The herald and news. (Newberry S.C.) 1903-1937, March 06, 1906, Page TWO, Image 2

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a vivid manner. Her testimony was straightforward. Dr. Nesbitt was next called. He testified to holding the post-mortem and described the course of the bul let after it entered the body. He also testified that he did not see any weap on on the person of Mr. Bennett when he examined him. He identified the coat and vest worn bv the deceased. John Spencer, a butcher. was call ed to testify to a conversation he had with the defendant at 6 o'clock on the morning of the tragedy, in which the defendant said that he had been trying to get in the room of one of the show women all night and was go ing back to make another trial, but the testimony was deemed irrelevant and was ruled out. Sheriff Thomas testified to taking Hasty to the jail from the city prison, where he had been locked up about 5 o'clock in the afternoon. When he searched his person he found a knife concealed in his trousers leg, fastened to. his garter. The defence claims self-defence and will try to prove that Hasty's coat was cut. This is an explanation of how it was cut. With this the state rested. The at tppneys.for the defence then request the court to take a recess that they *ight consult with their witnesses. This was done and the jury was per nitted, under the escort of bailiffs, to visit, the scene of the tragedy and in spect the building and surroundings. -Court reconvened at 2:30 o'clock ;Xnd the first witness was J. L. Fer guson, of King's Mountain. The Judge ruled that his testimony was ot -relevant.- Col. Johnstone asked kim. if he saw Misses Sheridan and Bishop while they were in King's Mountain, and then asked what kind *f costume they wore. The Judge ruled against it, and Col. Johnstone arged that it was relevant, as he would endeavor to justify the action of George Hasty in trying to climb over the transom of her room. C. L. Dart was almost an eyewit sess. He was a book agent; stopping at the Piedmont Inn at the time of the shooting. He was in room Mo. 10; at the time he was in his room reading and heard the shots in the hall, but read .gn. Soon. he heard screaming and cracked the door and looked out, and saw a man lying on the floor and other men surrounding ~him, but he was afraid to go out', lest he might zet shots In a few' minutes he went eut. He testified to hearing Miss 'ishop point out George Hasty as the nan who did the shooting and to hear ing one of the women curse. He was too modest to repeat directly what she said. .Prof. R. 0. Sams was recalled.: He testified to making thea hart of the building and of measuring the tran som, and of examining the dust on the transom, after a brother of the de Cendant had tried to get in through it, butw ould not testify to examining it before. -Smith Rains, a white ~man, was -sworn. He testified that he was in the barber shop when he heard the scuffle, and then heard a body fall. Soon -afterward he heard a pistol fire twice.. He. went out in the street and saw Mr, Davison coming down. He saw .something bright in Mr. Davi son's hand. On cross-examination the *solicitor asked him who was with him when he stole that side of meat from J. A. Carroll some years ago, and how much it cost him to get out of it. Rufus Estes testified that he was in the dining room at the time of the shooting, and that neither Miss Sher idan nor Miss Bishop saw the shoot ing, but were ini the dining room all the time, not going out in the hall un til the shooting was over. He said be did not go out, in the hall at all himself, but hiked out through the kitchen and back yard. He did not run, but walked pretty fast. Mrs. Sallie Hasty, wife of Will Hasty, testified that she was in her room, which is next to the dining room, and heard a man say: "You are the same fellow who insulted that *lady,'' and soon heard two shots. She *pened the door, but did not see either of the young show women, but they soon came out of the dining room and began screaming. She testified that Miss Bishop pointed out Will Hasty as the man who did the shooting. She did not go direct to her husband, but went through t.he dining room, the kit chen on to they eranda, and through the small hail, to her husband, who was standig on the other side of the corpse. -The attorneys tried to prove imptaPer relations on the part of the decened and the young ladies. Ob jections Were raised, which were sus tained, the court saying: "It seems to me that you are trying those two wit nesses and not the defendant. I don't propose to let you get from the main issue. Mrs. Maud Hasty, wife of Arthur Hasty. was next called. She was in edat th ti-hme of the shooting. She heard two shots and got up and looked out of her door. Did not see either of the young ladies in the hall. Will Hasty, a brother of the de fendant, was next put on the stand. le was in the hall when the shooting occurred. He was going to the bath room when he saw George and Ben nett talking. Davison brushed by and said to George: " You are the same felow who insulted that lady," at the same time catehing hold of him and striking him with his right hand, in which was some bright instrument. When lie caught hold of George he (George) slipped and fell on his his knees. Mr. Bennett caught hold of him on the other side. He came up caught hold of Mr. Davison to part them. When he did, George drew his pistol and fired, first at Mr. Bennett and then at Mr. Davisori. Mr. Ben nett reeled and fell where he was. He said that he and George and the two men were the only ones in the hall, but that Arthur was coming up the stairs. Arthur Hasty next testified. He said he was on- the street in front of the entrance when he heard the fight. He started up the steps and saw these two men have George down on his knees. Just as he got to the top of the steps he heard the pistol shot, and saw Mr. Bennett reel and fall, and Mr. Davison go down stairs. With this the defence asked for more time to consult with the remain ing witnesses, so a recess was taken. The state tried to get in the dying statement of Mr. Davison, but it was I ruled out, as his case is not being tried at this time. The evidence in the famous G3orge Hasty case was completed Saturday afternoon and the argmaents begun, but were not completed until Munday. The jury has been kept under -two bailiffs since the case was starte. The star witness Saturday was the defendant, George Hasty. He was on the stand for more than an hour. Dur ing the morning and while' the State was in reply some strong evidence was adduced by the State, putting the clincher on. The first witness for the defence was Smith Williams, the proprietor of the Palmetto House, then the Pied mont Inn. He testified to the way the dining room door opens. It was made a swinging door, hut before he took ~charge a stop had' been put in. It was testified by the State's witness that it was a swinging door.