The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-01-17
!. GET 5 LONG lTERMl
zsSsg1Ssi SIS SENT IJlI,s OH TEN


GagEs sssl / 1s sBNT g FOR TEN TEN
BARS AND { ONE ) sElll MONTE fl
oase may 8 4! APPEALED Son rl;.'l''s the
Grouad one sof shet 5Eh yarors
Was Dis ualitied.
AS stated in our last Issue John: 11'
Jones was convict ted sof manslaughb:= ,slts
q Ter m about nine esclock e Friday night
Tor the Killing Of Abe Pearlsttne at
sanchYille on Decent ler4 Is last;
The Jury was out less than one hour
len they 4brough I'm their verdict
d There were quite q. numb BET, of peo--
ple ii. the court tah ouse when the YER
siics was rend cred 81 Immedls tely az
4 asr the verdict was sndered the
court adj djo,Irned to ten o'clcck Sat.
u:day morning. l;{{ys3 a s;s:s!,:; g q;
After sdisposing of one cease, Judge
-aaaemmingec sentenced j. j. Jones to
serve ten years and one month In the
State penitentiary at such hard labor
s4sas no may: be able 4 to perform for
fthe killing $3s OF Abe Pear lsttne Z at
:BranchTille on December Is. The
court room was crowd I'd When the
{ sent tenceswas passed. D. The very best
order preYaile 81 E5;s; 5E3;
Before sentence was passed, the
counsel for ones were heard on a
$smotion for a new trial 2by Judge:
EMemminger. Col d. o. Herbert; and.
william C.s olfs Il argued sain favor;
ssof the motion and ndeaYored to-
4 show why a new trial should sbe.
granted. The main point argued for
4 the new trial 3S3was centered on the
f1incomp petency of a Juror, "a. 3. Rut-
land. 1t was rgued that this juror
was past the age limit OF Jurors in
This State and was not properly reg
i iisaered; thereby being DISC ualified as,
: "a Juror: 1t. was stated that Mr.. Rut-
/ land resided In Liberty township Of
& this county and was. registered in
E!Willow township. sss
Judge Memminger5 in reply to this
point, offered By s the counsel for
Jones, said that the juror, IL pass the
s7age limit OF jurors, should have been
objected to when presented and that
1T had not. been proved to! him that
! the Juror was not properly regis.
l2sfered This argument was overruled.:
The counsel for Jones were asked
s5Tby: Judge Memminger If they desired
Ito argue any other point in regard to
nbtaining a; new tria1, which received;
IA negative reply "a. Solicitor ?. T..
Hildebrand and T. NJ. Raysor op-
posed the motion for. IA new trial. rs: .5:
Judge Memminge commanded
John j. Jones to stand up and re-;
yEsiye' the sentence OF the court. The
& Judge said he did not intend lectur--
slng MIN, but ltssRonld make q few re-;
1 marks He said 1T was the first time
$s:he ever >had3to sentence q member Of
the South Carolina bar, but that he,
gavelJ Joness a fair ard imp trial.
Jones replied at this stage Of the
B judges tail will never forgetfyo
Judge, fort he ppertunity you gave.
me to clear myself before the people,
of the State Of sol1th Carolina con-.
scerning that check. !" The judge In;
( timated that hes thought that Jones
you'd fight the }lawRin the matter Of
appealing 70 the supreme court, but
Jones replied that he didn't know
that he would do tllat. VII 49,,
s; ;f5s Judge Menming ger said that the
o5.case was close to the border line of
murder and anslau ghter. He told
Jones that ibis plea os self efense;
failed on lack OF snec ecessity and r At
he made a fortunate escape when ne
was convicted Of nranslalght ter He
said that he would have to deter.
Others, Through Jones punish nerts.9
going around with pistols ant,
oting people. He said that Jones,
evidently had enemies at iBranchYii1s
and the thing he should have done,;
/ as there were two things for him tn;
o--he should hare gone 80 another
! community or have fought the matter.
& out in law, and nos go around armed
TO fight It out with physical force aad
violence. e hat YVES certainly wrong.
:s5ssat'Th r. The; sentence OF the court, said
Judge Memminger, els that you,
John J Jones, be confined in the
State penitentiary for a period Of ten
years and one month at such. hard
labor as you may be able to per-
I FORM The judge stated, however,
! that in latter years, If living, he
might recommend to the governor
clemency in this case and ask that
) the sentence be :ommuted to some
extent. ..i 1g
' The sentence o. the Judge made It
impossible for tho counsel for Jones
s. to obtain bail for their client before
him or any other one judge, and
they will have to appear before the
: four supreme court Justices and OBJ
tain their consent before bail will be
L & Y