NO DECISION REACHED BO FAR JURORS DISAGREE IN I CHKSTNUT CASE. JSO Farther News "Will Be Heard From Jurj' Until Today. .Evident ly a Misfcial. a ??* *****?* ? * J^iry S?11 Out. * * The jury* in the Chestnut case * ? went out at 4:10 yesterday after- * * booh. Up to twelve o'clock last * * night?eif ht hours after leaving * ? * the court room?they had not * * agreed up< -n a verdict. According * * to the ins-ructions of the Court * * if a verid t is reached before * * morning i, will be announced in * * Court thii morning. * *#'*?****?** The fate of R. Chestnut, who has now been or trial three days for the murder of V. R. Sabin, is now with ' ? the jury. f unrest was noticeable. Throughout the trial it was appre hended that. Mrs. Chestnut would be placed on th e stand, but neither side called her. At different times it ap peared that >oth sldds wanted her on the stand, bit neither wished to risk iL The pnsecution when objecting to allowing Chestn-it to state what his wife tolc declared that she was in call and the defence could get her if it wanted. Towards the closing hour of the testir tony Thu *sJay afternoon the defence in reply to something being said a bout an affidavit of Mrs. Chestnut, dared the prosecution to call her. I Standing tear the prisoner was his sixteen yea' old son, Artie on the three days' of the trial. The first day two of l .is younger children were ?with hfm fo:' a brief time, and on the seoond day his daughter was pres ent for a tir ,e just preceding her tes timony. I round the table of the prosecution were the two brothers of ^the dececsea, Messrs. Roy and A. S. Sabin, k little back was the un cle, the only eye witness of the shoot ing besides .he two principals, Mr. C. E. Cunningham. ' Throughout the entire trial the court-room was crowded. No trial in some tine has attracted such a crowd and :eld them. At times the witnesses sjoke low, and it was dif ficult for evi?n those inside the bar to hear what they were saying. The presiding ; udge, J. W. DeVore, of JSdgefield, cept things moving and' ruled promptly on several questions which -fell tJ his lot to decide. In our 1; st Issue we* gave a full Synopsis of the witnesses who were examined Wednesday, and today fur ther in this article we give a synopsis of the testii iony of the witnesses ex amined sine i then. The two versions of the difficulty given by the dying declaration of Sabin and the testi mony of Cunningham differs from j that given by Chestnut. Below we present the case made out by each side relating to the shooting: The State. After hadng established the pre liminary ste ps, such as tracing Chest nut going t> the Dixie Lumber Co., and leaving it after the killing, the prosecution brought forward the only near-eyewit less of the tragedy out side of the iricipals concerned. C. E. Cunninghan who was working that morning ne ir the office. He said he heard a sh< t and upon entering the office saw ( hestnut standing at one end of the i esk a pistol in his hand, end that Sabin was getting up from his desk whm he entered. He (Cun ningham) remonstrated with him while Sabir asked for an explana tion, but Ch sstnut threatened the old man, and si ot the second time at Sa bin. At this time Sabin rushed Chest nut and pui hed him over some lum ber. While they fell with Sabin on top of Che tnut the fatal shot was fired. A. S. Saldn brother of the dead man, testified that he wa3 with his brother at he time just preceeding his death, a ad told his brother when they saw be was dyins that they ought to ha/e had his statement. His dying brother repeated the statement in which he declared that he greeted Chestnut w len he came in and then the defend mt withomt explaining shot at him Still asking for an ex planation C lestnut fired at him the second tim< and the dying man de clared he n shed him. When read a clipping frc m a paper charging in timacy wit'- Chestnut's wife the wounded lean declared "there's no truth in th it story." This was the j prosecution's casp in brief. The Defence. The deffv ce's vp-sion of the afair is this: Having introduced several witnesses st iting tint Sabin was se?n with the defendant's wife on several occasons (tue whole of which can be seen in th; more detailed account of the testimony further in this arti cle) Chostn it was warned by a fm-vl to watch h s home. Now from t>? testimony cf the defendart himself, whose testimony differs wry mater ially from t;iat of the dying man and Cunnlnghar 's, it would seem that having found proof of his wife's* in fidelity, he vent to the office of Sabin to warn h m about coming to his home any