Historical Newspapers of South Carolina

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e et aa oi t VOL. XLII. NO. 82 NEWBERRY. S. C.. FRIDAY JUNE 30, 1905. TWICE A WEEK. $1.50 YEAR MISTRIAL DAVENPORT CASE The Jury Ten to Two For Acquittu -Remain In Room to ii O'clock At Night. Af:er having had the case for abou seven hours, the jury in the case c the state vs. Thos. J. Davenpor1 -charged with assault and battery wit intent to kill, announced that tiher was no prospect or possibility of a: agreement, and a mistrial was ordere It was learned unofficially that th jury stood ten for acquittal and tw for conviction -of assault and batter3 The case was called on Tuesda afternoon, the jury empanelled, an the only eye-witness, Mr. - Thos. F Workman, examined. On Wednes day morning Drs. Jas. K. Gilder an, O. B. Mayer gave the:r testimony a to Mr. Smith's condition after he wa wounded and now, and the argument -of counsel were made. Judge Klug charged the jury immediately afte the dinner recess on Wednesday an te case was given into their hand at about 430 o'clock. Shortly afte ii o'clock the announcement cam that there was no possibility of a: agreement. and a mistrial was order "ed. Counsel and Jury. Johnstone* and Cromer and Schum pert and Holloway appeared as -toun sel for the state to assist the solicito and Hon. Cole L. Blease appearei for the defense. Mr. Johnstone conducted the exam ination for the state as Solicito ,Cooper was unwell. The state had two objections an the defense five in the selection of th, jury. Mr. L. C. Pitts was stood asid -r air-xaminM4bg on his voir dirt .So ws T. H. ChaTiers, because o relationship and Jas. F. Epting be cause he was not a registered votei N stwe objected to H. W. Domi rick. e defense objected to T. S -is., U. D. Derrick, Eno Comrts ustus A. Fellers. Th following was the jury charged wit] 'tbe~tial of the -a'se: Geo. T. Reid een Ira ?t Erir B. H. Wil on, J.L Derri j. C. Leitzey, Gec P. Ri, J. R. D iiick,'P. T. Livings ton, J. C. Salter. E. Scott, and Bei G. Abrams, R. P. Huffman. Testimony of T. R. Workman. The testimony of Mr. Thos. R Workman, the only eye-witness. wa .practically the same as that given b; him at the preliminary hearing befor Magistrate Cannon G. Blease.' It wa snore extended, of course, and includ -ed a rigid cross-examination by Mi - Blease. The testimony at the pre himinary examination was publishe, in full in The Herald and News, an: it is useless tio give here the full tes timony of Mr. Workman in the cour house on Tuesday afternoon. His ac -count of the shooting, after telling c the dispute about the road questior and that he and Mr. Smitlh had ridde: over on the day of the difficulty t inves:igate the matter, was as follow5 Direct examination by Mr. Johr stone: Q. Did you call Mr. Smith's al tention to it? A. Yes, sir: I said I see Mr. Dai enport now, and I would like to se him while I am over here to save in that much ride over tio his house; thn I promised him I would come ove here and give him my ideas abot 'the old road. Q. What then did you do? A. Clarke says I didn't know tha So we rode off down to the big rloa< Q. You and Mr. Smith? A. Yes, sir. Q. To the big road? A. Yes, sir. Q. Where the old road joined int the big road? A. Where the last road entered. Q. You rode off in that directior A. Yes, sir. Q. WVhat did you do when you g< there? A. T said to Clarke. "You and To1 better just straighten this thing up, settle it here , amongst yourselves." 1 Ee. said. "I would be glad to do so, and if Tom wants to see me you all can come back here. I will wait here awhile for you and if you don't come t I will ride back 'home." f Q. You then :, A. I left Mr. Smith there then. i Q. Under an old tree? e A. Oak tree, and rode part of th S.Va. to Mr. Davenport, where I r. could see him again, and hollered to e him and motioned to him, and he met me in the field. Q. In his field? y A. Yes, sir. We spoke to each I other. We chatted a little while, and I says, "Clarke is down there and you and him better straighten up this I thing; he says if you want to see him s he will wait up there." Mr. Daven s I --t says. "I don't want to see him; s he will want his way. W+hat is your i idea about the road?