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1 , The Lancaster News LEDGER 1852 REVIEW 1878 ENTERPRISE 1891 VOL I. NO. 47. SE/Vll-WEEKLY. LANCASTER. S. C., MARCH 17, 1906. PRICE?FIVE CENTS PER CODY. The McDow Trial. One of the Most Intensely Interesting Cases Heard in Lancaster in Years?Dr. E. S. McDow's Trial for the Shooting of Mr. Hasel Witherspoon ? A Verdict Rendered After Jury had been out Over Four Hours ?Full Report of the Trial. The only case that has been tried at the present term of court in which general interest was manifested was that of tho State against Dr. E. S. McDow, charged with assault and battery with intent to kill and carrying concealed weapons?the shoot ing of Mr. llasel Witherspoon in January last in front of the Lancaster Mercantile company's store. The trial begun Thursday afternoon and fhe case was given to the jury yesterday afternoon. The testimony was concluded before adjournment Thursday evening, and the time of the court yesterday morning wa9 taken up in hearing argument of counsel, which were un us rally strong and forceful. The defendant was represented by MeB6rs W. D. Trantham and B. B. Clark, of tlie Camden bar; Solicitor Henry representing the st^a'e. The court room was d.'owded throughout the trial, a number of lsdits being pres?nt. The following jury was em paneled: R. II. Sapp, John I. Bowers, Saml Liney, J. W. Ma hafley, W. L Adams, B. It. Sapp, B. F. Baker, W. B. Craig, E. M. Hiuson, U. E. McDow, J. E. Faulkonberry, E. It. Jenkins. Counsel lor the defense first made a motion to quash indictment, which was overruled. The following is the testimony taken: J. tl. Witherspoon?sworn for state?On 6th Jan., 1906, at Lancaster, on Saturday, E. IS. McDow shot me. 1 was talking with S. B. Roberts?Ilad bought some cotton from Roberts. McDow asked why 1 had not sent lamp he had bought night before. 1 said because you had not treated us right about baby carriage. He commenced striking me and cursing me, at same time putting hand on his pistol. Mr. Brown j ran out and knocked him down. " He then commenced shooting at Brown Hint thou tnrna<l l>i? - - ? ? ? v ? ? iii^u 111 n |#ini(ii on me and shot me twice?once under right shoulder blade and once in wrist, lie was in 5 steps of me when 1 first noticed him. I had no weapon. Had been in bed tor a week. Had only been out 2 days. J was weak ; bad eaten nothing scarcely for two weeks. I was laid up 3 or 4 weeks. 1 was spitting up blood | during my sickness. \ Cross Ex: Told ' McDow he 'had not treated us right about * |b*by carriage nnd we didn't care 7 to have any further dealings with him. Baby carriage was new when McDow got it. lie sent it back damaged?rubber tires worn and parasol damaged. He ordered lamp from store and I told clerk not. to send it out. We re fused him credit. He may have considered it a reflection on him. 1 did not strike at McDow. Ho / struck oft Mr. Roberts' hat?! Don't think I warden off hi-1 blowR, because Roberts was be | tween us. 1 was shot in two places. Saw McDow put his iiand on his pistol first thing? then struck al me. Rut his baud on his pistol half doz. different times?his right haud. Ha got baby carriage last summer. Lie had bought goods in meantime for cash, but nothing on credit. Reply?Would sell him for cash. His wife bought goods for cash. He kept baby carriage 10 days. Had McDow's attention called to carriage I stopped him one day and told him we could not take carriage back?it had been used. He denied it and got mad then and said "What did you say?". I war, manager of the Lancaster Mercantile company and responsible for credits of the company. He never paid for carriage. Re-Cross : Carriage was taken out to McDow's by boy at night. It was raining when carried out. The carriage was sold outright. Tom Witherspoon carr ed car riage out to McDow's. Carriage would weigh 30 or 40 pounds. S. B. Roberts, sworn for State ? Saw trouble between McDnw and Witherspoon. Was standing with Witherspoon on streot, talking. Had just sold him 3 bales of cot ton. Dr. McDow walked up between us before I noticed him and asked Witherspoon why he had not sent out lamp. Wither spoon told him he had not treated him right about carnage. Mc Dow called him damn liar. Tuev then threw up their hands as if to go together. McDow maddest man. Brown came out and knock ed McDow down. When Dr. Mc Dow got up he shot at Brown and then shot at Witherspoon?two last shots close together. 