Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1922-09-22
SENTENCE OF A MANSLAYER
Judge Smith Delivers a Remarkable
Lecture to Charles Ashley.
PAINTS The CRIME In CRIMSON COLOR
skillfuI and Intelligent Analysis of the
Crime Shows Where the Defendant
Tried to Manufacture Testimony and
Where He Lied.

Crime Shows Where the Derenoant
Tried to Manufacture Testimony and
Where He Lied.
Anderson Daily Mail
Freighted with the wisdom of many
years as circuit judge, one of the
most remarkable sentences ever heard
from the bench in Anderson county
probably was that of Judge Mendel l..
Smith who yesterday afternoon SEN
fenced Ernest Ashley, convicted OF
manslaughter and carrying concealed
weapons to a term Of imprisonment OF
II years. The sentence was concise,
significant of the emotions under which
the presiding judge had labored in
forming his conclusion, and dramatic
scene was enacted as hundreds Of peo-
pie listened spellbound for the pro-
nouncing of the fate of Ernest Ashley.
Following are some extracts from
the remarkable sentence pronounced
by Judge Smith:
"Mr. Ashley, this is the most painful
duty that / have had to perform in
many day. / cannot recall sadder
moment during the time l have spent
on the bench in the discharge of my
duty as a regular judge as right now.
In my long public career in this state,
I have come in contact with several OF
your kinsmen. My private secretary,
when was member of the house OF
representatives, fine gentleman and
good man, who later became the
clerk of court of this county, was
relative Of yours.
During the time 1 was in the house,
I was thrown in close touch with
another Of your kinspeople, Uncle
Josh Ashley, as he was Familiarity
known.
Ashley, you are extremely fortunate
| in the verdict of that jury. They could
have easily found you guilty Of muir
der and while I would not have per-
mitted them to have taken your life,
certainly would not have disturbed the
verdict had the jury found you guilty
Of murder with recommendation to the
mercy of the court. The jury has seen
fit to take a very lenient view in your
case.
snow, am going to address myself
to your inner SELF that great, big some
thing inside a man that tells him righ,
from wrong, and | want you to silently
ansl, er the questions that | am going
to ask you. Not out loud, but let youi
conscience answer them. Ashley, tc
begin with, l have the utmost conf
dence in the testimony Of the little boy
who was playing on the bascoai
ground and overheard that converse
ton out near the signboard. tell you
Ashley, if Hughes friends had tried t'
manufacture evidence, they wouldn'
have gone to a little hey, who nigh
break down under the Apprehension O
cross examination and given the whol'
plan away. / attach considerable I'M
portance to the statement that httl'
boy made, and l believe the jury il
YOUR case put full credence in it. Mel
rarely seek out little boys and hav'
them take part in a hatched-up story
for the risk is too great. Boys the ag'
of that little fellow, when they come
into court, come to tell the truth ant
| believe this little fellow did tell it.
81 am telling you these things be
cause / don't want you, to have an.
grievance against the law. l want yo1
to feel that there is justice in what
am going to do, and if you will asi
your conscience and answer the ques
tions l am going to ask you. you VII
feel there is whether you say so
not. Of course, you have made eX
cuses for this killing, and it appear
natural that you would: 1t seems I
me as | would let my mind revert t
the scene of lifeless body being car
ried to a bullet made widow, who's
screams would beat against my ears
no power this side of heaven or he
could keep me from making some eN
cuse.
MUCK has been said in this case i
an effort To solve why Hughes too
; out his gun. There is no doubt in m
mind that Hughes did remove hl
pistol from his side; the chief Of polic
, was standing there and he says h
took it from his left side with his LEI