The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-11-15
SENIEEUi. FIVE YEARS.
Immediately Counsel for Prisoner
Files Notice Of Appeal and Sc
cures Release of Client.


was convicted here last night Of con-
spiracy to defraud the State. The
Judge had previously overruled mo-
ton by NJ. P. Howell, defendants
counsel, for a new trial. Immediately
on the announcement Of the verdict
counsel for Black gave notice Of an
appeal to the State supreme court and
pending this appeal Black was releas-
cd on $4,000 bond, which was fur
nished by friends in Colleton county.
The defendant, John Black, took the
sentence without a tremor. He ap-
peared in court this morning with
his attorney, NJ. P. Howell, Of Walter
boro, and throughout the proceedings
maintained a calm exterior and so far
as appearances went was calm
throughout the whole time.
Asks for Clemency,
! Before sentence was pronounced
Mr.. Howell made a statement to the
court IN behalf Of his client. Mc.
Howell said that Black was in a pecu-
liar and sad predicament. Black was
born and reared in Colleton county
and had served with distinction as
mayor Of Walterboro, he said. Black
now is broken in health and finances,
and at present has no property, de-
elared Mr.. Howell, as only short
lime ago necessity forced him to dis
pose Of his home in Columbia. He
has not recovered from an operation
performed some time ago and would
possibly never fully recover, said Mr..
Howell, as he asked the court to be
lenient and to give the alternative Of
reasonable fine.
The attorney general, Mr.. Lyon,
Stated to the court that he did not
consider it meet or proper as the rep
resentative of the State to indicate to
Ahe court what sentence should be
pronounced. He said that he did not
desire vindictive sentence and none
was more willing to See leniency ex-
tended. He only desired that such
punishment should be meted out so
that it would serve as warning to
others and deter them from like ex-
ample. The attorney general was de-
airous only that such punishment be
inflicted as would sound warning
1hat law and order must be observed.
Brought Shame on State.
Judge Moore then told Black to
stand up and before pronouncing SEN
tence made some remarks anent the
ease. He told the defendant that he
had been convicted by the jury of
conspiracy to defraud the State and
that the facts bore out the verdict be-
yond a reasonable doubt. The attor-
aey general had been fair and i'm
partial, and that the presiding judge
had been impartial in all his rulings
and the jury had given the case care
ful consideration and was honest in
its conclusions beyond shadow Of
doubt Judge Moore said that Black
was convicted Of a crime which had
brought such same and disgrace upon
South Carolina as had not been the
ease since 1876. The judge expressed
only the kindest Of feelings toward
abe defendant, but his duty, he said,
required that he impose such sentence
as would deter others from following
Blacks evil example and as would be
sufficient punishment for him. Per-
sonally he was inclined to be lenient,
but duty required that sufficient pun
3shment be meted out.
Fine Not Enough.
Judge Moore stated to the defend
ant that the fact, If it was a fact, that
others were guilty Of like examples
and had not been brought to punish
ment could not be considered in this
ease. Counsel for Black had request
ed the Judge to impose an alternative
6ne, but Judge Moore said that he did
not think he would be justified in Civ
ing the alternative Of a fine in such
a case for allowing the fine would in
effect be saying that one guilty of
such crime could escape the effect by
refunding part of the money gotten
fraudulently. The Judge seemed to be
Of the opinion that allowing a fine
would permit the prisoner to escape
the fullest consequences of his act
and that it was too serious an offense
to allow one to escape with fine.
The Judge went on to point out that
the object of sentencing to the penj-
tentiary would be an example to all
evil doors that the day will come when
ho~ 0f