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MIST.> t DAVENPORT CASE tint. a- he did in the pre wmiary e:t i :i . h olwn i tl : : : n n regard t seeing l. D c-:epi .r: .fter the shooting: Q. BeI:- y gt up -o this oak tree ,id y kee anything nnore of Mr. Tom I )avenport? A. Y_-. s:r: before I got to the oak : a Mr. Davenport. Q. What did he do? A. He hollered to me and hollered the second time. Q. You were right with Mr. Smith? A. Yes. sir: right with Mr. Smith He hollered, "Mr. Workman." I didn't pay any attention. I rode further and he hollered again and I seen him coming towards me, and I turned back and met him. Q. What proportion of the dis :ance between the oak tree and that A. I guess I had not gotten much more than 7 or too yards from the -hoting: maybe 1oo; that is guess work, though. Q. Up r,;wards the oak tree? A. Yes, sir. Q. When he came up what did he sav?. A. "Mr. Workman, for God's sake do all you can for me; you know he was riding on me." Q. What did you say? A. I says, "Tom. I haven't got time to talk to you: that man yonder needs my help and more than my help;" and I turned and went back to Mr. Clarke's side,. and he turned and went home. Hoir Mr. Smith was taken home was then detailed. and other matters. The Cross-Examination. In his cross-examination Mr. Blea;e brought out that Mr. Smith had already put the matter of the road question in the hands of John .stone & Cromer for action, before the difficulty took place. and that when Mr. Workman left Mr. Smith and went down to see Mr. Davenport on the morning of the difficulty, Mr. Davenport was "in his own field, on hi. own horse, attending to his own business." Mr. Blease also brought out that just before he fired, Mr. Davenport hollered to Mr. Smith not to ride on him (Davenport): Q. Now, right there, isn't it a fact that Mr. Tor Davenport at :that time said to Mr. Smith not to ride oq him? A Just as he was turning he hol lered not to. ride on hitn. Q. Thant was Davenport to Smith? A. Yes, sirs. - - Q. Mr. Workman$ w'lien Mr. Dav enport hollered out, as, you express *d it. "Don't ride, on me." what did \Mr. Smith do?.. A. .Just as hisihorse was making that turn, as Mr. Davenport-* says not :ride on him, he grabbed up his reins with his left hand. pulled his pis tol with his righz, and fired. Q. What dici Mr. Davenport--youi say Mr. Davenport pulled his horse up. A. Yes, sir: and grabbed his reins up. Q. Was Mr. Davenport's horse walking or standing? A. Standing. Q. He was not advancing on Mr. Smith? A. No, sir. -Q. But Mr. Smith was turning on him?- . A. Mr. Smith was turning on him. It was brought out that there was no attempt on Mr. Davenport's part to fire a second time. During the course of his examina tion Mr. Blease went into the matter of difficulties which Mr. Smith was alleged to have been in prior to the time he was shot by Mr. Davenport, asking first in regard to a difficulty at Mr. A. T. Brown's stable, the wit ness replying that., was more a dif ficulty between Mr. Drayt Smith and Mr. J ahn Wicker and, between Mr. Wicker and Mr. Clark Smith. The witness was also asked if he was present at Mr. Beelie Mangum's store a good many years ago when he was shot, and replied that he was not; he was asked also if he was pres ent here on one occasion when "Mr. Smith and Mr. Wilson Longshore had a fight." and replied that he was not; he was asked if he wvas present with Mr. Smith at the time he and Mr. Burr Goggans had their fight, and re plied that he was not. Q. Were you with him the day Mack atterwhite shot his horse \ , \\12 'd--~(t In regard tJ the turn made by Mr. Smith just prev.s115 to the hooting. \Ir. I lease bro Jught out :he foHow Q. Could he have shot him in the right nipple if his 'horse had not turned plumb to him: you say he was -his way (indicating), and he turned to the right: how could he have shot him here if he ihad not turned plumb to him? A. I don't know, sir. Q. If the horse had been turning Mr. Smith would have turned this wav? A. Yes, sir. Q. And he couldn't have shot him here (indicating rig<ht nipple), unless he had turned full face, could he? A. Nx. sir: not if I seen the turn right. The examination proceeded at con siderable length further both ,n the cro=s-examnation and the re-direct examination. The Physicians. On \Wednesday morning Dr. J. K. Gilder was the first witness Mho took the stand. He described the loca tion of the wound, where the ball en terc:l, etc.. and said that a wet.kencd cot::lition of both body and mind had tns-'ed afterwards, and that up until abo.tt two months ago he had not thoroughly recovered in mind. D r. 0. B. Mayer also testified as to Mr. Smit1h's weakened condition, as a :ult of the wound. Mr. Blease bro'ght out, h:'owever. that in Dr. Ma.