The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1911-01-19
JONES GETS TEN YEARS
JUDGE MEMM|NGER COAGRATULATES HIM
ON LIGHT PENALTY.
may APPEAL THE CASE.
Jones States in Court that He Did
Not Know that He Would Take
Case Further.
Special to The State.

Not Know that He Would Take
Case Further.
Special to The State.
Orangeburg, Jan. 14.-John ].
Jones was sentenced to-day at 2:15
p. m. by Judge Memminger to serve
ten years and one month in the
State penitentiary at such hard la
bar as he may be able to perform,
fcS the killing of Abe Pearlstine at
Branchyille on December Is. The
court room was crowded when the
sentence was passed.
This morning counsel were heard
in arguments before Judge Mem
Aminger for n new trial in the case.
iOol. D. o. Herbert and William c.
Wolfe argued in favor of the mo-
ton and tried to show why a new
trial should be granted. The main
point argued for the new trial was
centered on the incompetency of "A
Juror, A. E. Rutland. 1t was ar
gued that this juror was past the
age limit of jurors in this State and
was not properly registered, there
by being misqualified as a juror. 1t
was stated that Mr.. Rutland resid-
led in Liberty township of this coun-
ty and was registered i'm Willow
township. Judge Memminger, in
reply to this point, offered by the
counsel for Jones, said that the
juror, if pass the age limit of jur-
orr, should have been objected to
when presented, and that it had
not been proved to him that the
juror was not properly registered.
The counsel for Jones were asked
by Judge Memminger If they desir-
y ed to argue any other point in re-
gard to obtaining a new trial, which
received negative reply. Solicitor
p. T. Hildebrand and T. NJ. Ray
sor opposed the motion for new
trial
Prisoner Stands Up.
Judge Memminger commanded
John J. Jones to stand up and re-
ceiye the sentence Of the court. The
Judge said he did not intend lectur-
ing him, but would make few re-
marks. He said 1t was the first
time he ever had to sentence a
member OF the South Carolina bar,
but that he gave Jones a fair and
impartial trial. Jones replied at
this stage Of the talk: Il will never
Forget you, judge. for the oportun-
tty you gave me to clear myself be
fore the people of the State of
South Carolina concerning that
oh s,l
he thought Jones would fight the
law in the matter OF appealing to
the supreme court, but Jones re-
Piled that he didn't know that he
would do that.
Congratulated Him.
Judge Memminger said that the
case was close to the border line of
murder and manslaughter. He told
Jones that his plea of self-defense
tailed on lack of necessity and that
he made a fortunate escape when
he was convicted OF manslaughter.
He said that he would have to de-
Ger others, through Jones punish.
ment, from going around with pis-
tolls and shooting people. He said
that Jones evidently had enemies at
"A Branchville and the thing he should
have done, as there were two
things for him to do-he should
have gone to another community or
have fought the matter out in law,
ard not go around armed to fight
it, out with physical force and vio-
ience. That was certainly wrong.
The Sentence.
"The sentence of the COURT said
Judge Memminger. lis that you,
John ]. Jones, be confined to the
State penitentiary for period of
ten years and one month at such
hard labor as you may be able to
= pe"form.'' The judge stated, how
ever, that in the latter years, if liv-
ing, he might recommend to the
governor clemency in this case and
ask that the sentence be committed
IN some extent
The sentence of the Judge made
It impossible for the counsel for
\ Jones to abtain bail for their client
before him or any other one Judge,
and they will have to appear be
fore the four supreme court JUS
%ices and obtain their consent be-
pre- bail will be granted. Although
J>s has not been announced by coun-
sci for the defense, it is very prob
able that an appeal will be taken to
the supreme court. Arrangements
iii be made to obtain bail as soon