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* The Sims Case. Trial of J.B. Sims for Killing Hampton Stogner?The Testimony?Alter Deliberating Nearly 24 Hours Jury Reported Inability to Agree on Verdict and was Discharged. When The News went to press Tuesday evening the Court was engaged iu the trial of J. B. Sims, charged with the killing of Hampton Stogner. The following jury was empanneled : John!) Uinson,Il.H.&lassey,Jno.R Baile, T.'F. Gulp, F. M. Gardner, T. S. Williams, L W. Noely, W. H. Kives, Travis Evans, J. I. Barton, C. II. Crawford, John. W. Iiall. The defendant was represented by Mr. II. Hines. The testimony was not closed until Wednesday morning, and after argument of counsel and the judge's charge, the case was given to the jury about 11.30 o'clock a.m. After'deliberating in their ^ room all 1 lie afternoon and all night Wednesday night, the jurors reported to the Court Thursday morning that they were unable to agree upon a verdict; whereupon, they were discharged and a mistrial ordered. It is understood that on the final vote the jury stood nine for acquittal and thr^e for manslaughter with a recommendation to iner cy. Much interest was manifes ted in the trial, the court room at times being crowded. The f.ll - ? L _ C I I I ionowing is a report 01 me ies tirnony taken: TESTIMONY. B. F. Stogner. sworn for State ?Brother of deceased. Present when he was killed within 3 miles of town of Lancaster on 3rd of Feb. 1008. Was coming to town with deceased in a one horse wagon. Defendant and Charley Steele came up behind I us in a buggy. Dec'd said to to defendant: "J. B., why did you treat me so on Saturday." jjitns jumped out of buggy saying, " God damn you, you have been hunting trouble long enough," and commenced shooting at deceased. Then shot at me. Steele first spoke, said 'kllel lo Llamp." llamp then said "Hello J. B., you didn't treat me right." Deceased had no weapon. I had it and had it since Sunday evening. 1 kopt the pistol in my pocket and never attempted to get it out. Sims shot four timos. Brother was shot once and I received a shot in my cloth es. Brother was shot in the bow> els. lie was shot standing up. 1 U/..11..S1A u?.il Imn mr. iviuii'iiu ?? nunvu oiivt < ?u darkies were with him They drove to I he left of us and got *bout opposite the hind wheel of iur wagon. Ao soon as Sims got 5ut of buggy he commenced hooting. Cross Examined?I was on ight-hand sido of wagon. I caried my brother's pistol oir Sun?y evening. 1 don't own a pis1. Have carried a pistol, rother didn't curse Sims. My fother was driving our mule, ho mule stopped of its own ac rd as Sims and Steele drove to ir left. Deceased and Sims 'ed in bight of each other. LaKennington also lives in V. a, ?./ mka.o iln/inaunrl flrul Kill U1 TTHOIO uvvv?ov?* ds lived. Had not seen Sims % T3E LAN0AS1 that day until he drove up that day. I recognized Sims and ^IjsjSsSSS Steele 25 yards away before they *I H n**8 drove up to us. Brother usually ' drove a 2-horae wagon Sims got 1 out of his buggy quick. As Sims got out of buggy, brother jump- ^ / ; e l behind me. Illustrates positiofi of himself and dec'd when \ ,J, n j Sims shot.) Never told any pe:-j gf j son thai same shot that hit v 'i B my brother hit me. I went lor Dr. Brown. First went for Dr. Hiu I Funderburk. To'd a few per- [5gp5j B sons about the shooting. Don't \ /; B know that I told tliom exac'ly B what I have told today. Remem J I ft bar telling Otis Johnson about the I I difficulty. Didn't say in prce- iy l/j M once of Douglass Plyler and Otis (ijjtfcj ; i 1 Johnson that Sims and my broth ? : er were both shooting. Didn't ^ ^ ?j make a similar statement to Hen- t/J H fi ry Denton or John Knight. Mule Ijit] ran 100 yards up hill aftor broth- p!rj| er was shot. ^,?3 4 IJeply by State?Steele wag ? j^j driving a mule. It stood still, J3j Buggy was entirely behind our kipl wagon. Top buggy. T was on >**1 ground when I was shot. About n ^ ten steps from Sims. Sims had n 3 pistol in his hand betore ho got V,<fi out of buggy. It was under his ? B fr lap robe. N] B gj G. B. Steele sworn for State? fci ft B E; Was in bii^gy with Sims. Ho g(W got in buggy with meat Lafayette Kennington's house. We drove B ? about 200 yaids, when Sims |S J* f| .. pulled out his pistol. Before Mlfj |j i getting up with Stogtier he pull ed out his pistol and said 41 I'm afraid of losing it." When we | , caught up with the Stogner's -illy they stopped. 1 said, "Hello Si1? Uamp". He said,'-Hello J. B , fejS you God damn son of a bitch." fl Ad ho said that Sims jumped out jjiljfc] B ? with his pistol. Deceased had jjjficj P his pistol and shot at Sims. Situ^ U b said, "God damn you, you have Lfli fl been hunting around for me. * Deceased said "all light." I K jumped out of buggy after Sims fc ILr- n L-got out. I was at left front wheel, holding my mule. Two bflj m w or tliree shots fired. 