The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-11-07
THE GAILLA3D CASE.
Judge Hydrick's Reasons For over
rn1;,o the Motion For New Trial.


JuaeA aydrick made the following
statement of his reasons for overrul-
ing the motion for new trial in the
case of George Spivens and Jack NC
r,oomer. who were convicted Of the
,nnr5er of J. E. Gaillard, which will
be Of interest:
Gentlemen: My view Of the matter
Is this. Wherever verdict has some
support in testimony, unless it IS con-
srary to the Overwhelming weight OF
4he evidence, it is not incumbent upon
the Circuit Judge to set it aside even
4ho,,gh he may not coincide with the
views of the jury in regard 10 the
matter. I do not express my OPINION
as TO the testimony. I do not thlnA
1T would be proper for me to 30 So
nacause the case may possibly go to
,ss,e supreme Court; appeal may De
4aken. and my judgment may be re-
varsed and I have always carefully
abstasned from making any comment
unon the testimony in a case, unless
afterwards prejudice may result 10
4he parties on trial. In so far as
nave been able TO do it, I have en-
.leavored to see to it that these de-
pendants had fair and impartlai
trial, and ie their verdict were wholly
.,nsustained by the testimony, would
not hesitate to set it aside. But
sake it that there is testimony IN the
ease which can be locked to to sps-
4a.n the verdict as found by the jury.
In one sense, it is Illogical, in that the
ir,ry have recommended the prisoners
So mercy. According to the testimony
in the case, if those men killed Gall
lard. i see no element Of mercy in 1t.
1T was admitted on all sides, and ar
gued by counse, for both DEFENDANTS
that whoever did the killing, it was
brutal, uncalled for murder; and yet
the. Jury in their discretion have seen
fit to recommend the prisoners to the
mercy Of the court, which prevents
them from the death penalty, and re-
s1uires that they be sent to the pen1-
fentiary at hard labor for the term
of their natural lives. That there is
some mystery about the case, think
it is not improper for me to state in
that connection that believe that the
mystery is due largely to the fact that
there were some threats Of lynchlng,
the prisoners in this case, and that an
effort was made to- wont say lynch
ing as [ do not know as any effort was
made to lynch, but at any rate that
talk created some sentiment against
The prisoners To what extent that
sentiment Influenced the decision Of
the case, I am rot prepared to say.
I did all in my power to keep the jury
from commingling with the public, or
in any way imbibing any sentiment
against the prisoners, or either CT
them, and I will say here that I be-
aieve that the mystery, whatever
mystery there may be in the trial of
this case, is due largely to the un-
fortunate circumstances that there
have been made threats Of lynching
in the case. 1t does seem to me that
some Of the witnesses have not told
all they know, and why? Why? An ig-
norant person cannot be expected to
take the same view Of it that an in
teIligent man would. You take the
man Levan, who was in the buggy
with the man, who is, from one view
ssf the testimony, supposed to have,
been the man who did the killing,
and I cannot but think that Levan
could have given better recognition
of that individual, whoever he might
have been, and so his testimony is
suppressed because OF FEAR on his
part that if he did not identify the
man as the one who was in the. bug
gy with him, that he would be prob
ably summarily Gealt with by the
mob. 1t is true thai others who per-
haps know something abo2t the affair
and know something about who act
ually did the killing are afraid to
come forward and testify because Of
fear that if they give testimony ex-
cu,pating the parties on trial, that
they will be summary dealt with by
the mob. These are serious and grave
questions, and those questions always
arise in cases where the demon Of
lynch law prevails in any community,
and any community wt.o tolerates
that-for any moment allows that
spirit to pervade its populace, may ex-
pect that there may be Instances Of