University of South Carolina Libraries
Ihc fjtfritvillt tfapirtK* YORKVIL^E, S. C. :3' THURSDAY MORNING, APRIL 8, 1886. SALES-DAY. There were no official sales on Monday last, sales day for April. LARGE HAWK, Mr. J. M. Merritt, of Fort Mill township, killed a hawk the other day, measuring 52 inches from tip to tip. FOR THE PENITENTIARY.^ On Monday last the prisoners sentenced to the penitentiary on Saturday were con. veyed to that institution in charge of special deputies J. A. Darwin and YV. D. Glenn. TEACHERS' ASSOCIATION. A meeting of the York County Teachers' Association will be held in the Yorkville Female College, on Saturday, the 17th instant, at which a full attendance of the members is requested. DIED OF HIS WOUND, y James Dulin, who attempted suicide by cutting his throat on the 25th ultimo, died at his home, in Bethel township, on Saturday morning last. He was a son of John Dulin, deceased, and about 25 years of age. PERSONAL MENTION. Col. Johnson, general manager of tne Massachusetts and Southern Construction Company, was in town last Saturday. We also had the pleasure of meeting, on j A /vf ikn me same uay, i.ur. vieurge a. r iivjiv, ui mc Shelby, N. C., New Era, and Mr. J, J. Hull, of the Rock Hill Herald. Capt. J. F. Speck and wife returned home from Florida last Tuesday. , ^ SHOOTING SCRAPE. On Saturday evening last, between 8 and 9 o'clock, in a difficulty between Daniel A. James and Anthony Blalock, the latter colored, in the northern edge of town, Anthony received a pistol ball wound in the breast, the ball penetrating to the cavity. Mr. James immediately surrendered himself to - the Sheriff and was locked up. There has yet been no legal investigation of the case. CAROLINA CONCERT COMPANY. ^ By notice given elsewhere, it will be seen that a rare musical treat is in store for our citizens, to be given in Hunter & Oates' opera house on Tuesday evening. The combination is one of fine talent, and as the object will enlist the hearty sympathy of our citizens, a full house may be expected. The crowded state of our columns prevents an extended notice of the artists who will appear on this occasion; but the public may feel assured that the entertainment will be recherche in every particular. CHURCH NOTICES. Baptist?Rev. J. E. Covington, Pastor. Communion services at 11 A. M. next Sunday. Sunday-school at 9.45 A. M.J* Church conference at 5 P. M. on next Saturday. Presbyterian?Rev. T. R. English, Pastor. Services at 11 A. M., and 7 P. M., next Sunday. Sunday-school at 3 P. M. Methodist Episcopal?Rev. W. W. Daniel, Pastor?Services every Sunday at 11 A. M., and 7} P. M. Sunday-school at 3? P. M., every Sunday. Prayer-meeting, Wednesdays at 7 \ P. M. Episcopal?Rev. G. A. Ottraan, Rector. Services at 10. 30 A. M., and at 4 P. M. f Sunday-school at 3 P. M. /v YORK MEDICAT ASSOCIATION. / ^ A regular meeting of York Medical and Surgical Association was held in Bratton's Hall at 11 A. M., on Monday last, the President, Dr. A. I. Barron, in the chair, and the following members present: I)rs. J. R. Bratton, J. F. Lindsay, J. Wistar Allison, J. P. Hambright, James H. Saye, R. Andral Bratton, W. M. Love, W. G. White, A. P. Campbell, Miles Walker. The secretary, Dr. R. Andrei Bratton, read the minutes of the last meeting, which were adopted. Dr. A. P. Campbell, appointed at last meeting to read an essay at the present meeting, was excused at his request until the next meeting; and other essayists previously appointed not appearing, on motion of Dr. J. R. Bratton they were also continued, with the request that they be presented at the next meeting. The President read the following paper on the occasion of the present meeting closing his Presidential term: Gentlemen of the York County Medical and Surgical Association: You will find on the 11th page of the code of ethics which has been adopted by our constitution, ou penalties, paragraph third, this penalty: "Any President who shall fail at the expiration of his term of office, to address the Society on some subject connected with its objects, shall pay to the treasurer the sum of two dollars as a fine for his neglect of duty." Now, Gentlemen, as I am retiring from office, and have no ready cash to pay the fine, allow me to make a few remarks to you as my only subterfuge. After a long absence from the regular meetings of the Society, I am once more with you and must congratulate you on facts which have come under my own observation, and information which I believe to be true, coming from others. First, I would congratulate you on your continued prosperity as a society. For more than five years this Society has been in existence. It was organized as a new body, based on the organization of the old Medical Society of York county, in 1848, which body, from the late war and perhaps other causes, had ceased to exist. Second, I would congratulate you on the fraternal feeling that would seem to exist between the members, each vieingwith the other in the extension of professional cour tesv and a thoughtful regard for the great and noble cause you are advocating. Third, I would congratulate you on the continued growth of the Society, numbering as it does, almost the entire profession in our county, and as your secretary informs me, some members outside of the county. I might stop right here and content myself with saying, I am free from the two-dollar fine; but indulge me while I make a general remark, in which I think our Society and the Profession at large are deeply concerned. I allude to the enactment by the Legislature in the year 1882, of a law, as recorded in General Statutes, page 512, section 1751, which reads as follows: "It shall be unlawful for any physician to give a prescription for any such liquor, except when actually in bona tide attendance upon a patient.*' For a violation of this law is affixed a fine of $200, or imprisonment, or both, in the discretion of the Court. I do not know of myself that the law has been violated by any of us; but I do know that many of us have been importuned to do so. Instance, myself. I was once called on, upon the Sabbath day, to make a prescription for a sick mule. One quart of whisky was the request made. Poor sick male would certainly die, unless 1 gave the prescription. Well, I was not satisfied that the man owned a mule; if he did, 1 was not satisfied that it was sick; but this I did know, that the applicant was very fond of a wee drop, and my conclusion was, as it was Sunday, that he wished to get on a "bust," as they call it, and rant around and have a good time and enjoy himself generally. I referred him to his family physician. Now, Gentlemen, my own experience in this and many other cases, convinces me | that you are not unfrequently solicited to grant certificates which are not worthy, j Let me say, it is a dangerous thing to do so. ' The laws of our country are against it. The j sale of spirituous liquors in our county, or town at least, is confined to the druggist, ; and he can only sell on our prescriptions as j laid down in the law I have read to you. ! The druggist is not responsible for the liquor : he deals out. If called to account, he pro- ; duces the prescription and the case ends here, so far as he is concerned. We can say to the applicant: "You know I am not your physician ; I cannot give you a prescription; I only control the druggist for my own patients; go to your family physician, and if he thinks you need it, he will certainly prescribe it for you." If the applicant persists we can say, "We are not authorized to keep a dram-shop, and the law can punish us for giving prescriptions when not in actual attendance upon the patient." It can never be a pleasant reflection for us to know that our prescription has made a man drunken in the streets and a disgrace to a civilized community. Gentlemen, I say again that we cannot be too circumspect in our actings in granting prescriptions. The lawyer can have his name struck from the roll of attorneys for illegal misconduct, and no longer be allowed to appear in the court-room as an advocate. The divine can be taken from his pulpit, and by the authority of his church debarred from officiating as a preacher of the gospel; but the physician has no authority by which