The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-03-05


left for him. His attorney stated in
open court that Gibson might.never be
seen on the streets again. He is "a
years old and in critical condition
Of health. -" r..
From o'clock this afternoon until
8 O'Clock tonight the court was oc-
cupied with the Gibson and Zimmer-
man cases again. The attorney for
Gibson, Mr.. Andrew Crawford, made
| an argument Of two hours duration,
asking for new trial for his aged
client, but his points were overruled
by Judge Prince and the new trial
refused.
Mr.. Crawford has made a hard
fight for Gibson and has put his
whole heart and soul into it. His
speech this afternoon was eloquent
and forceful, and Judge Prince stat
ed that it had made its impression
on the court.
The grounds on which the new trial
were asked were five in number:
J. First. That the statute provides
that when a bond is redeemed it is
under the operation of the statute
cancelled and therefore worthless,
consequently the theft Of bond
which has been redeemed is not a
crime.
Judge Prince, in ruling, stated that
this point had net been raised in the
case before, and it raised a doubt,
but it was a question of law upon
which he would prefer to have the
supreme court pass.
The second point was that the
Judge had omitted to charge that, in
doubtful eases, the jury must give
weight to the evidence as to good
character.
Third. That the testimony produc-
cd establishes the lack of knowledge
on the part Of Gibson as to the theft.
Fourth. That the Judge had failed
to charge that uncorroborated testi-
.aony of confessed accomplice.
such as was Zimmerman, should be re-
ceived with caution.
Fifth. After discovered evidence.
which was submitted in the form of
an affidavit from Y. G.. Badham. who
formerly had an Office with Gibson.
to the effect that Gibson s business
with Zimmerman was transacted OPEN
ly.
Mr.. Crawford, who has conducted
the defence of Gibson without fee.
made strong argument in support
; "f rar! of these points. He waS re-
piled to by Solicitor Zimmerman.
who also made a very strong argu-
ment. -
Judge Prince then overrulcd each
point, refusing the motion for a new
trial, and the question Of pas ing SEN
tcnce then came up.
Gibson Very Ill.
Mr.. Crawford stated that his client
was unable to be brought INTO court
and he SCI before the court Gibson 5
| physical condition, prescnlin" a state
ment from the attenlin" physician
this old man on the brink Of the
grave. and presented petition sign
cd by members Of the Bar and other
prominent citizens, besccching that
a light punishment he inflicted, in
view of Gibson's physical and finan-
cial condition and his extreme age,
Judge Prince stated that he was very
much touched by the old mans con-
dition and his plight and had no de-
sire to be hard upon him.
The offence Of which he is convicted
is misdemeanor, and the punishment
is left to the discretion of The court.
1t can be one day or ten years. He
decided, after discussing the matter
rather informally with Mr.. Crawford
and Solicitor Zimmerman. to leave a
sealed sentence for Gibson. to be open
cd by the clerk when Gibson S conli-
tion will permit. Meanwhile Gibson
is under bond.
Daniel Zimmerman, the principal
in the alleged conspiracy to steal
bonds from the State Treasury, was
then called for sentence. Zimmerman
had pleaded guilty to the charge of
forgery. The second indictment
against him had benn nolle pressed
and the third is still pending these
latter two, charging breach Of trust
and larceny.
Zimmerman Told All.
Mr.. r. Fl. Weston, attorney fol