-er's exprience he had never seen a n.in lose his mind as a resul: of a woId in the body, not in the head. No Testimony for Defence. T"e defence put up no testimony. and Mr. B'ease made the opening and the closing arguments The argu me:'ts for the state were made Me.rs. 0. L. Schumpert and Gcorge Joh sttone. Mr. Blea.,c conr!uded the last argument at 2.30 In \Vednesday 7fte:noon and the court adj'-'urned unt:i 4 o'clock. at which time the char-e to the jury was delivered and :he Jury retired. Late Wednesday night the mistrial was ordered. During Tuesday afternoJn and un til the jury retired on Wednesday af ternoon -the court house was throng et co its capacity wit'h 'people from the various sections of the county, is terested in the testimony and The af. gumuents. It is stated the following ballots were taken byr the jury: -. I:st vote-i2 for not guilty' of as/ sa.ult and battegy with intent' to kill. 2nd vote-ra2 n'ot guilty of assault and battery of a high and aggravatedt nature. 3d vote-ro.not guilty of simple asa sault and battery--2 Tor guilty of sim pie assault and battery. .Let His Rents Get Behind. *The late Governor Marcus A. Mor ton, whose old home, in faunton, is now the Morton -Hospital, says, the Boston Herald, wvas as careless in his dress as he was punct.ual in collecting his rents. It was no uncommon sigiht to see him walking the streets without stockings, the expanse betw,een the bottom of his trouser legs, and his shoes revealing that fact to the public. One day as the Governor passed down the street a flutter of white be neath 'his coat tails gave mute testi monv of the need of repairs in which his trousers stood. In a group of idlers was a wag who was also one of the Governor's tenants. "Great horn spoons!" he shouted, as the Governor passed, "I never knew Governor Morton let his rents get so far behind!" No wonder people have so little re spect for advice; there is so much that is worthless. Just For Fun. "'A woman's bonnet would not cost much if it wasn't for the trimming" said the miserly husband. "Neither would a man's whiskers" answered his wife. Chicago News. BARBECUE. We will give a barbecue in the grove at the rseidence of Mr. Jno. A. Cromer on Wednesday, July 19. Speaker's on the issues of the day will be on hand. A good dinner and a pleasant time. Everybody invited. D. A. Kleckley, T. H. Crone. -NINTHROP SCHOLARSHIPS. An Examination to be Held July 7 Requirements Noted on Application. County Superintendent J. S. Wheel er has announced that the Winthrop college scholarship examination. will be held at the county court house July 7. Blanks have been received for fill ing out by applicants, and this mist be attended to by those desiring to en ter the competition. On the r!verse of the blank is given the following in formation: t. Upon consideration of the fore going paper, fully and clearly filled out in every particular, the board of trustees will decide if the applicant is. in their judgment. eligible for the award of a scholarship under the law and the decision of the board will be communicated to the applicant by the president of the college. 2. All competitors for scholarships must fill out and forward this paper to President D. B. Johnson. Winthrop College. Rock Hill. S. C. 3. The competitive examination for the award of Winthrop college scholarships will be held a: the coun ty court house in each county July 7, 1903, at 9 a. m.. at the same time the examination for er.trance is held and upon_ the same questions. The examinations will be held upon arittmetic, grammar. geography. United States history, algebrathrouLh simultaneous simp'e equations, writ ing. spelling and composition. A scholarship is worth free tuition and one hundred dollars in money for one ses: ion, and may be continued from year to yc r for'four years' or until gra luation,, upon the good behavior and earnest, conscientious application of the student to all her school duties. Th< ;e scholarships will in no case be coninued to students whose rank and star ding is low, -whose general de nie,:'tor is objectionable, who do not give promise of usefulness as teachers or whose health other circum stances prevent attendance c.e: nr forr.:ance of college duties. Each county is entitled to as many scholarships as it has representatives in the lower house of the general as sembly. Precedence in admission and ac commodation of new students will be given to scholarslhip students. . The~annual session opens on.,Wed nesday, Scriteiab.er 20.. Students must lye..present on opening. day... Those alksent with'out good cause will forfeit I :theirs scholarships andi dormitory ecertificates. 