The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1921-09-01


nary trial this morning. After the
hearing, which was attended by both
the former wife of Scott and the for
mer husband of Mrs. Seigler, Magis-
trate Raborn bound over the couple
to the higher court. There is much
speculation here as to the outcome OF
the case, many holding that the di-
vorce granted in Georgia does not per-
nit the pair to marry again and re-
main in South Carolina.
themselves without the pale of law
and commit crime not only against
the victim of their vengeance, but
against the majesty of the law. They
are not entitled to recognition as
legitimate parties to 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 con-
siderable attention for more than a
year. Two brothers, Kenneth and
John Gossett, were charged with
criminal assault upon two young
white women of Abbeville. Feeling
against the men was said to have
been bitter at the time and 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. >.
A large number of exceptions were
made by the attorneys for Gossett,
but the supreme court only consider
ed the matter of whether or not the
accused. had been given fair trial
and concluded that he had not.
Criticises the Statute.
The legality of the court was
among the exceptions taken and the
high tribunal criticises the statute
providing for such a court, holding
that the section of the code under
which such courts are called is not
fair to the defendant. At present the
solicitor merely asks for the court
and it is granted, it is pointed out.
Prior to the act of 1900 only the
chief Justice or the presiding asso-
ciate Justice and circuit judge hold
ing court in the particular county
could call special courts.
The law now throws to the wind
the sensible and just guarantee Of
fered by the former method of proce-
dure, it is pointed out. 1t makes no
provision for a showing, a hearing
or determination Of the fact that
public interest, which includes fair
trial to the defendant, demands a
special court, the opinion adds. The
solicitor has absolute power under
the present act, the court says.
"The defendant is entitled to be
tried in an orderly manner, however
guilty he may be, in a calm judicial
atmosphere, the opinion says. The
nature of the crime, time of trial,
circumstances of the trial and the
public mind are all of gravest con-
Germ to the accused, it is pointed out,
and will have bearing on the YER
dict. "What was the reason for a
special court at Abbeville?" the
court asks. There was apparently no
crowded docket, as the Gossett case
was the only one tried and this could
nave waited uulll luC AOAI SoAA -
"Circumstances of this trial demon
strate beyond a doubt that Gossett'
under the operations of the section
we are now considering, was not con-
victed by due process of law and
was denied equal protection of the
law"
No Change of Venue.
A motion for a change Of venue
was denied and the court points out
that 100 affidavits were offered to
show that a fair trial could not be
had: the sheriff had suggested mill
tia: the foreman Of the grand jury
made. an affidavit saying that the
two Gossetts could not be brought
safely to Abbeville on account of the
sentiment against them. A request
| for a continuance was also denied
! "The failure to employ local defense