The Lancaster news. (Lancaster, S.C.) 1905-current, March 17, 1906, Image 8
The McDow Trial.
Continued from Page One.
with McDow?lie will not deny
that Did not t?*ll Mrs. McDow
tliiv' I I ad had no conversation
witli McDow. It wa* about 5
minu'es beiote difHeulty. Mc
D ?w must have followed me 011
up to stoie. Several were out
tlieie when 1 got out. I have
had several fights in store, but
wis always assaulted first. It I
had got out in time I believe I
could have prevented shooting
Did not tell McDow he could
not get goods.
W. McD. Brown, sworn for
Stats : Was standing in rear end
of store and looked up to Iront.
Saw Dr. McDow advancing on
w i 1 Viol's Hi inn .i,wl (<nhni.to I
* *? V * J' " v/ ? iv'Vi JL%\*VT\ 1 * o VJ\J~
twe?*n them McDow knocked
oft' Roberts' hat and Roberts pot
Irom between them. Then I ran
out and struck McDow and steppod
back. He shot at me; then
turned and fchot at Mr Witherspoon.
I knew that Mr. Wittier
spoon was weak and I ran out,
knowing he was not in a condition
to fight. I had no weapon.
After McDow had shot Witherspoon
and mysell he cursed me
ami told Pardee to stand back. 1
Oross-Ex: He turned from 1
me and shot at Mr. Witberspoon.
Dr. McDow tried to shoot Mr. 1
Wi'lierspoon around G. C.
Heath. Heath had Mr. Wither- 1
spoon in his arms. He tried to
shoot Mr. Witherspoon after 1
ileal n had hold of Wi there poo n. 1
I believe that 1 saved Mr. With
erspoon'a li?e by going out. Have 1
never been in ft difficulty from '
my fault in my life. Had no
row with Eli Langley or B. Cunningham.
Slapped Minor Black
mon over rtecause he cursed me.
LI ad fuss with Ben Adams. Ben |
is vulgar and drinks. Had i
luss with Bill Jones. Ben i
Adams tried to cut me before I ]
struck him. Had no fuss with i
James Bashins, nor Wm. Ba* ]
kins. McD>?w rose with his (
pistol in his hands. I never
saw pistol until McDow drew it <
and shot at me. Did not know (
McDow was in a weak condition
Don't know weight of
either McDow or Witherspoon. ,
1 weigh 185 pounds. Did not i
say to a party of gentlemen that
I knocked McDow down and he
rose shooting. i
Reply: Af er Cauthen came ,
out McDow threw pistol on ,
Cauthen. I interfered and
struck McDow because Mr. i
Witherspoon was no' able to de
fend himself. Mr Witherspoon
was retreating and McDow was
advancing on him. <
R. E. Wvlie, for state?Was
coming out of my front eate 1
when 1 noticed Dr. McDow and
Mr. Witherspoon in an alterca 1
tion about 75 yards away. Mo
Dow struck at Witherspoon who
had his hands up ns if warding
off blow and Mr. Witherspoon
was retreating, angling across'
pavement. When they were
about 0 or 7 feet apart Mr.
Brown came rapidly out of the
store, on Dr. McDow. About;
tins time something obstructed!
my view or them and ihe next!
iit111was i lie tiring. Alter the1
firing Mr. Brown was standing
near I lie store door and Dr. McDovv
was lacing him with a pD
tol in tiirs hand. He stood in tvsis I
w.?v for several seconds, when
he walker! on down street. I
saw Mr. B herts standing there i
at the time of the difficulty.
Dross Kx : I am mavor of the'
J
lovn. Mr. P.<rdue was dismissed
from tl;o police force for non
action in tiie matter. Mr. Witherspoon
is my tirst cousin.
G. C. Heath, lor nt?te?Par-'
due and myself were coming
from Southern depot. Ah we
got up Brown came out and
knocked McDow down. I jumped
out of the buggy and grabbed
Witherspoon. Then McDow
shot Mr. Witherspoon and said ,
'Damn him, lirn blink h-?
eves and I'l: him " dives
inteival between shots. Ibown
was some 10 ft from Wither
spoon when Witherspoon was
shot.
