The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-11-08
TIE GOODWIN CASE.
misunderstanding Among Counsel
Case Fixed Tentatively for Sat-
urday Morning.

ltUHUNll!, charged With mUlUTl IL Tile
:liili!.. OF Eugene l.. Leavell. has been
*et for trial Saturday morning. Of
course, it is possible that something
may happen which will prevent the
case from being tried al that time.
For instance, it seems probable that
it will take more than a day to dis
pose Of the case, and there seems to
be a question in the minds of soma
as to whether or not the court could
20 into next week, the Greenwood
court of sessions being fixed by sta
tute to open on Monday morning.
More preliminary motions will pro-
badly come up to be disposed Of also,
Mr.. Blease, of counsel for the defence,
having already announced in open
court that on the call Of the case Sat-
urday morning he would move to
quash tae Indictment. It is supposed
that his motion will be based on the
ground that Mr.. J. S. Domilick, who
was foreman Of the grand jury at the
time the true bill against Goodwin
was found, was called off the grand
jury during the deliberation on the
Goodwin case, because it was stated
he was a witness in the case, and the
true bill was signed by a foreman
pro tempore.
Solicitor Cooper announced ready
for trial in the case on Wednesday
morning. Goodwin was arraigled
and claimed the three days allowed
by law granted those charged with
capital offences after arraignment.
The solicitor introduced an agree
ment, signed by Mr.. Goodwin at the
last term Of court, waving this three
days time. Mr.. Blease contended
that the agreement was made with the
understanding on his part that the
State should consent to continue the
case at that term, but the consent be-
ing later Withdrawn and the defend
ant having been forced to put himself
wittii;;::l the rules Of court on his mo-
ticn for a continuance, the agree
mc@ee had been vitiated. The Solici-
tor s2id that his recollection was that
the agreement was unconditional, and
he contended that it showed on its
face that it was unconditional. He
said his recollection Of the matter
was that when the case was called at
the last term and the State insisted
upon an arraignment, the consent
was signed because Goodwin's at
torney did not want his client to have
to 60 to Jail until the court was over
or the trial had, and if he was not
tried. be Put to the trouble Of secur-
Ing new bond.
Upon a true bill found by grand
jury in a felony case, defendant
must be arraigned before he is
brought to trial, and upon arraign-
me!t the defendants plea is entered.
In capital cases the defendant. after
arra;gnment. is entitled to a certified
CO..: Of tic indictment and three days
in which to prepare his defence. He
ma claim these three days or enter
his nlea and 90 to trial Immediately,
as '1e sees fit.
ca the back of the true bill found
against Goodwin appears the follow
iny agreement made at the last term
Of court, Special Judge F. Barron
Gricr, Of Greenwood, presiding: II
B. ". Goodwin, hereby waive my
right to copy of the within indict-
ment, and also my right to three days
within which to go to trial from the
arraignment. (Signed) B. ". Good
win. Witness: Jno. Y. Goggans.
June 10, 1907"
In felony cases a defendants bond
only holds good until arraignmeat.
Immediately upon arraignment the
bondsmen are relieved, and the de-
fenGant is placed in the custody OF
the sheriff. If his case should not
come up at that term, he may give a
new bond for his appearance at the
next term.
i each term Of the court the soil
cito~ usually calls up the capital cases
on tie first day Of the session to have
tn, defendants arraigned, in order
that, if they should claim the three
DAYS. the cases could be taken up on
Thursday following. If he should
wait until later in the week and the
three DAYS were claimed, it would pos
sibly carry the case beyond the term
In order not to be placed in the Gus