he can be called to account but public opinion. On his skill in healing the sick, on his probity, his truthfulness and sobriety, depends his recommendation to public favor and his success in life. How careful, then, we should be to maiutain our good name. With these remarks, Gentlemen, I retire from the chair as President of this Society, with thanks for the position you have so long honored me with ; a position that has been conferred upon me more from my age than any material benefit I may have been to you. Be assured, Gentlemen, and I feel that I am speaking truthfully, that I shall ever maintain a lively and abiding interest in your success in life. Dr. J. Wistar Allison moved that the thanks of the Society be tendered to the President for his interesting paper, and that he furnish it to the Secretary to be filed with the papers of the Society. This motion was seconded, when Dr. R. Andral Bratton moved to amend by requesting the President to consent to the publication of his paper in the Yorkvii,le Enquirer, with the proceedings of this meeting. The amendment was accepted and Dr. Lindsay spoke heartily in fayor of the original motion and the amendment, commending the sentiments of the paper to the members of the profession. The motion was adopted. Dr. J. R. Bratton and Dr. W G. White were appointed delegates to the State Medical Association to meet in Camden on the 20th instant, and Dr. Lindsay and Dr. J. W. Allison were appointed alternates. The election of officers of the Society for the next two years was next proceeded with. Dr. A. I. Barron was unanimously reelected President. Dr. J. R. Bratton, Vice President. Dr. R. Andral Bratton, Secretary. Dr. W. G. White, Treasurer. A committee, consisting of Drs. R. An dral Bratton, Lindsay ana wnue, was uppointed to procure the printing of the ByLaws of the Society by the time of the next meeting. A number of interesting cases and the successful mode of treatment were reported as follows: By Dr. Lindsay, a case of mastitis, successfully treated with bandages. By Dr. R. Andral Bratton, a similar case also treated by bandages with success. By Dr. Love, a case of hair lip, complicated with cleft of palate, in child six months old. Also, another case of removing tumor. By Dr. Walker, an abscess caused by the patient swallowing a piece of ginger. By Dr. White, a case of placentie prevhe presentation complicated with a uterine fibroid tumor. These reports elicited interesting discussions, participated in by all the members. The meeting adjourned until the first Monday of October next. ? t Correspondence oT the Yorkville Emjuiris\ / LETTER FROM ROCK HILL. Rock Hill, April 5.?The election for the railroad subscription in Ebenezer township came off on Saturday last. The result was looked forward to with much interest by the people of this community, it being thought that should Ebenezer vote the proposed subscription of $18,000, the road would certainly reach Rock Hill. The result of the election was as follows: For subscription, 193; against subscription, 13. There were about 70 white votes cast. I learn that not a colored man voted against the subscription. It is rumored that a petition is in circulation in Bethesda, asking the County Commissioners to order an election in that town- ! ship to vote on the question of subscribing 1 $40,000 to the Charleston, Cincinnati and \ Chicago Railroad. The County Commissioners have had granite mile-posts, neatly lettered, placed etween this town and Clover. Mr. A. R. Hey ward has left for Columbia. His place as depot agent here is tilled by Mr. M. C. Gaines. Mr. James R. Button, a former citizen of our town, died in Shelby, X. C., on Saturday last, in the 21st year of his age. The cause of his death was pneumonia. His remains were brought to this place yesterday and interred in Laurelwood Cemetery. ! His funeral was largely attended. Mr. Joseph A. Giles, who removed from i this county to Texas about four years ago,} is now on a visit to his relatives in Catawba township. He says he likes Texas, but I am of the opinion that he is still hankering after old York. Mr. J. C. Kilgo, the pastor of the M. E. i Church at this place, will preach to the young men on "\\ ednesday night. Mr. Kilgo's sermons have attracted considerable attention, and whenever his church is open he has a large congregation. The base ball fever has struck Rock llill. 1 Hal. j ITEMS OF GENERAL INTEREST. ? The President has nominated Caleb 11. j West, of Kentucky, to be Governor of Utah. I ? The Senate has eonlirmed the nornina-' < tion of Win. L. Trenholm, of South Caroli- j na, to be Comptroller of the Currency. j ? The House of Representativas has passed a bill granting a pension of $8 per month < to the Mexican war veterans and their sur- ; vi vmg muvnc* ?The whisky men of Atlanta are bowing to the inevitable. Cox, Hill & Thompson, < an old firm among the largest wholesale liquor dealers in the South, have dissolved copartnership and offer their stock for sale. 1 ? Senator Logan is alleged to have seriously weakened himself with the working i people by the introduction of his bill to in- ; crease the army just when labor and capital ! are engaged in serious conflict. The coin-1 cidence is regarded as significant. ? The striking railroad men in the Southern and Western States have continued turbulent for the past week and at Fort Worth, Texas, it was necessaiy to call out seven companies of State troops to preserve order. The demands of the strikers have not been acceded. ? Unprecedented floods have devastated Eortions of southern Tennessee and Ala- i ama. So great is the destruction of prop- i erty that a resolution has been introduced j in the House of Representatives to appro-1 priate $300,000 for the immediate relief of: the sufferers. ? Mr. Thomas It. Magill, of Charlotte,; North Carolina, who is a native of Chester county, South Carolina, is the author of a 1 number of poems which he has recently had printed in a volume containing 181 pages. The poems are short and treat of a variety of subjects, but the best relate to the South and to Ireland. THE COURT OF SESSIONS. THE TRIAL OF1 It. C. BISHOP. He is Convicted of Manslaughter. FULL PROCEEDINGS OF THE TRIAL. OTHER BUSINESS BEFORE THE COURT. The Court of Common PIcnN. In addition to the cases on the Sessions docket reported last week, the following were disposed of on Tuesday afternoon and Wednesday: State vs. W. Drayton Parks; selling liquor without license, (two cases) continued. State vs. George Beckham, colored; carrying concealed weapons. Nolle prosequi entered. State vs. Matt Reid and John Workman, colored; accessory of murder before the fact. John Workman dead; transferred to it /vnn f rl rvrtl?rv4- no f A TV Til + f l?nul WHS VUlJllli^Clll UULRCl CIO lKJ luuu ivviu. State vs. J. X. McGill; appeal from trial justice. Continued by consent. State vs. Mary W. Bolin; selling liquor without license. Continued. ?. State vs. John May, Jr.; n^jieal from Town Council. State vs. S. L. Lowry and J. M. Starr; appeal from Town Council. These two cases, originating before the Town Council of Yorkville, were for alleged violations of the ordinance against the sale of spirituous liquors, and the defendants were found guilty and sentenced to pay a fine of $50 in each case. The defendants appealed to the Court of Sessions and also petitioned the Court of Common Pleas for a writ of certiorari to have the judgment below reviewed. The Circuit Court dismissed the appeal on the ground that there was no provision for appeal from the sentence of a Town Council; but the writ prayed for was granted and the sentence below set aside on the ground that although the Town Council had the right to impose a fine of $50, it could not collect, without suit in the common pleas, any fine above the sum of $20. No other points were decided. The Town Council being defunct by reason of the neglect of the last Legislature to renew the charter, the cases are now ended. State vs. Thomas Massey, colored, charged with the murder of George Gibson, col olored. This homicide occurred at a festival in the eastern part of the county on the night of the 20th of last January. The following jury was impaneled in the case: J. J. Shaw, foreman ; J. B. Robinson, J, R. Barron, J. B. Pegram, W. II. Jackson, J. E. Leech, W. J. Caveny, J. B. Smith, John Knox, J. B. Wood, \V. D. Lesslie, S. B. Carroll. The evidence established a clear case of self defence, and a verdict of not guilty was returned. Wilson & Wilson appeared for the defence. State vs. Lee Hambright, alias Lee Rogers; stealing a horse from Elijah Hardin's stable on the night of the 8th of November. The prisoner, a white man of 22 or 23 years, appeared in the court without counsel, and Messrs. Waters and Cherry were assigned to the defence. The stealing of the horse was not denied ; but the prisoner set up the plea that he is subject to petit mat, and just after an attack of this disorder, and while in a condition to be irresponsible for his acts, he took the horse from the stable and rode it over to Cleveland county, N. C., where he was captured and the horse recovered. The Solicitor mantained that while the medical profession has its scientific terms of grand mal and petit mat, by a happy coincidence in this case, the law also has two technical terms, to-wit: grand larceny and petit larceny; and the jury decided that this was a clear case of grand larceny. State vs. Jt,pnraim mil ; assuuii-unu uuitery of a high and aggravated nature. Verdict, not guilty. State vs. Wm. F. Jonas; fraudulent removal of personal property under levy. Prosecutor, H. F. Adickes. The testimony showed that Charles H. Dixon, acting as trial justice's constable, made a levy on a quantity of corn in an action for debt in which Mr. Adickes was plaintiff and Mr. Jonas defendant, and pending the disposition ol the corn under the levy, and also a claim made upon it by a third party, Mr. Jonas removed to another place, and as the corn was neither under lock nor bar, after having it measured by two disinterested persons, he moved it to the premises of Mr. It. E. Guthrie for the protection of the claimants, Mr. Guthrie assuming the responsibility of delivering the corn, when properly demanded, or its value in cash. No fraudulent intent was shown. Verdict, not guilty. Mr. Chambers for the defence. State vs. Sam Patrick, colored; carrying concealed pistol. Pleaded guilty. State vs. Mack Parker, colored; malicious mischief?wantonly shooting two colts, the property of W. G. Duncan. Verdict, guilty. Mr. Chambers for the defence. State vs. Alonzo Hoffman, colored ; petit larceny. Verdict, guilty. State vs. Berry Anderson, colored; carrying concealed pistol. Verdict, guilty. State vs. Wesley Smith ; selling property under a lien. Continued. State vs. Greene Berry Griffin; bigamy. The defendant, a young white man, a native of Richland county, pleaded guilty, and by his counsel, Mr. Spencer, submitted an affidavit setting forth extenuating circumstances, which his Honor considered. State vs. Frederick Laton, alias Frederick Williams; carrying concealed weapon. Continued. Court then adjourned until Thursday morning. Report of the Grand Jury. On Thursday morning the grand jury made the following final presentment: To His Honor, J. II. Hudson, Presiding Judge: The grand jury beg leave to make the following report: From our limited time we have been enabled to make partial examinations of the various county offices except the offices of the Clerk of tho Court and the Probate Judge, of which we have made no examination. The sanitary condition of the jail is good?much better than we expected to tiiid. Wealso commend the humanity of the sheriff in placing a stove in the jail during the intense CQld weather of the past winter, and thereby relieving the sufferings and adding to the comfort of the unfortunate people conlined in prison. The County Treasurer's office shows the following: The total receipts of the Treasurer's office, for the fiscal year beginning November 1st, 18S4, and ending November 1st, 1,885, amount to ?8,701.57, which to the unappropriated balance on hand, November 1st, 1885, makes ?l(i,l?!.'J4. The disbursements are properly vouched, ?14,."5f!.74. leaving a balance of ?1,7IH>.20 in the Treasurer's hands, 011 November 1st, 1885, the difference in the amount of cash on hand at the beginning and ending of the fiscal ; year is accounted for by the Treasurer that the taxes were not fully collected by November 1st, 1885. The same is true of the railroad tax and the school fund. That there has been a surplus on hand at the close of the fiscal year, does not : imply that the financial condition of the county is good, but we have now the anomalous anil unheard of condition in this county of an empty treasury?110 funds to pay theordinarv expenses of the Court. The County Commissioners state that they < n?k<?d the members of tho Legislature to Jew a tax of three mills for county purposes, when lit in ills was levied in the tax bill, and hence the deficiency. The State having no great fiscal agent as in ante Oct I ion days, and no resource for funds but by taxing her people under a so-called nd valorem system of taxation, and required to raise funds to supply dificiencies at seven per cent., when by statutory enactment contracts for money are made legal at ten per cent. Ilence the great difficulty met by the County Commissioners in negotiating loans; added to this the stringency of money from the low price of staple : produce, and the high price of money has added much to the financial difficulties now existing. The office of the School Commissioner shows neatness and system in the books, and his reports ; condensed and saving in the printing of reports by condensing the amount to be printed. The Treasurer's books are commended for neatness, and as far as our limited time would allow we can say for correctness and accuracy. We have made no examination of the offices of Clerk and Probate Judge, but have elected Messrs. R. M. Plexico, W. II. Stewart and II. J. Gold, of the grand jurors, to examine during the interim of the Court, the various county offices, with the assistance of an expert accountant, i( necessary, and report the results of said exami- i nation to the grand jury. \v<? visited the Poor House farm. 2\ miles from the Court House, and find 14 paupers?8 white and (5 black ; 15 mules, in good condition; ; and 7 head of cattle; 24 bales of cotton and about 84 bushels of corn. Said farm contains 4(>8 acres of land, and should be no expense to the county. I We recommend that the cotton be sold as early as practicable and the proceeds used to purchase supplies, at cash prices, for paupers and farm. The grand jury would also bring to the atten- ] tion of the Court the tendency and growing evil j which is on some of the books of Trial Justices j in issuing warrants and taking cognizance of j small and trivial causes and thereby increasing , the costs to an over-taxed people. Complaint has been mane against the super visor of roads in the vicinty of Black's Station. From a tenacious clay soil and an unusual quantity of rain, and neglect of working roads, are j the causes of the condition of our roads. John T. Lowry, Foreman. After the reading of the report, his Honor commented upon that portion in relation to trivial causes being sent up by Trial Justices, and in condemning this conduct pursued by a large number of these officers, said if the people could have a correct estimate of the expenses to which they are subjected by cases of this character, they would bo astonished at the amount. He ! said it is due to the people that the Legislature I correct this evil. Of other recommendations made by tho grand jury he said the necessary orders would be properly made. The grand i jury was then discharged. Tho Trial of Bishop. After the readinc of tho errand inrv's report. the case of the State vs. Robert C. Bishop, charged with the murder of Arthur N. Turner, Town Marshal of Black's, an incorporated town in this county, was commenced. The deed was charged with having been committed on the 23rd of November last, between the hours ofGand 7 o'clock in the evening. With the accounts of theatfair, as published at the time, and the escape and subsequent arrest of Bishop, our readers are familiar. He was arrested near Augusta, (la., on the night of the 22nd of last January, by a detachment of tho Augusta polieo force, sent out to meet an incoming train, on which