- That is, Mr. r Davenport asked me that. I pointed I out to him, told 'him my first i-ecol s lection of-the-old road, as to where-it r run thr'ough the 'woods. nowin culti e vation, and over. there where yon z spoke of then under the fence. He -says. "Uncle Fed says it come out here." and we rode off to see. He says, "Tomi, I i-ill not attempt to say - exactly, only I know it come out on - top of the hill, and uncle Fed says r the road run out down there leading out to the saw mill." I says, "That is correct, and then the old road run - out towards the old grist mill," and r then I seen vr. Clarke for the first time after I left him, and I says, I 'There is Mr. Clarke yet." We then a turned and rode to where Mr. C, :ke . was. 2. You an* Mr. Divs ?prt? A. Yes; s. We fc md' Mr. Clarke - Sntk off'his-horse; sttirg- under the .-2rd tre -with- a switdh piddling in - tle sand. They spoke. and after . speaking awhile the road subject s conme up. e . Q. Do you remember who brought I it up? , A. No, sir; I do not. My first - recollection it come up was Mr.. Dav enport saying the old r'oad, Uncle Fed - said it run back up here, and Mr. 1 Clarke says it come out' right 'here, kind of up the line tihere, and Mr. Davenport said there never had been - a road up there. Mr. Clarke says, 5 "Why, Tom, didn't I haul my guano r up that road this year." "Yes, by t God, the one I make hauling my S cord wood." "Yes, and it was there - when I first -moved to the Walkop .place." That was Clarke's repay. - Tom said, "I said to Mr. Workman, I yesterday if you will open the back I end of this road, as you say for you - and others, I will give you a road t down yonder." Mr. Clarke, says, - "That settles it; sho-w me where I i can go across here, and 1 promise , you never to make a track -up that a line.-" > Q. Between Godfrey Harmon's :and Mr. Tom Davenport's? - A. On the left a l.ittle there. Somewhere in our converstation Mr. - Davenport says to Mr. Clarke. "Did n't I teff' you that you could travel - p this rOad." and Mr. Smith says yes. e Q. That was the road he proposed e to give him? t A. - No. sir. "Didn't I tell you r you cofild still go across here," and t Clarke says, "'Yes, you said split this line, and how can I split the line." I don't recall exactly how it was con t. nected, but it was in there too. . Q. Go ahead. "Go down and show me where I can go across, and I promise you I will never make an other track-" A. --And I will go to work this o evening and cut out the 'back end of the road." So Mr. Clark got on his horse. .? Q. Up to that time Mr. Clarke Smith w~as on the ground sitting t dlown? A. Yes. sir. ' Q. Did he ever g-et up 1mtil just before you started? A. 'No, sir; not until we got ready to go down Q. Where did Mr. Davenport stand? A. Mr. Davenport was 'on his horse. Q. And the conversation took place between Mr. Smith on the ground and Mr. Davenport on the horses. A. Yes, sir. Q. Did Mr. Clark Smitn have on a coat or not? A. No, sir; he had on no coat; in his shirt sleeves. Q. 'Then what? A. He got on his horse and rode off down to see where he could go across. Q. In the direction Mr. Daven port h'ad shown him? A. Yes, sir. Q. You went in the public road? A' Yes, sir: going down there. Q. 'Who was in front? A. Mr: CIa'k Smith. Q.' How" far? A. Just 'a short space; I suppose riiybe the space bf a horse, difference iii 'front of us, not very far. Q. Not further than perhaps from me to you? A. - I wouldn't -think. Q. Where did you ride? A. I, and .Mr. Davenport rode pretty mu.ch together. Q.