Greenville, S.C., Aug. 31—Tom Harrison was found guilty of manslaughter at 11:47 o’clock this morning by a court of general sessions jury that deliberated nearly 18 hours on the case of the former club owner of Greenville, who was tried for alleged murder of his wife, Mrs. Gertrude Harrison, in his home the night of December 10, last year, when Andrew Young of Lexington, N.C., also was shot four times.
Counsel for the defendant immediately gave notice of an intention to appeal to the South Carolina Supreme Court for a new trial. The penalty provided by the State law for conviction of manslaughter is imprisonment in the state penitentiary, or on the chain gang for a period of two to 30 years at the discretion of the presiding judge.
Judge R. Withers Memminger did not announce when he expected to impose sentence upon the prisoner. Harrison, pale of face when the verdict was read, made no comment and was remanded to his cell in the county jail, where he was confined at nights during the trial, but was at liberty under a $4,000 bond before the arraignment.
Two hours before the verdict was reached, the jury reported that the members could not agree. Judge Memminger inquired if it was a disagreement over law or facts, and when informed that it was a question of facts, he gave additional instructions covering the case thoroughly. He ordered the body to retire for further deliberation, and reminded the 12 men that he kept a jury locked up in Barnwell county five days and five nights. He cautioned them that if there was any one man who was determined to find a verdict, he would find it out, and would deal with that man, but added that no juror could give up his honest conviction based on the evidence and the law.
The defense carefully laid the grounds for an appeal in the event of conviction. A number of exceptions were noted by Harrison’s counsel, especially with reference to the exclusion of statements made by Mrs. Harrison after she was carried to the hospital. These statements are said to have indicated a friendly attitude toward Harrison, but were excluded by Judge Memminger on several grounds, among them that they were not part of the r4es gestae, or the transaction immediately following the shooting and that they could not be admitted as dying declaration since Mrs. Harrison did not believe she would die. The defense contended that, since testimony indicating a hostile attitude toward her husband on the part of Mrs. Harrison after the shooting was admitted for the prosecution, then testimony showing a friendly attitude should be admitted as a corollary also. Council for Harrison announced this afternoon that a motion for a new trial will be first made before Judge Memminger and that if this is refused, it is the defendant’s intention to appeal to the Supreme court.
From the front page of The Charlotte News, Aug. 31, 1921
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