The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1907-11-13
THE CASE
I'm COURT
Col. Blesse, DEFENDANTS Counsel, and
Solicitor Cooper Make Some Inter.
esting Statements.

esting Statements.
The following account of a Newberry
Court proceeding in the case of the
State vs.. b. W. Goodwin charged with
the murder of his neighbor, Mr.. Lea
veil sometime last year, is taken. from
the Newberry Herald and News of last
Friday:
Solicitor Cooper an2houncud ready for
trial in the Ease on Wednesday morn
ing. Goodwin was arraigned and
claimed the three days allowed by law
granted those charged with capital Of
fences after arraignment. The sclici-
tor introduced an agreement 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 a 8 al that term, but
the consent being later withdrawn, and
the defendant having been forced to
put himself within the rules of court
on his motion for a continuance, the
agreement had been vitiated. The So
licitor said that his recollection was
that the agreement was unconditional,
and he contended that it showed on it's
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
al ar~raign.rent, the consent was signed
because Goodwin's attorney did not
want his client to have to go to Jail un-
til the court was over or the trial had,
and if he was not tried, be put to the
trouble of securing new bond.
Upon a true bill found by a grand
jury in a felony case a defendant must
be arraigned before he is brought to
trial, and upon arrangement the de,
fendant's plea is entered. In capital
cases the defendant, after arrangement,
is entitled to a certified copy of the in
dictment and three days in which tc
prepare his defense. He may claim
these three days or enter his plea and
go to trial Immediately. as he sees fit,
On the back of the true bill founc
against Goodwin appears the following
agreement, made at the last term oil
court, Special Judge F. Barron Grier,
Of Greenwood, presiding: 81, B. w,
Goodwin, hereby waive my right to 6
copy of the within Indictment, and also
my right to three days within which tt
20 to trial from the arrangement. B,
w. Goodwin. Witness: John G. Cog
gans. June 10, 1907"
In felony cases a defendants bono
only holds good until arraignment. I'm
mediately upon arrangement the bonds.
men are relieved, and the defendant is
placed in the custody of the sheriff. Il
his case should not come up at thai
term, he may give a new bond for hi:
appearance at the next term.
At each term of the court the so
licitor usually calls up the capital cases
on the first day of the session, to have
the defendants arraigned, in order that
if they should clam the three days
the cases could be taken up on the fol
lowing Thursday. If he should wait
until later in the week, and the three
days were claimed, it would possibly
carry the case beyond the term. II
order not to be placed in the custody Of
the sheriff on the first day of the term,
or until his case is called up, a defend.
ant may waive his three days time.
The agreement on the back of the
true bill in the Goodwin case was the
bone of contention on Wednesday
morning, Mr.. Blease claiming that the
State had gone back on its agreement
to continue the case, and forced the de.
PENDANT to make the motion for a con.
tinuance, and the solicitor contendine
tional.
The stenographer's record was called
into court, and both Mr.. Blease and So.
licitor Cooper took the stand and gave
their recollection of the affair.
Mr.. Blease said: II wish to say that
represent Mr.. B. w. Goodwin as his
sole counsel in this case, and that al
the time this waiver of arraignment
was procured it was procured by fraut
and by deception and misleading state.
ments. When the motion for q con
%tinuance was made, and counsel for the
State demanded that B. w. Goodwin
be arraigned, the judge then presiding
started to make the arrangement.
Something was said about the waiver
Of the three days. / stated distinctly
and positively that if the couns ell would
agree to a continuance Of the case un-
til the next term Of the court, which is
now, that | would have Mr.. Goodwin
to waive his arraignment, the three
days notice and the demand for a COPY
Of the Indictment. The counsel went
into that room on the left hand side of
this court house. The solicitor came
back to my desk and told me they had
agreed to the continuance. Upon that
condition / had Mr.. Goodwin to sign
h waiver, as | considered the case
would be 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 con
sultation. They came out at that time
and stated the case would not be con-
tinued, and Immediately, having been
deceived and misled, got up and moved