Historical Newspapers of South Carolina

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THE CBESTNBT CASE BEVTCRAL liMTXESSES EXAMIN ED FC R THE STATE. Names of tin. Jurors Who Were Brawn to Try ?nl Decide on the Matter. n Wednesday morning about ten b'clock the c tse of the State against TL Ohestnut, charged wth the mur der of W. R. Sabin, manager of the Dixie Lumtjr Company, on the morning of . .pril 25 last, was taken inp by the Cc urt of General Sessions, Judge J. W DeVore presiding. It will be remembered that Sabin was shot In bis (ffice by Chestnut. When Chestnut fir it entered the office of Sabin, he wi s writing a business let ter, and the fatal shootn? took place A few minub s after. Sabin wa? taken to the Knowlton Infirmary at Columbia where he died About two < 'clock the af ternoon af ter the shot .ng, an operation having been perforned on him in an effort to save his life sometime before he passed away. It will be recalled that at the time -of the shoo ing it was claimed that some famil3 trouble was at the bot tom of it. before he died Sabin said lie did not know why Chestnut should have shot him. Chestnut was committed 1 o jail, where he has been ever since, no attempt having been made as far as known to get him out on bond. A briliiaat array of legal talent | is engaged on both sides. Assist-! ing Solicitor Hildebrand in the pro secution ar 3 Messrs. Jas M. Brails ford, R. A. Brown, of Knoxville, TTenn., Br mtley and Zeigler, and Glaze and Herbert. For the defence Messrs. Ra: sor and Summers, Wolfe and Berry, md Adam H. Moss are en gaged. Relatives of both the deceased, W. R. Sabin und of the defendant, R. Chestnut, vere present In the court iouse yes .erday morning'. Ab no other case ? vould be called during the next day or so, the witneses in the Leysath cate were ordered to be pre sent Frida: morning. All yesterday morning w. is taken up with selecting the jury f< r the case, and the wit nesses for the prosecution.. In the afternoon stess&on, the prosecution brought u > additional witneses. After tbi defence had challenged' ten times, :he prosecution five? times and six m< n been excused, the jury was compl ied as follows: T. T. A: ers, merchant; S. P. Cal vert, farmtr; W. F. Cannon, job prin ter; L. W. Bbokhardt, farmer; Thos. D. A. Livingston, farmer; S. A. Dan tzler, railioad agent; John Demme, farmer; J H. Ayers, farmer; S. B. Smoak, farmer; D. H. Weathers, far mer ;L. L. Avinger, mill operative; Sam Knigat, farmer. ?With ti e jury completed, Judge DeVore ex :used all other jurors from attendarc" at court yesterday, and also gave -.he jurors selected permis sion to tt ke off their coats, which was promj tly done by all of them. Dr. W. L. Heaner, was the first witness fo r the State lives in Orange burg, called on W- R. Sabin between 7:30 and 8 o'clock on the 25th of April. He was passing along the street wb*n called for. He went immediately to the building, anJ found Sal ?in lying on the floor with a bullet i 'ound in his left side. Sa bin was" perfectly rational, and In ?very littlj pain. Didn't know how long that was after his being shot. About tb's time Dr. Shecu: arrived and toge her they took Sabin home and exan ined the wound, which.was between the sixth and seventh rib. Upon noticing that Sabin was vomit ing blooW, the two doctors decided to carry him immediately to Colum bia, and lid so on the eleven o'clock train tha; day. After a brief exami nation. Dr. Knowlton declared that Sabin wa 5 in bad shape and an oper ation wfs necessary at once. Wit ess saw operation, but left before Sabin hai recovered from its effects,. Witness -stated that he did not hear Sabin m; ke any statement as to the shooting. On cross-examination by Mr. Ray; or witness described wound ?little l ond hole about 3rl6 inch in diameter, the party shooting was close, ard the shot went downward. Dr. Lin C. Shecut testified that he was ca led over the telephone from his residence and went from there to Dixie Lumber Co's shed in automotile. He substantiated Dr. Heaner'5 testimony in regard to wound. Said Sabin did not relate how th< snooting occurred as far as he leard. The prosecution here reserved the right to recall Dr. Shec ut later if desired after some pre liminary facts were established. Solid or Hildebrand here ased that th< witness for the two sides be separated, and it was so ordered by the j tdge, who warned both sides that all witnesses not excluded would not not be allowed to testify. J. B. Kelly was next called. He first kn >.w of the shooting when the hand, F.azier, ran to him telling him