The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-10-05


morning, ! cannot see but one course
to pursue, and that Is mlstrlal OF
this case will have to be ordered. l
do not think the matters which have
been brought out show that there has
been any corruption among you, but
there has been serious mdlScretlon'
and the mdlscretlon Is such that II a
verdict Of guilty were rendered III lhe
case: under the authorlueS. the de-
tcndaht would De entitled [" Il le"
trial | nave to look af D"th sides u
a case. an| must ;""N from l"r
standpoint OF the State IL well a ;ha'
Of the defendant. 1t allow lhe case
to 90 I" You with these matters De
fore me. as have been Drought ou'' 'Ae
State would nave i" rcorcsS NIl''>o-
ever II You md ! Nerdlct "L hol gull
~. The only thing see I" 10 Is 10
ol'rr a mlSirlal "1 lhr case.
II am cXtremrl y sorry 1Hat this
thing should have happened. that You
should have been guilty Of this indi>-
cre1ion. Every precaution was taken
to see thai YOU should be surrounded
and protected from outside influences
and that YOU should have every pos
sible comfort while in attendance on
this case. 1t appears from what most
Of YOU have said that You fully real
izc that rou ought not to be reading
4 newspaper III the jury room per-
tanning to the case, and il Nou had 4
proper realization Of your esponSl5ll~
ity. as YOU ought to have, as soon as
it was brought to the attention OF
any Of The jury that a newspaper was
IN there It should nave Oeen rePofleo
at once 10 the Snerlh; 'nat Nouio nave
given encouragement 10 the OeIleL InaI
You dId realize the responsibility
which Is upon you as jurors out none
OF You dld that; the FOREMAN olu Ao'
communicate II 10 me. IL IS ON! Oh
account OF the incident "hlch occur
red last nlgh': winch L DOUBT II II De
any more tnah al lholscrellon on Tue
part OF the juror ana Oh tne part u
the Young man VINO nao the COIN eiS"-
I!oH Win n1n'' ou' tnF'I III GULL
tloH WIN Ine o'nei ln"' 'ei' 'So"' ""'
ing hao access 10 nc" "Sp"pel ana
readlh@ the newspaper III H"''l looln'
and Notwithstanding 'ne Strlc' Suaro
kept over Iou' theSe conlolll"l1ols
would teno 10 cast susplcloll OH any
verdict You might fenoer' ana IT
would no; be SATISFACTORY 10 ANYBODY
to have Verdlct from the jury Wnell
these sort OF 'hlngS nave napPeneo'
''Now. as to what | shall DO to you.
this is matter. gentlemen. that l
Will have to decide. 1t Is a RESPONSE
bllltH cast upon me. l nave no heSl-
fancy III knowing what to do with re-
spect to the man who communicated
to the juror. and | shall hold him and
put punishment upon him tor con-
tempt OF this Court, and as TO the Ju-
ror who allowed himself 10 De CON-
muncated with. who actually dld not
resent the communication from lhe
outside. but actually cOndoned llial
communication by Immediately Seno-
ing out communication to the Dali
lift: which was brought TO me- ASKING
that the man be put on Dohd lhsteao
OF reSenilng that communications III
reference OF conversation with any
body from the outside. which undou01-
edly subjects The juror 10 serious
criticism. AS 10 that juror l WILL aSA
HIM to remain IN the CUSTODY OF lne
Court. Will make up my nina laler
in the day the proper course to De
pursued. with reference to him. AS
to the other jurors. | am going to dis
! Il, ooot lam III TO