Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1921-08-31
Supreme Court Orders New
Trial for Kenneth Gossett.

Supreme Court OfdefS lNeW
Trial for Kenneth Gossett.
Kenneth Gossett,. convicted OF
criminally assaulting a young white
woman in Abbeville county in April,
1920, is given a new trial by the
state supreme court, the decision re-
versing the lower court being handed
down here yesterday. The court re,
mands the case back to the general
sessions court of Abbeville for "pro-
cAedings conformable to law"
NAssociate Justice Cothran wrote
the opinion and the entire court con-
Cured, the new trial being granted
on the grounds that Grossett was
not given a fair trial by the special
court. Justice Cothran severely crit
icises the statute under which special
courts are called and cites a number
of incidents to show that an accused
has no showing under the present
policy Of special courts.
The court also severely criticises
the spirit of mobs and says that
where trials r held under condi-
tions similar to those. obtaining at the
Gosett case it is a Judicial lynch,
ing" The Abbeville court was called
to try the Grossetts alone.
The opinion affects a number Of
other special courts held recently
and virtually says. these courts could
not give a defendant e. fair trial.
Several trials by special courts, it is
recalled, have resulted in electrocu-
tions and "Pink" Griffin is now in
the penitentiary under death SEN
tence by a verdict of a jury called
together especially to try him and
the circumstances are a good deal
similar to the Gossett case. No ap-
peal has been taken in the Griffin
case and "Feetie" Fogle has already
been e~lectroeuted by a special court
verdict.
Speaks of Mob Violence.
Speaking of mob violence and the
effect of the public mind in trials
like Gossett's and the section under
which the court was called, Justice
Cochran says: "We are convinced
that the procedure provided for in
this section is a bold concession ito
che spirit of mob law; and presents
the spectacle of the law, strong and
mighty, bowling to the despotism of
the mob, which has been declared to
be greater than the tyranny Of a
despot. 1t provides a miserable COM
promise with lynch law, enabling the
law to bargain with the mob to stay
it's hand and allow the court, under
the form of law, to accomplish what
is equally as reprehensible, d judi
cial lynching.
at is notorious that such bargains
have been made; the angry mob has
been appeased by the promise of a
quick special court to try the often
er, under circumstances that render
his conviction inevitable.
"Therelcan be no compromise with
the spirit of lynching for any crime;
those who compose such a mob are
themselves without the pale of law
and commit a. crime not only against
the victim of their vengeance, but
against the majesty of the law. They
r. not entitled to recognition as
legitimate parties to a compact. They
trample under their dusty feet the
pandects of our civilization and spit
upon the sacred rights of the indi-
vidual: The law ought to be, and is,
strong enough to treat them as GRIM
inals."
The Gossett case has attracted
considerable attention for more than
a year. Two brothers, Kenneth and
John Gossett, were charged with
criminal assault upon two young
white women of Abbevile. Feeling
against the men was said to have
been bitter at the time and a special
court was requested by Solicitor
Blackwell This court was ordered
and held early in April of 1920.
Kenneth Gossett was convicted
with a recommendation to mercy and
sentenced by Judge Sease to serve
40 years in the penitentiary. He is
now in the prison awaiting the ac-
ton of the supreme court on his plea
for a new trial.
u. n,n,bor of p~yceDtiOnS