The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-02-16

Judge. and before his elevation to the
court Of appeals. Jacob ?. Reed, an
able prosecuting officer, Was the Soll-
citor. The charge Of Judge 0 'Neall,
however, was much stronger against
the prisoner and had more Influence
: with the jury than even the very able
speech of the solicitor, as at that
time a presiding judge was permitted
to charge on fact, or on evidence, a.
we'll as on the law. (And ii might be
as we'll, or perhaps better. If former
prerogativeS were in vogue now.)
Judge O'Neall was thoroughly con-
vinced of the prisoner's guilt. and the
jury saw it, which doubtless MATER
iallv aided them in arriving at 4
quick agreement. returning as they
did. within less than half an hour
with the fatal verdict Of guilty OF
the crime as charged, the only eN-
piation Of which Was death on the
gallows. There we're 10 degrees or
Notifications in those days for the
crime Of negro stealing.
! Among other things i'll the course
of Judge O'Neall'S ; charge, he told
the jury. substantially: he himself
concc,liny the fact.
That. while there was really no pos
itivc prnot oL ;Arii against che priS-
oner. that ii WAS mainly circN'n>tan-
lial. unDroken .chain or circumstan:ial
evidence. Ill going to eSlahIiS: 4 facG.
Was oE.en;imes hcticr and safer than
even Swnrn evidence. as witnesses do
sometimes, and 100 often, swear false
!ly.
When the verdict Of the' jury was
announced. Mr.. Sullivan made motion
for new trial. which, being denied.
gave notice Of appeal and carried the
case to the appeal court. which body
sustained the action or'verdict Of ;lc
lower court, and the sentence Of death
was pronounced upon the defendant.
Mr.. Sullivan fought the case with his
characteristic energy and persistence.
and unless the writer's memory is al
fault, succeeded in getting it before
the appeal court more than once, but
with the same result. Yet he did
succeed in getting two respites for his
client. but upon what ground is not
remembered.
When all hope was abandoned, Kin
man set about trying to get his lib
erty by breaking jail. Some weeks
iibefore the day Of execution he man.
aged in some way to get a pocket
knife, a long key hole saw and a
rope. With. these tools he went to
work energetically, not being shack
eled, and came very near cutting his
way out; but, unfortunately for him,
the sheriff. who slept in the jail. was
awakened by the noise and thwarted
the attempt to escape. The prison.
er, it seems, had become over-confl-
dent and bold in his efforts. The sher-
iff (the late Oswald Richardson} stat
ed that kinman would have escaped
in two hours or less but for the timely
discovery on his part. 1t was sup
posed that the prisoners faithful
wife, who had been permitted to Wis
it him few weeks previously, had
conveyed the means of escape to the
prisoner cell, concealed in her cloth
ing. The prisoners effort to escape
was detected and defeated less than
week before the day Of execution.
On the day of the execution pc
culiarly strange, if not All analogous
and gruesome incident occurred. AS
Kinman was being CONVEYED from the
jail to the gallows, the writer was
! standing on the sidewalk in front Of a
store on ground now occupied by the
Peoples Loan and Exchange bank as
he passed. sitting on seat with the
driver of a two-lrorse wagon, his cof-
fin. which he was soon to fill. just in
rear of him. The negro for whom he
was soon to be hanged for stealing,
stood ON the same sidewalk, and not
ten steps from the writer, and seemed
to gaze with, gleeful satisfaction on
the doomed culprit.
1t was suspected that kinman was
associated with 9nd one Of a clan
whose business was to. steal both ne
groes and horses and run them off, the
headquarters Of which clan was just
across the line of Laurens in Green
vile district. But this was mere sus-
picion.
A moment before the death trap
was sprung, Kinman was asked by his