about i?he did not hear the pis tol shot;. Went immediately to the scene. Found Sabin flat on back. Chestnut nowhere to be seen. Here witness attempted to tell what Sa bin sai<.. but this was ruled out as the prosecution had not yet showu that these remarks would properly come u tder the head of res gestae?? in other words that these remarks were n aue sufficiently near the shootin ; to be considered i part of the transaction. WitDess stated that Messrs. Westbury and Cunningham were tl ere when he arrived, and a negro, *.dam Smith. No cross-exam ination Willie Kelly, son of J. B. Kelly, was thi n called. Said he saw Chest nut an<: L. K. Biewer going past his wood 6hop about G: 30. Did not see Chestn it after that until he saw him runnin,; in a slow trot past him af ter th( shooting. He heard three shots. One first, followed by two more. Last two closer than the first and then went to shed. Father was already there. Did not hear Sabin say anything in regards to shooting. Did not notice anything in Chestnuts hand when he passed him running. ?At this point the wifttness who had been excluded were allowed to return. The next witness was Leon West bury, who was engaged in Jenning and Smoak's warehouse when the shooting took place. He heard the shots but thought it was boys shoot ing at sparrows. Heard Cunningham say "Come here" anl ran to the Dix ie Lumber Co. As he ran in one door, Chestnut ran out the other. Witness left Sabin to phone for the doctor. Alter waiting about fif teen minutes went to phone for the doctor again and met Dr. Shecut coming. Did not hear Sabin say who shot him until after his brother ("Mr. A. S. Sabin J came. No cross exami nation. Court here adjourned for dinner after cautioning the jurors not to discuss the case with anyone. After dinner the first witness was Edward Hawes, city engineer, who testified that he made a plat of the! scene Tuesday night and this plat was received as evidence, although objected to by the defence. C. E. Cunningham, grand-uncle of Sabin was the next witess. He'was on platform loading a car, and Sabin was at his desk engaged in writing a letter. Heard pistol shot but did not think it was in office. But start ed to look in, and saw Chestnut standing at Sabin's desk with pistol in his hand; Sabin then rose very deliberately, and Cunningham says Chestnut said, to Sabin: "I'll teach you how to observe signs when you approach a gentleman's houo. after 7 o'clock at night." Witness said he tried to remonstrate with Chestnut who replied that if Cun ningham did not get out of the way he would shoot him. The witness said that Sabin did not strike Chest nut, but pushed him and they both fell back over some lumber Sabin on top of Chestnut. Then Cunning ham hurried to his nephew's side, and Chestnut ran away "with all the power that was in him." It was al so brought out that Chestnut owed the Dixie Lumber Co. about $50 or $60, which has since been paid. Mr. Cunningham said he was not excit ed, although the second shot near ly bit him. Chestnut he declared was greatly excited and wrought up. Sabin was unarmed. The next witness was A. S. Sabin,: brother of the slain man, and who has been running his business since his death. Mr. Sabin related how he was phoned by his uncle of his broth er's injury and that he ran there immediately. Found brother on floor, evidently in pain. Described posi tion of things in the office. Went with his brother to Columbia and was present with him when he was opeiated upon. Spent a very com fortable night. Next day Sabin said that he told his brother that he was getting weaker, and the deceased said, "I know it, I can't stand it much longer." The witness then said they should have had his statement made in proper forfo, and his brother replied: "It's'just like I told you." Upon being requested by his brother said: "I was sitting at my desk writing when Chestnut came in. 'Good morning, what's the news,' asked him. 