The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1910-03-23
ANDERSON MUST PAY
THE DEATH PENALTY
Judgment of Circuit Court
Is Affirmed.
WILL BE RESENTENCED
Condemned Negro Was Convicted a
Year Ago for the Murder
of Josh Carter.


the governor after new day has been
named for his execution, John Henry
Anderson will have to pay the death
penalty for the murder of old man
Josh Carter, his father-in-law, whom
he shot and killed at Cedar Grove
church, near Waterloo, September /,
1908.
The supreme court last week hand
ed down decision affirming the judg-
ment of the lower court, thus remand
ing the case for the setting Of another
date for the hanging. AS the remittitur
was not received by the clerk Of court
In time for Judge DantZler to resent
ence Anderson at the session of the
court held last week, the matter will
go over to the June term.
Anderson has eeen informer of the
courts decision, but he seems to be
unable to understand it and still CON
tends that he has been pardoned by
the governor. "Dey ken hang me, |
can't hep myself; but | done been
pardon by de guvner an If he's word
is no good, If he do not rule dis state.
den he better glib up de Job" The
foregoing may be taken as showing
the mental condition of the condemned
negro as he expressed himself to a
reporter Of The Advertiser who Wis
tied Anderson at his cell on Wednes-
day He gives no evidence of regret
for the commission of the crime, but
on the other hand he declares that he
would do the same thing again under
the same circumstances, and that any
other person would have killed old
Josh. Anderson says "as near as he
can get at IT. he is Al. He has been in
Jail about 8 months and has made a
very good prisoner.
This case has attracted considerable
attention, for it presents some unusual
circumstances. The killing of Carter
occurred at Cedar Grove church while
the funeral of one Of Andercon's child
ren was being held. There had been
trouble between the two, and il was
said that Josh had on one occasion
shot at his son-in-law. For a long
time Anderson had not been allowed
to come to the old mans house. even
after his children who were living with
Josh fell sick with fever. Two of
them died within a week of each other
and 1t was at the burial of the second
that Carter was slain by Anderson
AT the March 1909 term of court for
this county, Andersons case came IN
1or trial. He had no attorney, where
upon the court appointed Messrs H.
s. Blackwell and W. r. Richey. Jr.
to conduct his defense After his con-
Viction the young attorneys without
pay or hope Of reward, appealed the
case TO the supreme court, and thus
the matter has stood until last week
In the consideration of this case
there arose some interesting legal
questions before the supreme court
touchlhg the matter of the Judges
power as to testimony and the respon-
sibility of the trial judge.
The court, opinion by ID. E. Hyd-
rick, A. j., says:
The exceptions impute error to the
circuit judge: 1. In not leaving the ex-
animation Of witnesses wholly to the
attorneys. 2. In charging that the only
form OF justifiable homicide known TO
our law is where the sheriff executes n
man pursuant to the mandate of a court
OF competent jurisdiction. 8. In re-
fusing to charge the law of self-de-
fence. 4. In refusing motion for a
new trial on the minutes, because It
appeared that defendant was not re-
sponsible for his acts. 5. In refusing
n motion for new trial on after-dis-
covered evidence. 6. In sentencing ap-
pellant to be publicly executed.
I'm support of the first ground, ap-
pellant relies upon the cases of the
state VS.. Atkinson, 33 S. c., 100, and
Wilson VS.. Bailway, So s. c., 527.
"In the former, the report of the case
shows that the trial judge practically
took the cross examination of some of
the witnesses from the solicitor. and
showed clearly, by the questions he
asked, his opinion as to the weight to
be given to the testimony. In passing
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