tho Chief had been notified by telegraph that Bishop was a passenger. On the following Monday evening, Lieutenant Twiggs, of the Augusta forco, delivered him to the Sheriff of York county, since which time he has been in jail, no effort having been made to obtain bail. Bishop, who is a fine specimen of physical manhood, and a man of good address, appeared in tho court-room with cleanly shaven face, oxcept his moustache, and was neatly attired. By direction of the Court, ft^fn-isb'net-'s dock was placed convenient to his counsel, to tho right of whom, and near the prisoner, his father, Mr. Martin Bishop, a dignified and very respectable looking citizen, was seated during the hearing of the testimony, while the prisoner's daughter, an interesting little child of eleven years, occupied a seat near her grandfather. Bishop is a widower, his wife having been dead several years. His bearing during the trial was easy and unconstrained, but entirely devoid of affected nonchalance or assumed indifference to the importance of the proceedings in which he was the prominent character. Messrs. Wilson it Wilson, of the Yorkvillebar, and Mr. J. C. Jeffries, of Gaffney City, were associated with Mr. Solicitor McDonald in representing the State, and the defence was conducted by Mr. I. G. McKissick, of Union, Mr. J. H. Rion, of Winnsboro, and Hart A TIart, of Yorlcvilln The drawing of the jury was proceeded with in the following manner: J. B. Smith, challenged ; W. I). Lesslie, challenged; J. W. Anderson, challenged ; ll.F. White, accepted; I), A. Fulton, stood aside; '\v. ]<;. smarr, stood aside; M. II. Jackson, stood aside; A. Cody, challenged; David P. Owen, stood aside; J. C.Purselv, accepted; J. J. Shaw, stood asicle; >i. h. Wood, stood aside; J. J. Gaulden, challenged; John Knox, accepted ; J. T. Bigham, stood aside; W. J. Cavenv. accepted; J. L. Williamson, challenged; i^eroy S. Xivcns, stood aside; J. 11. Heath, challenged; R.J. Riggins, stood aside; John M. IIopo, challenged ; J. If. Campbell, accepted ; W. L. Evans, stood aside jj. R. Robinson, challenged; A. J. Goforth, challenged; Rruce Hopper, colored, stood aside; S. E. McFadden, stood aside; J. W. Brown, stood aside; John R. Barron, challenged; O. J. Gwin, stood aside; E. S. Thompson, stood aside; Johnson Moore, challenged ;Sam B. Carroll, stood aside; J. E. Leech, challenged ; J. B. Pegram, challenged ; L. I). Johnson, challenged. With the name ,L. D. Johnson the venire was exhausted, only live jurors having been obtained, when from the names of those stood aside by the State the following were drawn: Leroy S. Xivens, accepted; Sam B. Carroll.^accepted: 07 J. Gwin, challenged BrTTieState; J. W. Brown, challenged ; 5^E. McFaddon. accepted; Bruce Ilopper, colorjuL^uxepIod ; W. L. Evans, acce_pted; R. J*. "Riggins, ohallengEthr*X. T. Bigham, accepted; J. B. Wood, accepted! This name completed tTnTpSii clwTu cfi was as follows : B. F. White, J. C. Pursley, John Knox, W. J. Caveny, J. H. Campbell, Leroy S. Nivens, Sam B. Carroll, S. E. McFaddon, i*r(uce Hopper, colored; W. L. Evans, J. T. Bigham, J. B. Wood. The jurors retired and nominated for foreman B. F. White, who was appointed to that position by the Court. Testimony for the State. I DIRECT EXAMINATION CONDUCTED BY THE S0LICITOR ; CROSS-EXAMINATION BY MR. RION. The State opened with the introduction of A. G. Smith, who being sworn, testified: I live at Black's, in York county. I knew Arthur N. Turner. He is dead. He died on the 24th of November, 1885. He was shot on the 23rd of November; was shot by Mr. Bishop, the defendant at the bar. On that evening 1 arrested Bishop. He had been drinking whisky and threatened to whip out the town council or have his money back?a fine of $5 which the intendant had previously assessed against him for a mi tdemeanor in the town. He had been talking to Turner on the subject, and told Turner to get his d?d council together, that he wanted justice. Turner asked me to assist him in getting up witnesses for the rehearing of the case before the council. The council sustained the intendant in fining Bishop $5. He then pulled out his pistol and swore he would not pay the fine. Turner was the town marshal. Bishop told Turner he would not be arrested by any body. Intendant Black summoned me to assist Turner in arresting Bishop. I went up to Bishop and asked him to be quiet. He said he would not be arrested. About that time he and I and Mr. Goss started down the street. After going a short distance, Turner came up towards us and Bishop said to Turner, "Why have you got that pistol?" Bishop then shoved me away and shot Turner. When Bishop spoke to Turner, Turner turned sideways to Bishop, and Turner was standing still when he was shot. His hands were hanging down when Bishop spoke to him and when he fired. It was about three seconds after Bishop spoke to Turner when Bishop fired. Bishop then started to run and seemed to strike at Goss. Bishop's conduct had been boisterous. Turner had been town marshal since June, 1885. Bishop was in Black's in August. I saw him at (Jaffney City about the 1st of October, and he then said he was coming over to Black's to shoot Ar. Turner for having shot at his mare. The killing occurred in York county. Cross-examined?Bishop's mare was shot at on the first Sunday of August last. The conversation with Bishop at Gafiney City was about the first of October. I do not know of my own knowledge that Turner shot at Bishop's niare. The shooting of Turner occurred about dusk, near Simmons <fc Jaekins' store, near the railroad ; no other building was near. Turner fired once. After the shooting some one handed me Turner's pistol. It was 44 calibre. I shot twice at Bishop. All the shooting was as follows: Bishop shot once: Turner once and I twice? tour shots in all. I do not know of any one else shooting. Turner had asked Bishop a time or two to keep quiet, and Bishop told him to go away from him or he would kill him. When he tireu at Turner he asked, ''Why are yon coming here with that pistol?" > * Be-direct?Bishop's pistol was 38calibre. Bishop tired first, and Turner tired onlv once. The ' - I snooting occurred ten or nueen mcpa uum mu corner of the building. Bishop had been on the other angle and turned the corner. Bishop throwcd me back and pushed (Joss down and then fired at Turner, saying that he would kill the first man that came to him. The shooting occurred about an hour after the re-hearing of the case by the town council. In the meantime Bishop was cursing and abusing the town council. I)r. I). S. Ramsour,sworn: I am a practicing physician at Black's. I attended Arthur N. Turner at the time he was shot. He was shot in tho left side, two and a half inches to the left and below the nipple. The ball passed through and lodged against the spinal column?passed directly through to the left of the spinal column. The wound produced death. I took out the ball. (Exhibited it.) I did not see the shooting. I saw Turner walk up to Bishop a-few minutes before the shooting and ask him to be quiet. Bishop then struck Turner in the breast, knocking him back two or three feet. Bishop said, "Gooff and let mo alone." He struck him in the breast, and put his hand in his pocket while he was talking. This was a short time before the shooting. I saw Turner pass around the corner about a half a minute before the shooting. I do not know the calibre of the bullet. I was in the council meeting about the time it adjourned. Bishop, pointing to Mr. Crosby, one of the council, asked, "Who is that d?d man ?" He then drew out his pistol and shook it about. His demeanor after the trial was about the same as in the councilroom. He talked louder than common and seemed to bemad. Cross-examined?The ball struck below and rather to the left of the nipple. J. 11. Ross, sworn : 1 know Robert C. Bishop, and have known him eight or ten years. I also knew Turner. -I heard Bishop say in my barroom, in Black's, in the latter part of September or the first of October, that he would not be arrested in that town. He appeared to be intoxicated and asked, "Where is old Turner?" He pulled out a pistol and showing the balls in it he swore he would not be arrested in that town. Turner was then policeman. I don't