The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-01-31
HAVE NEW HEARING
IN GOSSETT CASE

Death of Judge Hydriek Compels
Supreme Court to Review
the Appeal
The following is from The Green
vile News:
The death of Associae Justice D.
E. Hydrick of the South Carolina Su-
lpreme Court makes it necessary for
that tribunal to have a second hear
ing on the appeal of Kenneth Gossett
young Abbeville white man, under
sentence of forty years Imprisonment
for criminal assault upon a young
white woman of Abbeville number
of months ago and if Solicitor Black
we'll, representing the State, gives his
consent the case will be submitted
this time to the court of last resort
without verbal argument, to enable
Chief Justice Gary and Associate
Justice Gage, who were not present
at the first hearing last fall and who
are still indisposed at their homes, to
to pass upon the appeal. Bonham and
/ Price, Greenville attorneys represent
| ing Gossett, yesterday agreed to sub.
nit their contention in the form of
; written brief, without a verbal
hearing, but consent to such pro-
cedure must be given by the solici-
tor before it can be carried through.
At last falls sitting Of the Supreme
Court only Associate Justices ,Hy-
drick, Watts and Frazer were present
Chief Justice Gary and Associate JUS
tice Gage being i'll at their homes in
Abbeville and Chester, respectively.
The Gossett appeal, along with
large number of others, was argued
before the three first named who con-
stituted a quorum of the court. No
decision had been rendered at the
time Associate Justice Hydrick died
suddenly in Washington, so that now
at least three of the Supreme court
judges must review the case again.
The two who were i'll when the first
hearing was held are still confined
to their homes and the only way to
get the appeal before a majority of
the members of the court any time
soon is to submit the printed briefs
to them. The clerk of the Supreme
tribunal is sending out from Colum-
bal inquiries to interested lawyers
asking if they are willing to have
re-hearings by this method in cases
argued before the three associate JUS
tees last fall, explaining that such
reviews can be held only upon con-
sent of both sides. James H Price of
the firm of Bonham and Price, yes
terday received one of these inquir-
les in the Gossett case and he for
warded it to his partner, State Sena-
tor Proctor A. Bonham, who is at
tending the sessions of the General
Assembly in Columbia, with the rec
ommendation that Senator Bonham
give the firms consent and suggest
to Solicitor Blackwell that he do the
same in order to get the rehearing at
the earliest possible time. With
Chief Justice Gary and Associate
Justice Gage still absent and with
Thomas P. Cothran of Greenville,
newly elected associate justice re-
manning a member of the House of
Representatives for some days before
leaving it to take his place on the Su-
preme Court bench, Mr.. Price eX-
planned that it will be good while
before the second hearing can be
held unless both sides agree to have
it conducted without verbal argu-
ment.
The Gossett case, which originated
, many months ago, was one of the
most sensational ever tried in this
section. A motion for a new trial in
Sessions Court, which motion con-
sumed much time before being fully
denied, delayed the appeal to the tri
bunal of last resorts until the fall of