The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-01-19

to beat Jones; that Pearlsune nad
never told him anything about Jones
and that he had never had CONVEX
sation with Fairey in this respect
Argument.
Judge Memminger stated that he
would not limit counsel in their ad-
dresses, but they could use their dis
cretion. Counsel agreed to three ar
guments on each side. T. NJ Raysor
opened for the State and made pas
sive plea for conviction, stating that
there was no self defense proved in
the case according to the law of self
defense. Solicitor P. T. Hildebrand
and Adam H. Moss also addressed the
jury at length, asking for Jones's
conviction. Judge C. P. Brunson,
Col. D. o. Herbert and William c..
Wolfe made strong arguments for
Jones's acquittal. The arguments
were begun about IL noon and were
concluded at o'clock tonight. The
lawyers in the case put up earnest
and diligent fights and the case has
been an interesting one.
At the conclusion of the arguments
of counsel, Judge Memminger had
the jury sent to their room for sup
per. At 8 o'clock Judge Memminger
charged the jury. The defense Offer
ed several requests to charge, while
the counsel for the State only asked
that the general law be propounded.
The charge of Judge Memminger was
clear and forcible and the principles
of the law on the case were presented
to the jury with much simplicity and
decision.
The jury retired to their room for
deliberation, and in an hour brought
in a verdict of guilty.
Orangeburg, Jan. 14.-John j..
Jones was sentenced to-day at 2:15
p. m. by Judge Memminger to serve
ten years and one month in the peni-
tentiary at such hard labor as he may
be able to perform, for the killing
of Abe Pearlstine at Branchville on
December Is. The court room was
crowded when the sentence was
passed.
This morning counsel were heard
in arguments before Judge Memmin-
gre for new trial in the case. Col.
D. O. Herbert and William c. Wolfe
argued in favor of the motion and
tried to show why new trial should
be granted. The main point argued
for the new trial was centered on the
.incompetency of juror, A. E. Rut-
land. 1t was argued that this juror
was past the age limit of jurors in
this State and was not properly reg
istered, thereby being disqualified as
a Juror. It was stated that Mr.. Rut-
land resided in Liberty township of
this county and was registered in
Willow township. Judge Memminger,
in reply to this point offered by the
counsel for Jones, said that the juror,
if past the age limit Of jurors, should
have been objected to when present
ed and that it had not been proved
to him that the juror was not prop
erly registered. This argument was
overruled: The counsel for Jones
were asked by Judge Memminger If
they desired to argue any other point
in regard to obtaining new trial,
which received a negative reply. So
licitor P. T. Hildebrand and T. M.
Raysor opposed the motion for a
new trial.
Prisoner Stands Up.
Judge Memminger commanded
John J. Jones to stand up and receive
the sentence of the court. The judge
said he did not intend lecturing him,
but would make a few remarks. He
said it 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 re-
piled at this stage of the judges talk,
81 will never forget you, Judge, for
the opportunity you gave me to clear
myself before the people of the State
of South Carolina concerning that
check" The judge intimated that he
thought that Jones would fight the
law in the matter of appealing to the
supreme court, but Jones replied 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
failed on lack of necessity and that
he made fortunate escape when he
was convicted of manslaughter. He