know anything about Bishop's mare havig been shot. I heard of it. This talk was after the mare was said to have been shot at. Cross-examined: I was not a member of the town-council then and am not a member of it now. I am a barkeeper and have been a mem- I her of the town council while a barkeeper. j | il. L. Speers, sworn: I live at Cowpens in Spartanburg county. I know Bishop, and have known him for two years. I did not know j Turner. I heard Bishop say, ono Sunday, that j 1 the town council of Black's had stolen 8"> from j' him and he intended to go to Black's on the next day and ride over the town council or have his j ; money back. 1 do not know that lie said he i 1 knew'Turner. < No cross-examination. s .1.15. Baber, sworn: I knew Bishop and Tur- < nor. I know when Turner was shot?on the 23d i of last November, I heard Bishop say on that i day that he came over for a new trial*or a new fuss, he didn't care which ; that he had come for : satisfaction. A part of the time he was talking i to Turner. He told Turner that if he attempted to arrest him he would shoot him and run. I heard him say-Hys between .'1 and -1 o'clock that afternoon, and the shooting occurred on the same day, between sundown and dark. Bishop was drinking and cursing the mayor of the town. He said that he had not had justice, and that he wanted justice. T saw no badge of oftlcc on Turner. W. J. Carpenter, sworn : I remember the day on which Turner was shot. Soon after Bishop got ofl" the train that day, I heard him say that the town council had cheated hint out of $5, and he would have it or go back to Gaffney City paralyzed. He threatened to shoot Crosby, a member of the town council, or Black, the intendant.or have back the ?5. I heard Turner ask him to be quiet. On the second time Turner went to him and asked him to be quiet, he told Turner that if he came back to him again ho would shoot him. Afterwards I saw Smith and Turner near Simons' store. Smith had hold of Bishop's arm. Turner was coming up towards tliem. Bishop said, "Turner, what are you doing with that pistol ? If you come any nearer I will kill you." Then, pushing Smith aside, he pulled his pistol and tired. This was the third time Turner came up to Bishop. The second time Turner spoke to Bishop, Bishop threatened to kill him ; five minutes later Bishop tired. No cross examination. J. W. Black, sworn: I am intendantof Black's. Turner was marshal, appointed or elected hv the council. Ho gave his bond as marshal on the 1st of last June. A week before the shooting Turner brought Bishop and a man named <?untharpe before nie for a misdemeanor. I fined each one of them $">. About a week later Turner told me that Bishop was in town and threatenedd to shoot me or have back his&i. Bishop'metmeand said he would have a new trial. I told him he had the right to appeal to tire council. After this conversation Bishop came into my store and asked me what I had against him. I replied, nothing. He then threatened to bring his horse to town and ride over the d?d council. I said, laughing, "O Bob, if I were to lie down in the street you wouldn't ride over me," and he said, "No, Jim, I wouldn't hurt you." On Bishop's demand the council was called together and on a rehearing of the case my decision was sustained. >Ir.. C'rosbv made the motion to sustain my decision. \Viion I left the council room Bishop was talking to Turner. I went 011 to my store and heard Bishop say no more after that. Bishop said to me on one occasion that I didn't know what kind of a man he was. fie said his body was heavy enough to break his neck. I have heard that Turner, as town marshal, shot at Bishop's horse. I had given Turner directions to shoot the horse. Frank Gaffney was riding the horse and creating great disorder in the streets, defying arrest, and as the easiest manner to put a stop to his conduct, I directed the marshal to shoot the horse, for which the corporation would pay if necessary. I had attempted to seize the bridle of the horse, and in doing so Gall'ney struck at my hand with a knife. On the 23rd of November Bishop's conduct on the streets of Black's was very disorderly. I ordered Smith to assist Turner in arresting Bishop. I instructed Turner to discharge his duty as marshal; that if Bishop was disorderly it was his duty to arrest him. No cross-examination. J. M. Allison, sworn: I live near Black's. I was in town most of the day on which Turner was shot. I was in town when Bishop came up. Soon after seeing Bishop, I saw Turner and told him that Bishop was in town and I expected we would have some fun. Bishop came up to where I and Black were, and called to Black. He then said to Turner he wanted him to get the council together, lie then said to Turner, "Come hero and I will give you a whipping." He said he would have his $5 back or kill Black. When Turner came up Bishop shoved him away from him and said he didn't want any such a man about him. After this I heard" Bishop cursing and talking. I did not hear Bishop say anything about his mare. He was boasting and threatening as a drunken man would do. No cross-examination. J. T. Goforth, sworn : I saw Bishop and Turner oil' and 011 during the evening. Bishop said to Black that he had come over for a new trial, and asked Black if he didn't think he had been treated badly. I heard Bishop talking loudly 011 the street. I heard Black when he summoned Smith to assist Turner in arresting Bishop. I saw the shooting. Bishop lired the first shot. He fired at Turner. I do not know who lired next after tho first shot. I was distant four or five or six feet when the first shot was fired. Cross-examined: After Bishop lired he started off and seemed to stumble and fall. About the time he got up to start again live or six shots were lired, and one shot was lired after he started. Hogue Allison, sworn: I was present when Turner was shot. I had been around town all the evening. After the rehearing before the town council, Bishop was 011 the street cursing. Turner asked him not to curse 011 the street. Bishop replied to him, "Go^1 way; I will do as I please." Turner summoned 1110 to assist him "? 1);?Ua*v fin flin oltnninf In flVVPSt. ill iiiicauiiS ""iiujj. v.. n.v/ Bishop, he said to Turner, "Go away; I won't be arrested by any man in this town." Turner and I again approached Bishop, and lie said, "Don't come lip to me with that pistol," and as he spoke he lired. Turner fell. Bishop tired the lirst shot. Turner was in the act of stopping when Bishop fired, and they were six or eight feet apart. Turner's pistol was hanging down behind him when Bishop fired, and he did not raise it previous to Bishop firing. After Bishop fired, Turner fired twice and Smith fired twice. No cross examination. Dr. T. B. Whitesides, sworn : I live in York county and ant a member of the town council of Black's. Bishop was cursing on the streets on the 23rd of November and demanding a rehearing on a decision previously made oy I11tendant Black. The rehearing was granted and the decision of the intendant sustained. I saw Bishop, Smith and Goss standing on the street some time after the council adjourned and all appeared to be drunk. A few minutes later Turner came down street in the direction of the council hall, where the party was standing. I advised him against going up to them. But he went up and was fired on by Bishop. Turner fired twice after he fell. Somebody below this crowd fired and the ball struck near where I was standing. I saw Smith when he fired, and I thought this stray ball was fired at Smith. Turner was about fifty years old, married and had three or four children. Bishop told Turner to stop and about two seconds later he lired. Turner was standing still, his pistol hand hanging down, when Bishop fired. They were distant from each other eight or ten feet when Bishop fired. It was Mr. Crosby who made the motion to atlirm the decision of the intendant. Cross-examined: Bishop fired first, and Turner immediately returned the lire. R. A. Westbrook, sworn : Just before the shooting Mr. Ross remarked to me that somebody would be hurt. I then went down the street some twenty feet, when I saw Turner come around the corner and approach Bishop. Turner went on, and just before I reached the