Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-05-16


son to the Bar of Justiee-The Part
the Detectives Played and the Com
mon Sense Justification Of Their
Action.
Governor Hayward last week made
public the report Of Solicitor Henry.
detailing the efforts Of that official to
bring the lynchers OF John Morrison
before the bar of justice. The report
is as follows:
To His Excellency, d. C. Hayward,
Governor of South Carolina,
Columbia, 8. c.
Sir: In view of what transpired on
Friday, the 2sth Of April, In Lancaster,
In the effort to investigate the Ker-
shaw lynching, submit the following
report:
After several efforts to secure a
man, Mr.. H. B. Howie was selected as
detective because % of his being
native Of Lancaster county; Cd OF his
association and connections In that
county; CD OF his reputed courage;
(4) Of his knowledge Of the manners
and methods of the people; (5) OF his
former employment by the state, and
(6) to his previous recommendations
for position to your excellency and
others, myself included. OF these
things / heard, and considered them
evidence Of his competency for thiS
work. Aside from the above. and two
prosecutions against him, one for az
sault and battery with intent to kill
Qn which there was q mistrial and n
nal plea Of guilty upon terms), the
other for an alleged attempt at bril-
berry (Which fell to the ground from lack
n L. Nkt NJ IN y
refer to this because an effort Is made
to make the issue one against Howie.
Instead of the lynchers.
In justice to w. n. Newbold, Esq,
I must say, he took the evidence sub
mitted ard advised Mr.. Howie, as a
special favor to me and the state.
without any compensation. feel 1t
my duty to say this on his account,
and my own. I consulted frequently
with him because found formerly
when he was detective that anything
reported by him was always fact that
could be relied upon. His intelligence
and experience along this line OF work
made me turn to him for help.
I know that detectives have to re-
sort to strategy. This Is resorted to
in diplomacy. love, war and peace.
Surely the fowler viii not set the
snare I'm The sight of the bird.
Before the detective started the In
vestigation l gave him the following
note:
18th Nov, 1904.
To Whom It May Concern: ~
Dear Sir: In case any one OF the per-
sons who took part in the lynching
of John Morrison at Kershaw. B.. C.,
1st day Oct, 1904. will give evidences
against the others who were engaged
there, and in favor Of the state. on any,
legal inquiry thereunto, he shall be ex-
empt from trial or punishment there
for, except the leader Of said lynching,
and the person or persons who hred
the shots into the back OF the said
John Morrison. Yours truly,
J. X. HENRY, Solicitor.
/ gave the above because It was the
policy of the state to prosecute only
those who took the lead In. or actually
committed, this awful murder; not ac-
cessories. nor persons who might have
been present as curious spectators, or
who, in indignation, might nave SAID
something against the person who 50
foully murdered young Floyd (as II
then appeared).
The Investigation proceeded while
attended the exposition. After my re-
turn the report Of the detectives gave
the names of the murderers and or
those who made remarks and melted
the lynching; but the names or no
witnesses The investigation continued
for witnesses, until Frank Hough was
brought to Chester for the purpose OF
making his statement. Late in the
evening I received notice that young
Mr.. Hough wished to see me In MT:
Newbolds Office. On entering ] found
there Messrs. Hough. Howie, Austin
and Newbold. Mr.. Hough said to me
he wanted to know II he told all about
the lynching and the part he TOOK.
and help the state, would / let him
off. I replied: "I have given Mr..
Howie a letter to that effect, and or
course would do so with him." He
said: That's all right; wanted you
to say 50. I will take your word"
said: "No; I will put It In writing"
and did 80. Here Is a copy OF 1t:
Chester, s. c., March 31st, 1905.
Mr. 8. F. Hough, City:
In the matter Of the prosecution OF
the lynchers of John Morrison, l. as
solicitor, agree not to prosecute any
one thai assists the state as witness
in the prosecution Of the others. This
applies 10 you and any others that
may name, and excepting the person
or persons that fired the shots Into
Morrison's body or was the leader Of
the mob. j. *. HENRY,
Solicitor Sixth Circuit.
further said to Mr.. Hough: "Tell
only what you know to be true.
would not have you implicate an inno-
cent person for anything. Whatever
you tell do It freely and truthfully."
Some one suggested that / ask Mr.
Hough questions. / refused to do TINS,
saying / wanted Mr.. Hough to make
his own statement. Mr.. Newbold also
urged Mr. Hough not to make any
statement unless he was willing TO
burn the bridges behind him. Beiore
I left heard him make the stafemen!
a conv of which is hereto attached and
marked Exhibit A." On this occasion
or any other failed to detect excite
ment, liquor or anything wrong. THIS
was the evening Of March 81. l had
asked Magistrate Caskey TO come 10
Chester for the purpose|of taking TINS
statement, and-Issuing the warrants
n -necessary, at the request or the oe-
tectiye. Mr.. Hough did not want TO
see anyone from Lancaster, was my
information, confirmed Afterwards ry
his begging me not to allow the de.
tectiye to confer with his fatner at
Rock Hill, as l had suggested. After
Hough at least six times in and around
the town when I was at home. / spoke
to him four times. He came to my
Office twice, II not three times. II there
was ever anything wrong with him
did not detect 1t.
From their dates the first warrants
were sworn out on April 1st for Messrs.
Heath, Stevens, Welsh, Hough and
others. I learned from Magistrate
Caskey that warrants were Issued
without getting the names.
Upon examination Of the evidence,
concluded the evidence, while clear ana
strong, was not strong enough to Sc
cure a conviction, and demanded that
search be made for more evidence be-
fore these warrants were served. Be
sides there was no evidence that
Messrs. Heath, Stevens, Welsh or
Hough went to the tree where the
murder occurred, and the state.to In
sure success, had to adopt the policy OF
prosecuting only the actual perpetra-
tors of 80 foul a murder. After getting
out of court at Yorkville ! had con-
ference with you, as you will remem-
Der, and the policy Of the state was
continued. Then the other warrants
were taken out for the alleged per-
petrators, as appears from young
Croxtor's statement, hereto appended,
and marked Exhibit B." I never saw
or spoke to young Croxton to my
knowledge. These warrants were
placed In the hands Of the sherin OF
Lancaster forthwith, was my informa-
tion Then I suggested to the detective