The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-03-09
PEGRAM DARGAN
NOT TO Be TRIED
GRAND JURY HAS
RETURNED mo BILL
Solicitor Stated the Law-Dargan
Had Been Presented by Former
Grand Jury as Accessory to
His Brothers Suicide.

Darlington, March 6.-The grand
jury in making out bills today, found
''no bill'' against Pegram Dargan,
who had been presented by grand jury
last fall for aiding and abetting his
; brother, Keith Dargan, in taking his
life, on the 11th day of July last. The
grand jury spent considerable time to-
day looking into this case. Three
witnesses, Dr.. G. B. Edwards, Mr.. J.
K. Dole, the barber, and Coroner J.
N. Clanton, appeared before the grand
jury but there was not sufficient evil
dence adduced to incriminate Pegram
Dargan for murder.
There has been mo little surmising
as to the outcome Of this case and
many have been the questions asked
as to what disposition the grand jury
would make Of it. The jury frankly
stated that acting on the facts in the
case shown by the testimony they
could not bring in true bill against
Mr. Dargan. There may have been
ground for strong suspicion but they
were sworn to abide by the testimony.
In handing the bills to the grand
jury today, Solicitor johnson spoke as
follows with reference to that OF Pc
gram Dargan:
II have here the Indictment against
Pegram Dargan and would like to-
state, may it please your honor, that
it has given me a great deal of trou-
bic, otherwise than as to the family.
It was the presentment by former
grand jury. | would. not have so
much trouble if there had been a. pros
ecution, as is usual in homicide case.
It was presented last year when there
was a great deal of excitement in the
community over rather notorious
matter. Your honor will excuse me
for saying what I am about to say,
because the situation is rather deli
cate. There was even a great doubt
as to whether there was a homicide
committed at all or not, there was a
good deal Of indignation on that ques-
ton.
"I understand since then that that
question has been set at rest by the
inspection of the grave with the con-
sent of the family.
"Your, honor will not misunder-
stand if I wish to have made pretty
thorough investigation of this case. [
will state why, while ordinarily it is
better for the defendant to be tried
whether he is guilty or not, tried for
his own: yindication where there is an
active prosecution, yet there are some
times other circumstances which enter
into it which have to be considered,
which ought to be considered. and IN
asmuch as this ease emanated from
the grand jury do not feef- author
lied to take any responsibility myself
but feel that the responsibility rests
upon this grand jury to decide wheth-
er public justice demands public
trial or not.
stIt is for them to decide that aues-
ton and it is in better hands, in
the hands of the grand jury, than 1t
would be in mine. [ stand ready to
take that course which would best
subserve public justice. A peculiari-
ty about the case is this: It is a
charge Of murder by being present,
aiding and abetting R. K. Dargan to
commit suicide. I found under the |
common law there could be no acces-
sorry to suicide, because fellow de Sc
could not be- tried. That has been /
changed by statute and an accessory
before the fact can be tried whether
the principal is amenable to justice
or not. But this is not charge Of
being present, aiding and abetting,
which makes one charging this de-
fendant as principal. I charge him,
technically, as the grand jury do, Of
being present, aiding and abetting,
which makes him a principal. I have |,
followed the natural language Of the
statute and have made the charge but
the punishment is the same-it is q
charge Of murder.
"The indictment is peculiar-there