The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-11-08


that | represent Mr.. b. W. Goodwin
as his sole counsel in this case. and
that at the time this waiver of ar
rai"nincn' was procured it was pro-
cured by fraud and by deception and
miSlradin" statements. When thc
motion for Il continuance was made
and counsel for the state demanded
that B. ". Goodwin be arraigncd. the
judge then presiding started to make
the arraignment. Something was
said about tnc waiver of the thrc,
days. | stated distinctly and posi-
lively that if The counsel would agree
to a continuance Of the case until the
next term of the court. which is now.
that | would have Mr. Goodwia to
waive his arrai"nmcnt. the three
days. notice, and the demand for a
copy of the Indictment. The counsel
went int" tnat room on the left hand
side OF this court house. The so!iri
tor came back to my desk and tod
me they had agreed to the continu-
anrc. Cpol that condition I had Mr..
Goodwin to 81 "n the waiver, as 7 con-
sidcred the ease would he continued
until the next term Of the court. A
few minutes later one of the counsel
For the State came out and called the
solicitor. and they went back in the
Jury room for another consultation.
Thry came out at that time and stated
the ease wnull not br continued. and
| immrdlatrly, having been deceived
and mlSlrd. rot up anI moved to
strike that waiver from that inlict-
mrni. That is he truth. That i the
way | understood il. and it i, had not
been for that understanding. | would
not, under any rircu: lSiances or con-
ditl"ns. have allowed that man to
have made that waivcr.'
Solicitor Cooper said: 81 wish to
state that my recollection Of every
thing that happened in this matter is
not cntirely clear But on Monday
morning this ease was called up. We
asked for an arraiHnmrnt. We knew
that when the defendant was arraiyn-
rr ne would b. entitled [" three days.
and there waS considerable nrgolia-
iiun, but am certain that we never
agreed on M"mday t" any continue
anrc. because there waS no continue
aarr granted. and it WAS fixed that
day for Wednesday, tentatively. or
something Of that kind. | don't re-
member now when that waiver was
signed. but do know that | insist al
ways on arrangement, or absolute and
waiver Of it. | do,l't
what time the waiver was
signed. know | wrote it out and
win signed it aad the clerk Of court
Witnessed il. AS for intending to mis-
lead any man. that is absolutely false.
! have never made a statement TO any
man with any intent to miSlrad aim. |
don I remember what all the ncwotia-
tionS wrrc--thrrr was considerable
but never made any
statement any time intchdin" 10 mis-
lead him. and always insisted upon
an arrangement in this ease "r an
absolute waivrr.'
Mr.. please: "N"u don I deny that
y"u Intended it "r not, you
lid miSlrad mc?'
The Solicitor: Il can say about
;hal-.-l #ay with any intent. Yon
might have misunderstood me. -
Mr.. BleaSc: 81 don't charge any
!hing diShonorablr to any man in this
case, but say was miSled.'
The Solicitor: II can't say how
You understood it, can, say how
You took it, but know I didn't in
tend t" mislead anybody, but my pur-
pose always was to get rid Of these
three days; that is why 7 insisted up
on that arraignmcnt on Monday
The court decided that as there
seemed to be some misunderstanding
he would grant the three days. Where
Il legal right of the defendant was in
vnlvcd. he said. he did not like 10 de-
privc him Of it if there had been a
misunderstanding.
The ease was then fixed for trial
Saturday morning.
1t will be recalled that at the last
term Of court the ease was continued
III nnDnn1nI nE lhn illnn.s nE IlAu NJ Co