Cross-Ex: Alter McDow trot i
up he pulled out pistol and shot
at Brown. He then turned and
shot Witherspoon as I lurivd
Witherspoon around. Ho shot
Witherspoon twice and then I
said, "Dont shoot him any more;
you have killed him already". 1 I
begged him not. to shoot any
more and McDow replied, "Let '
him blink his eyes,damn him and
I'll kill him".
Reply :Brown did not advanc"
on McDow after he struck him.
1 did not see Brown with any
weapon. Brown was shot in
linger. i
J. P. Hunter sheriff : I arrest t
ed Dr. Me Dow in front of stairs '
leading up to his ollice near Firs' ]
National Bank. Found two pis- (
toison hilt. I got one and Par t
due got the other. (Two pistol* 1
offered in evidence) One pistol i
with 3 empty shells, trom right i
hippocket, and the other?came i
from left hippocket. Lie a-ked [
to go to office and phone his c
wife. Told his wile over phone >
that he had shot Hazel Wither- e
spoon and that they said he s
would die I heard him say that *
it lie cou'd do anything for Mr. 1
Witherspoon he would be glad 1
to do it. t
Drs. M. P. Crawford and R.
0. Brown testified as to location
and nature ot Mr. Witherspoon's j
wounds. One bullett entered ,
under right shoulder blade in .
back. J
State rests. ,
Wm. E*tridge, for defense : l
Saw three men; thought they (
were playing. One of them i
pushed other hack and Mr.iirown i
ran out and knocked one of the
men?three men all in a bunch. J
Mr Witherspoon had liis hands j
upas il boxing or warding off (
licks. When McDow was knock- (
?d down he arose and drew his t
pistol and shot three shots. One |
of the men pushed them apari j
and just as they were parted <
Brown came down. 1 recognized (
Mr. Witherspoon. 1 was about ]
opposite the parties and was 111
the middle ot the street. Saw <
lleatli and Purdue drive up. The I
backing occurred before i got in i
ight of parties, lleath and Par- i
due drove up behind me I drove
on as soon as shooting occurred.
II. B. Pardue, t or defense: j
Came up in buggy wiih Mr.Heath j
and was about 100 yards from ?
I arties when I first saw them.
As we got up Mr. Brown ran out
oi store and struck I)r. McDow
At this time Mr. Heath got out ,
of buggy. Next thing L saw Mc- I
Dow was shooting. It frighten-j
ed horse and lie began running i
again. I went over to where they i
were. McDow was standing |
with his pistol in his hand. I I
walked around and told McDow
to put up his pistol and the Dr. *
said, ''I'm not going to let the
crowd run over me." 1 went on
down with McDow to his office.
As we came down I told MoDow
I would have to arrest him again
Jt^p'y*?
When 1 lirst saw parties Dr.
McDow was advancing on Ilasel
and lla?el retreating. I'he first
lick I saw was Dr. McDow strike
at llasel. Th? first lick I saw
struck was when Mr. Brown
struck Dr. McDow.
Be?('ross ;
Never saw Mr. Witherspoon
offer to strike, lie was going
hack all the time. Mr. Wither4_J
I t / W \ 1 ? If O C y f ' v I 1 ' ' " ^ *
j ' v/V/ > T> f * r> i J I*# I*' 1 I I J f 11
wh?r? I first saw him when
shootmu began.
\j. 1). Patterson lor defense?
Negro. Was in storeol Mercantile
company Mr. Brown came t>y
ine very last and went out and
struck Dr. Mcl)ow, and Dr. McDow
rose and shot three times.
