Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-07-21
GENERAL SESSIONS

The case Of the State VS.. Walter L.
Jackson which has been continued
over several terms Of the court was
tried last week, and although it result
ed in a conviction, it is reasonably GER
tain that the whole thing would have
fallen through except for the determin-
ed stand taken by Solicitor Henry, who
insisted that the law must take its
course.
Solicitor Henry won out in the mat
ter against serious obstacles. When
knowledge Of the uncle's crime against
his niece first became public. the faith
er of the girl was inclined to punish
his brother to the full extent Of the
law; but as time went on the spirit of
compromise grew, and when the case
was called for trial, it looked as If there
was to be no accusing testimony.
The young girl told the solicitor in
private conference that her father had
told her that If she said one word to
incriminate her Uncle Walter" he
would drive her from home and she
should never come back any more. She
stated, however, that If she had to tell
anything at all she wanted to tell moth
ing but the truth. The solicitors long
experience enabled him to take in the
whole situation at once and his reply
was: Child. you shall not be hurt for
telling the truth in this court. The
Judge, the sheriff and every officer OF
the court will protect you in saying
whatever you want to say, and If moth
ing else can be done I will see to 1t
that you have home, even If have to
take you home with me. Not only that
| will undertake to provide means
whereby you may make an honest liv-
ing"
On this assurance, the witness signi-
fled her desire to go on with the case,
but when she was placed on the stand
and asked a question as to whether or
not she had been taken to Charleston,
the defense objected and there came a
legal battle over the admissibility of
the testimony desired by the solicitor.
1t was clear that If the alleged crime
had been committed, the prosecuting
witness was equally guilty, and the
point was stressed that under the Con-
stitution she could not be made to tes-
tify against herself. The matter was
put up to the court, and the court sug-
or
the witness whether or not her Uncle
Walter L. Jackson was the father of
her child?" he was prepared to rule.
Solicitor Henry informed the court
that while he appreciated the sugges-
ton, he preferred to represent the
state Of South Carolina in accordance
with his own judgment rather than in
accordance with the suggestion of the
court. There was more argument on
the matter especially on the question
Of the witness being allowed to con-
vict herself. At length the solicitor
solved the difficulty by placing on the
records of the court, the guarantee Of
the state Of South Carolina for COM
plete absolution Of the defendant on
account of any criminal relations with
the defendant previous to the date of
the testimony.
Then the witness was asked If she
desired to testify. The court told her
that she would he protected by the
sheriff, court officials and the militia Of
the state, If necessary. Solicitor Henry
gave the same assurance, and then
went on with the vital question:
rs or Is not your Uncle Walter l..
Jackson, the father Of your child" and
added, Il ask this question at the sug-
gestion Of the court"
The addition to the question served
to put the matter where there could be
no ruling from the court, for the court
would have been ruling on his own
question, and there was no ruling.
The witness answered in effect that
Walter l.. Jackson was the father OF
her child, and in reply to questions
gave various circumstantial details
that convinced the jury Of the truth OF
her testimony.
The jury returned verdict Of guilty
and the defendant was sentenced to
pay a fine Of $1,000 or go to the peni-
tentiary for two years.
The unfortunate young girl was TAX
en- in charge by her grandfather, who
will give her support and protection.
The defendants attorneys gave mo-
ton Of appeal to the supreme court
and bond in the sum Of $4,000 was fixed
for the defendant pending the appeal.
Up to this time the bond has not been
furnished.
Sentence has not yet been passed
upon Thad E. Turney, convicted of
manslaughter in two cases. Motion for
new trial is to be argued some time
this week.