more. But Sabin, de clares Ches nut, cursed him and then shot once, and after more talk the epithet was again usfd and Chestnut fired the second shot. Then while endeavoring to shew Sabin the let ters. Chestnut declared that Sabin rushed him and his head butted the wall when they fell over. It was then that the fatal shot was fired. This as will Le seen dl?fers from the story of the dying man and Cun ningham. The prosecution offered in rebuttal of the testimony telling of alleged relations of Sabin and Mrs. Chestnut witnesses impeaching the truthfulness of those who testified about it. 9 As it is the result of the trial hinges upon two or three facts which the jury must consider and return a verdict according. First, did or did not Sabin ruin Chestnut's home. Sec ond, did or did not Sabin write the note found behind Chestnut's gate the morning of the shooting. Third, which is the correct story of the kill ing: that of Sabin as corroborated by Cunningham, or that of Chestnut. Then also the fact that the defence claims that two letters implicating. Sabin were found in Mrs. Chestnut's j trunk and which two letters Miss Adine Chestnut declared her step mother burnt must also be taken in to consideration in deciding whether or not Chestnut had sufficient provo cation for the act he. did. Another fact wheh the jury will also have to consider is that Sabin was unarmed and-that Chestnut fired two shots at him before he took any part in his own selfdefeuce. 'lhe fact that the third shot was fired 'while Sabin was on top of Chestnut does not give Chestnut a case of self-defence, for he had already shown that his inten tions were to kill Sabin, and had twice tried to carry out that inten tion. Testimony of Defence. In our last issue we gave the tes timony in detailed.form of the wit nesses examined Wednesday. Today we present the testimony of the wit nesses examined Thursday. Follow ing is the testimony: The first witness Thursday morn ing was Luther J. Smith cf Bow man. He testified that he passed Chestnut's house one Saturday af ternoon about ten days before the shooting and saw (while he was walking: his horse on account of a sand bed) Sabin come in Chestnut's yard, speak to Chestnut's daughter, and then walking up to the door rapped. Mrs Chestnut came to the door, and he did not see-any more. Did not tell. Chestnut about this be fore the shooti?c?^. W. F. Rast, sworn, said he mar ried Chestnut's wife, sister. He said he had seen Sabin 'at Chestnut's house several times. On the 23rd of March .while in front, yard saw Sabin and Mrs. Chestnut sitting on sofa in parlor, and Sabin's arms were around Mrs. Chestnut. . Although a brother-in-law he did not think it his duty to tell Chestnut about this before the shooting. Told his wife however. P. M. Rickenbaker, next called, de clared that he saw Sabin step inside Chestnut's gate about dark the eve ning preceeding the killing and ap parently hide something. Spoke to Sabin and greeting was returned. T*wo weeks before had bean going to Sprinkler's mill and saw Mrs; Chestnut on Palmetto street walking towards Railroad avenue. Later up on returning from the mill he saw Sabin and- Mrs. Chestnut standing talking on the corner of Palmetto and Railroad avenue. Witness was on Mr. Saul's piazza and could see the two talking. Chestnut, the de fendant, then came from the direc tion of the depot and Mrs. Chestnut ran towards her home and Sabin down the railroad track. Witness did not tell Chestnut anything about what he saw. Benj. C. Rast, 6worn, said he also saw Mrs. Chestnut on the corner of Railroad avenue and Palmetto street. Corroborated Rickenbaker's state ment in that particular. Told how one afternoon just, before sundown he heard noises in a barn in Chestnut's yard and upon opening the door saw Mrs. Chestnut and Sabin standing in there. Said that next day Sabin of fered him $5 to keep his mouth shut, which he refused but told Sabin he had better be careful. Didn't tell Chestnut anything about what he had seen. Mrs. Willie G. (Ada) Smith testi fied that she knew both Sabin and Mrs. Chestnut well. Had often seen the former with Mrs. Chestnut. Ask ed to relate specific times related how once she had run in the Chestnut house for water and Ufrs. Chestnut opened the door into Adine Chest nut's room, in which witness declared Sabin and Mrs. Chestnut was. Anoth er time saw the two talking together on the back steps of Chestnut's home. Miss Adine Chestnut was then called. She is fourteen years old and a daughter of defendant and his first wife, being born in Horry coun ty. Lived with her grandmother