The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-10-14
BENNETT MAY NOT
SERVE FOR LIFE
QUESTION MUST BE DECIDED
BY SOME OTHER GOVERNOR, SAYS
GOV. HEYWARD.

New Facts in the Case in Which
Two States Were Inferested-Ben-
nett stated That When He Shot
His Wife He Thought He Was
Shooting at n Constable or One OF
His Deputies-This Statement
showed Disregard of the Law.
Received Five Years for Man
sIaughter-May Serve 1t On the
County ChainGnng-PoIitic in
South Carolina Are Quiet.
Gov. d. c. Hayward of South Caro-
lima, who is in Savannah on business
connected with the final winding up Of
the estate of the late j. H. NJ. Clinch,
talked interestingly yesterday of the
Bennett case, which has recently at
tracted so much attention. In dis
cussing abe matter, Gov. Hayward
said:
There were several facts in con-
nection with the case that were never
brought out by the Savannah news
papers, and which put an entirely diff
ferent face upon the matter. 1 do
not wish to appear in the role of d
prosecutor, but under all the circum-
stances l did not feel that 1 could
do otherwise that bring Bennett back
to the state and try him for the MUIR
der of his wife.
He was tried in his own county and
convicted of manslaughter. The Judge
sentenced him to serve a term of FIVE
years at hard labor. Under the laws
of South Carolina a felon can either
be sent to the penitentiary or put to
work on the chaingang of the coun-
ty in which he resides. The superin-
tendent of the changing in the coun-
ty in which Bennett lived asked ME
ii he could keep him there, l told
that he might do as he pleased in the
matter.
New Facts Brought Out.
"One of the facts which l never saw
published in a Savannah paper was
that at the preliminary trial before
the coroner Bennett stated that when
he fired the shot that killed his wife he
thought he was shooting at the
constable or one of his deputies. The
burglar story came out later.
AS soon as l saw in the papers of
BOnnetts county that he had made
all / could to bring him back to my
state for trial. 1 made the requisition
on Gov. Terrell on two grounds; first,
that Bennett had shot and killed his
wife, and, second, that he was a fugi-
tive from justice. The requisition was
honored on the first ground
THE fact that Bennett had made
the statement to the coroner that he
thought he was firing at a constable
of lie Oh ft,o -
disposition. He knew that he was in
South Carolina, contrary to the law,
and, like the worst of criminals, was
prepared to take life rather than be
arrested Under these circumstances,
/ do not feel that l would have done
my duty if l had not brought him
back for trial.
Then, too the coroner erred in turn
ing the man loose. Under South Caro-
lima law, man who shoots another
must be bound over to the grand jury.
In Benefits case this was not done.
May Drop Life Sentence.
LAS to whether the man will have
to serve out his old sentence of life
Imprisonment" continued Gov. Hey
ward, Il cannot say. 1 shall be out of
office before his five years for man
slaughter are served. and the ques-
ton of his serving out his life sem
tence will lie with my successor. 1
am not seeking to evade the question
at. all, but l simply cannot touch it
until the present sentence is served.
"Bennet was sentenced to life i'm
prisonment during the term of Gov.
McSweeney. The Governor pardoned
him on condition that he leave the
state and never return. He went to
Georgia and, after remaining there
some time. wrote to me asking per-
mission to return to his native state.
This 1 refused to grant. Then, de-
spite my refusal to allow him to re-
turn, he did return and admitted, ac-
cording to the newspapers of his own
county, that he killed his wife, be-
lieving her to be a constable or his
deputy attempting to arrest him for
violating his parole"
Politics Are Quiet.
Gov. Hayward, when asked about
political conditions said briefly:
"In my state everything is very quiet.
This was an off year with us and there
was no opposition, just as in your
state. / have not been in the North
ern parts of the country, and so can
say nothing as to what conditions. ma
tionally, seem to Indicate.
1--WE are all hoping for the election
of Parker and Davis. however, and
South Carolina will do all she can to
help the ticket along"
WORK nE c0NUIHTc