The herald and news. [volume] (Newberry S.C.) 1903-1937, 1921-08-30
KENNETH GOSSETT
GIVEN NEW TRIAL
SUPREME COURT ORDERS RE.
HEARING OF CASE
Accused Man Failed to Get Fair
Showing at Special Term,
Decision Says
The State, 26.

The State, 26.
Kenneth Gossett, convicted of Grim
inally assaulting young white wonl-
an in Abbeville county in April, 1920,
is given a new trial by the state su-
preme court, the decision reversing
the lower court being handed down
here yesterday. The court remands
the case back to the general sessions
court of Abbeville for proceedings
conformable to law"
Associate Justice Cothran wrote
the opinion and the entire court con-
CURED, the new trial being granted
on the grounds that Gossett was not
given fair trial by the special court.
Justice Cothran severely criticises
the statute under which special courts
are called and cites number of in
cidents 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 are held under conditions SIM
liar to those obtaining at the Gossett
case it is a Judicial lynching." The
Abbeville court was called to try the
Gossetts alone.
The opinion affects number OF
other special courts held recently and
virtually says these courts could not
give defendant fair trial. Several
trials by special courts, it is recalled,
have resulted in electrocutions and
"Pink" Griffin is now in the peniten-
tiary under death sentence by a YER
dict of jury called together espec-
tally to try him and the circumstances
arr, a good deal similar to, the Gessett.
case. No appeal has been taken in
the Griffin case and 'sFeetie" Fogle
has already been electrocuted 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 Cothran
says: eve are convinced that the
procedure provided for in this section
is a bold concession to the 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
miserable compromise 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 repre-
hensible, a judicial lynching.
sit is. notorious that such bargains
have been made; the angry mob has
been appeased by the promise OF a
quick special cuort to try the offend
ing under circumstances that render
his conviction inevitable.
"There can 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 crime not only against
te victim of their vengeance, but
against the majesty of the law. They
are not entitled td recognition as leg
itimate parties TO a compact. They
trample under their dusty feet the
pandects of our civilization and spit
unon the sacred rights of the individ-
ual. The law ought to be, and u.s.
strong enough to treat them as crlml-
mails"
The Gossett case has attracted con-
siderable attention for more than a
wear. Two brothers, Kenneth and
John Gossett, were charged with crlm-
inal assault upon two young wnlte
women of Abbeville. 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.
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 a fair trial
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