af ter mother's death until coming to Orangeburg to live with father and step mother. Knew Sabin three or four months before killing. Had seen him at her home. He was there the Saturday night before the killing and asked for her step-mother. Told him she had gone down street. She declared that on the morning of the shooting she heard conversation go ing on between father and step mother. He bad left without eating breakfast. Came back home after th? shooting and changed his blood-1 stained coat for a clean one. Saw several letters fall out of Chestnut's pocket, whhb her step-mother picked up and burned. What Chestnut Says. Robbie Chestnut, the defenamt, being placed ur>on the stand said: Tie was tMr?v-elgat yrars old, hrd :>ncn married twice. First time :.n Horry county and h?d two children, ; Artie, a boy now 18, and Adine. a g!rl now 14. Married present wife in September, 1003, one yer^r after bis fiift wife's death. He had had busi ness transactions with Sabin which had always been pleasant, iso*'? rime before shootins: was told by a friend to watch his house; that Sabin was going thero too often. Told friend to say nothing and he would cry and catch un with it. Htd seen his wife talking wirb Sabin at the ci rner and noticed her when she ran. She pretended to have been bom* some time, but witness saw her go in the house after leaving Sabin. About three or four days later upon coming home one afternoon his wife: told him thas someone wanted to see him in the back yard, and he started around the house. Hearing a noise in the house he returned to the front to see Sabin leave through the front. On the morning of the 25th, he went in the yard to feed his horses, and after doing so walked around and came in through the front gate. Saw a note in an envel ope, sealed, and addressed to his wife. The envelope was half buried in the sand. Went to the closet and read it. The Letter Found. Following Is a copy of the alleged letter: DeareBt Girl Your Received the other day and was very iglad to hear from you Dear why did you wait so long to answer my letter but I hope you is feeling better than you was the other night when I left you. did you get Home all O. K. Dear girl will you write and let me Know when Mr. Chestnut will be off from what I that fellow was telling me you treat j Him some better than you are me. Oh how did you enjoy that box of {candy I give you the other night. Dear I will not send this by. mail I just send it by my yard boy so you will be sure to get. I aro^ thinking of for a few weeks but will be with you before I go. You no my Trouble don't you. Wfell I can't tell you all but you come down this week I will be at the same place. I remain your as ever. You no who. { Chestnut then went on with his testimony and said that he went to his wife's bedroom and showed her the note and had a conversation with her in reference to the note. Here there was quite a discussion as to whether or not Chestnut could in troduce what he said with her in reference to the note and what she told him as testimony to show pro vocation in the case, but the Judge decided that as Mrs. Chestnut could be called by the defence, It would not be legitimate testimony for Chestnut to give. Chestnut then went on to say that he was kind of worried and ate no breakfast. Left his house and met his father-in-law at his gate. Together they walked to a house on Sellers avenue where Chestnut was engaged. He gave the note to his father-in-law, Mr. Biewer, who did not read It at the Ume. Chestnut then said that he put his hands to work and went to Ayers & Williams where he gave some direc tions about some material he was ordering. Then he went back to the house on Sellers avenue; from there to BJewer's house to deliver a raesage to Mrs. Biewer. Said that his wife came in two or three minu tes later and he talked with her. Did not stay long but went on to his home, and getting the key, searched 1 his wife's trunk. Found two letters in the bottom, wrapped in a shirt-1 waist. These two letters, the witness testified were Bigned: "W. R. Sabin, your dear," and "Will Sabin, your darling." 