The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1910-11-17
BLACK GIVEN FIVE YEARS.
JUDGE REFUSES NEW TRIAL.
IMPOSES PRISON PENALTY.
Refuses to Permit Alternative of
Fine. Black Released on Bond
of $4,000.

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 Judge had previously overruled
motion by NJ. P. Howell, defend
ants counsel, for a new trial. I'M
mediately on the announcement of
the verdict counsel for Black gave
notice of an appeal to the State su-
preme court and pending this appeal
Black was released on $4,000 bond,
which was furnished by friends in
Colleton county.
The defendant, John Black, took
the sentence without a tremor. He
appeared 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 C1emency.
Before sentence was pronounced
Mr.. Howell made a statement to the
court in behalf of his client. Mr..
Howell said that Black was in a Pc
culiar and sad predicament. Black
was born and reared in Colleton
county and had served with distinc-
tion as mayor of Walterboro, he said.
Black now is broken in health and
finances, and at present has no prop
erty, declared Mr.: Howell, as only a
short time ago necessity forced him
to dispose of his home in Columbia.
He has not recovered from an opera
tion 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
representative of the State to indl-
cate. to the court what sentence
should be pronounced. He said
that he did not desire a vindictive
sentence and none was more willing
to see leniency extended. He only
desired that such punishment should
be meted out 50 that it would serve
as a warning to others and deter
them from like example. The at
torney general was desirous only that
such punishment be inflicted. as
would sound a warning that law and
order must be observed.
Brought Shame on State.
Judge Moore then told Black to
stand up and before prononuncing
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 a reasonable doubt. The at
torney 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
full 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 shame and disgrace
upon South Carolina as had not been
the case since 1875. The judge ex-
pressed only the kindest Of feelings
toward the 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. Personally he was inclined to
be lenient but duty required that
sufficient punishment be meted out.
. Judge Moore stated to the defend
ant that the fact, if it was fact, that
others were guilty of like examples
and had not been brought to punish
ment could. not be considered in this
case. Counsel for Black had request
ed the judge to impose an alternative
fine, but Judge Moore said that he
did not think he would be justified in
giving 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 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 peni-
tentiary would be an example to all