The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-01-17

sad communication was received il
the county OF Spartanburg, in the city
of SDartanburg; that he did not con-
municate either by word Of mouth or
by writing, by himself or by any others
the contents of said communication to
Governor Cole L. Blease, and that
this deponent knows Of his own know
ledge that Gov Cole. l. Blease did
not know the contents Of said com
munication at the time of the closing
of the State campaign at Greenville,
South Carolina; and that deponent fur
ther knows that Gov Cole L. Blease
could not have been fighting or using
his influence against Senator Tillman
on account Of facts set forth in Senator
Tillman's letter, because Gov. Cole. L.
Blease had never seen the letter and
did not know of its contents, and that
any statement that he did is absolute
ly and unquivocaly false. Deponent
further states that, 80 far as his know
ledge goes, Gov Cole. L. Blease has
never seen the letter written by Sena-
tor Tillman to this deponent; that from
the receipt Of said letter until after
the primary election, which was held
on the 9th day of August, 1912, that
this deponent had no conversation with
Governor Cole. L. Blease, nor-no cor
respondeDce.
(Signed) Harrison Fer&vson.
Sworn to before me this 18th day
Of November, A. D. 1912
Robert j. CAN'T,
(SeaD Magistrate for S. G.
That the object of the malicious
telegrams was to injure me politically
kilograms was toinjure me politically
no one will day. But, even though
the falsehoods were of the deepest dye,
and conceived in the blacklist malice,
the law gave me no relief-because
my personal reputation was unscathed,
and, the people realizing the villainy
of it all, my political fortunes were
bettered, probably, rather than injured.
But it is not for myself that am
pleading, but for those who are to
follow me, and for the good name of
the State.
I submitted the matter to the Hon.
W. Hampton Cobb, solicitor of the Fifth
judicial Circuit, which includes Colum-
bia, and desire to quote herewith his
reply.
Columbia, S. c., November 20, 1912.
Gov Cole L. Blease, Colun ia, S. c.
Dear Sir: Replying further to your
letter of the 18th inst, asking "if
there is any criminal statute cover
ing the offence for person sending
telegram in Columbia, S. C.. which was
delivered to another person in Wash
ington, D. c., containing deliberate
and malicious falsehood and a libel
upon the reputation of citizen~of this
state."I beg to say that the only sta
tute l know of is the one passed il
1912, Vol. XVII, Statutes at Large,
page 775, which provides as follows:
"Any person who shall with mali
cious intent originate, utter, or circu-
late, or publish, any false statement
or matter concerning another, the
effect of which shall tend to injure
such person in his or her character
or reputation, shall be deemed guilty
of misdemeanor." etc.
This statute has never been COLI
strued by our supreme court, but l
think the elements necessary to consti-
tute violation of this statute are: C)
The statement originated, uttered or
circulated, or published, must be false;
(2) It must have been done with a
malicious intent; (3) The statement
originated, etc.. must end to injure the
character or reputation Of the person
alleged to have been wronged.
Yours very respectfully,
(Sined) w. HAMPTON Cobb,
Solicitor Fifth Circuit.
l also submitted the matter to Unit
ed States District Attorney Err est F.
Cochran, and received the following
reply:
Charleston, Nov. is, 1912.
Hon. Cole. L. Blease, Governor of South
Carolina, Columbia, s. c.
My Dear Sir: Your letter of the 18th
inst. received, and pursuant to your
request I have looked very carefully
into the matter referred to- AS I un- !