- Side by side? A. Yes, sir. .Q. And behind Mr. Smith? A. Yes, sir. Q. Was Mr. Smith still in his shirt sleeves? A. Yes, sir. Q. How far did you ride on down that pttiic road until yott got to this .A About 4ou yards, I would guess. Q. Was-. there- anything:unpleasant said along the way?. A. There was a lite jipa ant ness right on -he wax. --Mr. Tom ac cused Mr. Smith of -cutting three trees up t:ere. Mr. Clarke- said he didn't do it. Q. Did Mr. Smith answer in an angry- man;er? A. No, sir. Q. Repeat what was said? A. Mr. Tom accused him of cut ting three trees, and Mr. Smith says, "I dida't do it," and Mr. Tom says, "I didg't suppose you done it your self, by God -I didn't suppose that, but you had your man to do it, as you do everything you want done," and Mr. Clarke says, "No, I didn't have myman to do it, either," and I think~ tat was about all the unpleasantness said on that line. We rode- on, then, down to wihere he proposed to give a road. He says tvhere, "You can gc across there, go across the crop, and I will gather what is left and next fall, or next spring, or next year, I will leave it unplowed up. By God, you want to make me give yota a road back yonder." Mr. Clarke says. "No, I am just simply asking for my rights." Mr. Davenport says "Well, by God, this ain't the firsi time you rhave been trying to run ovet me." Mr. Clarke had stopped, we had all stopped, Mr. Clarke stopped and commenced to turn his ho'rse, anc says, "I didn't come here f-or no fuss.' but if nothing will (10 yot. but to get mad, just get mad and while he was on the turn Mr Davenport grabbed up his reins an< pulled his pistol and fired and sho him.'' Mr. Johnstone furtiher brought on from the witness that Mr. Smith was in his shirt sleeves and unarmed, an< that he had his bridle reins in on< hand and a switch in the other. Th< switch which Mr. Smith carried wal produced in the court room. Thi witness testiniedtha'tat the time ofth< shooting Mr. Davenport and Mr Smith were about eight feet apart and detailed the circumstances follow STATE BOARD DIRECTORS. Commanded to Show Cause Wh3 Beer Dispensarers are Paid Com mission Instead of Salary. Columbia, June 27.-As a result o an application for a writ of mandamu. this morning before Judge Ernes Gary there will he a hearing befor< him on July 3 as to why the Stat< board of dispensary directors shoulc not pay beer dispensers salaries in stead of royalties. The proceedings were brought b3 Ex-Governor John Gary Evan! through Messrs Bellinger, Townsent and Commander, and the hearing Monday is expected to be most in teresting. Some time ago Mr. Evan. attempted to get the same case befor< the Supreme court, but on account of the crowded condition of the dockel it was found necessary to postpone proceedings until the November term This morning, however,. Mr. Evan! stated that he had decided to bring the matter up before a circuit Judge The order issued by the Judge thi! morning is as follows: "Upon reading and filing the peti tion herein, it is ordered that H. H Evans, 'chairman, and John Bel Towell and L. W. Boykin, as consti tuting the State board of dispensar3 directors, be, and they are hereby re quired to make return to the petitior herein on the 3rd day of July anc show cause why the writ of manda. mus should not be granted. "That said cause be shown at m3 chanibers at the court house of Rich land county." The petition as set forth is a: fe!.bws: The petition of John T. Gaston, citizen of this - State, respeetfii shows unto the court: i. That H: H. Evans, john Bel Towifl. and L, W. Boykin are the dul3 eected anqua)jie4 direcars. of. thi Stafe. dispensuy and are constitutev by law the -board- of directors of th4 State .dispensaay. 2. That as such board it is theti duty among others prescribed by See tion 565, Criminal Code of this State to determine and fix the compensa tion of the various county dispenster and their assistants. 3. That the said board has estab lished in the various counties of th+ State, dispensaries, limited to the sal of lager beer, and commonly knowt as beer dispensaries, and the follow ing named persons have been dul: elected and qualified as county dis pensers in charge of such beer dis pensaries, to ,wit: R. L. Courtney Aiken: C. H. Kennedy. Aiken: T. B Earle, Anderson; Chas. Cohen, Beau fort; T. H. Milton, Camden; J. S Farnum, Charleston; Robert Grahami Charlestont Chas. Narey. Columbia L. L. Bultman. Columbia; D. H Goble, Columbia: N. D. Porter. Co lumbia; S. L. Sweeney, Columbia J. W. B. Duncan. Columbia; J. W Mitchell. Columbia: M. WV. Wil liamson. Columbia: J. H. Mancke Columbia; C. Alexander, Darlington R. L. Scurry, Edgefield: A. B. T Cary. Fort Freemont: D. Crowley Georgetown; J. E. Payne. Greenville