'A whole lot of news, g? d? you,- I'm going to kill you.' and shot once. I tried to ask for an explanation, but he said, *I am going to kill you; you wrecked my home.' I didn't'-understand and asked for an .explanation. Then ljte fired the second shot Seeing ie . meant to kill me' I^an'him*against the wall and tried to take the pistol from him." His brother, the wit ness had read to him in the morning the statement in the papers charg ing' illicit relations with Chestnut's wife, and remarked to him just be fore he died, "I am sorry that story was written." The dying man re plied, "there's no truth in that sto ry." With this witness the prosecution rested its case and the defence open ed by bringing forward a number of character witnesses. W. G. Sessions, former sheriff of Horry, said he knew Chestnut for over 20 years and his reputation as a peaceful citizen was good. Since the defendant moved from Horry he knew nothing of him or his private life. J. A. McDerraott, of Conway, for merly Clerk of Court, Senator and treasurer of Horry, followed with practically the same testimony as Mr. Sessins. He also had heard of a Chestnut cutting a negro at George town as had Mr. Sessions. W. R. Lewis and W. H. Howell, two Horry citizens, had known the defendant about 20 years each, and testified that his character was good. Ex-congressman Samuel Dibble, State Senator D. A. Spivey, of Horry, knew Chestnut's reputation, which they knew was good. Rev. Geo. W. Davis and Mr. R. E. Wannamaker, of this city, both tes tified to Chestnut's reputation, which trey knew was good. Court was then adjourned until this morning at 9:30. Work Has Been Begun. The executie committee of the Or angeburc fair jssociation have had the plans drawn for their fair buildings, and the work for the ac tual construction began Tuesday. The >' ork of erecting ihe building will in- be igiven to a contractor, but the members of the executive committee and a supervising architect will have the work in charge. The work will be pushed on the buildings which will be substantial, '.o have them read for the Fair in November. Important Notice. The executive committee of the Orangeburg County Fair Association asks all stockholders who have not paid the assessments on stock called for by the directors to kindly do so in the next few days, as the associa tion has collected so far only about $2,5?0, and they will need the mon ey to pay for the grounds, and the buildings now under construction.' GRAND JURY'S FINDINGS. They Find Many True Bills and Re port on Other Matters. j Yesterday afternoon the grand jury made its presentment to the Court. Tliey acted on all bills hand ed them by the Solicitor and attend ed to other matters. The grand jury appointed three committees to take up special work between now and the next term of court. The first committee to in spect and report on the condition of the public highways and chain gangs; ! the second to visit the public schools or the county and report condition of the same; the third to inspect the Court House and offices in the same, go over the books, vouchers, etc., and make a report on the same. ? They also thought it would be a good thing to construct a cement walk on the court house grounds, connecting the various entrances, and thus do away with the unseemly paths as at present. They recom mended that the causeway over the Edisto river on the Ninety Six road be put in good condition. The grand jury returned true bills in the following cases: A. M. Sto?es and Hamp Stokes, violating the liquor law. W. E. Johnson, violating the li quor law. ! W. S. Lee, Jr., violating the liquor law. 1 Henry Keller, violating the liquor law. Dorcas Grant and Peter Grant, as sault and battery with intent to kill. John Fogle and Fred McCord, mur der and carrying concealed weapons. -<^ 1 v A VALUABLE SUGGESTION. Judge DeVore Says * ugrants Should Be Put on the Roads. In his charge to the grand jury on Tuesday Judge DeVore laid stress on their performance of the duties as signed to their office. Owing to a decree of Judge Prince, the last pre siding judge, the grand jury for Or angeburg county was dismissed be cause of its being unlawfully drawn. Major Havelock Eaves, a local cot ton buyer, was chosen as foreman of the -grand jury. Judge DeVore called especial at tention to the vagrant law and stated that this law Is generally overlooked. He said that because of the non-en forcement of the law a great amount of .crime is breeded. Judge DeVore read the law and said that his only objection is that the punishment Is too light, but if strict enforcement was held the roads of every county could be placed in such condition that they would be the best automo bile highways. This is a valuable suggestion, and should be carried out. There are many vagrants to be found in every town of the State, and if they were all put to work on the roads and the highways, bad roads would be soon a thing of the past. These vagrants are a menance to every community &nd some scheme should be devised to make them move on or go to work. Why not try Judge DeVore's sug gestion. News of Norway. Norway, Sept. 4, Special?Here we are again, but not in the midst of a "Dry Spell" like before, but