State v. Clardy

• Decision Date: 27 February 1906
• Citation: 53 S.E. 493,73 S.C. 340
• Parties: STATE v. CLARDY et al.
• Court: South Carolina Supreme Court

53 S.E. 493

73 S.C. 340

STATE v. CLARDY et al.

Supreme Court of South Carolina

February 27, 1906

Appeal from General Sessions Circuit Court of Laurens County; Klugh Judge.

Coogler Clardy and Dick Davis were convicted of manslaughter, and appeal. Affirmed as to Clardy, and reversed as to Davis.

Ferguson & Featherstone, for appellants. R. A. Cooper and W. R Richey, for the State.

JONES J.

The defendants, indicted for the murder of Chris Herron, were convicted of manslaughter, and sentenced each to seven years in the penitentiary.

On the 19th day of March, 1905, at Bethel Grove Church, in Laurens county, Chris Herron received a pistol-shot wound from a pistol fired while in the hands of Coogler Clardy, from which he died about two weeks later. Coogler Clardy claimed that the shooting was done accidentally while he and the deceased were engaged in a friendly struggle over the possession of the pistol, while Herron was trying to take the pistol from Clardy's pocket, with no intention on the part of either to fire the pistol. The testimony for the state tended to show that in the woods near by the church a party of negroes were engaged on Sunday, the 19th day of March, 1905 in gambling with cards, and drinking liquor pretty freely. The deceased, Chris Herron, and Jim Fuller, were partners playing against defendant, Dick Davis and George Fuller. During the progress of the game, Dick Davis charged Jim Fuller with making a misdeal, and a dispute arose. This quieted down, and they began to play again. About this time a message was sent by defendant Dick Davis to the defendant Coogler Clardy, who was some 200 yards away at the home of Addie Henderson, some witnesses saying that the message was, "Come up here, these damn negroes are trying to run over me"; others said that the message was, "Come on and bring my liquor." Then another misdeal was charged, and the game ended in a dispute between Jim Fuller and Dick Davis, in which Dick Davis attempted to strike him with a small walking stick, but Jim Fuller got out of his reach. About this time, or just previous to this, the defendant Clardy arrived on the ground with his hat off, and, as some of the witnesses testified, with his pistol in his hand; others, however, said his pistol was not in his hand when he arrived. We take the following extracts from the testimony of the eye-witnesses.

Jim Fuller testified: "Q. What trouble did you have? A. The trouble we had, the first game we played me and Chris beat the first game, and on the next game we made four and they made one, and then Chris, the cards were dealt to him and he stood the cards and Dick came up with a misdeal, and I seed him when he slipped a card--me and Chris both seed him--and he said it was a misdeal, and I told him no such thing, and he told me it was a damn lie, it was, and then another one back. I says, 'That is all right, Dick.' I says, 'I won't give you no damn lie back.' He says, 'By God, you need not do it.' By that time Chris spoke and says, 'You all quit your foolishness.' He kept on at me to go and play. I says, 'I will just quit now.' As soon as I said that Dick, he ups and says--he didn't call nobody's name, but says, 'Some of you go and call Waitus'--Q. Who is Waitus? A. I don't know what he goes by; he stays at Gray Court. He said to tell him to come up there, those damn negroes were trying to run over us. Q. Who did he send for to come? A. Waitus. Q. Who went for him? A. Waitus. Q. Who did Waitus go for? A. He went for Coogler for Dick Davis. Q. Did Coogler come? A. Waitus went and they were so long coming Pete Williams, he went, but after awhile, after Pete left, after awhile Coogler come up through the woods with no hat on his head and his pistol in his hand; he come running up there, and when he got to where he was he wanted to know who in the hell was trying to run over Dick Davis. I says, 'Nobody, shut your mouth.' He asked me then who was that talking to him. I says, 'Jim Fuller.' He looked down on me then and says, 'Is that you, Jim?' I says, 'Yes.' He says, 'Well, by God, I wouldn't hurt a hair on your head.' Then he asked Dick again who in the hell was trying to run over him. Chris says, 'Coot, quit so much of your foolishness,' and Coot asked him what in the hell did he have to do with it, and he told him nothing, and he told him that, and he just walked up to him and shoved him back and he shoved Chris back, and Chris told him, 'Don't be shoving me that way,' and before he could get straight he run his hand in his pocket and jerked out his pistol and shot him. Q. What was Chris doing, nothing? A. Nothing. *** Q. What did Coogler do after he shot him? A. When Coogler shot him Chris slapped one hand right here and the other one here (indicating), and says, 'Coogler, you have shot me, and you know I never did bother nobody,' and he walked off a little piece and went to get down, and Coot threw his arms around Chris's neck and says, 'I wouldn't have done this for nothing.' I says, "Coot, what did you shoot Chris for?' He says, 'I don't know, Jim; I don't know what I shot him for.' Q. Where had Coogler been after the shooting before he came back and said to Chris, 'I wouldn't have done this for anything?' A. He had not been anywhere. Q. Had he walked about any at all? A. No, sir; he had not. Q. Did Coogler say any thing to you after the shooting that day? A. No, sir; Coogler didn't; Dick did. Q. What did Dick say? A. After the shooting had taken place Coot and Dick went on out through the woods. They were gone about five minutes, as near as I can come at it, and come back together and told me to come there. They come as near to Chris as you is to me and told me to come there. I asked them what they wanted. He says, 'Come here.' The money me and Chris had won from Dick he had taken it, and he offered me the money back, and I told him I didn't want it, and he put it in my pocket and says, 'Jim, here, I will give you a dollar to stick to me and Coot, and I told him I didn't want no money, and turned around and walked off, and while I was standing there Coot's pistol dropped out of his pants on the ground, and Dick picked the pistol up and said, 'Come on, let's go,' and they put off back down towards the church. Q. Dick and Coot? A. Yes, sir. Q. What did Dick Davis have in his hand that day? A. A stick. Q. What did he try to do with the stick, if anything? A. He drawed it on me twice. Q. What did he say when he drew it on you? A. He was cursing me and daring me to curse him back. Q. After Coogler had shot Chris Herron, what did Dick say to you? A. After he had shot Chris, when Chris went and lied down and Coot went with him, he went and cotch hold to Coot and told him to come on; 'Let the damn son of a bitch go.' Then after he done that he went up in the woods and come back and spoke what I said."

