Historical Newspapers of South Carolina

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ESTABLISHED ES" 18 THEY WILL HANG. Two Brutal Murderers Promptly Convicted Over In Lexington. TELL OF THEIR ICRME TVhice Was Brutal in the Extrem??? The Slayers of Aged Mrs. Ellisor Given Quick' Trial and Will Be Speedily Executed?A Very Large I Crown Witnessed the Trial, but Everything Passed Off Quietly. Ned and Brack Toland. the two negro boys who killed Mrs. Frances Ellisor" at Cayce, across the river from Columbia, on Wednesday, Feb ruary 26, were convicted at Lexing ton, on Tuesday of murder in the ?first degree and Judge James W. De Vore sentenced them to hand on Fri day, May T. The trial consumed only about eight hours.. Capt. Jos. R. Allen and the Rich land Volunteers escorted the prison ers to Lexington Tuesday morning from the South Carolina penitentiary andthroughout the trial remained on duty, ?withlfixed bayonets, around the prison dock. The court room was crowded to its capacity and there were not less than 80 0 people in town to witness the trial.? There was not the slightfc.-.t sign of drunkenness and perfect order prevailed throughout the day: Judge DeVore' of Edgefield, the newly elected judge of the Eleventh circuit was commissioned by Govern or Ansel to hold the special term of court ordered to try the Toland broth ers. He proved an excellent presid ing judge, and there was not a hitch in the proceedings of the court from the opening to the hour when the crier announced it adjourned sine die. The trip was made to Lexington without mishap. A crowd of perhaps 100 men were at the station at Lex ington when the train, arrived, but the engineer, exercising due caution, ran past the staton about 300 .yards, 'where the soldiers detrained and, ?with the prisoners in the centre of ?company platoons, the march to Lex ington court house, one mile and a half distant, was begun. The pris oners were extremely nervous and seemed to be momentarily in fear of receiving bodily harm, and .three times "between the station and the court house it was necessary for the mili tia" to halt for five minute periods to allow the negroes to Test, Ned Toland giving out completely. As they neared the court building several men on the corner of the street opposite the entrance of the court house yelled three or four times, and some person loudly called, "Where are you niggers?"?but noth ing was started. The crowd in front of the bulding cleared the way for the miliatia and prisoners and soon they were safely in the court room and the negroes seated in the dock Here a line of militia was placed on each side of the aisle, on the outer side of the bar railing, a line on each side cf the aisle inside the rail ing and four at either corner of the prison dock. Two yound lawyers were appointed by the Judge to defend the murderers and the defendants were then formal ly placed on trial and a, plea of not guilty was entered as to each. Under the law a defendant can not plead guilty in a case the possible outcome of which is capital punishment. Found the Body. Mr. Paul Ellisor, nusband of the deceased, was the first witness. He testified that when he left ..his home at Cayce on the morning of Feb. 26, to .go. to -New .Brookland, he .left his wife there, in good health." %e left his home about 7 o'clock and re turned about it. The house was locked. When he entered he found his wife's dead obdy in a clothes bas ket in the rear room, with clothes and quilts thrown over her. Her clothes were bloody and there were wounds on her head and face. He stated that he missed a gun, loaded shells, a razor, a coat, his wife's cloak and other articles from the room. *ie identified the coat, which at that very moment Brack Toland was wearing, as the coat that was taken from hs house the morning of the murder. His gun had been returned to him by' Mr. M. P. Fox. The gun was, identified by witness and placed in ?evdence. It is a single barreled breech loader. The axe with which the crime was committed was identified and put iu evidence. He said that the axe was standing at the foot of the bed and there was blood on the table. It had been used to break open the trunk. He identified the razor, three hankerchiefs an*d three watch chains which were found on Brack Toland by Sheriff Buford. I Two chains, hankerchiefs, 3tc:, found on Ned Toland by Sheriff riu lord were identified by Mr Ellisor Witness testified that he was the first to reach his wife and when he discovered her body in the basket life was extinct. There was a bad gash in the top of the heau and anotber ugly wound on the side of her face. There was blood on her dress, espec ially around the throat. There was no sign of a struggle. As soon as he could recover from the shock he informed his