sidewalk on which Bishop was standing he drew his pistol and shot Turner. Bishop jerked out his pistol and fired on Turner, who appeared to ' have stopped. Turner's hands were hanging down when Bishop fired. Bishop fired the first shot. There were five or seven shots lired. Turner fell, anil as he fell he fired on Bishop. Turner lived about twenty-four hours after he was shot. Allen Crosby, sworn: I am a member of the town council of Black's. On the re-hearing be lore the council Bishop was taiKanvc. i remained at thecoiincil room but a short time alter the council adjourned, 1 heard shooting afterwards, in the rear of the Crawford building. I heard Bishop threaten to shoot any one who came up to him. After the shooting 1 approached Bishop to ascertain the extent of his wounds. He said, "Stop, or I will shoot you. You have ; come to arrest me." Mr. Kline said to him, ; "Put up your pistol." Bishop made the remark 1 that he was shot all to pieces. It was I who < made the motion in the meeting of the council to allirm the decision of the intendant. Cross-examined: Two members of the coun- i cil voted to atlirm the decision and two voted against it. J. II. Surratt, sworn : I was a member of the i town-council. I saw Bishop awhile before the i council meeting. J had been notified to meet with the town council for the purpose of givjng i Bishop a re-hearing. Meeting Bishop before ] the council convened, he asked me if I was i not a member of this d?d council, and wished to know if 1 was willing for him to have the | $5 tine returned to him. Bishop was drink- i ing. He threatened me in case I was not willing for him to have his So back. The council afllrined the decision of the intendant, and just after the decision, pointing towards Mr. Crosby, Bisli- ] op asked, "who is that d?d man over there?" i and said, "I can do the work for him right here." j After this 1 saw Bishop walking down street with a pistol in his hand and heard him exclaim, ( "Ain'tI scared!" On Turner approaching Bish- < op, Bishop said to him, "I don't intend to be ] arrested by you," and pulled his pistol from his ; pocket. As Turner approached Bishop, I said i to Turner, "I would not go up to Bishop if 1 ; were in your place, for if you do ho will kill you." Turner replied that he had orders to arrest Bishop. As Turner came nearer to Bishop, Bishop said, "Here you come with that pistol; , don't you come to me with that pistol," and then ' he tired. Bishop fired first. Turner had stop- 1 ped and was standing perfectly still when Bishop fired. They were less than* ten feet apart. Cross-examined: I do not know that Smith ' tired. I think there were five shots, but do not i i know who fired except Bishop and Turner. ] The Act of the Legislature incorporating the I town of Black's, and all Acts amendatory thereto were put in evidence that Blade's is an incorporated town under the laws of South Carolina. The Stato rested. The hour of 1 P. M., having arrived the Court took a recess until 2.2U. 11 / \ I Testimony for the Defence. ; < URKC'i' KXAMINATIOX CONDUC'THD BY MR. RION ; j j CROSS-EXAMINATION BY W. II. WILSON, .IR. When Court reeonyenetl after recess the do- | fence introduced its testimony with J. D. Hus- |, key, who testified: ! ' I live in Spartanburg county. I knew Arthur ' N*. Turner. I saw hitn at Black's before he was ' killed. On that evening I saw Turner and Bisk- < ip near Simon Brothers' store. I heard Bishop fay to Turner, "I)o not follow me; I am going i art'from this place now." Bishop walked on to > near the corner of the store. Turner followed, i and soon the shooting commenced. I saw the > flashes of both pistols. Turner tired first. 1 ' saw Smith near them. Turner was nearer Bishop j than Smith. Smith tired three times. I saw I Mr. Prewitt. lie was not far from Bishop. He ' was nearer to Bishop than Turner was. Prewitt I tired twice. I saw Turner on the Sunday before < the shooting. He then said to mo that he had 1 lead in his pocket for sonic d?n rascal .and was ! genii}; to give it to nun wuen ne cniiic, om. no mentioned 110 name. I saw Bishop when he fell. There was tiring while he was down, but none that I saw after he got up. Cross-examined: I was standing at the cor- ! ner of Simon Brothers' store when Bishop spoke to Turner. I then moved down about three steps further, and there remained until the shooting was over. [ was friendly with Turner. 1 I did not say in the presence of J. M. Allison that I was glad Turner was killed. lie-direct: I never had any fuss with Turner, and I know of no reason why I should he glad that he was killed. I am not related to Bishop and have no business connection with him. By the State: I don't know that my brotherin-law, Blanton, had a dilliculty with Turner. Francis Gatlhey, sworn : I remember the occurrence of Turner shooting at the mare I was riding. It was about the 1st of last August. I had a dilliculty at Black's with a fellow, and Turner arrested me. I met Intendant Black in the barber shop and spoke to him about it. Kit Carpenter then told me to get on my horse and ride olf. He said the intendant advised that I should go, and that if I would ride away he would make it all right. I soon after started, and after startingl saw Turner coming aftef- me. My horse was loping. Turner first struck the horse with a stick and then fired his pistol at it. Again he fired at my horse or me; the flash of his pistol burned my ear. As I rode off a crowd followed me. The intendant told me if I would get ojf my horse he would give me a fair fight, but 1 left, and as I rode away from the crowd some one behind me said, ".Shoot the horse under him." Turner, Crosby and Skates followed me five mile/. I was riding Bishop's horse, which I had/borrowed. Bishop is not related to me. / Cross-examined : I went to Black's for whisky. I did n ot propose to surrender to the marshal while t ley were shooting at me. I tried to cut the inteidant when he was endeavoring to tako ray I10 se from me. James Gi ison, sworn: I live near Gatrnev's and am a far iner by occupation. I was at Black's on the day tiie dilliculty occurred. I heard the tiring, but dp not know who did it. I was some 150 yards away and did not go down to the crowd. I dil not see Turner 011 that day previous to thejdillicultv. On the Saturday before it occurred, Turner came to my meat market in Black's and asked if Bishop had said any thing to me about! that money, and I told him that Bishop had said to me that he lost a J$T> bill when he paid his fine on Thursday. Turner then replied, "Bishop need not come hero cutting up; if lin ilnou T will nut him in that pallnhnOSP. dpiid or alive." John Huskey, recalled: I saw Turner after the shooting. They were carrying him up to Carpenter's store. *He said to the crowd : "You see now what you have brought me to." Two men were carrying him. Several others were around. Mr. Dempsey was one of the men carrying him. Logan Gibson, sworn: James Gibson is my father. I heard the conversation between Bishop and my father. 