WV. B. Jones, Greenville: J. E. Hol combe, Greenville: A. Shaver, Lau rens; P. F. Baxter, Newberry; J. C Murp-hy, Orangeburg: J. G. Attaway Port Royal: Joe Huseman, Spartan burg: L. Riebling, Spartanburg John Bishop, Spartanburg; J. TI Thackston, Spartanburg; J. D. Blan ding, Sumter; C. C. May. Union J. R. Askew, Union; James R. Cant well, Charleston. That the respondents have faile, and refused to determine the compen sation of said dispensers and -th board of directors of the State dispen sary are absolutely ignorant of. an are unable to give any information a ,to the amount of compensation re ceived by said dispensers, and no rec . ord thereof is in the office of the sai directors. to the injury of the peti DIG AT POLITICIANS. Senator Tiliman Writes A Letter Watched Antics With a Great Deal of Amusement. F Greenville News. Senator Tillman, in a letter to Pres ident Tindal of the Cotton Grower's association of Greenville county, makes a direct dig at certain politi I cians who, he believes, are trying to seek political preferment through that organization. When he was invited to make an address in Greenville on July 4th he accepted and in a letter to Mr. Tindal, which is characteristic of the man, he spoke freely and bluntly and said that he had detected the ear - of the ass behind the thin disguise of the movement. Mr. Tindal did not feel at liberty to give the letter to the press because he eonsidered it a personal communi cation. Yesterday, 'however, the edi tor of the Greenville News tele graphed Senator Tillman requesting the privilege of publishing the letter in this newspaper, stating that if it contained any personal references they would -be eliminated. The fol lowing reply was received from Sena tor Tillman: "Letter had no personal references. You can publish all of it." When this message was shown Mr. Tindal he gave out the Tillman letter, l which is as follows: Trenton, S. C.,June 20th. Hon. H. B. Tindal, President South ern Cotton Grower's Association, Greenville. S. C. My Dear Sir: I received your let ter of June 14th some days ago, and' also had a telegram from you today. L hr ie aker careft* coud t eIstion at F wiff accept your inur tation and. speak in GreenvilRe on tle I Fourth of July. I have watched with some am1W ment and interest the antics of cer tain" political aspivas ' have -thought that "Vdet cted the *ss's ears of office seekers protrudi tWougfr the: thin disguise furnisht - by the: movement to organiz,.. _the cotton , growers for self-protection. Of course; d!ere*are-many earnest, honest mew engaged is the work' and. the ef forts- of these- ar- appreciated by all right thinking people. I will endeav or in my speech to avoid any politi cal references other than such as in cidentally force themselves with the . evils which have environed us for so , many years, and suggest tihe remedies - as I see them. I will probably go-to Greenville the ,night 'of the 3rd in order to be well .rested for the work. While my health . is reasonably good I never know .when to expect trouble and have come to realize that I cannot stand'what I used to, and must therefore husband my strength. As I am going to Greenville I s'Sall of course be glad to~ have the people know it and hope you will give it the widest possible publicity in order that all my friends who wish to see me may know for certain that I am going. Tihanking you for your courtesy, I am Sincerely yours, - B. R. Tillman. - tioner and this State at large. 4. That said beer dispensers are ', mere licensees responsible to no one - as now regulated, and they are owners ;of their places of business, the furni .ture and fixtures, and obtain the prof-. - its there from, except a small royalty, ;and with the consent of the bioard of - directors of the State dispensary, to the injury of the petitioner as a citi j- zen and patron of the schools of this - State, and its citizens at large. e Wherefore, petitioner prays that a - writ of mandamus be issued by this honourable court, compelling and re s quiring said board of directors to per - form its duty as required by statute. - John T. Gaston, d Jno. Gary Evans. - Attorneys for Petitioner.