The Lancaster news. (Lancaster, S.C.) 1905-current, March 17, 1906, Image 1
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.