neighbors of the crime. Sheriff Buford Made Arrest. M. M. Buford, sheriff of Newberry county, testified that he made the ar rest of Ned and Brack Toland on the 69. BOOZE WINS FIGHT. DISPENSARY HAS CLOSE CALL IN AIKEN COUNTY. ") . With Three Small Boxes Yet to be Heard Prom the Vote Stands 877 to 822. A dispatch from Aiken to The State says the election there Wednes day as to dispensary or prohibition resulted in a victory for' the county dspensary by a very small majority. With all but three small boxes heard from the dispensary has a lead of 55, and it is probable the other three boxes will run the ma jority up to 100 or more. Great interest was taken in the election? all over the -county. Al though r.he weather was threatening a large crowd was around the polls in Aiken all day, among whom were many ladies. About the time the returns began to come in it began to rain but notwithstanding this large crowds assembled around the bulle tin boards ana waited for the returns which came in rapidly, it was a close election. The following is the total vote: For dispensary, 877; against dispensary, 822 night of Feb. 26 between Hilton and Little Mountain, on the Columbia, Newberry and Laurens railroad. The arrest was made on the train. He was in' Columbia on the day -.hat Mrs. Ellisor was murdered." Intended taking 7.25 train for Newberry, but was called off by Mr. L. B. Aber nathy, who told him that Mr Adam D. Shull wanted to talk with him about this murder. 1 There were a series of objections to this line of testimony as being here say and witness was instructed that he couldn't tell what others had said to him. He told of receiving information from Conductor John C. McCain of the presence in the forward part of the train that two negroes whom the conductor had suspected as having been connected with the murder. He arrested them and took them to the Newberry jail. They denied any knowledge of the ? crime. Later he telephoned for Mr. M. F. Fox to come to Newberry and identify the prison ers. Mr. Fox and Mr. Abernathy came up early Thursday morning and after the former identified them they were taken to Columbia and placed in the penitentiary for safe keeping. ? Sheriff Buford stt.rted to tell of a statement made by Brack* Toland while in the Newberry jail, but this was objected to by counsel for the defendants on the gruond that proper grounds for introducing a confession had I not been laid and on further ground that the statement was made after the negroes had been told that they were in danger. The solicitor did not insist on the statement, and this feature was dropped. Sheriff Buford identified the arti cles found on the defendants. Confessed to Capt. Griffith. Capt. D. J. Griffith, superintendent of the State penitentiary, testified that the defendants were placed in the penitentiary on February 27. He had a conversation with both of them in his office a few days later. They made voluntary statements about the Ellis or murder. Brack was the first to make a statement about the affair. He said he had never been away from home before; was induced by his brother to accompany him on this trip, telling him that he (Ned) knew where they could get some money. He said they staid around Cayce's depot for a day or two and the morning of the date on which they were arrested he and "Ned- went to the housejwhere Mrs. Ellisor lived. They went luto the house and asked for some bread. She gave them some biscuits and they offered to pay for it but she refused to take any pay. They then started Into the house to warm. Mrs. Ellisor. he said, at first made no objection to their warming, but that she told them that she believed they were "up to some meanness." ? Brack said that they grabbed her and while his brother got the axe he held her tight. Ned hit her in the head two or three times and they put her body in a basket, got some things out of the house and they ran, going through the woods a piece. They sold the gun to a man at New Brookland and then went tjo Columbia, taking the train from there and going to Irrao; that they walked up the railroad from Irmo to Hilton, boarding the C. N. and L. train there and being arrested a few minutes lat er by Sheriff Buford. Capt. Griffith said he warned Brack before he made any statement that it would be used against him. After Brack was sent back to his cell, Ned was brought to the office and made substantially the same statement as that made by Brack, he too, being warned that he could not be made to make any confession and that whatever he said would be used against him. Capt. C. C. Roberts of the peniten tiary guard corrobated Capt. Griffith's testimony. The statements made by Ned and Brack Toland were made in his hearing as well as in the hearing of Corporal J. P. Harling. Ned