* C. C. Bullington was standing a bout fifty or sixty feet from Abott Davison when lie p:assed after being shot and saw a knife in his hands. Dave De Steffano, a barber. who kept a shop under the hotel belonging to Hasty, was with Arthur Hasty on the street in front of the hotel when the row occurred. He ran back down and did not go back for several minu-: tes. Miles Bullington was sleeping in the Piedmont Inn the night before the trag.edy, in bed with the defend ant. The defendant came to bed about 1 o'clock and got up about6. He did not hear a lady call, but one may have called without his knowing; Will Hasty, recalled, testified t.hat he tried to get through the transom and examined for dust, and found no disturbance of the dust. Prof. R. 0. Sams would not testi fy to making an examination before the transom had been tried by Will Hasty. This was some days after the tragedy. There was a considerable stir in the court room when George Hasty was called to the stand. He said that he had gone up to the dining room to et his breakfast and had gone out into the kitchen. As he came back! Mr. Bennett met him, accusing him of insulting one of the ladies. He denied* this and then told Mr. Bennett that if he would come out into the hall he: would tell him more about 'it. He went out,' followed by Mr. Bennett, and was explaining to him when Mr. Davison came up, saying, "Your are the man,'' and struck him, knocking him doen on his knees. When Mr. Davison struck him Mr. Bennett also came on him. One of them had him by the neck and one in the face, both with knives. Mr. Davison cut at him with a knife in his left hand, cutting his overcoat. He then thought his life was in danger and shot to. save his own life. He said that the pistol belonged to Walter Baker, and he had borrowed it on the Wednesday before. He put it in his pocket when lie gave: his room up to Mr. Davison the night: before, and the pistol was still in his overcoat pocket when he left Mr. Bul inton 's room that morning. He did not shoot after the men got off him. ie shot Mr. Bennett first and then shot Mr. Davison. lie denied that Mr. Davison had his hand forced up against the wall. as testified1 by the young ladies. lie denied attmpting o get in the room of Miss Verne Sheridan und o1 insulting Miss Bishop. Ile told why he went in Mr. Davison s room. Ile had left some cards and some chips in there and went in to get them. On cross-examination Hasty testi fied that he did not own a pistol but borrowed this one with a view to buy ino. le said that instead of insulting Miss Bishop. she came to him and put her hand in his pocket in a very fa miliar way. The solicitor repeated the conversa tion as given by Miss Bishop at the inquest, and he denied it all. le de nied telling John Spencer at 6 o'clock that morning that he had been trying all night to get in one of the ladies' room, and that he was going back and try again. He admitted being fined for firing a pistol at Mrs. Settlemyer's some time before. On the redirect examination he said that he was not searched at the city prison, but was searched at the county jail, and explained that the knife was put in his trousers leg because he had been warned that his life was in dan ger. It was to defend himself from the mob that might be formed to lynch him. Walter Baker was put on the stand by the defence, and on cross-exami nation, he testified that he was at Piedmont Inn on the night before the tragedy, from the time of the show till about 1 o'clock. During that time George left the room twice and was gone about twenty-five minutes each time. He did not hear a lady call while he was there, but one might have called without his hearing it. The state then put up several wit nesses in reply. Among them were Misses Bishop and Sheridan. They had been accused of using profane language just after the shooting. They both denied it. Col. Johnstone, for the defence, dis missed them both with: "I thank you.", S. F. Parrott, whose office is under the Piedmont Inn, testified to hearing the screams of women upstairs, and of hearing something fall in a few mo ments, and of seeing Mr. Davison come out of the ladies' entrance with out a knife in his hand. It. had been testi;ed that the young ladies were in the dining room, and were not eye witnesses, and that Mr. Bennett had fallen ,before there was any scream ing. 'It had been also testified that there was a knife in Mr. Davison 's, hand. M. L. Cook, street overseer, testified to seeing Mr. Davison come out of the entrance, throw his hands up, open. with nothing in them, and clasp his side and go to t he Commercial hotel. He also testified that he made the arz rest. He did not hear any profane .language used. Lloyd Austell, a policeman, testified to seeing Mr. Davison pass him with out a knife in his hand. He carried the defendant to the calaboose, and he did not hear any profane language. Joe Mauney, a white man, testified that he was near the front of the Commercial hotel when Mr. Davison passed, and he went to his assistance, opening the door for him. In the hotel, Mr. Davison opened his vest, and had no knife in his hand. Dr. C. A. Jeffries testified as to the course of the ball that killed Mr. Dav ison, it being downward, and' not up ward. James Swofford testified that Ar thur Hasty, his brother-in-law, told him that he did not know anything about the shooting, that he did not see John Spencer testified that George Hasty called at his place of business about 6 o 'clock on the morning of the tragedy and gave him a drink, and then told him that lie had been trying all night to get in the room of one of the women and was going to try again. B. D. Hallman testified that he heard Arthur Hasty say that he did not know anything about the shoot ing as he did not see it. Dr. Nesbitt testified that Mr. Davi son was shot in two places, and gave the course of the balls. Junius Parrott testified that he was in his office under the hotel and heard screaming and in a moment or two heard somthing fall on the floor. With this the arguments .were be Capt. J. B. Bell, opened for the State, and was followed by H. K. 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