1 kept McDow back. Witherspoon seem ed to be trying to get away trom McDow. I said k*Boys, no use of this?stop it." Did not see Wither spoon strike a lick. Mr. McDow struck at Witherspoon one time and knocked iny hat off. Dr. McDow was up near wallot building when Brown struck. Wither spoon had gone 15 or 20 feet when McDow shot him. I was excited. Cross-Ex : Don't know McDow very well. I know Witherspoon. Have only bought some guano and a few goods. McDow asked Witherspoon whv he had no! sent out lamp. Witherspoon said iyou hadn't treated us right about carriage and 1 don't want any more dealings with you. They both threw up their hands. Only nnn 1 inuoon,! A OA J? I pr.onciii. auuui ou uays after difficulty I didn't teli Bur rell H. Trusdale 1 did not see MeDow with a pistol until after Brown had struck McDow and that if it had not been for Brown there would not have been any shooting Have never we: n Burrell Truesdale. W. B. Cauthen, sworn tor state j ?Saw Dr. McDow 5 minutes before standing on Heath Jones corner. Asked me why lamp had J not been sent out._ I told him I naa torgotten it. The night bo fore shooting McDow bought ' lump?Johnson told me aboutI the sale. Next morning McDow ' asked me whv l had not brought! lamp out. 1 told him 1 had for i gotten it, and there was some trouble about it. I saw that he was mad, and 1 went on to the storp. In about 5 minutes 1 saw Brown running out and I follow ed. As I was going out heard pistol phot. Before I "ot out all shots fired. McDow was about! to shoot at Hrown. but turned his pistol on and I Rtopped. Fie told Policeman Pardne to stand back. He then walked on down street with pistol in his hand Cross-Ex; Am called Billy Buck, but. that's not my name Dr. McDow is my neighbor? : Live from McDow about distance across court room Visit McDow occasionally. I had conversation Concluded on Page Eight. , Grand Jury's Report, Made at Present Term o; Court?An Exceptionally Able and Interesting Document?Reform in the Administration of County Affairs Urged?Condition oi Public Buildings?Convictions in Dispensary Cases ?Other Matters of Interest. I |To llis Honor J. C. Klugli, Pre I siding .Judge: Pursuant to instructions re ceived Irom your Honor we havi investigated and passed on al bills o' indictment handed to ui by the Solicitor except one bil winch we return to him to b< held until turther evidence cat be obtained if found proper to d< so. We have made a carelul exam ination of the report subnnttec to our body by the County Super visor and find that there is nee< of more rigid economy in the ad ininistiation of the affairs of tli county. We find itoms amounting t< several hundred dollars headed aim ply, hauling rock or roui work. We believe much of thi is a useless expense and in som cases is a positive injury to th road unless the rock iH beatei tine. On account of the closini of the County Dispensaries tin loss ot revenue to the county wil be considerable and on this ae count we recommend that tli indiscriminate paying out of mou ley tor work on the public road of the county be discontinued.? In our judgment it is the duty o toe overseers to see to it that tli< holes and bad places are mendei without cost to the county. VVe think all warrants lor pa? for road work should show tin nature and extent ot the work A pay warrant, headed simple road work is too vague and in definite and the Grand Jury can not tell what work was done o whether or not they received to< mucti pay. We believe positive injury Iih been done by the indiscriminate paying for work done on the pub lie roads as it has a tendency ti cause overseers to neglect thei roads in I lie hope of receiving pa^ fur working tbe same All work beyond the reasonable ability ol (lie road hands to d< should be let by contract ant should not be paid for until in spected and approved by the Su pervisor We find that the Superviso does not keep a record of th< names ot the overseers as requir ed by law. Many of the overseer have not. received a commissioi for several years and ot cours< cmii't l>e compelled <o do du'; as overseers. We recommend that the Su pervisor provide hirrself at onc< with a suitable book in which t< enter the names of the overseer and the date of their appoint nit'Dl: that tio ?: ? .7 . W ?v> 1^^"C V Uill ??I>>1UI! a' once to nil overseers t hat hnvi not been coniuiosioned during his term ; tha' he take an inven lory <.t" all tools belonging to tin county and used on the t)ubli< roads, and charge the same to tin different overseer*; credit to b< inven them 'or the same whet returned to the Supervisor, o when turned over by them t< itheir successors in office. Good roads are an index to the condition of the couoiy?without I them we cannot properly develop p the resources of the county, and i we earnestly recommend the auMthorities in chat so to have the . roads just in as tood coudi'h n as possible with the means a' " command. Through committees of our body we have visited and inspec 1 ted the public buildings of the - county. The Poor House committee re* ports that the same appears to - be well kept and the inmates properly cared for. They report that they are well fed, well cloth ed and have warm aud comfort a ble beds. In the opinion of the Grand Jury it might be well if a suitab'e site can be secured to remove the j County Home near town. If the land