When I first saw the men they
seemed to be knocking one an
o'h'T Saw no one run between 1 ki
the men. - W
Jerry Tru-d ?le, col., lor de- ' 1)
fcnse?Never saw any dilliculty 11
much. Wan witb Patterson, sb
Saw Mr. Brown run out and to1
strike Dr. McDow. Then I weul i-oi
to hiding myself. hii
Mrs E S. McDow, for defense ins
? I am the wife of Dr. MoD w. W
Mr. W. B. Caul hen <1 id tell me no
ne had had no conversaiion with mi
Dr. McDow tne morning of dn ha
ficully. I asked him liiree tim*8. ? ii
Dr. McDow on Saturday night, W
when it was raining, went down Km
and got the baby carriage. The n<?
negro brought I be carriage, but un
the wheels were muddy, mud ree
hanging an inch or so long. 1 to
told the Doctor that 1 did not like ert
lie carriage?it was entirely too dn
heavy, and that I had seen irom hii
Sears Robuck & Go's catalogue cai
where I could get one j of the cni
orice. I phoned the Mercantile H*
Jo. to send for the c Triage, but on
;hey did not?90 I sent carriage (j
jack. It must have been 60 lbs. pi8
n weight. The cook may have M.
oiled it to the store. I did roll i,,r
t around the yard, trying it. The $hi
jaraeol was damaged when it
same, with fly specks, and wheels ?y.
yere muddy. I received mes |Qr
lageover phono from Dr. MeDow, 8jc
laying UI have had a difficulty I j
md shot f-everill men?llasel tin
Witherspoon is ahot and they say 0u
le mav die and I may have logo mi
o jail." po
No x examination. th<
Dr. E. S. McDow,for defense:
Uve in Lancaster, was born in
I'ennessee 1 suppose the mat
er occurred about a baby car- .
riage. Mrs. McDow, several ,le
nonths hetore, sent me up for a caj
j a b y carnage. Witherspoon m>
!oia it to me on approval. It .
svas (he only one I could get 1 8,0
vent on down home and Tom
Witherspoon came with carriage. '
It had mud on it. I told Mrs .
McDow if it didn't suit her she yei
;ould return it. She afterwards Mr
:ot a carriage on the hill and
'ent (he other one back. We did _
lot injure the carriage The par- g
i^ol had llv specks on it. It cc- ^
;urred so long back 1 can only If
give substanceofit. Afterwards |
1, in walking along, reading, H
Wiiherspoon called me and said pji
'You don't mean to send cariiage
back in this condition!" We were lft|
talking loud. He asked me if 1 i
intended to pay for it. I said 110. H
He told negro to put carriage up
I walked off. Met Witherspoon I
in alternoon and talked pleas
antly with him about buying W
some of Col. Springs's land.? ffij
Witlierspoon seemed to be insin H
uating that me or my wife had
lied. 1 bought lamp from Mr. H
Johnson. Store was in disorder gpl
Said thov would send lamp down jw
Lamp didn't come. 1 went down bgg
and inquired why it hadn't been H
sent out. They said wagons were ^
bu-y. While we were talking K?
Hilly Cauthen Raid, "Hero it is, ^
Dr. McDow." Cauthen sai I, '
"I'll take lamp down lor you."
He didn't bring lamp. Had not
been ift the habit of carrying pin- m
lols, but had a difliculty with a m
physician and was told he would
shoot me down. On day of difli- ^
cully, as 1 left home, Mrs. Me- M
Dow gave me her pistol and 111
carried it up town to ollice. 1 i
took Mrs. McDow's pistol also #
and put it in my pocket and ^
went down and sat on post.? 9
W. B Cauthen came by,
walking fast as if he was ^
mad I started for homo and got m
vVltllill !l t'pw Sfana a( VV Olio,
spoon and looked up. Saw himj j
with Mr. Roberts. I walked up m
and said, ''Why didn't you send ^
that lamp?" and he said, "lie- J
cause you didn't treat me right m
about that carriage." I said, %
"you are a damn lie." I slapped M
him and he slapped me. Then M
Mr. Brown ran out and knocked j
me down. I was dazed and M
commenced shooting?thought \
that they were all on me. It is 1
the custom in Lancaster to | %
lock people's t eth out &(
as not conscious at ?he lim
at I hud two pint.i)s 011 me?
