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

affidavit hereto appended and Sheriff
| Peden's statement Exhibits c and d.,
| there was an effort to run in and get
possession Of the states witness by
/ Messrs. Heath, Stevens and Welsh,
which succeeded and resulted In their
arrest at a hotel in Chester about mid
MIS- of April oath on the warrants OF
Apr,. 1st. II these gentlemen were not
so engaged at the time Of their arrest,
as alleged by the detective, appear
ances were most terribly at fault. The
detective was justified from appear
ances in his conclusion, and can't say
he blundered.
| A little after midnight Sheriff Peden
reported at my house the arrest OF
these parties and asked for instruc-
tions. I told him to hold them until
he could turn them over to Shertn
Hunter If his warrant was regular.
Fl. wenred to know If he could keep
them at the hotel. replied: THAT
| is a matter for you. Consult your at
torney." After he left counsel for the
parties arrested called me up over the
phone and asked me to instruct the
sheriff to let them stay at the hotel.
My reply was: II can't do It. That Is
his business" Again was asked over
the phone to take up the question OF
bail before Judge Gage the next morn
ing I refused this because O 1 was
not fully advised; (2) I did not think
1t proper in a case like this. The next
day the detective informed me that
Sheriff Hunter told him that the hear
ing on the last warrant issued for Bur-
we'll Truesdale, One-eyed Belk, alias
Graddison Belk, and Jones, negro.
was set for April 2Sth. This was told
him before anybody else was arrested.
After Frank Hough had been arrested
with others and taken to Lancaster.
the detectives reported that an effort
was being made to run In and get pos
session of young Croxton, another wit
ness for the state. He had anticipated
this and had him hid out and left
town to look after him. AS 1t turned
out he was correct. While he. was
out looking after this witness, had a
conference with Sheriff Hunter at the
ter, and told him I would, by IL
o'clock the next day, let him know
whether we could hold the preliminary
on the 28th. This was on the evening
Of the 26th. That from appearance Of
things 1t looked like. 1t would be i'm
possible to hold 1t then. At the same
| time and place met Mr.. w. L. Crox-
ton, the father of young Croxton, an
other witness for the state, hunting his
son. Young Croxton's father and broth
er, with detective help (this Is upon
information). ran him down and got
possession of him in Charlotte on the
9th. Over the phone instructed the
detective to turn young Croxton over
to his father upon his giving receipt
for him, containing express promise to
have him at the preliminary hearing
on Wednesday, May Sd, to testify. The
Ireceipt of Mr.. w. L. CroXton, given
to a policeman in Charlotte. Is as fol-
lows: ..
81 hereby agree and promise to have
my son, Spencer J. Croxton, at the
preliminary hearing of the persons
charged with lynching to be held at
Lancaster, s. c., on Wednesday, May
3rd, 1905, at 10 o'clock a. m. (erasures;
to testify In behalf of state). This
April 81, 1905. w. L. CRoXToN.
| Witness: G.. F. Duke.
(Erasures in above as per Originally.
| A short while before going to the
phone about noon to confer with the
detective over young Croxton. I
'phoned Sheriff Hunter that 1t would
be impossible for the state to go into
the preliminary on the 28th Of April
and requested him to so advise de-
PENDANTS and their counsel. Some
minutes thereafter Magistrate Caskey
called me to the phone and said the
accused demanded a preliminary on
the next day. April 2Sth Upon my
saying 1t would be impossible to go In
to 1t and would have to move for a
continuance, he urged me to come over
and make my motion. I promised and
went. AS to what there occurred ap-
pend the official stenographer's notes
Exhibit E). Early on the morning OF
the 2Sth / received the receipt OF Mr..
w. L. Croxton. I met the detective
who had charge Of the case at the
train about four minutes before the
train left for Lancaster. After short
conference, in which / found out that
1t was doubtful about Croxton testify
ing and that other witnesses could not
then be produced, / promised him and
went over to make the motion to con-
tinue till May 3rd. In my opinion, IL
Hough's and Croxton's statements are
true( and the state desired an opportu-
nifty to put them to the test) there Is
enough evidence to put all the parties
except Austin on trial. I could not get
the witnesses there on the 2Sth Of
April, after the running off Of the
states alleged witnesses. Why the
magistrate dismissed the proceeding
upon motion to continue can't con-
ceive, in the face of section % Of the
/
of our supreme court In the case OF
State vs.. Arthur ct al. Il Mcmillan
1850. the syllabus Of which Is as fol-
lows: Where two justices under the
habeas corpus act, had admitted per-
son to bail who was charged with muir
der in the warrant. 1t was held that they
were guilty Of an escape and might
very properly be indicted" He may
have followed the advice so often Civ
en- magistrates, to wit: go upon gen.
eral principles to do right. You are
law. Try to do right. If you miss 1t
you have done the best you could. II
you have tried to do right the circuit
Judge will correct you" The forego-
ing are the facts and information
known to me. This closes the second
chapter in the lynching of Morrison.
The magistrates conduct cannot affect
the case. 1t still stands open.
| 1t turns out that when Floyd was
shot down, strange to say. although
contrary to his reputation, he had a
pistol upon his person, If not In his
hand. This statement Is made from In
formation from the highest sources.
The case Is now up to the grand jury.
1t may be there are other witnesses.
So far as the state Is represented by
me, the policy adopted at the beginn-
ing will be continued. / am ready to
grant amnesty to any and every per-
son who will aid the state In bringing
to justice the persons who with wick
ed hands slew Morrison at the tree or
led the mob. These are not over eight
or ten. am confident the whole crowd
at the tree did not exceed 80.
| Conclusions.
| The foregoing report is from known
facts, credible information, corrobor-
ated by circumstances. Now for the
conclusions from the whole matter:
| Morrison, a prisoner Of the state, has
been taken from prison and the GUS
tody Of the officers and foully murder
ed for Staying his fellowman, who, con-
trary to his reputation. was, at that
time, armed with deadly weapon.
Morrison was white nan In that
community without family connections
or influence, without money, ignorant
with a helpless and ignorant family
dependent on him. The boast is, he
was so despicable in the eyes of the
community as to be denied burial place
There Is no possibility of his death be-
| ing avenged except by the state or the
great Sovereign. governor Of the uni
verse. Humanity speaking, II seems
there Is no one to take any interest In
the matter unless the oath bound Of
ficers of the law do so. and this Is not
popular nor pleasant nor profitable, as
7 know Rut II Is duty Unless the