The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-03-17
And One Will Go to the peniten.
tiary for Life.
SAYS THI,, VERDICT.
A Darlington Jury of White Men Con.
victs Two Lawless White Men for
Numbering an Inoffeusive Ne.
gro on the Public High.
way February 9th.

A dispatch from DARLINGTON IN Tho
Soale says verdict unprecedented in
oou1h carolina was rendered there
| frioay when one white man was con-
yicted of murder and another of mur-
oer with recommendation to mercy.
both for killing negro.
Inc sentence under the law for
murder Is death and for murder with
recommendation to mercy is life i'm
prisonment. The judge has no discre.
tlon Ia either case, and only a reyer-
sal OF the courts ruling by the su.
pfeme court or the mercy of the gov.
ernor can alter the sentences. Thef
court records of South Carolina can
doubtless be searched in vain for n
case wherein q white man has been
hanged for the murder Of a negro.
Inc Two men are Bob Small. con.
Vlcted OF murder and Bob Noll. con-
Vlcted With recommendation to mer-
cy. They killed Frank Scott, negro.
on the the public highway four miles
from Darlington on February eth
not six weeks ago.
Small and Noll were from North
Carolina and worked at Harner,s aaw
mill, nine miles from Darlington.
dhey came to town on Monday, Feb.
9Th, eacn bringing shot gun. After
Staying In town several hours, aud, it
Is said, drinking heavily, they began
thelr homeward march. All along
the roai they are said to have been
poisterous and abusive to passersby.
shCotlng at travellers horses and
mules. Finally they met this negro
on load of cotton seed for his EN-.
ployer, w. P. DuBuose, with whom
lie had been working IL years, which
Is testimonial to his good onaracser.
BOB Small hailed The negro and af-
ter few words shot him. His COM
panion, Noll, drew his gun to snoot
him again, when B. E. Howle, conntvs
treasurer, sayailng : Gnis road came
up In his buggy. Knowing the ne-S
gro, he protested against the act and
Noll turned his gun on Howle and
tired, hitting him in the facs with one
shot and the horse receiving tha hal.
ance Of the load in his head and neck
Ihey continued their on ward march
10 tnelr shanties at the sa mill. Mr..
Howle cared for the negro and drove
oack TO town for the sheriff, who.
with his deputies, pursued the msn
and with several neighb Irs captured
them at o'clock Monday igh5 ln
their snanties al the mill, tied them
and brought them to Jail.
Ine negro was pcaceable, reliable
workman. IL was developed chat
these characters had become a dread
10 The people In the community of The
saw mill aud had been coming to Oar.
lington for several successive sale days
TO drink and carouse on their return
home.
The trial Of this case took up the
whole OF the session Friday. The de-
1erdants Were represented by Senator
George w. Brown as attorney. The
jury remained out one hour and 30
minutes and rendered verdict of
guilty as to Small and guilty with
iecom to mercy as to Noll.
The case OF the State VS.. Dock Moore
and William Simms foy une killing Of
Jim Young, All colored, in 1908, was
disposed OF Tuesday night. Simms
was acquitted. Moore was found guilty.
OF manslaughter with Recommendation
to mercy.
John Noll was sentenced to=impris.
onment for life in the State peniten.
tiary, and the date OF execution of
Bob Small was fixed by the court for
The 9Th Of May.