The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-10-30
BOND ALLOWED TWO PRISON
ERS.
Brown and Mcdonald Are RIcased
Under Bail of $1,000 Each.

Charleston, Oct. 26.-An order re-
leasing Henry j. Brown and Edward
r. Mcdonald on bail Of $1,000 each
was signed by Judge Mendel l.. Smith
in the court Of general sessions this
morning. Brown and Mcdonald were
committed Saturday on charges of as
sault and battery with intent to kill.
Brown is charged with shooting Will
liam e. Wingate and Mcdonald is
charged with shooting w. A. Turner.
The accused have already been allow
cd to give $500 bond each under re-
spectivc charges Of wounding Of H. l..
Wilensky and jeremiah OBrien.
! The granting Of bail followed a
hearing which began on the opening
of court at 10 o'clock this morning.
The hearing was to have been held at
noon yesterday, but was postponed
when Judge Smith was delayed in
reaching the city. In opening the
Ehearing. Acting Solicitor Grimball read
| a return made by Sheriff J. Elmore
Martin, which included the commit
ment of the accused by Magistrate B.
( r. Burnet and certificates from ply
sicians that Wingate and Turner, the
wounded men. while doing we'll, can
not be considered out of danger as yet.
Both are under treatment at Roper
Hospital.
On the strength of the certificates
OF physicians, Mr.. Grimball asked
that a substantial bail be fixed, but
when asked by the court what bail he
would wish, said that he was not fa-
miliar with the sums usually fixed in
[such cases.
Judge Smith said, in reply, that in
these days Of modern medical prac-
tice and surgery, man is never out
Of danger. not even II he has only
been scratched with a pin, indicating
THAT many conclusions can be drawn
from the term danger" when 1t is
used In this sense.
Mr. Huger, counsel for defense. said
that the magistrate, in committing the
[accused. had fixed the limit to bail at
$1,000 and the customary bond, in
such cases ranged from 5000 to $500.
He asked the court to consider that
the accused were working men and to
conflne the sum accordingly.
Counsel Logan. representing the
prosecution, said that the case was not
one Of ordinary assault and battery
with intent to XIII. but was an assault
committed under atrociOus circum-
stances that although the defend
ants might be poor men" they were
backed by rich people--bankors Hp
waUTed the court to fix bail OF not loss
than $1,000. He believed that the
'court would FIX a heavy bail had his
honor digested the evidence submitted
at the coroner's inquest into the death
of Sidney J. Cohen. He said that the
defense had simply made "a naked ap-
plication for bail. giving no reasons as
to why their clients should be released
on a small bond"
Judge Smith said that excessive bail
was prohibited by law, and that he felt
justified in splitting the difference"
Of the sum asked by counsel for de-
Tense and prosecution. He instructed
an order to be prepared admitting the
defendants to bail In the sum Of ST.
200 each.
Mr.. Huger addressed the court, and
asserted that the defendants were not
on trail at the hearing and that in
asmuch as Mr.. Logan had referred to
an assault committed under atrocious
circumstances" he wished to make a
statement. Judge Smith refused to al
| low further discussion.