The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-03-09
GIVEN FIVE YEARS ON GANG
POPE B. HAVIRD FOUND GUILTY
BY SALUDA JURY.
Jadge Sease in Pronouncing Sentence
Told Havird Things He Will
Not Soon Forget.

Not Soon Forget.
Saluda, March Pope B. Havird
was found guilty on the charge of as
sault and battery of a high and ag-
gravated nature this morning and
was sentenced to five years on the
county chaingang without any alter
native of a fine.
In passing sentence Judge Sease
delivered such a lecture as has never
been heard in the court room at Sa-
luda. It was calmly done and the i'm
preston made will be lasting.
Hayird, who was convicted on the
charge of trying to ride down and
OF otherwise maltreating Miss Carrie
Mitchell, a young woman school
teacher of his community some 80
days ago because she had whipped
one of his children in school, was told
that he might be sure his sins would
sooner or later find him out and that
the heavy hand of the law would ar
rest him in his wayward career.
81 do not believe" said Judge
Sease, that all is good in any man
nor do I believe that all is bad in
any man. Many, however, succeed in
exalting the good and suppressing
the bad. Some allow the bad to pre-
dominate.
Influenced by Passion.
"The testimony in this case shows
that you allowed your passion to be
aroused, that you took your shotgun
and your wife in your buggy and en-
deavored to ride down this young
lady because she had corrected one
OF your children in school. Other
matters which have come out in this
court room show that you have been
accustomed to try to take the law
into your own hands and wreak
vengeance upon those whom you
thought had wronged you. In pass
ing sentence 1 shall have to pass one
whose punishment will be commen-
surate with the charge. can not
make the sentence a light one. It
must be severe. You have had as
fair and as impartial trial as could
be given any man. It is notable
fact that out of the 20-odd jurors
sworn only one said he had formed
an opinion of your guilt
Judge Sease stated that while he
would not suspend any part of the
sentence the hope was held out to
Mr.. Havird that there would prob
ably be g. chance for him at some
time to be paroled by the governor,
stating that he thought such pro-
vision in the law, wise one as it
would give man an opportunity to
reform and to make better citizen.
81 shall endeavor to do what can,''
said Judge Sease, Ito assist you in
making a better citizen" This was
said in connection with the idea of
an eventual parole at the hands of.
the governor.
The motion for a new trial was
overruled. Notice of intention to ap-
peal was given and bail was allowed
in the sum of $4,000. Bond has not
yet been made.
No Change of Venue.
Failing to obtain a change of
venue and the motion Of defendants
counsel for continuance of the case
beyond this term of the court being
overruled, the trial was begun yes
terday afternoon and when the court
adjourned last night practically all
the testimony was in.
{ Havird, it will be recalled, as pub
1ished in the daily press at the time,
was arrested the latter part of jan
uary past charged with overtaking
Miss Carrie Mitchell, the young lady
school teacher in the community,
and endeavoring to drive his mule
over her and cursing her because
the Havird children reported that
Miss Mitchell had whipped one of
them that afternoon.
True Bill.
Monday when the grand jury re-
turned a true bill the attorney for
the defendant gave notice of a mo-
tion for change of venue on the
ground that Havird could not OBJ
tain fair and impartial trial in Sa-
luda county. Under the ruling of the
court the defense was allowed until
Wednesday morning to make their