'Both were addressed to Mrs. Addle Chestnut and began "my dear darling." Describes the Killing. Tbe contents of the letters Chest nut said was about like this: "I don't care to meet you at the barn any more. You know we came near be ing caught. Have to meet elsewhere. Have best time with you of any sweet igirl. WJhy didn't you go with me on' my trip." His wife came in a lit tle while after his finding of the let ters and he said, "here's two more of Sabin's letters to you." A con versation with his wife followed (the contents of which he was not allowed to testify to) but as a result of which he got his gun and went to Sabin's office. Witness declared that he did not intend to kill Sabin but only to warn him away from his home. Walked up to Sabin's office and said: ' Sabin, how about the letters you have been writing my wife? You ruined her and wrecked my home and disgraced my children." And Sa bin replied: "Get out of this office you d? lying-," and then I shot once and stepped aside. After some talk witness said: "I have two letter in my pocket signed by your name." Sabin repeated the | epithet and about this time the sec ond shot was fired. Then "Sabin rushed me" and "my head butt the wall." Then the witness said Cun ningham came and grabbed at his gun and he told him to leave his gun alone or he'd shoot him. Told Cun ningham to get Sabin off of him, which he did. After the shooting witness went home and changed his bloody coat, for another, leaving let ters there, and went up street to Blackmon's store where he waited up stairs for tbe sheriff. After Sheriff came he and Sherff went home to iget the two letters but they could not be found. Had been in jail since. Seen his wife once or twice but not on good terms with her. The note found in front of gate had been in posses sion of 'Mr. TJ. G. Bryant and he did not see it again until the trial. On cross-examination Chestnut de clared he was familiar with Sabin's handwriting and that be recognized the writing of tbe "ote to be Sabin's and would swear to it. He denied having gone to Padgett's store near the Atlantic Coast Line depot and telling him that be bad a h? of a time at home, that he was going to shoot a negro for stealing some boards, lie derlaif.'d that. Sabin did speak to bim when he entered his office. lie owed thn Dixie Lumber bor Ca. about 5 which h" had or-j rtprod about three weeks before. Do- ! c'=ired that be heard Sabin curse and also once heard him threaten a negro and Mick up a sti^k to hit him. After tbe tflstimocy of Chestnut himself the defence announced that it rested tbe case. Testimony in-Rebuttal. Mr. A. S. Sabin was called by the prosecution in rebuttal. He identi fied the letter found at his brother's desk the morning of the shooting deceased was engaged tn writing when interrupted by Chestnut. He declared he was familiar with his brother's handwriting and that he recognized the letter as his handwrit ing. When shown the note which the defence claims was written by Sabin (which was given in Chestnut's tes timony) and left half-buried in the sand the evening preceeding the shooting, Mr. Sabin swore that his brother did not write that note. Wit ness testified that his brother was not a profane man, and that he had known him to be engaged in church work. Roy Sabin, another brother of the deceased went on the stand. Identi fied letter his brother was writing at the time of his death. AI30 denied the note found behind Chestnut's gate to be in the handwriting of his brother. Never heard his brother swear. Rev. J. L. McLees, pastor of the local Presbyterian Church, of which the late Mr. Sabin was connected, tes tified that the deceased had always impressed him as a very pious young man. The "witness was shown an ar ticle he wrote, which was printed in these columns some weeks ago, and confirmed the statement that he wrote it. Witness Impeached. ?Lewis J. O'Cain went on the stand. Lived one door from Chestnut's house. Knew Ben Rast, whose repu tation for truth and veracity was very bad. Had seen a good deal of Mrs. ShniBh, whose refutation for truth witness stated was bad. Would not bel'rve either on their oath. On cross-examination witness failed to call names of persons who had ever told him that the two persons named were untruthful. C. B. Bull, merchant, of Cameron, testified that he knew Ben Rast about four years and considers his reputation for truth and veracity bad. Would not believe him on oath. J. W. Padgett testified that Chest nut did come to his store the morn ing of the shooting, told him that he had had an h?of a time at home, and that he was going to shoot some negro. Witness said he advised him a^.inst such proceedings. A. S. Sabin was recalled and tes tified that Saturday was the regular collection day of the Dixie Lumber Co., and that his brother was the regular" collector. Here an adjournment was taken until three o'clock. Not Sabtn's Writing. Upon resuming Court at 3:30 Messrs. W. L. Glover, H. C. Wanna maker and J. W. Culler, who have all been engaged in the banking business for sometime and Been various