The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1910-11-17
s YEARS SENTENCE
FOR John BLACK.
JUDGE 0VERRULES MOTION FOR NEW
TRIAL AND IMPOSES PRISON
PENALTY.
REFUSED ALTERNATIVE
OF FINE.
Immediately Counsel for Prisoner
Files Notice of Appeal and
Secures Release Of Client.
on $4,000 Bail
Given BY His
Friends


Given BY His
Friends.
Chester, Nov. 12.-Five years in
the penitentiary without labor was
the sentence pronounced this morn
ing by Judge Moore upon John
Black who was convicted here last
night of conspiracy to defraud the
State. The jude had previously
oVerruled motion by M. p How
ell, defendants counsel for a new
trial. Immediately on the announce
nent Of the verdict counsel for
Eiack gave notice of an appeal to
The State supreme court and pend
ing this appeal Black was released
Oh $4,000 bond, which was furnish
eG by friends in Colleton county.
The defendant, John Black, took
the sentence without Il tremor. He
appeared in court this morning with
his attorney, NJ. p. Howell, of Wal
tcrboro, and throughout the pro-
ceeding maintained a calm exterior
and so far as appearances went was
calm throughout the whole time.
Asks For Ciemency.
Before sentence was pronounced
Mr.. Howell made statement to the
court in behalf of his client. MIR.
Howell said that Black was in =
peculiar and sad predica ment. Black
was born and reared in Colleton
county and had served with distinc-
tion as mayor OF WATERFORD. he
said. Black now is broken in health
and finances, and ut present has no
property, declared Mr. Howell. as
only short time ago necessity
forced him to dispose of his home
III Columbia. He has not recovered
from an operation performed some
time ago and would possibly never
luIly recover, said Mr.. Howell as he
asked the court to be lenient and to
give the alternative of a reasonable
fine.
The attorney general, Mr.. Lyon.
seated to the court that be did not
consider 1t meet or proper as the
representative Of the State to indi-
case 10 the court what sentence
should be pronounced. He said that
ne dld not desire vindictatiVe
sentence and none was more willing
TO see leniency extended. He only
desired that such punishment
should be meted out SO that il
would serve as n warning TO others
and deter them from like example.
l he attorney general was desirous
only that such punishment be in
lllcted as would sound a warning
that law and order must be observ-
ed.
Brought Shame on State.
Judge Moore then told Black TO
stand up and before pronouncing
sentence made some remarks anent
the case. 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 beyond II reasonable
doubt. The attorney general had
been fair and impartial and that the
presiding judge had been impartial
IN all his rulings and the jury had
given the case careful consideration
and was honest in it's conclusion be-
yond shadow OF doubt. Judge
Moore said that Black was convicted
OF crime which had brought such
a shame and disgrace upon South
Carolina as had not been the case
since 1876. The judge expressed
only the kindest OF feelings toward
the defendant, but his duty he said,
required that he impose such SEN
tence as would deter others froE
Following Blacks evil example and
10 would be sufficient punishment
10: him. Personally he was inclin-
ed to be lenient but duty required
mat sufficient punishment be meted
out.
Fine Not Enough.
Judge Moore stated TO the defend
ait that the fact, if il was a fact.
that others were guilty of like ex-
dmpIes and had not been brought
20 punishment could not be consid-
cred In this case. Counsel for Black
had requested the judge to impose
an alternative fine, but Judge Moore
said that he did not think he would
be justified i: giving the alterna-
tive Of & flao H. such g. 4, 81. rar nj
lowing th> -. uv'i "a sgS /,
saying that the guilty ol such crime
could escape the effect by rafunding
part of the money gotten fraud
lently. The judge seemed to be of
the opinion that allowing fine
would permit the prisoner to escape
the FULLEST conse quences OF his
act and that 1t was too serious an
oi1ense to allow one to escape with
fine. The judge went on to point
out that the object of sentencing To
the penitentiary would be en- exam
pie to all evil doers that the day
VIII come when they will be brought
20 the bar of justice and made to
give an account of thGiF crime.
Appeal to Supreme Court.
Then followed the announcement
OF the sentence to the penitentiary
Ior five years without labor.
Blacks attorney Immediately gave
notice of an appeal 20 the supreme
court and Black was released on
$4,000 bond.
Mr. Lyon was the only State's
attorney present In the court tEis
morning, while of Blacks counsel