The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1921-09-29
SPLIT OVER GOSSETT.
Some Commend Action of Court.
Others Condemn Move.

Abbeville, Sept. 23.-Many and
varied opinions are heard on the
streets here today relative to the &C
tion of the supreme court in Green
Vile Wednesday in granting bail to
Kenneth Gossett, convicted at spe-
cial court here in April, 1920, Of GRIM
inally assaulting young Abbeville
county girl and sentenced to forty
years in the penitentiary. Some weeks
ago the supreme court granted Cos
sett a new trial on the ground that
the defendant could not have received
fair trial in Abbeville at the time
the special court was held, due to the
high feeling that prevailed.
The opinion of the supreme court
ordering new trial was received by
Clerk of Court Perrin several weeks
ago, and while it has not been pub
lished in toto by the local newspapers,
much discussion of the courts order
is constantly heard on the streets.
Most of the talk centers on the state
ments in the document relative to the
''tense feeling that was supposed to
have existed, or did exist, at the time
of the trial. There are some who have
been reported as expressing the opin-
ion that at the time of the trial the
temper of the majority of the people
had cooled and that there was no dan
ger of mob violence. 1t is also as
serted from various unverified sources
that some of the people who made ;af-
fdavit that Gossett could not get a
fair trial in Abbeville because of the
"tense feeling" had later changed, or
tried to change their testimony on the
ground that certain facts had been
misrepresented to them by the at
torneys, who secured their signatures.
Some criticism is also expressed to
the effect that Judge Cothran, who
wrote the opinion, should have con-
fined his remarks to the points of law
involved and that he should not have
gone into a discussion of the question
of the existence or non-existence of
the mob spirit. There are plenty of
people in Abbeville,, it is said, who say
that at the trial there was not demon
strated any evidence of violent tenn
per or feeling that would have caused
the miscarriage of justice.
On the other hand, there are many
who openly commend the opinion of
the supreme court justice. They say,
repeating the judges opinion, that
the calling of the special trial was a
direct concession to the mob spirit.
The charge has been made and not de-
MED that the law was not complied
with in the act of empaneling the
Gossett jury Sufficient notice was not
given of the convening- of court, ten
days being required. From the time
the clerk of court received the order
for the court to the day it convened
only seventeen days elapsed, while
twenty days is required. 1t is further
asserted that the special court was
unnecessary in that the regular term
of criminal court was less than. two
months away.
During tie habeas corpus proceed
ings to. secure bond for Gossett, one
of the defendants attorneys is quoted
as having said that one of the jurors
in the trial of the Honea Path man
had nearly lost his mind over the de-
cision rendered, and that he went to
his pastor and asked TO be prayed for.
No rumor of this has been heard in
Abbeville.
According to the clerk of court, j.
L. Perrin, the new trial ordered for
Gossett will probably be held next
February, depending upon Solicitor
Blackwell. This is the next regular
term of criminal court.