a rainy spell. We have been having lots of rain since the storm passed away, and cotton is in bad shape. The storm blew out a lot of cotton, producing a bad sample. Many cotton fields have been deserted for the past week on account of the rains. We hope it will soon clear up and give the farmers a chance to gather the fleecy staple. School opened this morning with Prof. G. L. Myers as principal, while Miss Sadie Cogburn has charge of the intermediate depart ment and Miss Adele Dunbar the pri mary. The school has all prospects of a successful years season. (Mr. J. L. Glover has accepted a position with Mr. G. F. Gibson and will be glad to serve his many friends. Mr. Gibson is lucky in se curing Mr. Glover as he is an ex perienced hand in the merchandise business. There will be a "box" party at Two .Mile Swamp School house Wed nesday night, for the Benefit of the Ladies Missionary Society. Every body is invited to attend. There will be preaching at Wil low Swamp Baptist church next Sun day morning at eleven o'clock by the pastor. Everybody invited to the services. Cupid Led the Way. St. Matthews, September 4, Spec ial: A young couple fleeing from the obstruction of parental bars, created a neat little sensation in town last night when they applied to the Rev. J. M. Steadman for assistance in their matrimonial plans. The pro spective groom produced the proper credentials, which were said to be "according to Hoyle" by five law yers. They hailed from St. George and the bride was pretty to look up on. The groom is said to be a respon sible young business man of that thriving village. After the ceremony they boarded the train for Columbia, but ?ave no positive assurance as to the extent of their honeymoon trip, j Success to You, Gentlemen. The Rowesville Oil Company, of Rowesville, has been chartered with a capital stock of $40,000. The offi cers are: A. C. Dukes, president; E. N. Chisolm, vice president and treas urer, and George V. Zeigler, secre tary. A general cotton oil business will be conducted by the company. Denmark Election. The Denmark town election passed off quietly on Monday with the fol lowing result: For intendent, J. Z. ?Brooker, 77; W. S. Cooper, 1; J. A. Walker, 2. Wardens: C. W. Garris, 77; J. S. J. Faust, 77; G. W. High tower, 78; W. D. Garvin, 78. Eighty four votes were polled. i LIST OF LETTERS. Those Remaining Unclaimed in the Orangeburg Post Office. The following are the list of letters remaining unclaimed in tho Orange burg Post Office for the week sndlng Sept 5, 1911. Person calling for same will please say that they are "advertised." A. D. Webster, P. M. D. J. Bestian. Evangeline Brown. Dr. C. H. Bozard. Mrs. Bessie Burfy. Geo. W. Burnett. E. B. 'Bynum. I Richard Canty. Blain Carlos. Pyhlis Carmichael. Annie Carson. N J. P. Coleman. j John Crawford. Nelson Dantzler. George Davis. Mrs. Rosa Dantzler. Maggie Esau. Mrs. Elizabeth Glop/er Mrs. Delia Glover. Alexander Goodwin. (Messrs. George & Carroll Hause. Miss Hacksen. G. M. Hodges. '< E. E. Ingersol. j Zachary Irick. . Syvla Jamison. Millie Meeks. Rebecca Mikef. Rev. Wesy Morgan. Collie Morris. Louisa Palmer. Josephine Rivers. E. J. Smcak. (2) Mary Whimer. 'Mrs. Mary J. Wright. Mard B. Wright. N. Bremmers, Jr., (4 th Clhaso Par cel.) SOCIETY NEWS. Dixie Club Appoints Committees For Their Carnival. The Dixie Club members are get ting everything in readiness for their carnival which will be held the first of next month. There will be music, childrens drills, voting con test, and In fact all forms of amuse ments that is usually seen at such events. The ladies will do all in their power to make the different features as original as possible and committees to be in charge of the dif ferent tents are as follows: Ring stand, Mesdames James Albergotti, and Richard McMichaei; Mysterious tent, Mesdames J. T. Wise, Raymond Bryant and Miss Butler; Country store, Mesdames R. H. Jennings, Ed Scoville, Noah Wertz, Ed Wanna maker, Norman Salley Louis Gelzer and Fred Wannamaker; IMinstrele, Mesdames Hawes, Cart, Walker Smith and Eugene Atkinson; Child ren's Drills, Mesdames Harry Wanna maker, Furman Malpass and Miss Leila Marchanit; Freak shows, Mes dames Brunson, Ligon, Shelly aco ville, Misses Wingate, Glaze, Boli ver, Meta Kortjohn and Kittle Sal ley; Voting contests, Mrs. Ahrens, Misses Georgia Culler, Lizzie Sawyer and Marie Hall. Gypsy tent Mrs. Ed. Atkinson, Misses Dot Bull, Helen Salley , Louise Salley and Alma Wan namaker. Additional names and committees will in all probability be announced later in this column. ? ? * A farewell informal