The Union times. [volume] (Union, S.C.) 1894-1918, 1912-08-16
Jones Says Blease Took
Part of Negro Blind
Tiger When He Com
muted Sentence.
Blease Replied That Jones
Favored Negro on Bench
Synopsis of the Two Cases
Against Hampton-Let the
Public Pass Judgment.

On the stump here last Saturday
Judge Jones charged Governor Blease
with committing the sentence of Cor
doza Hampton to $100, thus taking
up the negroes cause. Governor
Blease said in his speech that Jones
sat on the supreme court and took
the negroes part when it came be-
fore him. AS matter of fact that
particular case never went before the
supreme court, nor was it ever tried
in the Mayors court. There were
two cases against CORDOBA Hampton,
below is a synopsis of each of the
cases:
Town of Union VS.. CORDOBA Hamp-
ton, charged with keeping Bawdy
House. Tried July 7th, 1908. Guilty
of Keeping Bawdy House. Sentence,
thirty days on the chain gang.
Violation of town ordinance pass
ed April 11th, 1894, L. G. Young,
clerk, j. A. FAINT mayor. can ordi-
nance Relating to Bawdy and Disor-
derly Houses. Any one found guilty
"shall be punished by fine of not
more than twenty dollars or impris-
onment for not more than thirty days
or both.' Townsend & Townsend and
Hamblin were attorneys for the de-
fendant. Messrs. J. A. Sawyer and
w. w. Johnson were attorneys for
the town of Union. Jury: James
Hawkins, foreman; E. B. Lowe, R. w.
Tinsley, F. o. Willard, w. c. Alver-
son, j. M. Jeter.
The case was appealed to the court
of general sessions for Union county
on the grounds, among other reasons,
that the mayor could not impose sem
tenec without the alternate of fine.
The case was heard by Judge Klugh,
]. c., at the September term of court.
1908: Klugh said cit appears that
the original ordinance of the town
limits the sentence to twenty days on
the chaingang instead of thirty, as
pronounced by the mayor" Reduced
to twenty days.
Hampton and his attorneys then
appealed the case to the Supreme
Court The opinion of the court was
delivered by Mr.. Justice Gary. The
court decided that the mayor of
town or city could not impose a SEN
tence without the alternate of fine.
This decision was based on the word
ings of section of an act passed in
1897, entitled, can Act to define the
jurisdiction and to settle the proce-
dure in municipal courts of the cities
and towns of this state, incorporated
in Vol. Xxx of the Code of laws as
section 2004) which reads as follows:
whenever said Mayor, Intendant or
Mayor Pro tempore shall find the
party charged before him guilty of
violating an ordinance of the said
town, he shall have power to impose
at his discretion a fine or imprison-
ment in the alternate. The court de-
cided that the words ain his discre-
tion" referred to the crime and not
to whatever the mayor pleased to i'm
pose either a fine or imprisonment
without giving a noption of the other.
1t further held that "in the alterna-
tive" compelled the mayor to give the
guilty party an option of either fine
OF imprisonment.
The opinion of the court was deliv-
cred June 16, 1909. South Carolina
Reporter, Vol. 83, July 16, 1909, No. /,
p. as.
Record from Clerks Office, Union Co.
CORDOBA Hampton, convicted for
selling liquor apd storing and keep
ing in his possession contraband
liquor. Convicted on two counts on
Dec. 3, 1910, before Judge r. o. Pur-
dy by the following Jury: H. H. Web
Der, foreman, c. ID. Halle, Jud Bishop,
L. ID. Warner, f N. Fowler, John w.
Bobo, Fl. M. Parks, A. b. Carter,
Joe f. Fowler, P. +. Collins, S. s.
Sanders, j. F. Mcbride.
Sentenced to six month on chain
gang straight. Notice of appeal was
given and he went out on bond and on
the gath of Feby., 1911, Gov. Blease
commuted sentence to four months on
chain gang or a fine of $100 and m,
paid the fine. Appeal never perfect
ed.
CORDOBA Hampton was represented
In the above case by Hon. B. F. Town
send and the presumption is there
was no petition, for it is not men,
toned in the Governors pardoning
report.
This case was never tried before
Mayor L. l.. Wagnon, as alleged by
Gov. Blease in his speech Saturday.
The case was never passed upon by
Judge Jones, as was alleged by the
governor. The case tried before Mayor
Wagnon was the one published above.
This one was never in the supreme