The herald and news. [volume] (Newberry S.C.) 1903-1937, 1920-04-09
TWO DAYS DELAY
IN GOSSETT CASE
Grand Jury Holds Both Young Men,
Judge Sease Not Favorably Dis
posed Toward Militia.


The State.
Abbeville, April 5.-Delay Of at
least two days in the trial of John
and Kenneth Gossett, charged with
criminal assault, follows the motion
here today before Judge Sease for a
change of venue.
The court met at 10 o'clock this
morning. By IL 80 o'clock the grand
jury had heard the witnesses and had
returned a true bill, holding both OF
the young men as charged without dis
tinction.
The court house was filed all
standing room being taken. A gener-
al alarm spread among the negroes
and not one was to be seen around
the court house. Places of business
owned by negroes were said to be
closed and many did not report for
work.
One of the young women who were
in the car is preferring no charges,
lint Judge Sease in charging the grand
5ury today emphasized that a man
could be guilty of the crime as
charged in the Indictment by aldlng
or abetting another to commit the
crime. John Gossett is alleged to
have gone away from the car with
the other girl while Kenneth COM
mitted the alleged crime.
AS soon az the true bill had been
returned Solicitor Blackwell announc-
ed that ]. Howard Moore Of the Ab-
beyille bar would assist the prosecu-
tion, as would also Solicitor George
Bell Zimmerman Of Lexington.
Proctor Bcnhau,, representing the
defendants, moved for a change OF
venue. This Will be argued tomor-
row afternoon, as the attorneys TOR
state have to make some preparation
to counteract the arguments which
will be offered by the defense in ask
ing that the trial be heard in some
other county. The state has four days
TO answer this motion, but promised
to be ready tomorrow. The grand
Jury was then dismissed. The petit
jurymenso ordered to report Wednes-
day morning for duty, and the court
adjourned until j O'Clock Tuesday.
Both sides have waived the right to
demand the presence of the defend
ants while motion for change of venue
is being argued before Judge Sease
tomorrow afternoon.
Militia Not Favored.
It became known in court here to-
day that Judge Sease is not favorably
disposed toward the idea of having
military guard for the prisoners. One
of the arguments offered by Messrs.
Bonham and Price for the change OF
venue is necessity for and the con-
seouent influence upon the jurymen OF
the presence of the militiamen. When
this portion of the motion was being
read, Judge Sease pointed out that
nobody had the right to bring the
militia into court without an order
from him. He had issued no such or
der, had not been consulted IN the
matter and thought it absurd. Mr..
Bonham explained that he had taken
the matter up with the governor and
the adjutant general, and had pre-
sumed that the judge had been con-
suited by these officers as to any or
ders that would have to be issued.
Judge Sease said he would determine
upon the necessity of a guard after
he had read the volume of affidavits
submitted by Messrs. Bonham and
Price in support Of the motion for
change of venue.
One of the afidavits, emphasizing
the danger to which the prisoners
would be subjected in being brought
here because of the infammatory
character of the sentiment which has
been ripe in the community, was
made by Joel c. S. Morse, foreman of
the grand jury which sat today and
returned true bill against the Cos
setts. 1t reads as follows: ~Person-
ally appeared before me Joel S.
Morse who on oath says that he is
foreman of the grand Jury for Able
vile county, that he has lived in
Abbeville all his life, knows the peo-