made and it will be
heard on Monday morning and there
viii likely be an appeal and the case
wiil jog along for months and per-
haps years through the court ma
chinery.
In the Assman case the sentence was
for three months and that may be q
precedent in this case.
The verdict was notunexpected after
the case won't to the jury.
Attorney General Bellinger literally
tiayed Neal. He ridiculed the defense
and appealed to the jury to do it's full
duty. The defence did the best it
could but had IN uphill time &C It as
Judge Gary ruled and charged the jury
that il Col. Neal collected this money
and did not expend it for the peniten-
tiary and then failed to turn it over
within thirty days after he went out of
office he was guilty under the terms of
the law. The defense of paying it to
bondsmen would not answer. The
statute demanded that he pay the
money to his successor and not to his
bondsmen. Judge Gary said that the
courts excused from crime first infants
and then those who were insane or
idiots.
TO plead insanity it must be shown
that the defendant did not know right
from wrong. If the defendant knew
right from wrong he was guilty;
if he did not know right from
wrong then he was excused
IN the eyes of the law. The charge
was strong and unequivocal and show
ed that the statute took no recognition
OF intention. The jury sent in for a
copy of the act and after being out for
three or four hours returned verdict
of guilty with recommendation to
mercy. Col. Neal was in court when
the verdict was rendered but said moth
ing and did not appear to be much sur
prised.
COLUMBIA, S. c., July Judge Gary
refused this morning to grant new
trial to Colonel Neal who was convict
ed Saturday afternoon, and sentenced
him to four months imprisonment
in the county Jail of Richland and to q
fine of $1,000.
Later Colonel Neal's attorneys gave
notice of an appeal to the Supreme
Court and his bond was fixed at SO, 600.
Though the motion for q new trial
was generally expected there was not
large audience in the Court House
this morning.
AS soon as Judge Gary took his seat
he announced that he was ready to hear
the motion for new trial, notice hav-
Ing been previously given that it would
be made.
MT. Boggs read the points why anew
trial was asked for. Having refused
the new trial the Judge proceeded 10
impose the sentence.
Colonel Neal arose, apparently the
coolest man in the house. In fact he
was much more composed than the
Judge who was passing sentence and
whose voice was noticeably tremulous.
Have you anything to say" asked
Judge Gary. "why you should not be
sentenced, the jury having convicted
you of failure to turn over money to
your successor in Office within thirty
days after ho had qualified7"
Colonel Neal, with a glance down
ward at his counsel, said, "No, sir"
Judge Gary said: 81 derive no per-
sonal pleasure in being compelled to
sentence you. will not harrow your
feelings by any extended remarks on
your conviction; for take it for grant
ed that the conviction is O sufficient
to you. The sentence of
the court is thatyou pay fine of 81 900
and be imprisoned in the county jail
for four months"
Ihe Judge at first said eat hard
labor" but quickly recalled his words
saying, simply confinement in the
county Jail. will not confine You to
hard labor or force upon you the wear
ing of stripes"
Col. Neal sat down, and though he
had maintained his equanimity up to
the actual passage of the sentence,
when he took his seat it was evident
thnt he felt keenly the situation, not
he knew an appeal would
be taken and probably had no doubt
That ne would be able to raise the
necessary bond.
Mr. Boggs gave notice of an appeal
TO the Supreme Court. Under the cir
bond is allowable and
after consultation the amount was fixed
1t $2, 900.