The hearing on the motion for a new trail in the Epes case will be held tomorrow morning in General Sessions court, Solicitor T. Pou Taylor of the Fifth Judicial Circuit, stated in open court today, and Judge Arthur Lee Gaston of Chester dismissed all jurors except those hearing the Timmon’s case this afternoon until 11 a.m. tomorrow.
The hearing will mark another defense effort in behalf of Lieut Samuel C Epes, 27, of Fort Jackson and Richmond, Va., who was convicted in court in September in the “suffocation and poison” death last January 28 of his wife, Mrs. Mary Lee Williams Epes, 25, whose lifeless body was recovered February 14 in a shallow foxhole grave at Fort Jackson.
State Senator Edgar A Brown of Barnwell, chief defense counsel, made the motion for a new trial. His arguments will be made before Judge Gaston, who will rule on the motion.
The first week of court will conclude tomorrow and up to the afternoon recess, today, the court had cleared 45 cases from the docket.
A bench warrant was issued in court today on order of Judge Gaston for the appearance of Miss Annie Mary Timmons of Monroe Street, who was not in court at the time her case on an indictment charging house breaking, with intent to commit a crime, was called.
Deputy Sheriffs Wade H Rawlinson, Thomas R Scott and City Detective George A Fulmer , went to the Timmons home, and she returned to court with them, and the case went into immediate trial.
The first witness called by the State was Capt. E. L. Faust of New Orleans, La., with the 1158th Engineer Combat group, who since last August has rented an apartment from Miss Timmons at 208 Sims avenue.
He testified he had paid $28.50 per week for rent of the three-room apartment and bath, and that later he offered $55 per month, which he said the OPA informed him was the ceiling rental.
Later, he said he received a magistrate’s notice to leave, but did not do so.
On September 19, according to his testimony, certain articles of furniture were moved from the premises.
The state prepared to call G Raymond McElveen, OPA attorney, Area Rent Director Rickman, and other to the stand after the noon recess today.
The jury was seated in the case after the state had issues two challenges and the defense six.
In other cases today, Judge Gaston sentenced Charles McIntee, 37, of 2119 Barhamville road to 12 years after McIntee entered a plea of guilty to manslaughter in the shotgun slaying October 18 of Ned Robinson.
Jesse Stark, Jr., 31, of 1015 Tree street, drew ten months’ sentence, after entering a guilty plea in taking a $35 bicycle owned by G. Raymond McElveen, Columbia attorney.
John L Goodwin, 31, of 1521 Reed Street, received a suspended 10 months’ sentence and was placed upon probation for two years, after entering a guilty pleas to taking two automobile tires at a tire concern at 409 Gervais street. His past good record was considered, Judge Gaston said.
Frank Thomas entered a guilty plea to assult and battery of a high and aggravated nature in striking J. P. Myssen last August 28 at 2344 Taylor street. He drew a seven months’ sentence, or alternative $500 fine.
Henderson Nathan who entered a guilty plea to possession of unstamped corn whiskey, paid a $20 fine.
In the case of the State against Talmadge Goff, charged with assault and battery with intent to kill, a jury returned a verdict of guilty and sentence was sealed. The defendant was tried in his absence.
Goff, who served in the European war theater, and his brother, Mendel Goff, who is also now in the service, were charged with having beaten Murdock Williams, a taxi driver, here last July 20 on Dreyfuss street. The case against Mendel Goff was placed on the contingent docket.
Mrs. A. F. (Betty) Hayes, who appeared in court holding her young baby, entered a plea of guilty to taking various household articles in October from the home of Mrs. Maude Elders of No. 10 South Assembly street. Solicitor Taylor announced in open court that no case existed against A. F. Hayes, the husband, who had been named in the same indictment. The announcement automatically cleared Mr. Hayes of any connection with the case.
Judge Gaston deferred sentence and referred the matter to the attention of the county welfare department.
Driggers Case Postponed
The J. O. (Mose) Driggers case, scheduled for today, has been postpone until next Tuesday, Driggers was indicted for murder in connection with the October 20, 1944, slaying at a night club of Jack R Gossett of Two Notch road.
After Horace T. Jacobs, grand jury foreman, appeared twice in the courtroom yesterday afternoon to gain information from Judge Arthur Lee Gaston, of Chester on reduction of charges, the grand jury changed the indictment against Otis Lee, 17, of Dentsville, from murder to involuntary manslaughter.
Lee, who allegedly struck Carl Robinson, August 19, at a lunch room on Gervais street, drew a suspended sentence of one year, being placed on probation for five years. The Lee youth struck Robinson after the latter cursed him, witnesses testified. Robinson’s head hit the floor and he died later at the Columbia hospital from a cerebral hemorrhage.
Arthur Reese, 23, of 913 College street, was sentenced to 15 months yesterday afternoon by Judge Gaston following his conviction earlier in the day of attempted robbery, last May, upon Titus Tucker of the 1100 block of Pendleton Street, Norman Jones, 29, of 1019 1-2 Park street drew one year for the same offense. The two men were convicted after a two-day trial.
Robert Murray, 32, of 2428 Reed street, drew a six-year sentenced yesterday afternoon from Judge Gaston, in connection with the death last March 24 of his wife, Ella, 31. She was beaten to death with an iron pipe wielded by Murray, and had a rifle in her possession at the time of her death, witnesses testified.
Dan Austin, the 53-year-old painter who shot several times November 3 at Deputy Sheriff J. D. Dunnaway, drew a year-sentence yesterday afternoon, after he entered a guilty plea to an indictment charging assault and battery with intent to kill, and carrying a deadly weapon.
Austin fired at the officer who had attempted to question him about some fish take from O. E. Goodwin of Columbia.
Also schedule for today was the case against Frank kThomas, indicted upon a charge of assault and battery with intent to kill, in allegedly striking J. P. Mayssen, aged 80, at 2344 Taylor street, August 28.