Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1922-11-24
Friday, November "a, 1922.

they had a ghost of n chance to win
this case they would have made no
proposition.
Governor Blease knows that in this
case he has met his Waterloo. Merely
because a newspaper he's published
facts is no reason for a change Of
venue. The Charleston News nd
Courier and the Columbia State have
published articles giving practically
the same facts that the county news
paper published.
There Is no evidence submitted here
of undue excitement and there Is no
evidence here that published articles
have inflamed the people Of York
county.
Affidavits Offered.
At this juncture affidavits were Of
fered by the following citizens Of
York county stating that in their res
pectfve opinions there was no reason
why the defendant could not obtain a
fair trial at this term Of court:
]. w. Smith, S. A. Sifford. C. N.
Alexander, Fred e. Smith, A. L. Black,
J. H. Cain, r. L. Wilkerson, D. c.
Clark, T. E. McMackin, R. E. Steele,
Fred c. Black, D. T. Quinn.
Every statement in the newspapers
relative to this case will be substan-
tiated by sworn testimony of wit
nesses," said John r. Hart, Esq, in
opening his argument resisting the
motions of the defense.
Mr.. Blease arose to interrupt saying
that certain acts attributed to FAIRIES
relative to his earlier life would not be
borne out in the testimony because
under rules of evidence they were not
competent.
The state asks that the defendant
be ried in York county by a jury Of
his peers. So far as newspaper articles
about the case there has not been a
single statement in any newspaper
article relative to the case that was
untrue and that was not based on the
facts. There has been no excitement
and no demonstration against the de-
fedant and in my opinion it would be
a reflection on the people Of York
county to try the case elsewhere"
No Denial of Killings.
There has been no denial that
FAIRIES killed four and wounded two
Others" said Thos. F. McDow who
made the closing argument for the de-
fense on the motions "The human
conscience of the county has been in
famed by the atrocity Of the crime.
Newspaper articles about this case
have been repeated twenty, thirty and
forty times. The defendant has been
repeatedly referred to as Fighting
Bill His father has been accused OF
being vile Republican, all this incom-
petent matter having been repeated day
after day and week after week. He has
been tried on rumor. There has been
talk of him getting away with this
thing. These things have been repeat
ed until it has soaked into the, public
mind and bears the stamp and charac-
ter of evidence. 1t will be a sad day
| when people are convicted on news
paper reports.
1--WE have offered to submit plea in
the case as associate counsel has
stated. We do not desire to indulge in
dilatory measures. We have only asked
for the life of this old man. The state
would suffer no injustice by going to
some other county with this case. 1t
is possible that newspaper reports
might have biased people unconscious
| ly
"But nothing but blood will satisfy
the public conscience. is the reply. We
have had no money for examinations OF
this defendant relative to his sanity.
We have had time; but not means. If
he is to be rushed into trial then the
victim is ready. But for the sake of
his children, his grand children and
the Christian religion we think our
motions should be granted"
Motions Refused.
There are no afhdavits to show that
public sentiment is so aroused because
of newspaper reports that the defend
ant could not obtain fair trial in his
county" said Judge Peurifoy in refus-
| ing the motions. ut is fact that much
1 newspaper publicity has been given the
case; but it is fact that the county
newspaper has published nothing that
has not been published in the dailies..
People everywhere who read have read
the accounts.
II have been here since Tuesday
night and 1 have never seen a more
orderly people anywhere. Council said
last September that the defense would
be insanity and that the defendant
would be ready for trial in November.
There has been plenty Of time to pre-
pare a defense. Therefore both the
motion for change of venue and that
| for a continuance are overruled and
the prisoner will be brought to trial in
the morning, at $780,"
-&