Toland on Stand. Ned Toland was sworn for the de fense. He said he was from Pros perity. Left home on Monday (Feb. 24); told his brother that he was go ing to Columbia. His brother and he "beat" the local freight to Columbia. When they reached Columbia they ORANGES! went to a restaurant. He bought some cocaine fr .a a negro named Luther. After getting dinner he and his brother went to Cayce. He carried coal for the operator at Cayce and the latter; allowed the two to sleep in the waiting room. They swept out the waiting room the next morning and then they left and went up the dirt road and stopped at a lady's house and got something to eat; saw Mr. Ellisor working in the field near his home. After getting something to eat at the lady's house they went into the woods and built up a fire, staying there until late in the after noon, when they returned to Capce and again used the waiting roonr'to sleep in. f Leaving the station Wednesday morning, he took some more cocaine. He had but one nickel left. He and his brother started out, his brother saying that he was hungry. They went up to Mrs. Ellisor's and she gave them some bread. They then asked to be allowed to warm but she told them not to come in. laey went on in awyway and he grabbed her and told her he would kill hert His brother grabbed him and ? told him hot to kill her. ? He pushed her to ward the back room and picked up the axe and struck her in the head. Brack turned her loose just before he struck her and walked out of the house. Ned said he put Mrs. Ellisor's body in the basket and covered It up and then took a gun, a lot of shells, coat, etc., and locked the door of the house and left. He told Brack to get be hind him and step in his (Ned's) tracks, which Brack did. They cross ed the road and went through the woods toward Brookland, passing three men who were hunting. They got something to eat in Brookland after he had sold the gun to Mr. Fox. Brack was worried about killing the "old woman'* a-.d told told him he "oughtn't to have done it." They crossed the bridge into Co lumbia and stopped at the'C. N. & L. depot. They caught the midday train out but got off up the road, a few miles. They walked from Irmo to Hilton, where they caught train No. 21 for Newberry. He told of their arrest on the train and said that he iied to sheriff Buford about their names and where they- were from. Cocaine Fiend. With tears in his eyes Ned said, "I'm de one dat's guilty of killing dat 'owman. Mr brother is innocent and I did it because I'd been taking cocaine. I done It all and I just ask for mercy and dat you don't hang me." He said Braek begged him not to kill the woman, and if he had listen ed to him he would not be where he is now. Solicitor Timmerman asked Ned to explain the effects of cocaine and this Is what he gave: "When you snuff cocaine and put It on your tongue It deadens the ton gue?gives you more nerve than you want?looks like It make you do any thing. Its a king of good feeling but you'll do anything. He said he had been "snuffing" cocaine for three or four years. Ned declared that the story told by Brack at Newberry was "made up." He said he told Brack to tell what he did, "so's to keep the blame offen me." He said his brother had always been a good boy, whereas he (Ned) bad been in trouble often. He said he told Brack that he would shield him (Ned) on account of his bad "recommendation." This makes the fourth time he has been in jail; serv ed on the chaingang for breaking in a store; he and "Young Bridges" rob bed the Sligh postoffice and were sent to Atlanta, and he was sent to the chain gang once on account of some trouble he had with his wife. He said Mrs. Ellisor begged them not to kill her, but he was scared and did it anyhow. Brack Toland's Story. Brack Toland testified that he had been away from home but one time before the day when Mrs. Ellisor was killed. He deniel having anything to do with the killinB of Mrs. Ellisor. DQRG-, S. C. FRIDAY, APJ THE HANDWRITING. He said he told Sheriff Buford the story at Newberry in the hope of helping to shield his brother, that he told what he did because his brother told him to tell it.