1 saw Bishop and Goss near Simon Brothers' store, and saw Turner go down there towards them. I saw Bishop start to run just after the shooting. He seemed to me to stoop down, and about that timethocrowd began to run. I do not know who tired first. Mr. Goss fell down about the same time Turner fell. Cross-examined: I have known Bishop ever since I have been living at Gatfney City. My father lives there too. Bishop's home is at Gatfney City. I saw Bishop and Goss standing on the sidewalk talking, just before the shooting. I did not see Allison. Some twenty-five or thirty persons went around the corner, and soon after the crowd went down the shooting commenced. Martin II. Kitchens, sworn: I was in town late in the evening?got there about the time the town council adjourned from the rehearing of Bishop's case. I saw Bishop come down from the council room. I heard him say that Black had acted the rascal. About that time Turner approached, and Bishop asked him, "Why do you come here?" Turner replied, "To arrest you." Bishop said, "I'll bet you $5 you don't; I am going to leave." I then went on down towards the railroad. Bishop moved off and Turner followed after him. Bishop then asked, "Why do you come after me?" Bishop and tios.s were then wanting togetuer ana as they approached me I stepped oft' the sidewalk to let them pass. At that time Goss was the only person near Bishop. I stepped aside because I wished to get out of danger. I am not confident who fired the first shot. There was quite a crowd around. My belief is that Turner fired first. He was moving toward Bishop like a man who intended to do his work as soon as he could. The first report appeared to be in the crowd that went down first. No cross-examination. J. II. Rhyne, sworn: I happened to pass the spot just a few minutes before the shooting commenced. I heard Bishop say "Don't come any nearer, or I'll shoot you.'' I was in Carpenter's store when the shooting occurred, and did not see Bishop at that time. No cross-examination. Henry Wliisonant, sworn: I now live at Black's. The first time I ever saw Bishop was on the occasion of his first visit to the town. On the second yisit, I was talking to Turner, when Bishop came up and asked Turner if he made the other boys pay their fines at the same time ho paid his." Turner referred him to Intendant Black. After this conversation Turner said to me that he did not intend to try to arrest Bob Bishop that day, but would shoot him down on the street. I am 110 relative of Bishop's, nor have never had any difficulty with Turner. Cross-examined: I don't know Bishop intimately. I don't know that I was ever arrested by Turner. I was once notified to appear before the intendant, which I did, and paid a fine for halloing on the street. I think it was Allison who took me before the intendant 011 that occasion. On the day of the shooting Bishop and I took two drinks together. He treated me and I treated him. I know nothing about the shooting. George Black, colored, sworn: Q.?Do you know any of that jury? You need not say whom. Answer?Yes. The examination then proceeded. On the evening of the shooting I saw Bishop near SFmons' store. He was walking down thestreet. Turner approached Bishop. 1 heard Bishop toll Turner to go away; that he would not be arrested. Turner then left, but afterwards returned, when Bishop asked, "Why are you following me with your pistol?" When I turned to leave, Turner was still approaching Bishop, Turner having his pistol in his hand. Turner was carrying a long pistol. My hack was to the firing. Cross-examined: Previous to the shooting Bishop and Goss had been talking. Smith had not then got up to them. Turner stepped only a few steps back when he returned towards Bishop, and then Bishop asked, "Why are you coming on me with your pistol ?" When 1 saw them last Turner was in advance of Smith, at which time I turned from the crowd. Redirect: I do not know now that i saw Mr. Prewitt. I saw 110 pistol on Bishop. William Huddleston, colored, sworn: I live in Spartanburg county, tour nines irom imuch s. I was in town that day. After the rehearing of Bishop's ease by the town council, I saw Bishop standing on the side walk, and Turner talking to him about arresting him. I heard Bishop say he would not be arrested, that he had done nothing to be arrested for. Turner left Bishop, but soon returned when Bishop said to him not to come again. As Turner came near to Bishop, < Bishop said, "What is that you havo behind ? you? J t is a pistol to shoot me with." I did not ! see the firing. From the report the first shot ! sounded on the upper side of the crowd. I saw ] Turner coek his pistol before he went up to Bish- < r>p the last time, and I heard Turner say that he ] was aiming to arrest Bishop if what he had in ( his pistol would do it. 1 have not seen Bishop since that night. I Cross-examined. I don't know where Bishop went that night. I saw him in the restaurant t [iftor he was wounded, but do not know who i took him away. Wesley Littlejohn, colored, sworn : I live at Gafl'ney City. One day Turner asked me if I i had ever heart! Bishop say anything about the t trouble over his fine, arid ho remarked that 1 Bishop had better not come to Black's and at- < tempt to bulldozo the town, that this (showing t me his pistol) would fix him. * t No cross-examination. ] Tony Anderson, colored, sworn : I live at i Black's and am employed at the lime works. I j heard the shooting, but did not see it. I haven no idea who shot first. The first report was I > loudest. j t John Anderson, colored, sworn: Tony An- ! lerson is my father. I live at Gaffney City. I ; ( was at Black's on the night of the shooting. I j heard some person say to Turner, "Why don't \ i vou arrest him?" Turner then cocked his pis- j I tol and said, "Hold on." I do not know who | isked Turner why ho didn't arrest Bishop. ! I No cross-examination. ; i Joe Lockhart, colored, sworn: I live at ; Black's and am employed at the lime works, i As I came up from the works that night 1 heard i Turner say to Bishop, "Bob, hush talking so 1 loud." Bishop Sftidl he would and walked oil", j j He wenUi~*Hort distance and Turner followed ! 1 him with a pistol in his hand, when Bishop said, | "What is that you have got?" The firing then 1 commenced. Four or five shots were fired. I 1 have no idea who fired the first. 1 saw no pis tol on Bishop. ( Edward C. Goss, sworn: I live in Norfolk, t Va., am a clerk in the Norfolk Navy yard. I < was born in Spartanburg qpunty, but raised in Union. I attended Mr. Townsend's school in s Union county before receiving an appointment j In the Naval Academy. I was at Black's on the i lay this shooting occurred. About 4 in the alernoon I was walking down the street and saw ,wo or three men coming down from what I was old was the town council room. I there met fim Whisonant, whom T knew, and he intralucedmeand Bishop. We had a friendly conversation. Bishop being told that I was from Union eountv, appeared glad to meet me on that recount, and we went into a bar and took a Irink. After coming out, while standingon the <ido walk, a man came up and spoke to Bishop, md said, "Don't make so much fuss." I was -j surprised, as there was no occasion for such a request. Soon after this, Bishop and myself darted down the street, walking side by side, rvhcn an elderly man' came up towards us. Bishop said, "What are you doing with that pjsLol?" and seizing me with both hands endeavored to pull me around in front, as if to make breastworks of me, and while Bishop was so sngaged a pistol was fired at him. (Witness then illustrated the position of the different persons.) After the firing, Bishop, who seemed to have stumbled, got up and sat down on a box. Tiie ball fired fit Bishop struck the ground in front of us. I endeavored to disengage myself from Bishop, as I wished to get out of the danger. and in the excitement I lost my hat. I knew A. G. Smith. He was on the right oi Turner. He fired soon after Turner fired. 1 was near Bishop and at his side when the halt * shot first struck near the ground. Cross-examined: Bishop had hold of me with both hands when the first shot was fired. I did not getaway from him until after he fired. It was some little time after the shooting when m Bishop took a seat on the box. If I was not sober at the time, I can say I was not drunk. I was not so far under the influence of liquor that I did not know what was going on around me. I had taken three drinks that day, and do not deny that I felt the effect of them. Why I did not "go around for my hat was that I feared to go up where the shooting took place. I went to my sister's house after the shooting. I was not car- ? ried to her house. I walked there; was accompanied by some one, Mr. Rhyne, I think. Joe Lockhart, recalled: I changed Mr. Goss' hat with Bishop, who had it on. William H. White, sworn: I live on Broad River, in this county. I arrived here about noon to-day. I saw" A. G. Smith, after thiif* ^ difficulty, at Black's. Ho then told me that he had shot Bishop. I asked him why he shot Bishop, and he said because Bishon came t there and got drunk and swore he would not be arrested. He said that Turner fired once and ho fired twice, and it was their intention to shoot Bishop. He said he did not kill Bishop because he had a little pistol, only two barrels of which would fire, and the rest of the crowd would not stand up to him. He said Bishop was a powerful man?larger than he. This was after Bishop was shot and beforo he was arrested. I suggest- *? ed that I thought Bishop had been killed anil, they were concealing the fact. He said no, but that ho told Turner to go ahead and either kill Bishop or arrest him. He said that Turner and Bishop fired about the same time; if anything, Turner fired first. Ho also said that if he had bad Turner's pistol, he would have killed Bishop. Cross-examined: I was arrested by Smith on T C that same night, because I was drunk. Robert C. Bishop, sworn: I went to Black's on the 23rd of November. A few days before that I had a difficulty there with a man named Guntliarpe and another person. I appeared be- , ^ fore Intendant Black, who fined me $$. He would not hear my witnesses, and instead of taking down my statement, as he was pretend- ?