The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1909-05-27
WILL BE HUNG
Young White Man Who Killed
Officer Doomed to
Die ON THE GALL0WS

Judge DiluILler OScFFtucS d 4uoeioh
for New Trial and Passes Sem
tence of Death on Webb Simmons
for Numbering Marshal j. b. Nc
Adams.
Unless stay of sentence IS grant
ed pending an appeal to the supreme
court of the State, Webb Simmons,
the young white man who killed
United States Deputy Marshal ]. B.
McAdams at Anderson on February
20 last, will be hanged in the coun-
ty Jail yard in Anderson on Friday,
July %. Sentence was passed on
the ,prisoner Monday morning by
Judge DantZler after Attorney Dag
nail had completed strong argu-
ment for new trial. The motion
was overruled, and in the presence
of several hundred spectators Webb
Simmons was condemned to death.
The Simmons case went to the
jury at 3 o'clock Saturday afternoon
and near Saturday midnight ver-
dict of guilty without any recon-
mendation was made. At once Mr..
Dagnall gave notice of motion for
new trial, and Judge Dantzler an
nounced that he would remain in
Anderson until Monday morning, at
which time he would hear the mo-
tion argued.
Mr.. Dagnall presented a strong
plea to the court He said, among
other things, that, on account of his
own illness, he had not been able
to conduct the defense as it should
have been, but the court interrupt
ed him by saying that, in his opinion,
the case had been zealously and adj
mirably conducted and that the at
torney had looked well after the de-
fendant's interest at all times dur
ing the trial. Other reasons for
asking a new trial were stated as
follows:
That some of the jurors had ex-
pressed opinions as to Simmons guilt
before the trial; that Juror Davis
was over the constitutional age; that
the court failed to charge the jury
on the law as to self-defense; that
the jury had resented certain ques-
tions asked the sheriff by Mr.. Dag
nall, while the sheriff was on the
stand; that the case should not have
been tried at this term of court be-
cause of personal feeling against the
prisoner, and because Of the illness
of defendants mother, a material
witness.
Judge Dantzler considered sepa-
rately each reason assigned, after
which he formally denied the mo-
tion and proceeded to pass the for
NAL sentence of death.
Simmons accepted the verdict of
the jury and the sentence OF death
very unconcernedly and coolly.
When called upon by the clerk of
court to stand up to receive sentence
the prisoner stood motionless and
without a tremor. From appear
ance it did not seem that he was the
least bit annoyed or worried, but
on the contrary seemed to accept
the sentence as relief from court
proceedings. When asked if he had
anything to say why sentence should
not be passed on him, he clearly anu
loudly stated that he knew of none
that he had nothing TO say, and afte:
the court had announced the sen,
tence the prisoner made bow OF
acknowledgement and then quietly
sat down in the prisoner dock. He
was at onct handcuEed and carried
o the cHunty Jail by Constable Mar,
tin and Police Sergeant Sanders
He had lrcbing 70 s." while walk
ing to the Jail, except to stop ut a
fruit shop to purchase 4 dozen ba'
| nanas. This he did also late Sat
urday night, while returning to the
Jail after being carried to the cour!
house to receive the verdict of the
Jury. Upon arrival at the jail
after sentence had been passed Mon
day morning Simmons cheerfully sa-
luted one of the negro prisoners,
calling him by name and saying that
he had learned to say it. Evidently
the negro had been teasing Sim
mons about what the court would
have to say in passing sentence.
Attorney Dagnall will take the
case to the supreme court, so it is
understood, and if this be the case
it is highly probable that the execu-
ton will not take place in July.
The supreme court does not take up
the cases from this eircnit until
late in the fall or early in the win
ter, and unless special dispensation
+ is secured this appeal will have to
come up in regular order.
This will be Anderson's first le-
gal hanging in about nine years, the
victim then being a negro convict
ed Of assault on white woman of
that county.
Deserves Great Credit.