- f He admitted telling Capt. Griffith that he held Mrs. Ellisor while his rbother hit her in the head with the axe. He said this was not the truth, that he was not holding her when Ned struck her. He begged Ned not to kill her?told him that if he want ed anything in the house to get it. He was holding her with one hand cad pushing his brother away with the other. Ned had hold of her with his left hand and the axe was in his right hand. He turned her and his brother loose and ran out of the door when the first blow was struck. He went outside the house and was com ing back up the steps when his broth er came out. Ned locked the door and threw the key in the yard. They then left the house and went toward New Brookland. Subsequent events were detailed and his story as to these was the same as told byNed. He didn't seem to realize the gravi ty of his situation and evidently was laboring under the impression that the jury would be -more lenient in dealing with him than \ it would in dealing with Ned. It appeared that he was after clearing himself regard less of what the consequences were as to Ned. There was nothing in his manner to give the impression that the story told on the witness stand was more truthful than that which he had told Capt. Grifith and Capt. Roberts, and few of the specta tosr believed tha t it was another "hatched up" story, concocked for the sole purpose of clearing, his own skirts of the dastardly crime. Pleaded for Mercy. After the jury brought in the ver dict of guilty the prisoners were told/ to stand and receive the sentence of the Court. Almost every man in the building rose to get a look at the ne groes, but at the request of Sheriff Corley they quickly resumed their seats. - Asked if they had anything to say why sentence of death should not be pronounced, Ned said: "I ask the court to have mercy upon me and please don't hang me. I am guilty, but my brother, is innocent." When the question was- put ? to Brack he said: "I ask for the mercy of the court, but I am Innocent; my brother done it." Judge DeVore then read the sen tence of the court: "That the defend ants, Ned and Brack Toland, be tak en from whence they last came (peni tentiary) and there be kept in safe confinement until Friday May 1, 1908. when they are to be taken to the regular place of execution for Lexington county, there to be hang ed by their necks until they are dead, between the hours of 10 a. m. and 2 p. m." / TERKIBLE EXPLOSION. I Towns Within a Radius of lOightccn Miles Damaged. Many men were reported killed, several fatally injured, and a number missing in an explosion early Tues day morning at the Aetna mills of the Dupont Powder company, near, Mil lers, Ind. The shock of the explosion war. heard IS miles away. The wrecked plant employed from 150 to 200 men in the day time, but the full force was not at work when the disaster tccurred. The mghi shift had just completed its task when the death-dealing blast startled the town. Houses were dis mantled and windows broken hun dreds of yards away from the scene. At Chesterton, Ind., harbor, Gary .nd Dane Park, a dozen or more milefe distant, citizens thought an earth quake was upon them. Physicians and nurses were hur ried to the scene. A number of the injured were removed to the new hos pital at Gary on trains over the Lake Shore, and Baltimore and Ohio, and Wabash. 1IL 17, 1908. After Shooting His Sixteen Year Old Daughter Twice. SHOCKING TRAGEDY Occured in n Girl's School at Ashe ville. The Young Lacty had Taken Part in April Pool Joke and her Father visits her at School, Shoots Her,and then Commits Suicide. A terrible tragedy was enacted at Asheville, N. C, on Wednesday. En raged at his 16>-year-old daughter Nellie, because of a harmless school girl prank, Dr. D. D. Swinney. who recently went to Ashevilre, from New York, fired two shots at her. fatally wounding her, and tnen turning tne revolver on himself, he placea \.uv muzzle in his mouth and puiied the trigger, dying almost instantly. Badly wounded as she was, with two bullets emmbedded in her skull, Miss Swinney ran from the room up-stairs to the principal's room before she fell. \ The tragedy occurned in the recep tion room of the Normal and Oolleg school for girls, where Miss Swinney had been a pupil for the past session Just what occured prior to the shoot ing is not known as there were no witnesses and the girl, while still conscious could give but a* vague account. Dr. Swinney, who, up to a few years ago, had been a viromi ntne physician In New York city, has been in poor health, and of late it is alleged his mind has been un balanced. Recently his daughter was one of a number of school girls, who, as an April fool's joke, absented them selves from r-chool, and the father brooded over the little escapade un til it assumed to him the proportio?s of actual wrong-doing. When Dr. Swinney called on his daughter at the school this afternoon about 3 o'clock he was shown into the recep tion room, and a few minuter later his daughter came down and went into the room, closing the door be hind her. She sat down at the piano, her father sitting beside her. Half an hour later girls and teach ers were startled by four *shots; ring ing out and a few seconds afterwards Miss Swinney, with blood streaming from the wounds in her head, came rushing from the room. In a few minutes later the wildest confusion reigned, school