* ' ing to do, I discovered that he was only scribbling on a card?not writing at all. I was not satisfied with his decision, but I paid the fine, and lie then asked me if I had a pistol. I said yes, and laid it on his desk and then Guntharpe drew a knife. He and the other man were fined only 82.50 each. In paying my fine I lost a fivedollar bill, and requested, if" they found it, to return it to me. I was dissatisfied with the result, but did not care to renew the trouble. On the 23rd I went to Black's on other business, but meeting with Turner, I spoke to him about the fine, and ho referred me to Intendant Black. A rehearing of the case was granted. Surratt and Whitesides favored refunding the fine, but three opposed it, and when the decision was made, I just said, "Well., that settles it. ' Going down from the room 1 met Goss on the side walk, and we went and took a drink. When we came out on the street again, some one spoke to me about the trial, and I replied, "D?n the trial ; I care nothing for it." Turner then came up and said I must be quiet. I replied, certainly; and re- 4 marked that if our conversation was disturbing the town we could go to an old field in the edge of town, where I supposed we could talk as much as we pleased. So saying, I and Goss moved away, when soon after, I saw some one approaching us. lie had a pistol in his hand. I dill not then know it was Turner. I had no idea that the object was to arrest me. Seeing the pistol, I said, "What is that? What are you going to do with that pistol?" I then caught hold of Goss. The man kept coming on and as he approached I spoke to him again, when he fired at me. I struck my toe against a ladder and fell. In the shooting six or seven shots struck me. I was shot in the hand, and a ball struck my side, and then I pulled out my pistol and fired at the crowd one time. I was struck four times: on ^ the left hand through four fingers ; on oue^linger . of the right hand ; on the chin : a ball entered my side under the right arm and is there yet; and a ball passed through my clothing without touching my rte&h. (Garments worn on that day shown to the jury.) Theshots were received just before and as I fell, the halls coming rapidly. After the shooting ceased I sat down on a box near by, and afterwards went and picked up my pistol. I then told the crowd that none of them must put their hands on me, that I was going to the restaurant to see how much I was hurt. No one tried to arrest me after the shooting. From the restaurant I walked to the railroad crossing and * walked on the railroad track to my home, a distance of 9 or 10 miles. I laid down and , rested one time on the way. There were four A balls in my pistol after the firing ceased. I ^ showed it to persons who saw them. My pistol ^ is 32-calibre. I learned on Wednesday that Turner was dead. I first went to my brother-inlaw's, and from there to my father-in-law's, in Union county. I left there about the 20th of January, and left because I wanted the excitement to abate before going to trial, and was advised by friends to go off and stay until fall at least. I had no intention of staving off a trial, but intended, if I escaped, to return for trial after the excitement cooled down. I was on friendly terms with Turner, and on the day of the first hearing before Intendant Black, he merely notified me to appear before the intendant." He had no trouble arresting me, and on the day of the difficulty, had he notified me, I would have went before*the council without any trouble. I had received intimation from James Gibson that Turner had threatened to shoot me. I did not have the reported conversation with H. L. Speers. My mare was shot at about the 1st of August. The mare was not hurt, and I thought as hard of Gaffney as Turner about it. I considered my life in danger when I saw Turner coming up and when he fired on me. I never threatened to kill Black, though I did not like him. I had no feeling toward him to induce me to wish to take his life. On the day Black imposed the fine on me I thought he was drinking. No cross-examination. D. B. Cash, sworn : I live near Gaffney City. I was at Black's on the day of the difficulty. I was across the street from the scene of the shooting. I think Turner shot first. I can't tell who fired next. I think eight shots were fired. Bishop shot once. I saw Turner cock his pistol before approaching Bishop. I saw loss between Bishop and Turner, in front of Bishop. Don't remember seeing Smith. I saw | Turner fire, and saw Bishop fire. I was standing on a platform in front of the shooting, twen- 4 ty or thirty feet distant. Goss was held by Bishop in Bishop's front. Cross-examined: I was in front ot Gibson's restaurant on the opposite side of the street from ? Simon Brothers' store. The shooting was near the corner. I did not take any interest in the arrest of Bishop. I might have"said, after the difficulty. that if any one would go to James Gibson's bouse they could find Bishop. Redirect: I have no friendly relations with Bishop. I could plainly see the shooting from where 1 stood. The defence closed. Tin1 State in Reply. A. G. Smith, recalled: I heard the testimony uf William H. White. In the conversation he spoke of 1 told him that Bishop shot first. I said that Bishop shot and then Turner and I diot, and I was trying to shoot Bishop to stop liim. 1 had hold of Bishop when he shot Turn ?r. I did not see Bishop pull Goss in front ot liim, and I was near enough to see it if he had lone so. I went to Bishop before Turner did. Bishop's pistol is 38-calibre. I have seen it, and lie has told me it is 38-calibre. Cross-examined: I don't know that I could :ell a 38-ealibre ball. The ball taken from Turner shown. The State then introduced the ball as evidence. J. W. Black, recalled: I did not go down a itli the crowd to Bishop. At the first hearing :o which he refers, 1 did not refuse to examine w itnesses. Bishop declined to have his witnessis examined. The trouble we had with Gaft'ney iriginated in a difficulty between him and *a ramp. Turner proposed to arrest Gaft'ney, but I thought it would be best to let him go off, and idvised 110 one to arrest him. Gaft'ney rode iround the corner and I tried to seize his bridle rein, and when I took hold of the bridle he ( (truck at me with his knife. I followed him wo squares as he rode off. I saw Goss with Bishop that afternoon, but I cannot say to what* ixtent Goss was under the influence of liquor. 4 .J. rtTUlll'U ; i oan vivao u icn mmites before the shooting, lie seemed to be a ittle intoxicated, but not past going. Cross-examined: He could have went home iv himself. I don't think he was unable to see ind know what was going on around him. I)r. T. I?. Whitesides, recalled: A.G.Smith vas around with Bishop just before the shoottig. lie was close to Bishop and went up be'ore Turner did. I know William H. "\\ hite. His reputation for veracity is mighty bad ; I von Id not believe him on his oath. Cross-examined: I don't know whether I vould believe White or not in a matter in which to was not interested; he won't tell the truth. J. H. Surratt, recalled: Smith was near Bish>p and had his hand on him when Bishop did lie shooting. Bishop did not hold Goss in front if him. 1 William I). Glenn, sworn: I am a deputy sheriff, and by reason of my duties have theoplortunity of handling amis and am familiar ,vith the calibre of different pistols. T cannot