The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-09-23
'G0SSETT'S BAIL
FIXED AT $4,000
JUDGE COTHRAN GRANTS PRIS-
oNER's RELEASE. PENDING
NEW TRIAL AT A FUTURE
TERM OF coURT-coNvIcTED
IN APRIL, 1920 IN ABBEvILLE.

Kenneth Gossett of Honea Path
convicted at special term of cour
held at Abbeville court house ii
April, 1920, of criminally assaultini
a young girl, was Wednesday ordered
released on bail by Associate justice
Cothran of the Supreme Court. Th'
amount of the bond is $4,000. A few
days ago the supreme court handed
down a decision ordering new tria
for Gossett, and the courts order o!
Wednesday sets the defendant free
until the time when he shall be triec
again. .' .,..'
In announcing his decision, Justice
Cothran said: Ga,
"The right to bail is constitutions
al right, limited only by the provis'
ion of the constitution that it shall
not be granted in capital cases when
the proof is evident or the presump.
tion great
= 81 do not think the result of the
former trial and the sentence of the
court therein is entitled to any con-
sideration in the trial of this matter,
because defendant has appealed to
the Supreme Court to set the result
of the trial court aside and it has
done so. While the verdict and SEN
tence might have some weight with
the judge on appeal, as matter of
legal. effect the case now stands as if
it had not been tried. ,-,.. ...
"The question for determination
here is whether the constitutional
right to bail is destroyed in this case
by the exceptiens constitution
that It shalt not be allowed when
proof is evident or the presumption
great =. -. -
II am glad that il sis not allotted to
me to decide the question of fact as
to whether the defendant is guilty or
innocent. The question for me is
whether the proof is evident or the
presumption great Upon the investi-
CATION of this case when it was pres
ented to the Supreme Court on ap-
peal carefully read the mass of tes-
timony introduced at the trial, al
though I did not read it with the
view Of passing on the question now
before me. 1t is impossible to read
such testimony without being fafiil-
lar with its tenor and effect. -.
81 cannot say, because of the many
contradictions and inexplicable cir
cumstances in the testimony, that the
proof is evident or the presumption
great.
"The defendant is, therefore, en-
titled to his constitutional right of
bail. The court will now hear counsel
as their opinions as to the proper
amount Of bail to- be fixed" - |
The Greenville Piedmont Wednes-
day afternoon carried the following
account of the hearing
Within an hour after Associate
Justice T. P. Cothran had announced
his decision to grant Kenneth Cos
sett bail in the sum of $4,000, the
bond had been signed by eleven sure
ties, and Gossett had been released
from the custody of Captain Day of
the penitentiary guard. The bonds
men are, in addition to the defend
ant, j. E. knight, Jas. P. Knight, J.
c. Gossett, ]. E. Gossett, W. E. Cos
sett, A. W. Rogers, r. j. Gambrell,
Gross Mitchell, J. P. Acker, R. C.
Munroe and W. H. Garfield.
Justice Cothran's order directed /
that Gossett be released from Gus
tody upon the approval by the clerk /
Of court of Greenville county of the
bond in the sum of $4,000. Clerk of
Court Harry A. Dargan is directed to
certify the bond to the clerk of court
of Abbeville county.
AS the bond was signed and the or
Ter releasing Gossett from custody
vas handed to Captain Day, the
friends of the defendant crowded a.
'ound him, shaking his hand and con-
him upon being released.
iossett expressed his thanks to his
,ondsmen for what they had done