4. The qualifications for becoming a competitor.for a scholarsihip are as follows: The applicant must be not less than 15 years of age, of irre-I proachable moral character, in good healt:, with no physical defects, hab its or eccentricities wvhich would in terfere with teaching, and' must pro p)ose to follow teaching as a vocation. She must also make proof . to the board of trustees of the college, upon certificate of auditor and treasurer of the county, of her financial inability to attend college. Unless this proof is satisfactory to the board the appli cant cannot be.awarded a scholarslhip.1 No one will be debarred because of2 attendance upon the college during :he past session, unless she has for feited her membership in the college tinder its rules. t 5. An applicant must make an av erage of not less than 70 per cent on the whole exagnination and must not fall below 50 per cent, on any of the subjects of the examination in ord'ir to be eligible- for appointment to a scholarship. It is possi'ble for an ap plicant to secure xoo on eacfh subject. THE COLUMBIA EXCURSION. Twelve Coaches Loaded With Ne groes Here Wednesday-Good Order Prevailed. The exctursion from Columbia%Ved- s nesday brought abotit one thousand b negroes to Newberry. Nine hundred and eighty-one tickets were sold, and there were abotit twenty dead 'heads. The excursionists were a picnic at Jones' woods, and all had a big time. Considering the large number of negroes on the streets, the negroes behaved exceedingly well-by far the most orderly of any excursion crowd ever in Newberry. Only three or four arrests were made, and they were for only minor charges. The excur Were Bom II I g INTO THE R. C.l Willia Granite Front B ing, into larger an Commodious Qi where stock will be mc 'and better displayed, S */ will be in better shape il please you. That's the Reason f Sale Now Going onI g for our entire lin( * and best. house I MUSTbeconvert inside of the next * It's a big underi I we're going to ofi I ducements that i possible. Comeir * choosing is the bi gEEEUEUUUininin "Do you think they'll ever be -able o run the trains so fast that we can The o from Chicago to New York and in No. iack in a. day?" teache ."I hope not. What's the use going $35-o0 o -Ne'w York if you can't stay all must t> ight?"-Chicago Record-Herald. Cheap Excursion to Atlanta, Ga. The Southern railway will operate Fi .popular day light excursion to At anta, July 6th, 7th, on the following chedlule and rates: ON Rate the hi Lv Newberry 8:oo a. in., $2.50 posed Lv. Ninety Six 8:55 a. mn..r.75 lar ai Lv. New Market 9:07 a. m. I-7 years, Lv. Greenwood 9:2o a. mn. 1.50 isr cr. Hodges 9:36 a. m. 1.5ns0 Lv. WVardville 9: 43 a. mn. 1.50 don't Lv. Donalds 9: 55 a. m. i-5o and s Arrive Atlanta 3:oo p. in. Returning, this excursion train H eave Atlanta 8:oo p. m. Atlanta time, uly 7th- Phc A representative of dhe Passenger )epartment Southern railway will 3 ersonally conduct the excursion rough to Atlanta to insure good or- ~ er and ample accommodations for 11. Ot 'This is a rare opportunity offered SO eople of this section to visit Atlanta. so For information, apply to Ticket er tC ~gents or W. E. M'cGee, w D. U. A. Augusta. of 8 R. W. Hunt, h l D. P. A. Charleston, S. C. hl Ths TEACHER WANTED. Th The patrons of Vaughnville school ja ga ill meet on the 1st Saturday of July, y>5 to elect a teacher for our next WOri chool term. All applications must rg e sent to the undersigned trustees. C. A. Brooks, sacr W. S. Atchison. ro june 7, 1905- ho .NOTICE. of P Wve will gum and file gins for the ublic at a reasonable price. We adVi ave the latest guimmer and filer, and uarantee satisfaction. Little Mountain Oil Mill Co. 3f J. B. Derrick, Prest. Little lMountain, S. C. in a i I .1 MS m's uild more iarters re complete .nd where we 3 i every way to or the Great I it Our Store, 3 of newest I furnishings ed into cash * 3 months. t aking, but er price in- g viIl make it I early while I .,st. I. TEACHER WANTED. patrons of Mr. Bethel school 2 township desire to employ a_ r for seven* months. Salary per month. All applications e sent to J. C. S. Brown; Jno. S. Ruff. -e Insurancel will insure your Frame ing for only sixty cents onl: indred dollars, (not ex ), or better still, one dol id eighty cents for five: .Good business people. their property, why you? Insurance on stocki Lore buildings also, ~LMES & McFALL,. Fire Insurance Agents.. *ne 67. riling Paper ir Fall stock will i arrive, and in ord-. >make room for it vill offer you a line ox Paper for ones the regular price.. paper is perfect: iery respect and! :h every cent of the Liar price, but is: ificed t o m ake r for other goods. se who have needi aper should take Lntage of this sale .at ~ ye'Dski SIlL