could be sold tor a sufficient 1 sum to purchase afow acres near town and erect a suitable build3 ing thereon. The committee that visited the 5 Court House and .Jail reports that the Jail while in a some' what dilapidated condition seems secure and in no urgent need of reniiiro Knf ?i- - J . _f , uuv lOVVMUIIICUU bUHt I lie Court House be repaired and repainted on the outside; the blinds 8 to be repaired or replaced by new ones; all plastering to be repair0 ed where it has fallen off, and ' recommend that this be done at once as the appearance of the 8 Court House is rather shabby at 8 present. The committee on books and 11 bonds report that it is their in^ tention to make a thorough and 8 searching investigation of the books, bonds and records of all the offices of the county, and in e ^ . view 01 mis, do not attempt to make any report at this term ; s but will make an extended report ~ at some future time. A number of Bills of Indictmenfc for violation of the Dispensary Law have been handed to us by the Solicitor We return } ed true bills in all but one of a these, and in every instance the " parties charged have been conf victed Formerly it was of little use to return true bills in such cases, as it was almost an impos r ibility to secure a conviction. r\ ' We note with pleasure the change of sentiment, and feel 8 that the readiness which the 9 juries have shown to convict and * the heavy sentences imposed by 1 your honor will have a most sal r utary effect. When this class of V offenders realize the fixed deter mination of the people to put a ? top to their lawlessness and teel > the strong hand ot the law as 1 they have been made to feel it during this term of court, then this form of lawlessness so de moralizing in its effects will r cease. ? The bridge on the river road - between Miss Beckham's and the * Gibson plaoe over Waxhaw Cr ek ? I has been reported t<> us as being 0!in a very dangerous condition, in and we rec>mme ? lhat it be reJ placed by a new one at once. "I In conclusion, we thank youi B honor for the uniform kindness r> and courtesy you have shown us 8 and tor the very able assistance "lyou have given us while in the 8 j discharge of our oflicial duties. L <\ 11OlJ(?If, ; Foreman. 3 " e ?Policeman R. R. Riddle B captured a party of colored crap | shooters last Sunday alternoon, r irt tho grove by the Catholic r, cemetery. 1 he haul added aboul io the towu'6 > uncla. The Postoffice. A Citizen and Patron of the d Office J Who Thinks that y?,there should be Improve*ment both Inside and Outside. Mr. Editor: I have been reading 'or some time in The News about the postoffice and express office and depot, and there is not a n an or woman in Lancaster county but what very well understands that the people need all ot them. And I am very glad that'we have a paper that is not afraid to 6peak out against these things. Now, Mr. Editor, you know that the two last things spoken of are about settled ; that is, according to the news report, Lancaster is* to have a new depot and an up-towu express office.. Rn 1 It af I t L ~ .??? ? 1?C IIUAl lUlll^, ,you say, the people want is a better postoffice. Oh, that^would be^so'nice, for Lancaster^to have one. ^, I think we will get one by and by. J^But it is not the postoffice that is at fault ^altogether. If the postoflice department at Washington were to build one in Lancaster'as large as the one in New|York city, and with no beU te ^management than the one here has been for a number of ' years, what good would that be for the people, except to look at? If I go and buy a watch and the case is pure gold and it does not keep'good time, it is not the fault of the case, but the fault is on the inside. And while I for one would like to see a new postoflice at Lancaster, it seems to me, Ironi tlie general talk that one hears every (lav. that better management in the present place would improve conditions. So you , see that it is not the postoffice building alone Now I don't claim to kno-v it all, neither do I charge the mismanagement to any one, hut there is something wrong, had wrong somewhere. It it gets much worse, I think standing room will be at a pre ? mium on Saturday alternoons. 1 would like to hear from others through The News and see what they think about the I postotliee at Lancaster. ? This is not written for any personal harm at all, hut. it is J from one who his had a great ' deal of trouble about getiin.: his mail, and very often tinds it in n > i 1.1.1 ,|Wl;IIC19 UiillUS III ill 11 ' < V <3 11D HUM ; with it at all. So let all pull t together and see within tine next ! six months it Lancaster can't 1 have a better postotliee all | around. Yours truly, 3 13-'0(1 I'aper Man. * ?All parties interested in the ? Exchange Stock of Red Hill , Sub-Alliance, are urgently re 5 quested to meet at lie uh Springs, t, Saturday March 17th, at3 o'clock I p. m. D. W. liendrix.