The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-10-28
JUDGE PRINCE
0VERRULES
GOV. HARVEY
Anderson Man Whose
Parole Was ReVok-
ed by Governor Re
leased by Order Of
Court

Court
Anderson, Oc... 24.-Reed Shaw.
whose parole from the state pen
itentiary was revoked by Govern
or Harvey, is today a free mar.
He was released from custody
iwhen Judge Prince rendered his
decision at the habeas corpus pro-
ceedings heard this morning, de-
Gliding in favor of the petitioner.
Shaw. The decision of Judge
Prince is one Of far reaching i'm
portance and will likely affect sim
liar cases in both this state and
o.her states.
Judge Prince granted the order
upon two grounds:
First. he declared that Governor
Harvey has no authority to revoke
parole. especially so without a
hearing of the defendant.
Second, there was distinction
between conditional pardon and
parole. numerous authorities in
the state holding that the time q
convict is out on conditional pa
don is suspended and does not run.
But. in case of a parole. the pris-
. oner is released from service and
his sentence continues to run the
same as if he were serving the
time in the penitentiary.
Under the second ground on
which the decision was based.
Shaw,s sentence expired long ago.
Judge Princes decision releases
Shaw and cancels the year and five
months time which Governor Har-
vey held he had yet to serve.
Solicitor L. W. Harris repre-
sented Governor Harvey at che
habeas corpus proceedings and de-
INJURED. His demurrer declared
! that:
| First, that the parole and reve-
cation of parole in this case were
both in the discretionary powers OF
the chief executive of the state OF
South Carolina and that this
court is without power to revios'
the proceedings.
Second. that the petition shows
.. on its face that even if the de-
fendant is entitled to his one-..ehto
time off, he has not yet served tas
remaining nine-tenths of the sem
tence. That in addition to the fore
going it is urged that the one
tenth time off for good behavior
is not matter OF course but the
! convict must show he is entitled
to same, which he has not done
The sheriff and solicitor made
affidavist to the effect that they re-
gard Shaw as one of the .cSss,
dangerous and violent men IN the
county. The state further con-
tended that Shaw has not kept the
conditions Of his parole. he having
many charges against him now
pending in the court of general
sessions for Anderson county for
violations of the criminal laws OF
the state. the demurrer declared.
In absence of the official order
of Judge Prince releasing Shaw,
Governor Harvey would not make
a statement as to his probable
course of action. but from his con-
versation on the case yesterday
afternoon it is believed that he will
take some action. The governor
expressed great deal Of sur
prise at the action Of Judge
Prince and was at loss to un-
derstand how judge could release
prisoner under the existing cir
cumstances.
The chief executive talked over
the telephone with Solicitor Har-
ris and the solicitor told him ne
would do everything possible in
representing the state. Mr.. Har-
ris forwarded the official papers
last night and they will be On the
governors desk today.
Governor Harvey was OF the
opinion that the habeas corpus was
a mere matter of form ana that the
Judge could not possibly release
Shaw, he having been advised to
this effect. The parole was grant
ed by the executive and revoked
by the executive and just where
the judiciary comes in is a rather
delicate problem to solve. it WAS
talked generally yesterday after
| noon.
Solicitor Harris said that in An
derson the action of Judge Prince
! had caused surprise and was the
general topic of conversation there.
Old King Coal has abdicated.
bing him of about sS.o0o.0oo a
week. which is the advance in the