The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1921-02-17
GROUNDS FOR NEW TRIAL.
Court Rules That Wife is Entitled to
Attend Husbands Trial.

in the case of the state versus R. O.
Williamson, appealed from Bamberg
county, has been filed in the cffice Of
| the clerk of court. The supreme
court decision remands the case back
to the Bamberg county court for an
other trial on the ground that Will
liamson's wife, who was physically un-
able to be present at the trial, had
the right to be present at her hus-
bands trial for his life, and that, in
asmuch as she was unable to attend
the trial, the trial judge erred in
| forcing the case to come to trial at
that time.
1t will be recalled that Williamson
was tried for the killing of Ham
Brabham in the town of Ehrhardt. He
was convicted of manslaughter by the
jury and recommended to the mercy
of the court. The judge sentenced
Williamson to ten years on the public
works, whereupon the case was ap-
pealed to the supreme court. A num-
| Der of exceptions were filed in the
defendants brief, but consideration
was given to only one exception, the
sixth, which was:
"The court erred in forcing the de-
fendant to trial in the absence of
Mrs. Williamson, the most material
witness in the case of defendant, and
that the ruling that her affidavit on
the motion for bail was sufficient to
protect the rights Of the defendant
The court holds that a man is en-
titled under ordinary circumstances
to have his wife present when he is
tried for a capitol offence and that
the wife has the right to be with her
husband, and the intimation seems
to be made that this will hold even
though she is not material witness.
AS the decision is of considerable i'm
portance, it is given as follows:
The case had been continued at
previous term of court, but was not
on motion of defendant, so for all
purposes, practically, it was the first
time that the case had been called
for trial.
1T is an uncontroverted fact that
Mrs. Williamson was far advanced
IN pregnancy and, according to the
affidavit of her family physician, DR..
Fender, her attendance upon the
trial might operate seriously upon
her, in her condition, to attend this
trial wherein she would have to testl-
fy. It is admitted that Mrs. William
son was q most important witness
for her husband. The killing of
Brabham having occurred on accoNr
Of alleged opprobrious language
used to her by him a few days before
the killing, this being the inception
of the difficulty which led to the kill
ing, and she was present and witness
ed the homicide.
"Ordinarily person tried for
capital felony has right to have his
wife present at the trial, and the wife
has the right to be present. In the
instant case the wife could not be
present by reason of her physical IN
CAPACITY. She was the most material
witness her husband had. In meas
ure, she was the prime cause that led
up to the killing. She was present
and witnessed the killing. She knew
as much, if not more, about 1t tnan
anyone else, from its inception to its
end.
Mrs, Burnett was alleged to quote
Mrs. Williamson by saying: About
that time Mrs Williamson came out
of her bedroom and came toward us
and said he was going to Kill Ham
Brabham, and l looked up and saw
gun Later on she says: Mrs:
Williamson said get your pistol ana
finish him, he is not dead yet.'
Mrs. Williamson had no chance
to deny this, the only thing that MS
honor had admitted was her athdavlt
made when application was made TOR
bail. All this was highly preJudlclal
to the defendant. His honor was
manifestlv in error in not continuing
the case, on showing made, and un-
dor circumstances of the case, and
this exception must be sustained anu
new trial granted. 1t is unneces-
sary to consider the other excep-
tions."
The opinion was written by Justice
Watts and concurred in by Justice
Frasier and Chief Justice Gary. JUS
tice Gage did not participate.