The Lancaster news. (Lancaster, S.C.) 1905-current, March 14, 1908, Page 3, Image 4
*
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