hand writings, testified that in their be lief it was impossible for the same man to write the two different let ters shown, i. e., the note found be hind Chestnut's gate and the letter Sabin, was writing on the morning he was shot. On cross examination all declared they were not experts. The defence gave some tests for them to say whether one or two or how many wrote them. Henry Jenkins, who married the defendant's wife's sister was .called. Lives near Chestnut. If anybody had placed a note behind gate he would have seen him. Did not see anyone ?not even Rast and Rickenbaker. Saw Sabin two or three months be fore killing at Chestnut's house. Nev er saw him there at night. Here some reference was made tc the affidavit of Mrs. Chestnut and the defence dared the prosecution to put her on the stand. This was the last testimony offer ed. It was then about four o'clock. It was decided that each side should be given three speeches and Hon. Thos. F. Brantley opened for the prosecution. He was followed by Adam H. Moss, Esq., for the defence. At the conclusion of Mr. Moss's speech Court adjourned until Friday morning 9:30 o'clock. Friday morning the entire session of the Court was ..aken up with the speeches of R. A. Brown, Esq., for j the prosecution, Hon. Thos. Raysor 1 and W. C. Wolfe for the defence and Solictor Hildebrand in the order nam ed. At about 1:30 the Court ad journed for dinner. His Honor, Judge DeVore delivered, immediately after dinner his charge to the jurv, telling that a verdict of murder, murder with I reocmemndation to mercy, man slaughter and justififiable homicide could be delivered. The jury retired at 4:10 yesterday afternoon. Thank You Brother. The Horry Herald sa'ys: "Mr. J. L. Sims, editor and proprietor of the Orangeburg Times and Democrat, re cently spent a week at Myrtle Beach and expressed himself as being do lighted with the charms of Horry's popular seaside resort. Mr. Sims is one of the best and most successful newspaper men in the State. Com mencng his newspaper career at the lowest rung he has by his own en deavors steadily climbed upward un til he is the owner of the best equipped country printing office in the State at a cost of $12,000 all of which is paid for. The Times and Democrat is now issued thrice a week but Mr. Sims says he intends making a daily of it as soon as practicable." Planning Camp Meeting. The Cattle Creek Camp ground is being put in order by the trustees for the annual camp meeting, which will gin on Wednesday the 20th instant, and continue for five days. This is one of the oldest camp grounds in the State and 0110 of the few where meet ings are still held. Last year all the ten's v.- Dr. Cays tbe pastor. Subject: "God's Call to the Church for Service" Isaiah f.th Chapter. Read and study this chapter. S p. m.: preaching by Rev. Ii. Mu raoka, of Japan. The public is cor dially invited to attend these services. Seats free and strangers are welcome. Come. North High School Opens. The North High School will open Monday, Sept. 11 at 9 o'clock. Tbe trustees, Messrs. J. I,. Reeves, W. C. Culler and H. S. Fickiing have re quested that all patrons and friends of the school be present at the open ing. Rev. J. H. Edwards, Rev. T. L. Belton and Superintendent Living-' ston are also expected to be present. Theodore Kohn's ff"Tjv Attractions AreQuality And Moderate Price TEST OUR Send For Our New Fashion Book It is FREE VALUES We Offer This Pure Linen dj Hand Embroidered Waist. Sent Prepaid For. ORDEK NO. 242B This Decidedly New Waist is a a great Value at this Price. The lace insert is of one piece "Filet in a handsome Daifiy Pattern. 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Don't pay tremen dous profits to dealers away from home, when you can buy better in struments for less money right here from a home dealei, who is near at hand to fulfill every guarantee we make. WE claim to know something about i ianos. Come to see us and let us TALK PIANO WITH YOU before you buy. A person al visit to our warerooms will sur prise you with the number, beauty and tonal qualities of our high grade instruments. Marchant Music Co. ESTABLISHED 1882. ?Wi 58 E. Russell Street. Orangebarg, S. C. >je!lies Dear Friend: We were away from home in jelly-making time, but Mama says fhe is net going to worry over a hot slove any more to make jelly and jam. She says she can buy it cheaper ih&n she can make it and just as good. Your' Friend, JACOB. P. S ? Ii would surprise you to sf e how many different kinds ??f Jams and jellies and things put up in glasses and bottles you can get CRAIG'S PURE FOOD STORE.