The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-02-05
JUICE KLUGH DECLINES TO
GRANT NEW TRIALS.
LINDSAY AND SIMS SENTENCED
TO FIFTEEN YEARS IN THE
PENITENTIARY.
Declared the Jury lad Done On1y its
Duty in Finding Defendants Guilty
of -MausIaughter, Especially for
the Killing Of Noon.

Greenvllle News.
This case very narrowly escaped, II 1t es-
capped being q cold blooLed assassination.
The defer dants, in my mind had no provoca-
ton for doing what they did and The jury is
to be commended for bringing verdict
against them. do not thiuk that there was
any doubt in the minds OF the jurors rs TO the
guilt of the prisoners; the only hesitation
was as 10 whether they we're guilty. OF muir
der or manslaughter. This Is very untor-
tunate case and am inclined 10 believe that
II originated over that horrible trattic-the IL
licit dealing In liquor" These were the
words OF Judge Klush yesterday In announc-
ing that he could not grant a new trial in the
case Of Thomas r. Lindsay and Columbus
Sims, who were convicted on Saturday OF
manslaugh hter, having been tried for the
murder OF Jas. X. Moon. turning towards
the prisoners the judge then sald-"1t is,
therefore, the sentebc CO Of this court that each
OF you be confined at hard labor in the state
peniten tisry for a term OF fifteen years"
The words OF Judge klugh Tell with so:em n
effect upon the prisoners. For them II means
practically the same az life imprisonment for
10th have passed the prime OF life and when
their sen tences are ended will be old men.
They received their sentence without Quiv-
er and apparently resigned to their fate.
Later Sims appeared to be deeply affected.
MIR. Alvin H. Deau, attorney for the prison.
ers, made a bard fight for new trial. He
claimed that the evidence was not sufficient
TO warrant the conviction OF Columbus Sims;
that the evidence did not show that he hHu
fred the fatal shot He also claimed that
the evidence proved that Lindsay shot in self
defense. A third ground upon which be-
asked for another hearing was that Sims was
ab, ent for few minutes from the court room
while the case was oeIug tried. He made an
able argument for another hearing Tor the
men.
Judge Klugh said that he was convinced
that the trial was fair one and that he did
not care to reverse ] h the deeision e, OF Twelve
He said that twelve men could come nearer
deciding a case fairly than could one and for
that reason the verdict would have to stand.
He deplored the killing and said that the con-
viction OF the men should serve as warning.
He said some words about the illiclt liquor
traffic and said that he thought that this case
origin ted from It.
Judge Klugh also refused the motion for a
new trial In the case of Wilkes Swilling, con-
vlcted of manslaughter. He sentenced him
TO serve term OF aeVen years In the state
penitentiary. Mr.. Dean, attorney fer swil-
ling has served notice OF an appeal to the su.
preme court in this case also and Swillpg
has beeh released on oaibin the sum OF 81, 500
pen"ing the decision uf the supreme court.
Swilling was tried for the murder OF John
Pearson
Lomss Young, coored. was found guilty Of
assault and battery win intent to Kill on
Thursday and Mr.. Welborn, his attorney =.
yesterday made a motion Tor q new trial.
which was refused. The Judge sentenced
him 10 term OF five years in the peniienti-
ary.
The Court OF zen erhl sessions Will ADJOURN
today. A great deal has been accomp plished
In the two weeks despite tie unavoidable dt-
rays. This has been very successful court
In the number of convictit ns, there having
been a very few acQuittals curing the term.
Solicitor Boggs stated yesterday that he was
we'll pleased with the results OF the Two weeks
work. While the uocket has not been cleared
by great deal l. swift progres has been made.
A large number OF cases will go over 10 the
next term.
Judge Kiugh will hear a number OF equity
matters today and one jury case will proba-
bly, be tried.