The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-03-01
MOTION FOR
new TRIAL
IS HEARD
Judge Shipp Reserved
lis Declsion and
axes Matter I'm
der Advisement

der viselnent
The molten for a new trial in the
casesof the State US. G. Wallace.
Wha sss convicted daring the Oc-
s tobsr term sef he General Sessions
Consiof an attempted criminal as
Saaalf on a young girl under four
! teen years of age and sentenced
during that term OF court to the
electric chair, was heard Friday
afternoon before Judge S. w. G..
: ss1ip7. The grounds upon which
the motion for new triaf rested
were founded upon a sworn affi-
J s5sSif by Newton 3. coeserin which
wastasen before A. ~. Holman, an
sssofney in Columbia, which was as
falzows: - a3s .
Personally appeared Newton
cockerill who being daily sworn,
says:
That the testimony .siven against
j Wallace at the October
fsrm Of court of general sessions
for Sumter county by himself, for
atEsmpfing criminal rayishing was
erroneous and wholly anfounded
ana was prompted by persuasion
and malice; and 6eponent further
) says that the complaints made 70
Elm hy was about getting
whipping and not about rape;
thaf Geponent Is hard sof hearing
and had been drinking on the night
Ri anesfio ion@and could not say posi-
fiYsE n hat happened :: that depon-
elt was shocked at the verdict and
cannot hold this. mans blood on
his hands any longer. and makes
this asRdavit OF his Own free will
end accord
sworn to before me this 18th
day OF Decembe D., 1921;
fSagned B. cockeriil.
Ws Holman, Notary Public
Tor South Carolina.
The following atfidaFits in sub
sanitation of the. motion for new
fssal were also read before the court
by the defendants counsel, Hardy.
Sash and Hardy and j.. d. Jen-
nisiss
Ike following afsdaYits were.
snDmftted by attorneys for j. c.
WaIlaee. -.
This is to: certify that about q
week age Newton Cockerih made
sn afndayit before me concerning
his testimony given for the state in.
HE case against -JJ.sCs Wallace for
TaIe or atfeaspted rape: deponent
appeared TO be. perfectly rational;
and appeared TO know what he
doing: / advised him at the
tsaas hat he wocfd be liable to
pEosecatieR for perjury for max
Ing said affidavit; he signed it after
saaSing been SO advised.
igned: "A. W. Holman, i. 8.
Nsagy Public fer South Carolina.
Personally appeased before me
W. e. Hatehell, who being duly
srorn says: That he, has heard
read ayer the affidavit of Newton
eNkerill signed and dated
EsBsaary 18th. Z 922.
FFsraf edeponent never bought any
Whfskey for cockerill. as alleged in
said asfidayit. and thar while the
sad Eocseriu was IN Columbia, de-
is6nent meyer gave him any swhis-
eEy npr did the said CockeriH ask
3vpoueist for any whiskey, nor was
{ any Mhiskey furnished him by any
person, so far as ,deponent knows.
That the said n. d. Cockecin, at
The Time he signed the affidavit be-
lore a. A. VI. Holman, was sober.
knew what he was doing. and the
said affidavit was read over by the
sid cockeril.. and he knew what
he was signing.
~. Fl. l3ATCHELI.
Sworn to before me this 2.th
day of February, 1922.
~ S. x. Nash, q. s.
Nofary Public far South Carolina.
Personally appeared before me
Airs. Bernice G. Wallace, who being
dnly sworn says: That she. has
heard read over the affidavit of y.
p. cockeriH, datss February Is.
i922.
That deponenf denies that she
eyer bought. or had any whiskey
bought for CoekeriH, nor did the
4 sasd Cockerili have any whiskey
when he went 70 Columbia. That
flle said Ceckerill was sober when
he left Sumter, and that he had
no whiskey during the trip, nor
,HSas any wiiskey bought. for him,
to deponent.s &noEledge while the
said CockeriiI was in Columbia.
Z That the said coekeriil came to de-
ponent during early part 6f De-
cember, 1921, and told deponent
that he had been TO see Mr. Wal
lace, and had talked with Wallace,
and thai he had told Wallace that
His testimony given at the trial
? Mas false. and that he desired 10
correct II, as he did not wish the
blood of an innocent man on his
hands: but that he, Cockerill was
scared 10 make ar affidavit before
any officer In Sumter. as the matter
would become known. and would
cause him, Cockeriil, trouble. Thar
dsponent was going 10 Columbia TO
GET board for her daughter. Mo-
zefle. so that the said Mozelle
could attend school in Columbia
and stated 10 Cockerin that he
could go along with deponent. and
+he affiaayif c0rfL1 zi,t. made il,