The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1920-06-07
ASK NEW TRIAL FOR
KENNETH GOSSETT
On Ground Of Bias-Affiants Swear Ju.
rors GiDett and Bolts Made
Statements Before Trial,
indicating Prejudice
Against Gossetts

Ihat l.. u. Bolts and j. +. Gilbert
two jurors in the trial of Kenneth
Gossett, convicted at Abbeville in
April Of rape were not Indifferent
but were "biased in behalf of the
prosecutrix and prejudiced against
the defendant" is the ground upon
which Bonhana and Price, of Green,
vile and Gen. Milledge L. Bonham
of Anderson, counsel for Gossett,
will at the term of court opening at
Abbeville next week move for a
new trial for him.
Notice of this motion has been
served by counsel for Gossett upon
Solicitor Homer s. Blackwell of the
Eighth Circuit, George Bell Tim.
norman and J. Howard Moore, as
sistant counsel for the State in the
trial of the case. -:
Kenneth and John Gossett were
|
charged with rape upon an Able
vile county girl last March and
were tried at a special term of
court in April, the. case attracting
vide attention. Judge Thomas. S.
Sease of Spartanburg the presiding
judge, directed a verdict of not
guilty against John Gossett, but the
jury found Kenneth Gossett guilty
of rape with a recommendation to
the mercy Of the court and Judge
Seas sentenced him to term of forty
years in the State penitentiary,
the maximum penalty imposed by
law in such a case.
Accompanying the notice of the
motion to be made by Counsel for
Gossett are five afidavits.
Three residents of Calhoun Falls
swear that before the trial they
heard J. F. Gilbert say Damn a
married man who will go out with a
single girl" ~.
John Mullins and o. q. Campbell
swear that before the trial they
heard L. G. Bolts say that both the
Gossetts ought to taken out and
lynched while J. G. White swears
that he heard Bolts say that he was
glad he was not drawn on the jury,
but that, if he was drawn on the
jury, he could not afford to turn
the defendants free, as he would
lose the business of the family of
the prosecutrix if he did.
James H. Price, of counsel for
Gossett, swears that all of the ju-
rors were sworn on their voir dire,
that all who were accepted swore
that they were not conscious of any
bias or prejudice for or against the
State or the defendant, that the
defense accepted these statements
in the belief that they were true,
that had counsel for the defense
known of the expressions by Gilbert
and Bolts sworn to in the afidayits
they would not have been accepted
as jurors, that counsel for dafense
by reasonable diligence could not
have learned sooner about these eH-
pressions, that counsel for defense
knew nothing about such express
sions until after the defendant lad
been convicted. 4.
Make Motion Next Week
This motion is separate and dis
tinct from an appeal to the Su-
preme Court of South Carolina and
for the present is independent of
that recourse of the defense. If the
defense secures a new trial, it can
renew it's motion for change of
venue, if it desires to do so, Judge
Sease before the trial having re-
fused a change of venue asked by
the defense on the ground that
Gossett could not get fair trial in
Abbeville county because of the
state of public sentiment there. If
the new trial is refused, such re-
fusal can constitute an additional
ground for an appeal to the Su-
preme Court of South Carolina.
In all probability, the presiding