The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-05-28
SIMMONS SENTENCED TO DIE.
July % Fixed as Day on Winch
White Man, Who Killed Deputy
McAdams, Must Hang.


of sentence is granted pending an ap-
peal to the supreme court, Webb SIM
mons. the young white man who Kill
ed United States Deputy Marshal
McAdams on February 20 last, will
be hanged in the county jail yard
here on Friday, July %. Sentence
was passed on the prisoner this morn
ing by Judge Dantzler, after Attor-
ney Dagnall had completed a strong
argument for a new trial. The motion
was overruled, and in the presence OF
several hundred spectators, Simmons
was condemned to death.
The Simmons case went to the jury
at 5 o'clock Saturday afternoon, and
near Saturday midnight a verdict OF
guilty without any recommendation
was made. At once Mr.. Dagnall gave
notice Of a motion for a new trial,
and Judge Dantzler remained in An
derson until this morning to hear the
motion argued. Mr.. Dagnall present
ed 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 defence as 1t
should have been, but the court inter
rupted him by saying that, in his op-
inion, the case had been zealously and
admirably conducted, and that the at
torney had looked well after the de-
fendant's interest at all times during
the trial. Cher reasons for asking
a new trial were stated as follows:
That some Of the jurors had express
ed opinions as to Simmons guilt be-
for the trial; that Juror Davis was
over the constitutional age; that the
court failed to charge the jury on the
law as to self-defenee; that the jury
had resented certain questions asked
the sheriff by Mr.. Dagnall; while the
sheriff was on the stand; that the case
should not have been tried at this
term Of court because Of personal
feeling against the prisoner, and be-
cause of the illness Of defendants
mother, material witness.
Judge Dantzler considered separate
lv each reason assigned, after which
he formally denied the motion and
proceeded to pass the formal sentence
Of death. Simmons accepted tine
verdict of the jury and the sentence
of death very unconeernedly and cool
". When called upon by the clerk
of court to stand up to receive SEN
tence, the prisoner stood motlonless
and without a, tremor. From his ap-
pearanee, 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 pro-
ceedines. When asked if he had any
thing to say why sentence should not
be passed on him, he clearly and loud
Nv stated that he knew OF none, that
he had nothing to say, and after the
court had announced the sentence, the
prisoner made a graceful bow OF ae-
knowledeement and then quietly sat
down in the prisoners dock. He was
at once ,nandcuffed and carried to the
county jail by Constable Martin and
Police Sergt. Sanders. He had moth
inc to say while walking to the jail
except to stop at {. fruit shop to pur-
chase a dozen bananas. This he did
also late Saturday night, while return
inc to the court house to receive
the verdict Of the jury.
Upon arrival at the jail, after SEN
fence had been passed this morning,
Simmons saluted cheerfully one OF
the negro prisoners, calling him by
name and saying that he had learned
TO say it. Evidently the negro had
been teasing Simmons about what the
court would have to say in passing
sentence.
Attorney Dagnall will take the case
TO thu supreme court, it is understood,
and. if so. it is highly probably that
the execution will not be held in July.
The supreme court does not take up
the cases from this circuit until late
in the fall Or early in the winter, and,
then unless special dispensation Is
secured. this appeal will nave to come
up in regular order. This will be An,
derson:s first legal hanging IN about y
wears, the victim then being a negro
convicted Of assault on a white Wo-
man Of this county.