The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-04-01
DEFENDS SOLICITOR;
MERCY And PARDON
THE WILL MARSHALL CASE AND
OTHER MATTERS.
The Course of Solicitor Cooper De-
fended-The Parole System
Newberrian Delegate.
snecial to The Herald and News.

citor Cooper, in reply to criticisms Oh
his course in accepting a consent YER
dict in the Will Marshall case, at New
berry, which criticisms have recently
appeared in the Newberry papers. Dr.
James Mcintosh, in communication
in The Herald and News and the OD-
server, has seen fit to censure the So
licitor. and Mr.. R. H. Greneker, IN
his always readable paragraphs IN
The Herald and News, has commend
ed DR.. Mcintosh upon his communlca-
ton. In other articles in the New
berry newspapers and in the Newber-
ry correspondence of the ColumDla
State this case was set over against
the Will Goggans case, in which the
defendant was sentenced to pay the
death penalty, and by indirection the
solicitor was censured.
What are the facts in the Will Mar
shall case? Will Marshall, negro
killed two negro women. This Kill
ing occurred at Helena just on the
eve of court. There was only one
eyewitness available, and he was
some distance from the parties, in
the night time. The dying declara-
tion of one of the women who was
killed indicated that the defendant
who did the killing and the two negro
women were under the influence OF
vhiskey, and, in view of the charac-
ter of the two women, and all the cir
cumstances attending the affair, the
solicitor felt satisfied jury would
recommend the defendant to the
mercy of the court, and for that rea-
son only he consented to the verdict.
Will Goggans, a negro, was charged
with the assass ination Of White
man. In that case the jury remained
in it's room for several hours before
reaching a verdict, and it is under
stood that the question which kept
them SO long was a difference among
the jury as to whether or not they
should recommend Goggans to mercy.
No man is perfect, but in the seven
and half years l was officially con-
nected with Solicitor Cooper, and
thrown closely with him in the dis
charge of his duty, if he ever failed
to do his whole duty as he saw it
did not know it. The position is al
best very trying; it requires ability
and it requires courage, bls believe
Mr.. Cooper's record will show that he
has measured up to every require
ment. Solicitors are usually charged
with being ''blood-thirsty," and this
charge Solicitor Cooper has not es-
caped. 1t is rare that the charge OF
being too merciful is brought against
them. AS matter OF ac., III its Lass
analysis, the charge really carries a
compliment.
1t must be- very distastefu! to say
the least, even to those upon whom
the law imposes the duty, to sentence
a man 20 die, and II is passing strange
to hear a protest from gentlemen
when a negro, with the consent of a
solicitor, is not doomed to die, even
though he be doomed to serve the re-
mainder of his life at hard labor
facing the muzzle of gun all day
while he works in summers heat and
winters cold, in stripes and chains,
and locked in lonely cell at night
or chained in convict camp.
There is a great hue and cry these
days that violators of the law are not
sufficiently punished. In South Caro-
lima of late protesting Christians
have held up their hands in holy hor-
ror at the freq lHa1 exercise of the
power of executive clemency. Nobody
with the proper social instinct would
contend that executive clenlency
should be exercised to the detriment
of society, but there is more danger to
society today from the extremists
not to say fanatics-who raise a cry
for the blood of every man charged
with crime than there is from those
who are disposed to show mercy. It
u,orn ;STe to oiya fbn I.40c0nS Each