bridge party was tendered Mrs. Linning by her sis ter, Miss Slater Monday morning. Those playing were Mesdames Lin ning, Harry and Fred Wannamaker, Wolfe, Sease, Frank Bamberg Jen nings and iM'iss Mazie Slater. Canaan Dots. The rain fell heavily here every day last week. We will look and hope for fair weather now for a while, that some of the cotton may be gathered from the fields. Misses Lurllne and Daysie Bon ette returned home last week from a very pleasant visit to their brother, G. E. Bonette and other friends of Kline, S. C. Mr. JaWe M. BonnetAe visited friends in Augusta, Ga. last week. Miss Lillie Turner is at home again from an extended visit to rel atives and friends at Elloree. and Cameron. Mr. Archie C. Turner of Savannah is at home on a visit to his parents, Mr. and Mrs. J. R. Turner. iMr John Barton, of Four Holes spent Saturday night with friends here. Mr. and Mrs. Sam Smoak and children are visiting at Sheriff Hun ter's of Bamberg. Mr. and Mrs. S. J. Westbury visit ed friends below Orangeburg Sat urday and Sunday. Rev. Godbold is conducting a very good meeting at the Bethlehem '.Methodist church this week. They are going to do some brick work, repairing the Canaan church soon. We hope it will improve the looks of the church. ' Kidd. Plush Livened Up Things. Bill Plush attended a dinner on Monday given by some colored people near Lone Star. Everything partook of the festive air and was going along hilariously until another negro ap peared upon the grounds with sever al quarts of booze. Plush was an early victim and was soon in the proper spirit for giving the festival the correct coloring. He had taken with him a single barrel shotgun, and as soon as the spirit moved him made things lively by shooting wildly into the crowd. He succeeded in wound ing five before being subdued and locked up by Sheriff Dantzler. Will Go Into Next Week. The Court of General Sessions, which opened here on Tuesday with .Judge J. W. DeVore presding will continue through this and into next week. There are several important cases before the Court brought over from the May term, which will be deposed of ?t this term. This is Judge DeVore's first official visit to Orangeburg, and he has made a splendid impresssion on all as a fair, impartial judge. i LOCAL NEWS ITEMS PICKED UP ALL OVER TOWN BY OUR REPORTERS. What Is Happening Here and There. Local Items of Personal Interest to Onr Readers. 20.000 by 1920. The autumn days are coming, the saddest of the year. The graded schools will open on Monday the eighteenth instant. Miss Nathalie Salley is visiting her parents, Mr. and Mrs. A. S. Salley. The holidays will soon be over, boys and girls, and then back to your books. IMiss Ruth Fogle, of Columbia, is at Cope on a visit to her sister, Mrs. Walter D. Cope. Miss Gertie Droze, of Charleston, is visiting Mrs. F. T. Limehouse on East Russell St. This section is now having too much rain for the crops, which are being badly damaged by It. Mr. Charles Christian Califfe of Denmark died at the Knowlton infir mary at Columbia on Saturday night. MIso Ruth Riley has returned to Bamberg, after a pleasant visit to I her sister, Ms. Havelock Eaves, in I this city. There are quite an array of law yers on either side of the Chestnut case which will not get to the jury before Friday. The Chesnut case seems to ex cite much interest, standing room In the court house, being at a prem ium yesterday. Quite a number of people from Hcrry County are in the city in attendance as witnesses for the de fendant in the Chestnut, case. Vernon Brabham, to serve In the dry accepted a position as clerk with Mr. Vernor 'Brabham, to serve n the dry goods department of his large store Cope. A report from John's Island adds the drowning of two negroes to the list, making twenty deaths in all so far reported from the Cfharlesjton storm. A Charleston dispatch says seven ty-five per cent of the cotton and corn crops in the Mount Pleasant section are reported to have been lost by the storm. Get ready for the Southern Rail way's Good Roads Train which will be at Orangeburg on Wednesday morning, September 20. It should be greeted by a large crowd. We publish the census report for South Carolina in reference to the white and colored population of the State. It will be found on the first page and will be read with Interest. R. A. 