The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-12-29
REASONS PARDONING HUNTER.
Blease Explains Action in Laurens
Murder Case-GOyernor Goes
Into Details.

The reasons moving Governor
Blease to pardon G. Wash Hunter, and
which have been placed in the papers
in the case and, therefore, part OF
the public record of the Office Will be
of general interest. Governor Blease
will transmit these reasons to the leg
islature along with those in each case
in which he has exercised executive
clemency. The reasons follow:
Hunter, G. Wash, (white.)
Convicted of manslaughter at the
November, 1908, term of court for
Greenwood county, and sentenced to
eight years Imprisonment in the State
penitentiary.
"The defendant was charged with
murder for the killing of one Elbert
F. Copeland, in the county OF Laurens;
was tried, found guilty of manslaugh-
ter and the verdict set aside promptly
and Immediately. He was afterwards
tried three times in the same county,
and soon after the mistrial was order
ed. a motion was made to change the
venue. which was heard by the same
indee who had ordered the nlstrlai
and forced the defendant to trial; was
argued during the session Of the civil
court at Laurens and the change or
venue was granted, which, in my
opinion, was one of the greatest traV-
estes on justice, because OF the wealth
and influence of the deceased, that has
ever been perpetrated in this State.
Taken to Greenwood.
"The case was transferred to the
county of Greenwood, in preference to
any other county in the circuit, not
withstanding Greenwood's well-knoWn
prejudice in regard to drinking whls-
key and gambling, which to my GER
tain knowledge, among some of the
citizens, is hypocritical, yet it had its
weight in this case. The case was
brought to trial in that county. The
relatives of the deceased, with their
wealth and influence, employed, as
their counsel in that county, a man
who it was publicly stated could make
a. jury of Greenwood county do any
thing that he told them to do. A YER
dict of manslaughter was the result
The case was appealed to the supreme
court and, in both courts, in my hum
BILE opinion, the defendant was given
raw deal and his case was not given
that consideration which should have
been given by these courts.
"In delivering the opinion of the
State supreme court, and beg you to
very carefully observe the words quot
ed here, Nh. Justice Woods said:
"sThe contention that the judgment
should be reversed because the record
does not show that the grand jury
had found a. true bill, requires no fur
ther notice than to say that no sucf
position was taken in the circuit court,
and, therefore, can not be considered
on appeal 63 S. E. Rep, page 6S6.
"That opinion was delivered Febru-
ary %, 1909. July 1s, 1909, the same
Judge, writing the opinion in the case
of the State against Lazarus, said:
In Lazarus Case.
"sUnder this exception to the rule,
it must be held that where the law re-
quires the presentment of the grand
jury as a condition precedent to the
trial Of the crime, the grand jury is the
constituent part of the court, and With
out it's presentment the court has no
jurisdiction of the cause; hence, an
appellate court will declare void e
conviction obtained in such cases
without the presentment of the grand
jury for lack of jurisdiction of the
subject matter in the trial courts. 4.
In such cases this very lack of juris-
diction, in the trial court, will declare
the conviction of no effect even where
the point is not made in the trial
courts
''Now, by reading the two decisions
of this very distinguished, conscien-
tious and Christian Judge, you will see
that in the Hunter case be says re
quires no further notice than to say
that no such position was taken in
the circuit courts
''In the Lazarus case he says, will
declare the conviction of no effect,
even where the point is not made in