The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1916-06-10
. Itu 1llll fla BEIIulE.


-. ..- i g. y
uVrRE1GE COURT DECIDES CASE
o. CLARENDON NEGRO.
UoAea Tsibunal Rcverses Order Re-
fsa1ag New Trial ON Ground OF Az.
- Discovered Evidence In AfIlda-
~ ~ Jenhinss.
columhia. June s.-rhe supreme
court In . dseision by Chief Justice
,Qary yesterday granted new trial to
yMIns Bsthuno. the Clarendon county
tNoro who was convicted six years ago
% ths charge Of murder and sentenc-
!, - 70 death. The ease has been before
the supreme court on several octa-
ss0ns The nsisro lost his appeal when
~ cass was carried to the United
ooAtss supreme court. The new trial
No. BEEN granted on the ground of az
~ discovered evidence. Bethune is
o11sosd 70 hare killed q. b. Minis. a
~ known white farmer OF Claren-
/. ~
- county.
IL - the judgment of this court
tnat the srdsr bs reversed and the case
Z r4map1ed - the circuit court for .
uow trial," concludes the opinion.
4 1hs foliowins = the decision Of the
e>urt:
'.1As = An appeal from an order
r0eus@ns motion for new trial on
~ sssund Of after discovered ev-
~oa the tsth day OF january. 1915.
~ p. ysnninsh an attorney at law. OF
nentsr. nnad4 an ,sa,davit. stating tho
>sasswsns fae}
Ihot he Vas OF counsel for the
U)oaegution In the cass Of the State
y oCotnt wlllie Dethune. defendant.
l4t 10 talked with the wit,ess. Al
~ neyaddsn. before the t.ial In q
Cl1mlnary Investigation OF What his
(11neny would consist Of. 'rhs said
)1oaR Alfred Atcradden. made q
1to1eont - ne at that time In which
y soated that No aid not know who
toa ths frs& shot, and that he had
- bssn WHO nrsd the f,rst shot. Upon
knaihation by The solicitor he stated
ettely 70 the contrszy. and stated
q ~ had sen Hsthun4 nrs the f,rst
= ~ Me1sdden was The only eye
nts Tor the state. and the jury
- nscsssarily have rested their YER :
R ~ - suiity upon his sworn testl-
0tr3. He stAtemant upon the stand
- sutirsly different from ths state
1tt that he had made before the
- appsllAnt wss tried for murder
1c(cgo the Hon George W. oaxs.
~ dseuit n4pA and the jury rem
~ 9vor9la q sdil}S. ~hsecupofi
a ~ ssiesabtd " ssflSa tks tsnsity
I - ,tseunlne : A,otioa tor new
1r)ot Alb honor Judge Gage said :
n helhsr thig verdict y right depends
fee ne testimony OF the witness, Me-
Ridden. don't know him but the
Jury does. n he told the truth. It Is
right n he told what b not the truth,
~ VIII have 70 answer for It before
hb Maker vbsu hs comes to die.
Whsthsr or not he told the truth is a
matter for the jury. and they have
eeoeptsd his testimony. The whole
60 rsses upon McFadden's testi-
7 psouy.'
"a motSon was made before his
henoe q w. G.. shipp for an order
: Saying the execution Of the sentence,
in order that the defendant mixht
rake = motion for n new trial before
~ honor Judge Devore on tho
ground Of after Uncovered evidence.
IN refusing the motion to stay the
execution Of the sentence his honor
Judge shipp said: 4 do not hesitate
to say that upon an examination OF
the evidence upon which the defendant
wss convicted. would. II IL were In
NO power. change the penalty from
Death 70 ME imprisonment, and had I
ths power. without an abuse OF my
discretion. would grant tine stay
$3.50 for. However. under my view
% sAs ,iaw and OF my duty. must
rsfwss the motion. and 1t Ia so order.
e.
Thereafter his cxcsllency Gov.
Aannins srante'i reprieve and his
honor Judge Devore heard the mo-
tion for q new trial. and In refusing n
nssd this language: The testimony
upon which this motion a made does
n'ns more than contradict