girls and women teachers ran here and there, hut Miss Robinson, the principal, speedily re stored order and nastily summoned a physician. Miss Swinney was des perately wounded and there is tittle chance for her recvery. The room in which the tragedy oc curred showed signs of a hard strug gle; chairs were overturned and the piano stool, with one leg broken, was lying in the middle of the room. The father was lying on the floor, at one side of the room, face downward, with the revolver with four chambers empty under him. The attempted murder and suicide were evidently deliberately planned, as before going to the school Dr. Swinney purshased a revolver and two rounds of cart ridges at a pawn shop. Although, it is said, his mind has been unbalanced for some time he had never been violent and his fami ly were totally unprepared for the fearful tragedy. He was a father-in law of Dr. J. A. Sinclair, a prominent dentist of that city, and since his re turn from New York a few weeks ago had made his home with him. LEAPED FROM TRAIN. mr. ELY e. smyth op harts viLLE commits suicide. Jumped Out of Window Without Warning and Died After Being Carried to Columbia. The State says as train No. 53 on the Atlantic Coast Line reached the 17-mile post, nearing Columbia, Tuesday morningvEly E. Smith, de mented and under escort to the State Hospital for.the Insane, raised him self out of the seat in^the smoking car and dashed out of the window. ' The act was done before any of the horrified passengers could stop the unfortunate man and when" the train was stopped and the body re covered it was seen that there was very little chance of reeovery. With in a few minutes after arrival In Col umbia he died and his body was at once shipped back to his home in Hartsville. Mr. Smith has fdr two years had mental trouble, being injured by a fall from a building. He never re: covered from the result of tue in juries received by this fall and while not violent his mind gradually grew weaker and it was decided to place him in the State Hospital for the In sane. He was carried to Columbia, es corted by the chief of police of the town', P. H. Kirkpatrick, and by Dr. J. L. Powe, who was on his way to the meeting of the State Medical as sociation in Anderson. The man was always quiet, although his two com panions deemed it best to keep a close watch on his movements. When Chief Kirkpatrick left his seat for a minute a stranger who came into the car took his place beside the lun-' atic and a second later Smith had raised himself out of the car and dis appeared out of the open window. Railroad Commissioner Earle, who was on the car, had the train stopped and a short distance back the body was found. The man was uncons cious and a hasty exaxmlnation show ed that he had no chance for recov ery. On arrival at Columbia he was given medical attention but died with in a few minutes of removal from the train. The body was shipped back to Hartsville to the family for inter ment. Chief Kirkpatrick and*' Dr. Powe regret the affair very much but according to the statement of those who witnessed the suicide nothing could have stopped the unfortunate man from his deed. I - KILLED HIMSELF. -? An Old Man Follows Advice of Dr. Osier. When a man after an active life finds himself without an opportunity to continue his activity and through reverse fortune is without means of livelihood to retain honor and pre vent himself from becoming a burden on his fellowmen, it is desirable that he follow the proposition attributed to Osler. I, therefore, deem it ex pedient to do so." *> The above abstract from a letter found on the body or. Joseph Child, who committed suicide Tuesday ? at his boarding house in 117th street, in Chicago., by inhaling illuminating gas explains his reason for his/deed. Sixty-five years pl(l without friends or relatives, out of employment and with no prospect of finding work and with his little savings rapidly dwind ling away, Child chose to go to a sui cide's grave rather than become a burden on the community. LOST BOTH LEGS. The Very Sad Fate of An Augusta Georgia, Boy. The Augusta Herald says Tracy Owens, an 11-year-old white boy, was run over the other morning In the ipper Harrlsonville yards of the Geor gia railroad, at the north end. Both legs were severed from his body. He was at once carried to the city hos pital, where an operation was per formed, and he may recover although it Is considered quite doubtful. The Georgia railroad officials state that engine five was in the act of taking the cab from the engine in order to leave it on a seperate track, when Owens, who is said to hang around the place often endeavored to swing aboard the cab. His footing slipped and legs were severad. The cab was at once connected up and t heboy sent to