sard no words spoken?w.'iei
ois occurred?I wu^ atari in
waul Witherspoon Heart
me one say. 4<you have killei
ni," and saw some one hldo
i Witherspoon in his arms
hen i got my hearings I di<
t attempt to shoot any more. '
*y have cursed. I thought
d b >ih pistols in my hand,
is not there to kill any one
as slapping Witherspoon. Don'
ow where my hands were. Di(
t attempt to draw my pi?to
til Brown at'acked me. Dtdn'
:ognize Mr. liea'h. i offeree
do anything I could for With
ipoon. I was sotry he wai
at. I had no ill will auains
n. I wouldn't say I did no
tv pistol all the time Wai
rying pistols lor another party
id them with me while sitting
post.
ross-Ex:It is my habit to earn
lol.Was carrying it lor Dr. W
Crawlord. Thought Dr.Craw
d was out. Saw notice in papei
it Dr. Crawlord had pleurisy
n't say I saw it before difficult
Couldn't say I saw Dr. Craw
d from time I saw notice o
kness in paper until shooting
id ask Wit.hersnnon. '?VVIi\r ii
, , ?J ...
5 devil you did not send lamj
t?" Thought 1 had a right t(
lUe inquiry. Put pistols in
eke'?one to take home anc
3 other I usually carried. ]
igh 160 lbs. Am 34 years old
ive practiced medicine sinc<
93. Moved to Lancaster ir
[)1 or 1902. On occasions, card
pistol before I came to Lan
iter. One time a negro atol<
r horse and 1 carried it. Hav<
ried pistols on various occa
ns as a matter of defense.
Delense here closed.
Slate in Reply.
J. H. Witherspoou. Am 3its
old. 1 never intimated tha
hurl nr?? Ov
W W^R 3W W WW Y. JK?JR!
STAPLE
AND FANCY
Wo have just opened up c
plete lines of Staple and K
Lancaster and are now read
sists of everything generallj
store. It shall be our aim t
at reasonable prices. So wl
eerie?, come to see us or ci
orders will receive prompt ti
ty of fine Cigars and Tobacc
stop in our store and get soi
B. M. We
1'. S?Get our prices on
I car loads just received.
AAAAAAAAjAAl
W W W WW WW WW.W V n
lipl
Have just received a /I
car of Fancy Patent
of which we guarantee eve
money refunded. Also a
sold at the right price. W
We have a complete line o
and new?something not
need Shoes, we've got 'em
i our line of shoes. Also a
you in all the latest styles
1 E. A. Thon
I Carnes's
'truh. I never mentioned her
e name in conversation about car
riage
" THE VERDICT
K
j Alter being out 4 l ours and 23
i minutes the jury relumed a ver
dtct yesterday alternooii ol uuitiy
of assault and bat'ery and of
1 . .
j carr>ing concealed weapons.
The defendant was sentenced
I to pay a tine of $250. or four
. months cnifineme- t in penitenr
tiary Notice ol appeal was
J give"
j MONEY TO LOAN
I am prepared, us usual, to neKOtiate loan
on Improved cotton farms, In sums of 1300.
S and upwards for live years. Interest ut 7 pe
cent, on sums of f1,00001) and over. Under
t II,000.00. 8 per cent. Interest. No brokerage
. or cvmmisslon charged?only a reasonable foe
' for abstract of title.
K K WYL.1E,
s Attornov-at-L,aw.
r Subscribe to Tlie News.
z~k '
I
^ rwor?rcroiA?
MAJtBLKog
Yorkville
; Monument Works
" Equipped with modern machinery
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pure Vermont Marble or Granite v
Monuments from the cheapest
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Write for catalogue and infor4
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9 Yorkville, S. C.
Groceries!
me of the nicest and moat com- U|
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o sell the best of everything H
?en von want anything in Gro M
ill 'Phone No. 105. All phone M
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Yours for business,
Ish (8k Co. I
FLOUR before you buy. Two
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APITOLA FLOUR \
sry sack. If not satisfactory, M
carload Second Patent, to be ^
c want yuu to just try it. m
?MBER > V
f Groceries, everything fresh ^ l|
found every day. When you M
, Come and let us show you C 4
line of Gents Hats. Can suit g
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