The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-08-26
KENNETH GOSSETT
i GIVEN NEW TRIAL
SUPREME COURT ORDERS RE-
HEARING OF CASE-ACcUSED
MAN FAILED TO GET FAIR
SHOWING AT SPECIAL TERM,
DECISION SAYS. ,'.--

DEClSlON SAIS. -...
News was received in Abbevills
today to the effect that the Supreme
Court has ordered new trial in the
case of Kenneth Gossett, who was
tried at a special term of court held
here in April, 1920, and after con-
viction for criminal assault, SEN
fenced to serve 40 years in the PEN
itentiary. Gossett is now in the peni-
tentiary where he has been held
pending the decision Of the court.
Clerk of Court J. L. Perrin says
that as soon as the courts order has
been received the case will again be
docketed here. He could not say whe-
ther it was probable that the case
would come up in the term Of court
convening Monday, September 5,
but it is not thought likely that it will
be taken up before the February
term Of criminal court. Appeal for
change of venue was denied.
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 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. y '.."
The court also severely criticises
| the spirit of mobs and says that
! where trials are held under condi-
tions similar to those obtaining at
the Gossett case it is Judicial
Iynching." The Abbeville court was
called to try the Gossetts alone,
The Gossett case has attracted
considerable attention for more than
year. Two borthers, 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.
"The defendant is entitled to be
tried in an orderly manner, however
guilty he may be, in calm Judicial
atmosphere" the opinion says. The
mature of the crime, time of trial,
circumstances of the trial and the
public mind are all of the gravest
concern to the accused, it is pointed
out, and will have bearing on the
verdict. "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
have waited until the next term.
circumstances of this trial demon
srate beyond doubt that Gossett
under the operations of the section
we are now considering was con-
victed by due process of law and
was denied equal protection of the
law"
The fact that ten days notice is
required by the law for the drawing
of the jury and only five were given
at Abbeville was not allowed to stop
the trial, it was pointed out. If the
statutory notice had been given, the
trial could not have been held at
the time, the court says, 'fbut a
slight statutory regulation must not
stand in the way" The condition of
Abbeville at the time is clearly
shown, Mr.. Cothran says, when af-
ter a verdict of not guilty had been
directed as to John Gossett the de-
fendant had to be slipped out of
town for fear of violence.
In conclusion, the court says that
no reflection whatever is meant to