the hospital. It is stated that young Owens had been freqquently warned to stay away from the place. CHURCH THIEF. Woman Arrested for Robbing Wor shippers While at Prayer. As she rose from her knees, cross ed herself devoutly and walked out of St. Elizabeth's Roman Catholic church, in Chicago on Sunday, May O'Hara, alias May Miller, was ar rested by a police sergeant and three patrolmen for stealing the purses of worshippers. The woman's rooms, which she occupies with Frank Cun ningham, a former pockey, wore found to contain between forty and fifty purses and handbags, all of which are supposed to have been stol en by May O'Hara while she was pre tending to be in prayer and was In reality searching the seats In front of her for plunder. $1.50 PEE AKNim. W(TH BRYAN And a Strong Running Mate Will Certainly Win Says SENATOR HUMAN. He Thinks the Democrats Have a Magnlficient Chance to Win tn No* 'vember?In tlie Northwest Ho Found Thousands of Republicans Who Will Vote for Bryan Bccuu.se> He Is With Roosevelt on Reform. A special dispatch from Atlanta tc* the Charleston' Post says Senator Tillman is much improved at the san itarium, but is still weak. In an in terview he says: The Democrats have a magnificient chance to win. There is a spirit of un rest and discontent in the Republican party. With Bryan and a strong mate we can win. fEverything now points to Taft as the Republican nominee. He is sup posed to typify Rooseveltism, but I believe he would be a different man as President. I do not believe Roose velt or any other man could control him. "In the Northwest I found thous ands of Republicans who will vote for Bryan because they know he stands for the things Roosevelt stands for. Of course, the old conservative Dem-: ocrats would probably go to the Re publican nominee." Senator Tillman expects to- sail for Europe in a few weeks. He may de cide to take a cattle steamer for ttie> long slow, trip and ocean air. He is able to take short walks. DON'T WANT TAFT, Negro Bishop Creates a Great Sensa* tion in New York. * Bishop Alexander Walters, head of the African Methodist Episcopal Zion church in New York city, created something like a sensation among the colored worshipers of his denom ination Tuesday by delivering himself of a bitter attack on Predident Roose velt for the part he has played in. the Brownsville s^'air, and declarj ing that Taft was unfit to be the ne gro's candidate for the presidency be cause he was with Roosevelt, a party to what the bishop termed "a delib erate plot to discredit the negro race* .for .political purposes." That the bishop's denunciation of the president and Secretary Taft did. not fall on ears altogether apprecia tive was evidenced before the last; clause of his letter had been read. Several of those present allowed them, selves the privilege of groans of dis approval, and at the end Rev. Dr. Parks, chairman of the meeting, call ed attention as delicately as he could to the fact that the meeting wa? not to discuss politics, but to consider the. education of the members of the race. , MYSTERIOUS MURDER. A New Y'ork Woman Found Stabbed in Her Bed. Mrs. Isaac Lieberman, described by her neighbors as the most beauti ful woman in the Bronx, was murder ed in bed at her home. No. 70S Courtlandt avenue. New York, Tues day. Her husband, who conducts a shirtwaist store at No.-759 Melrosen.; avenue, a block away, is under ar-^ rest on supicion. Mrs. Lieberman was stabbed twice as she slept, with a long dagger wielded by a powerful arm. One ot the wounds is through her throat. The other is through her breast, pen etrating both lungs. The knife waa driven in from the left side of her body as she lay on her right side in. slumber. Lieberman and his wife occupied! a flat on the second floor of an apart ment house at the Courtlandt avenue* address. They were childless and kept no servant. Acord'ng to other tenants in the house th ;y appeared* to be as happy as the average mam ^?;d wife. _? I YOUNG MAN DROWNED. I Boat Upsets on Pncolet Mill Pond Near Spartanburg. A dispatch from Spantanburg to The News and Courier says while shooting didappers from a boat on the pond at Pacolet Mills Saturday after ueon, P. Kirby, aggd 18 years, was drowned. The body was recovered Saturday night and the inquest held Sunday. The jury returned a verdict of accidental drowning. Kirby, William French and a young man named Bryant got in the boat and started up the river on a fishing trip, 'Kirby carried a shot gun and commenced to shoot didappers. Bryant took the gun to try his luck. Kirby, in turning the boat* caused it to dip and the three men tumbled Into the stream. Kirby went down immediately, but Bryant and. French reached shore. The water? was drawn from the pond and Kirby'$ body was found in the mud.