The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-03-27

""i' dI 'ndt time justly ranking as one
or the abIest In the State.
The case was tried before Indigo
Neal VINO was then circuit judge,
and before his elevation to the court
OF appeals. Jacob p. Reed. an able
prosecuting officer, was the solicitor
Inc charge Of Judge O'Neal, however
was much stronger against the pris-
oner and more influence with the iury
than the even very able speech of the
solicitor, as at that time a presiding
judge was permitted to charge on
fact, or on evidence, as we'll as
on the law (and it might as
well or perhaps better, if for
mer prerogative were in vogue now.)
Judge O'Neal was thoroughly con-
vinced of the prisoners guilt and the
jury saw it, which doubtless material
ly aided them in arriving at a 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 expiation
or which was death on the gallows.
There were no degrees of modifca-
tions in those days for the crime of
negro stealing.
Among other things in the course
Of Judge O'Neal's charge he told the
jury. substantially he himself conced-
ing the facts:
THAT while there was really no
positive proof of theft against the
prisoner--that it was mainly circum-
stantial, unbroken chain of circum-
stantial evidence all going to estab-
lish fact, was oftentimes better and
safer than even sworn evidence, as
witness will sometimes, and often
do, swear falsely"
When the verdict Of the jury was
announced Mr.. Sullivan made motion
for a 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 the
lower court and then sentence of
death was pronounced upon the de-
fendant. Mr.. Sullivan fought the case
with his characteristic energy and
persistence and unless the writer is
mistaken succeeded in getting it be-
fore 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,
Kinman set about trying to get his
liberty by breaking Jail. Some weeks
before the day Of execution he man.
aged in some way to get long key
hole saw and pocket-knife and a
rope. With these tools he went 70
work energetically, not being shack
led and came very near cutting his
way out; but unfortunately for him
the sheriff who slept in the Jail, was
awakened by the noise, late at night
and thwarted the attempt to escape
The prisoner it seems had become
over confident and bold in his efforts.
The sheriff (the late Oswald Richard
sony stated that Kinman would have
escaped in two hours, or less, but for
the timely discovery on his part. 1t
was supposed that the prisoners
faithful wife who had been permitted
to visit him few weeks previously,
had conveyed the means of escape to
the prisoner concealed in her cloth
ing. The prisoners effort to escape
was defeated less than week before
the day of execution.
On the day Of the execution a pc.
culary strange If not an anomalous
and gruesome incident occurred; as
Kinman was being conveyed from the
jail to the gallows the writer was
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