The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-03-07
FIVE YEARS on CHANGING.
Pope B. Hayird Found Guilty by Sa-
luda Jury-Scathing Lecture
Read.

sau1t and battery of a high and ag-
gravated nature this morning and was
sentenced to five years on the county
chaingang without any alternative OF
a fine.
In passing sentence Judge sease
delivered such lecture as has never
been heard in the court room at Sa-
luda, It was calmly done and the I'M
nression made will be lasting.
Hayird, who was convicted on the
charge of trying to ride down and
of otherwise matreating Miss Carrie
Mitchell, a young woman school teach
er of his community some 80 days ago
because she had whipped one of his
children in school, was told that be
might be sure his sons would sooner
or. later find him out and that the
heavy hand of the law would arrest
him in his wayward career.
stI 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 predominant.
Influenced by Passion.
"The testimony in this case shows
that you allowed your passions to be
aroused, that you took your shotgun
and your wife in your buggy and en-
deavored to ride down this young
1adv 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 to Wreak
vengeance upon those whom you
thought had wronged you. In pass
ing sentence I shall have to pass one
~ whose punishment will be commen-
surate with the charge. I can not
make the sentence a light one. 1t
must be severe. You have had as fair
and as impartial trial as could be
given any man. 1t is a notable fact
that out of the 2O-odd jurors sworn
in this case only one said he had
formed an opinion of your guilt
w
would not suspend any part of the
sentence the hope was held out to
Mr.. Havird that there would probably
be a chance for him at some time to
be paroled by the governor, stating
that he thought such provision in
the law a wise one as it would give
a man an opportunity to reform and
to make a better citizen. 81 shall en-
deavor to do what I can," said Judge
Sease, ito assist you in making a bet
ter citizen" This was said in con-
nection with the idea of an eventual
parole at the hands of the governor.
Barrett Jones, who defended Hav-
ird, was highly complimented by
Judge Sease for the manner in which
he had conducted the case.
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.
Court adjourned sine die today.
No Change of Venue.
Failing to obtain a change of venue
and the motion of defendants counsel
for a continuance Of the case beyond
this term of the court being over
ruled, the trial was begun yesterday
afternoon and when the court ad-
journed 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 Hav-
ird children reported that Miss Mitch
ell had whipped one of them that aft
ernoon.
True Bill.
Monday when the grand jury re-
turned true bill the attorney for the
defendant gave notice of a motion for
change of venue on the ground that
Kavird could not obtain a fair and
impartial trial in Saluda county. In
der the ruling Of the court the defense
was allowed until Wednesday morn
ing to make their showing. When
court convened yesterday morning
there was a packed court room and
throughout the day every available
space was occupied. There was no