The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1920-07-08
TO BE TRIED NEXT WEEK.
Magistrate Sends Joe Simons to Ju'y
Criminal Court.
Pee Dee Advocate.

(flnnlu NouTt.
Pee Dee Advocate.
Magistrate j. 7. Gibson last Thurs
day held a preliminary hearing IN
tho case of Joe Simons, the young
telegraph operator. charged with
criminal assault and a statuatory Oh
fcnsc against a girl under fourteen
wears old. Under the laws OF South
Carolina the Carnal knowledge OF a
girl under II with or without her
consent, is punishable by death. The
Jury may reduce the death sentence
TO Il term in the pcnitentiary by rec
ommending to mercy.
In the hearing Thursday the state
made out Il prima facie case OF statu-
atory offense by proving that Slmons
had improper relations with the girl,
by his own admission to Policemen
Cunningham and Ward, coroborated
by the evidence of C. D. Odom and
Murray Odom; and by proving by the
girls father that she was under IA
years old.
Before the beginning Of the evil
dence, Senator D. d. McColl, attor-
ney for the prosecution insisted that
the hearing be held in public, in ac-
cordance with the constitution, al
lowing all adults who wished 10 at
tend. Judge Gibson ruled however,
that public policy required the idly
curious 10 be excluded, saying that
where women might have to testify
to embarrassing details they would
be secluded as much as possible from
the gaze of those who had no interest
in the case. He excluded all except
members Of the families on both
sides, officers, attorneys, newspaper
reporters and witnesses. By request
of T. l. Rogers and j. j. Evans, at
tcrneys for the defense, the witness
es were excluded till ach one was
Jailed separately to testify.
! Murray Odom and Christopher D.
Odom, each testifying without hav-
ing heard the testimony of the other,
told substantially the same story Of
coming away from the river, near
Gardner'S Bluff, in Ford, about 6
o'clock on Friday afternoon, June Is,
wheu they rounded sharp curve in
the woods and came upon car stand
ing in the road. The brakes were ap-
piled suddenly and their car Sided up
behind the back of the other car. A
girl was down on the back seat Of the
front car, with her head out under
the supports of the top on the right
side Of the car, with hair diSheveled.
MUIR y Odom said she seemed to be
in frightened or fainting condition.
c. D. Odom said her face was flushed
as if painted.
Just as the Odom car Sided up, a
man jumped from the back seat of
tho other car, over into the front
seat and started his car Immediately
He went away at the rate of 35 or
40 miles an hour. Mr.. Odom also
speeded up, trying to overtake the
car and find out who it was. After a
chase of about two miles, over bumps
and holes, the top of the front car
came loose and it stopped, in McCall's
mill creek, and they passed. Joe
Simons was on the front seat. The
! girl was on the back seat, bowed for
ward, with her arms on the back Of
the front seat.
| They did not recognize the girl,
but found out on Saturday who it
was. Saturday night Murray Odom
and friend went TO the home of the
father of the girl, in the country, and
he was informed of the occurrence.
| Policemen Cunningham and Ward
testified that on Sunday morning af-
ter Simons was arrested Saturday
night, they went 10 the Jail to see
him. In conversation with them he
virtually admitted having improper
relations with the girl, and said she
told him she was 16 years old.
The father of the girl testified that
she was born on Sept. 2, 1906, which
would make her II next September.
Dir. Rogers cross-eXamined him at
length as 10 the age of the girl. While
his memory was indistinct and his
statements sometimes conflicting as
to the ages of his other children and
other events in his life. his testimony
as to the age of this girl, his Oldest
child, remained unshaken.
The girl did not testify and was
not present at the hearing.
The defense was not allowed TO
present testimony, as this was 4 pre-
liminary hearing to see if the state
had sufficient evidence to send the
case to circuit court for trial. Judge
Gibson sent the case up, and Simons
went back to jail TO await trial at
the term OF court which begins next
week.
The father Of Joe Simons, from
Richmond, Va, and two other rela-
tives. attended the hearing last
Thursday.