'Brown, Esq., of the Knox vllle, Tenn., Bar, is in the city. Mr. Brown is here to personally testify to the character of the young man who was shot and killed by W. R. Chestnut. There was a time when the Or angeburg City Schools use to win I nearly all the scholarships offered in j this county but it Is not so now. Can any one tell us what brought about ! the change? Prof. A. J. Thackston, Superinten tendent of the City Schools, who has had a most pleasant summer outing, has returned to the city with Mrs. Thackston and the boys, to get ready for the opening of the schools which will take place Moday, 18 instant. A Connecticut weather prophet says he has been manufacturing re frigerators and sunshades for the last ninety days to keep comfortable, and he has now commenced an ark. It will be needed before Thanksgiv ing day, he says. Some ten years ago a house and lot on Amelia street was bought for I $1,400. A few months afterwards It was sold for $1,800 a few years la ter it was sold for $2,400 and last week it was soil for $4,000. This shows the growth in value of Orange burg property. Mr. L. H. Wannamaker, Jr., of the News and Courer staff, wth Mrs. Wannamaker and their little girls, are visiting relatives in this city. They have been congratulated on all sides for escaping all injury during the terrible storm that recently vis ited Charleston. The Carlisle Fitting School of Bamberg is a splendid institution. and no boy or girl who goes there will regret it. Prof. J. C. Guilds, the Headmaster, is not only a good teacher, but an accomplished Chris tian gentleman, such as should be at the head of every school. About the middle of November I The Times and Democrat will put on a voting contest, in which some thir ty-five valuable prizes will be given away. The chief prize will be a $:!0i> piano, which can be seen at the Marchant Music Company's store Look for complete anouncement soon. Students from the Orangebtirg Col lege won scholarships in the Citadel Academy in Orangeburg and Edge field counties. These are valuable scholarships as they take a boy en tin iy through the Citadel. We con graulate President Peterson. The Orangeburg College i- the best edu cational institution in the County, and we commend it to the people. Fearful Damage to Cotton. Cope, September ">.?Special: With practically the whole of last week lost from the cotton patch on ac count of thf wet weather, and with mother downpour this morning from daylight until sunrise, which flood ed everything, the farmers are blue. The situation has gotten to the ser ious stage. Ir. answer to an inquiry as to damages from rain, it was the opinion of several of the best far mers that a damage of fully 10 per cent, had been done up to last Satur day, and still the loss goes on. Allractions AreQualilyAnd Moderat? Price Splendid News From The Busy Kohn Store New Dress Goods Notes Coats are longer. In stead of the short jacket of Spring these tailor mades have 28" coats coming well over the hips. Fabric arc heavier. Collars and cuffs are largely of velvet. Sleeves are put in smooth?not a gath er. Navy blue is first. Loose panel backs continue. Skiits are wider but look no wider. New Out ings, Soft as Silk 10c. Fresh from the mill- - 8000 yards of ter viceable outings in clear cut patterns, on white and colored grounds. Will wash well. Ready for the busy scissors that will soon begin to prepare for chilly hours. 10c the yard. FRILLS-FRILLS Some of the new neck wear is in. It is very pretty. AH the dainty fluffy nov elties?new. Write now?It only takes a moment. CUT THIS OUT AND MAIL IT TO US. KOHN'S?Please send me your new Fall & Winter Catalogue. Name_ Town_ Please put down some of the names of your friends who want one. . We note a great many out of town visitors these days and we give them a royal welcome. Our comforts and courtes ies are at your disposal. These department heads are ready to attend to your wants: Miss Mamie O'Cain, Miss Rosalie Barton, Miss Florrie Oliver, Miss ? Adeline Kohn. Or.n|?turf .S. C. I take great pleasure in mak ing the statement that I have ar rived from the northern markets, where I have been in the interest of my many customersand friends. Feeling after 24 years of doing business together that I know their wants and am now prepared to supply them in Clothing, Dry Goods, Shoes, Hats, Trunks and Suit Cases. Yours for business, % Phone 140L Orangeburg, S. C. ?a WHITE FELT HATS NOW ALL THE RAGE Its been a long time since there was such a craze on any item of Mil linery. We are now showing the best styles and the most up-to-date effects. Those that are now in exceptionally strong demand in New York and Balti more; also the White Shetland Veils to be worn with them. They're wearing them now. Be in style and get one now from Godfreys Millinery Store, 35 W Russell St.