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

gave their recollection Of The affair.
Mr.. Rlease said: II wish to say
that I represent Mr.. B. ". Goodwin
as his sole counsel in this case. and
that at the time this waiver of ar
ralgnncn: was procured II was pro-
cured by fraud and by deception and
mlSleadin" statements. When the
motion for continuance was made
and counsel for the state demanded
that B. ". Goodwin be arraigned, the
judge then presiding started to make
the arrais .lment. Something was
said about the waiver of the three
days. I stated distinctly and posi-
lively that if the counsel would agree
to continuance Of the case until the
next term of the court. which is now,
that I would have Mr.. Goodwin to
waive his arrai @nment. 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 solici-
tor came back to my desk and told
me they had agreed to the continu-
ance. Upon that condition I had Mr..
Goodwin to sign the waiver, as I con-
sidered 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 consultation.
They came out at that time and stated
the case would not be continued, aid
I Immediately, having been deceived
and misled, got up anaS moved to
strike that waiver from that indict-
Ement. That is the truth. That is the
way I understood it, and if it had not
been for that understanding, I would
not, under any circumstances or con-
ditions, have allowed taat man to
have made that waiver'
Solicitor Cooper said: ~ wish to
state that my recollection Of every
thing that happened in this matter is
not entirely clear. But on Monday
morning this case was called up. We
asked for an arraignment. We knew
that when the defendant was arraign-
er ne would be entitled to three days,
and there was considerable negotia-
ton, but I am certain that We never
agreed on Monday to any continu-
ance, because there was no contlnu-
aace granted, and it was fixed that
day for Wednesday, tentatively, or
something of that kind. I don't re-
member now when that waiver was
signed, but do know that I insist al
ways on arraignment; or absolute and
unconditional waiver Of it. I don't
remember what time the waiver was
signed. I know T wrote it out and
took it over to the desk and Mr.: Good
win signed it and the clerk of court
witnessed it. As for intending to mis-
lead any man, that is absolutely false.
| have never made statement to any
man with any intent to mislead aim. l
don't remember what all the negotia-
tons were-there was considerable
negotiation, but I never made any
| statement any time intending to mis-
lead him, and I always insisted upon
an arraignment in this case, or an
absolute waiver.'
Mr.. B}ease: "You don't deny that
whether You intended it or not, you
did mislead me?'
The Solicitor: "I can't say about
that-I say with any intent. You
might have misunderstood me. -
Mr.. Blease: "I don't charge any,
thing dishonorable to any man IN this
case; but 1 say I was misled."
The Solicitor: ~ can't say how
you understood it, I can't say how
you took it, but I know I didn't in
tend to mislead anybody, but my pur-
pose always was to get rid OF these
three days; that is why I insisted up
on that arraignment on Monday
morning."
The court decided that as there
seemed to be some misunderstanding
he would grant the three days. Where
legal right of the defendant was IN
volved, he said, he did not like to de-
prive him of it if there had been a
misunderstanding.
The case was then fixed for trial
Saturday morning.
It will he recalled that at the last