Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-05-02
NOBODY TO ACCUSE.
Prosecution Of Alleged Lynohers q
Fiasco.

The result of the proposed prelimina-
ry examination Of the alleged Morrison
lynchers at Lancaster last Friday, was
published in THE ENQUIRER within ar
hour after the case fell through. The
following story told in a Lancaster
special to the News and Courier OF
Saturday. includes comprehensive de-
tails Of the proceedings before Magis-
trate Caskey.
The preliminary hearing before
Magistrate Caskey today In the case
Of the parties charged with the Ker-
shaw lynching resulted in the dismiss
sal by the Magistrate of the defend
ants In court and the entering Of a
nolie PROSE- by Solicitor Henry as to
those who had not been arrested.
No evidence whatever was submit
ted by the state. The case attracted
an immense crowd, the court house
where the hearing was held being lit
orally packed. Several hundred came
from Kershaw in private conveyanees
having failed to charter a special
train. Business was practically sus-
pended both at Kershaw and Heath
Springs.
The magistrate called the case
promptly at 10 o'clock. The following
defendants were in court: Burrell
Truesdale. w. E. Belk. s. Frank
Housh. &. w. Heath, John T. Stevens
TT. j. Gardner Dock Belk. Steve L.
Gardner, Jr., John Holden. Steve w.
Welch. They were represented nv
ATTORNEYS E. D. Blakeaey. T. Y. Will
liams. Charles D. Jones and D. Reece
Williams.
No one appearing for the prosecu-
lion. Ma eistrato Caskey waited for an
hour or 80. when Solicitor Henry A
nelly arrived from Chester. The So
'icitor moved for a continuance until
Wednesday on the ground Of unpre-
rared7ess. He said he had been en-
gaged at the York court and had had
no time to prepare this case and that he
left death chamber this morning to
come to Lancaster. That II was the
policy Of the state to prosecute o"lv
those who did the killing, "the killing
If Morrison" at the tree. When there
fore the warrants for Stevens and
Heath were taken out he was at York.
Before his return he found that the
evidence against them was not suffi-
cient. He consulted the governor and
he agreed with him. The detectives
were then instructed to get evidence
only against those directly engaged
IN the killing.
Asks For Continuance.
He said 1t was not the purpose of
the prosecution to arrest Stevens and
Heath unit! It was thought that they
were In Chester. trying to run down
state witnesses. He thought that JUS
tice to the defendants themselves, as
well as to the state and community,
demanded a continuance until the
prosecution was ready. He said he
had no witnesses present and 1t was
not his duty to hunt up evidence. That
'patt Of the case was turned over to
detectives some time ago. He assum-
ed full responsibility for the investi-
CATION.
Mr.. Blakeney. on behalf Of the de-
PENDANTS. demanded an immediate
hearing. as they were charged with
the most heinous offence known to the
law. He asked II a prosecuting officer
had the right to hound down by de-
tectives men engaged In lawful pur-
suits and then, when arrested, deny
them bail. as was done In Chester In
this case He believed the policy Of
the prosecution to be to put these men
in Lancaster Jail just as they were
Jailed in Chester. He ridiculed the
idea that the prosecution had had no
time for preparation. One Of the war
rants was issued April 1 and yet no
action was taken until April 25.
Referring to the report that the gov
ernor has something to do with the
case, Mr. Blakeney said the governor
told him that he had nothing to do
with the prosecution, which was left
to the solicitor of the circuit. He said
he did not believe that the governor
was undertaking to say how this case
shall be conducted. He never knew
the state before to try to incarccrate
innocent men. He did not believe the
prosecution wanted justice done In
this case.
Replying the solicitor said II any
blunders had been made he was res
ponsible for them. that he would rath-
or blunder than do nothing at all. that
his conscience would not allow him to
10 nothing in this matter; that he ad-
vised the governor to make the !ves-
tieation. He said he not only had no
witnesses here. but had only talked
casually with the detectives about the
case. He declined to give names Of
his witnesses who were absent. H
questioned the right Of the magistrate
to hold this preliminary and express
ed willingness to go with the parties
tonight before Judge Gage In Chester
or Judge Purdy In York.
Mr.. T. Y. Williams, addressing the
court, said the question was not
whether 1t would give Mr.. Henry
further time or whether 1t would give
H. B. Howie further time to travel In
Pullman cars over two states spending
the states money In gambling dens.
ETC.. money drawn on the solicitors
endorsement, but the question Is
whether the testimony Is sufficient to
hold these men charged with murder.
He regarded the whole proceeding as
an outrage on justice. a conspiracy to
rob South Carolina. He did not know
all the conspirators. but he knew that
H. B. Howie was one Of them.
The Arrests Monday.
He said the arrests were made Mon
day night and the solicitor had had
several days for consultation with his
detectives Mr.. Jones emphasized the
fact that the defendants were asking
no favors Of any one; that they were
demanding their right to a speedy in
vestigation-right guaranteed to every
man accused Of crime. He said How
les affidavit. on which warrants were
issued, was not on information and
ha,iaF hut ahaolute knOwledPe He