The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1912-01-11
EIGHT JURORS MADE VERDICT.
Remaining -Four Agreed by Special
Arrangement.

messed IN the court room mere was
developed this afternoon, in the
course of the argument for a new
| trial for Geo. w. Long, convicted of
manslaughter early Thursday morn
ing, he having been on trial two days
fer the shooting of Luther P. Mullin-
ak. at Troy, some time ago.
The sensation in the motion for
new trial lay in the fact that one of
the jurors, NJ F. Sanders, of Green
wood, made an affidavit as to the
manner in which the verdict was ar
rived at, and that he was supported
in this affidavit by three other jurors
was not known when Mr.. F. Barron
Grier started to read the affidavit,
and as soon as he reached the point
in the affidavit that Mr.. Sanders had
been a juror in the case and held con-
victions that the verdict was not what
he believed it should be, Judge Sease,
with flushed face, asked Mr.. Grier to
stop reading.
Declared Their Verdict.
He said that he had polled the jury
when the verdict was read and that
every man had answered that it was
his verdict, and that the court could
not allow anything to come before it
relating to what had transpired in
the jury room. Mr.. Grier asked for
permission to explain the nature of
his position and why it would be
necessary to make this preliminary
statement. After further argument
along this same line by Mr.. C. c.
Featherstone, for the defense, Judge
Sease permitted the reading of the
affidavit. The other jurors making
an affidavit similar to Mr. Sanders's
were: G. NJ. Anderson, of Ninety
Six, and A. ]. Langley, of Greenwood.
Method of Reaching Verdict.
This affidavit, in substance, stated
that after several ballots the jury
finally decided among themselves that
they would continue to ballot until
two-thirds of them should agree on.
verdict, and that when that was
done the verdict of the two-thirds
should be the verdict of all. Under
this arrangement, finally, two-thirds
voted for manslaughter and so this
became the verdict of the whole jury.
Just previous to the last vote the jury
stood seven for acquittal and five for
manslaughter, but the next vote was
eight for manslaughter and four for
acquittal.
The attorneys for the defense de-
bated long and earnestly that it was
rot constitutional verdict, after
having made able arguments as to
why the judge should consider the
affidavit. After their argument So
licitor Cooper opposed the granting
of a new trial on the ground that it
would be against public policy to con-
travene the verdict on the grounds
proposed.
Foreman's Explanation.
The foreman of the jury, Mr.. ]. NJ.
Townsend, was sworn and made a
statement to the court. He told of
the ballots and how the rule was
adopted. He said that he had all
stand up and agree afterwards that it
was the unanimous verdict.
The defence contended that this
agreement bound the jurors only as
to the agreement that two-thirds
should rule, and the two-thirds rule
is not recognized in this State, though
strenuous efforts have been made to
have it adopted. Solicitor Cooper, in
conclusion, said that he must con-
tinue to oppose granting new trial.
Judge Sease concurred in this and,
in refusing the motion, said with
warmth that he hoped he would nev-
er have to pass upon such question
again while he was on the bench.
He went on to say that. while ju-
rors might feel conscience-stricken,
that public policy demanded the jury
room be kept secret and sacred, and
that after the statement of the fore
man of the jury he felt that the ver-
dict should stand. The jurors could
not justify themselves, he said.
Sentence Pronounced.
Having Long placed in the dock,
and after listening to plea for leni-
ency from Mr.. F. Barron Grier, of
the defence, supplemented by Mr.. C.
C. Featherstone, Judge Sease pro-
nounced sentence upon him, this SEN
tence being three years and six
months on the public works of the
county, or the same time in the State
penitentiary.
An appeal will be taken from Judge
Sease's order OVerruling the motion