1 was sur & [| prised. Didn't know anything ! & j /] * was wrong between he men. Dc- B M ceased tell face f remost in wagon. igtg Hen Stognor afto fell. Hen said, "Don't shoot me, I have no pis- jy 3 tol." My mule tried to run back- .:J(?7 IS ward about the last of it. ?''4 S Cross Examined?(I'oints out Jj^^j B^^ position of parties on diagram jt shown him.) Two bullets went ' fflM into left hand curtain of my ^ buggy. (Identifies bullet holes | y / iii curtain of buggy shown him) ifojuk! Sims changed hia pistol from hisi^'fl lott to his right side. Stognera were not in sight when ho chang- t * ed his pistol. Stogners were not in sight when ho chang- Meetin od hia pistol. Stogner'a wagon TheToww was about 20 feet ahead of ua <>f Assessors , .... meet at fheii when it stopped. When wagon on the first stopped I started to drive around li,1(|sjrt the dll the loft hand side of wagon. Sims i?l Boards < made no hostile demonstration property ofi until wagon stopped. From time 'n ?rder tha 1 * be equalized Stogner cursed Sims not long be- In every i tore shooting. Stogner first ac- S^^oun! costed Suns, who got his pistol Rn(l over is i .... . , . make a note i.:. i. 1....,i nn ill III^ iKUtUfUiu un iug lOrWHrU 0AD Sims made no effort to do any [J t* "party thing until Stogner fired at least the tax payt . ?ti ? ity of appea one shot. When Stogner curs- noar?i of l ed Sims, Sims said, "Damn you, (:?"',ty r*? ' ' meet on the you have been running around (24) 19i?h, at , e , .. Auditor at hunting mo for a long time, now The rhHi I am ready for you". 8Pe<:,al Itoa J ' ollioio memr Reply by State?Sims first of Equalize! (Continued on Page Seven ) Feby,-16-'08 IER NEWS, MARCH 14. !?'8. ) I Come Q SAnd take advati Dress Goods, N 1| Silks, etc. Thi to about $5,000, regardless of cos for our immense || I Shoes Ci I 9 which we wexpe the future. No i H I will say that this comparatively n cost, and we giu ^ | cle in it cheaper rat retail or make mean business. MTMK?wmmwmwmmmmmmmw.^un g of Assessors. Notice of! ship and Special Boards uk iia? pi aces ' mo^eting m , 1 nis na return hoi Tuesday in March (drd) guardian and ap| ty of Township and Spec ?f Assessors to canvass M h rery return of personal their respective townships # t individual returns may Notice of I as nearly a? possible. Notice is hereby gi nstanee where a material ^ April Hth. 10ii8. he return of any indivi- the undersigned, uk ting to 1 hundred dollars of K M. Kirl diaile, tlie Assessors will bjH fitud return'nod of the changes made anil and make appli ne hy mail to the Coun- Court for ibe county bo that notice may be sent Carolina, for u final no raised in order that luiuiatrutor. *r may have the opportun- Administrator of ring before the County Kirk, deceased. Equalization, which said - ? ard of Equalization will *ir fourth Tuesday in March XVAuney the otllce of the County I can, as usna Lancaster C. H.. H. C. from $300 and up rman of Township and ?ottou farms, at 8 rds of Assessors, are ex- Hhle in annual ins iers of the County Board missions charged, lion. fee for making alii II. IIORTON, Auditor I>. C. nick itaere of our sweeping sal otions, Embroidery, Lact s stock has been reduc< and must now be sold o ;t in order to make roo stock of I len's Wear. :ct to handle exclusively ise quoting prices here, b ; is a nice stock of gooc lew, selling at and belc irantee to sell you any ar than you can buy elsewhe : you a present of it. V The goods will be sold. ours truly, rhcs tap! *$.J?. \ iv^rfe: Discharge Notice of Di! r given that the tin- , Notice i^ hereby I id r! or W..I Willis *?day Marc i2,th. I of April, 19 <S, make ? '"7 ?n?lerHi*ne, 1 settlement as such \9J ? rtU*,.Jo )ly to the Probate , *1??!'. ' N. , ter rounty for bis hMmmt ol said U.F.SIMS, application to the Pr a -.1 the County of Caucus Una, for u final discha miuistrator. Discharge. vcn that on WedneR- . Administrator of tl at p. o'clock a ..... !<"?; ?"man Sr. dec. administrator of the February 21st, 1908. {, deceased, will tile . settlement of said escation to the Probate T"*lr of Lancaster, South UV. Can-tbe IIa(J for the estate of H. M. ? ..... , . March 7. 1908. w ? n.f I We have no ficticious oh Can sell good ' to Loan. which are far superio i . ? ti?ed as $450 pianos yEui-rb'' lraR.?K)wyHe, Malone's Mus Atty. at Law C'OLUMBIi 3 ' 8 f"Tf1-' 1 i I ixjs I I M! 9 1t? '^iN: I wA Ut m ;v}jW )w 9 gjj* tl S :re I -x!i. 1 V/lvNJ Ve I || HMM ^ - scharge. triven that on IKW, at It' o'clock J as Adruuiis' r.ihn L?-p Tillm in, his ti rial rot urn estate and make ob&te Court lor tor, South <.'ur.trgo us hiicIi Ail\t M. Tillman io estate of .John I. 41-40 )llars r>0c Nei'her. bo sold for $:t00. prices on l'ianpianos for $250, r to some tulvorHpecial oll'er honest dealing* If you desire irgans, write u3 id terms. ic House, a c. M* 1