Pete Williams testified: "Q. Were you a looker-on? A. Yes, sir. Q. You were taking no part in the game? A. No, sir. Q. Did you hear any fuss between them? A. Yes, sir. Q. Tell us about it. A. Well, they were gambling, and as far as I heard they gambled a while, and Dick Davis rose up with a stick and 'lowed to Jim, 'God damn your soul, you have been making a misdeal; if you don't play me square I am going to get up and quit.' Q. Who said that? A. Dick Davis to Jim Fuller. So they set back down and went to gambling on, and Dick Davis called this here Waitus Morris and was talking to him and Waitus went down to Addie Henderson's and stayed a long while, and he says to me, 'Pete, you go to tell Coogler to come on and bring my liquor, and I will give you some of it.' I went on down there and met them out down the path, and come on back with them. Q. Who did you meet in the path? A. This here Waitus Morris and Coogler Clardy. I come on back with them and got mighty near there and they stopped and went to talking, and I seed Coogler go in his inside pocket and put a bottle of liquor in there, and take his pistol out and hold it on his side, and went up to the crowd and said, 'Who, in hell, is that after Dick Davis?' They said, 'Nobody; go ahead on about your business.' Q. Who said that? A. Jim Fuller. And then the row sort of started, and about that time Coogler stepped off and Dick Davis jumped off and said, 'You God damn son of a bitch, you been making a misdeal; if you don't give me my money back I will beat hell out of you,' and they got to going around a tree, Dick after him with a stick. Q. Who was he after? A. Jim Fuller. And Coogler walked back up there and says, 'Jim, you are in the wrong,' and Chris got up and said, 'You are in the wrong,' and pushed him back, and Coogler says, 'God damn your soul, don't fool with me,' and pulled his pistol and shot him. And Dick Davis says, 'Yes, that is the way to plug it to a God damn son of a bitch,' and Jim got scared and handed up the money, and Coogler said, 'Chris I wouldn't have shot you for nothing'; and he looked like he was going to die. Q. What was Chris doing when Coogler shot him? A. Nothing."

Allen Parks testified: "Q. Were you playing? A. No, sir, I wasn't playing. Q. You and Pete Williams were looking on? Yes, sir. Q. Tell us what took place during that game? A. Well, they were playing, and they all got up a dispute about something. Q. What was the dispute about? A. In the game, something about a misdeal; that is, Dick and Jim Fuller. Dick, he sends up for Coogler to come up there. Q. Who did he send? A. Waitus. Q. Waitus Morris? A. I don't know, sir; Waitus, all I know is Waitus. Q. He sent after who? A. Coogler. Q. What did he tell Waitus to tell Coogler? A. To tell Coogler to come up there, the negroes were trying to run over him. Q. What negroes were trying to run over him? A. The Henderson negroes. Coogler come up there. Q. Before Coogler came...