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0 ^ a W. E. AND HARVEY GRIFFIN HELD FOR NIVENS MURDER (CONTINUED FROM PAGE 1.) Nivens was first shot befor,e the store was burned. Nivens began hoarding with him on Friday and was shot the following Monday. He thinks Nivens previously did his own cooking. Since Nivens left the employ of Griffin the two men have had business relations. He was unable to say whether they were on speaking terms. On cross-examination Bayne said Nivens was shot once before and indicted a negro for the shooting. W. W. Warren was the next witness put up and he testified *. 1 ._ 1 I ] a. 1 1 r-\ -cr* _ I tutiL ne iiau not iiuaru v?rmui talk a g:reat deal about Nivens, but that Griffin had stated to him that he would rather see a dead horse in front of his place than Nivens. He had never heard Griffin say anything: else about Nivens other than "something: about Eb gfoing to court. He asked me if I would come up there if Nivens would g:et shot or if anything: hapi>ened to him at nig;ht. I told him I would not be a (I fool about it, but if I was needed I would come. Mr. Griffin hung: his head and said he was on the top rail of the fence and did not know what step to take. And he said he wanted freedom or death; it would not cut him out of many years of life " He had never heard Griffin say anything: else about Nivens. On cross-examination the witness stated he could not g:ive the date of the conversation Griffin had with him about coming: up if Nivens should be shot, but it was "in the fall of year before! last; it was about a week before the court at which Nivens had the negro tried for shooting: him." He does not know why Griffin talked so freely to him. Nothing: that he remembers was said leading: up to the conversation. E. A. Merritt testified that W. E. Griffin had told him of asking: W. \V. Warren what Warren would do if Nivens were shot, and "he asked me if I was living: wh.re Walter is if I would be .. f.. t l.ij u:? i ai i .u?.i iu l IAMU I11II1 1 would not want to have anything to do with it. He said it was mighty bad for him to have to live right close to Nivens with 1 the conduct Nivens had. Ho said. *1 don't see how 1 can stay hero and nut up with it.' That's all he said about him." Cross-examined, Mr. Merritt said that the conversation with Griffin occurred some time after Nivens was shot?between the time Nivens was shot and the negro was tried; it might have been a month before. The conversation took place in Griffin's store one night about 7 o'clock, and he thought t here was no one present except Griffin and himself. They just got to talking about Nivens being shot, and he could not recall whether the conversation occurred in the spring, summer or winter. He had never thought anything more of it until Mr. Warren said to him about three weeks ago that he would "have to tell the tale." At first he did not know how Warren learned of the conversation between Griffin and himself, but later recalled that he had told him of it as the two were going home from Fort \l\ ill y-wir-wi ti TI l?n /I ! ***,1 UM?- illtCI 11UUII, 11C 1I?IU IlitU trouble with Nivens, but does not know that Nivens had threaten d to shoot him. He had heard that Nivens had threatened to have him indicted for slander, "lie passed my place and told a darky to tell me to report him for carrying a pistol. * * C. P. Blankenship swore that he knew little of the relations between Nivens and Griffin, other than that they were not on friendly terms. Griffin had once remarked to him that he did not see how he could live so close to this man; "he lays around here drunk, uses vulgar language in the presence of my family," and otherwise acts indecently. He construed Griffin's words to mean that Griffin would have to move away. Mr. Blankenship knew that Nivens did not like Griffin. Ho had never heard Harvey Griffin say anything about Nivens. W. H. Jones saw both defendants the evening of the killing? W. E. Griffin at his store and I v Harvey Griffin half a mile away. j?i The latter had a gun and was || going away from home. He next || saw Harvey in his father's store it that night, "two hours after I saw him hunting." Mr. Jonea P? went to the Griffin store after ggg the shooting, but did not see any mB of the Griffins go where Nivens H g; i was. He knew of the unfriendH liness between Griffin and Nivft J -rt. s. ens, which began about the time J Nivens put up his store. J. M. Gamble, son-in-law of W. E. Griffin, testified that he j did not know where Harvey Grif- j fin was the evening of the shooting; He had heard Harvey say he was hunting. "I understood he came to my house after I left i i r i i i,.* * ior tne scene 01 tne snooung. Harvey was at his house in the middle of the afternoon before the shooting, and he saw him at the store after the shooting. Neither Griffin nor his son Harvey went to Nivens' body while he was there. He heard Harvey say that he (Harvey) did not hear the report of the gun. The last witness of the hearing was W. C. Perry. He went upon the stand in response to the request of Solicitor Henry that if there was anyone present who knew anything bearing upon the killing and who had not already testified he hoped he would come forward and give the Commonwealth the information. Mr. Perry told of a difficulty he saw between Nivens and Griffin in' the latter's yard some months ago. Nivens had gone into the Griffin yard to get a bucket of water and Griffin told Nivens to i get out of his yard and stay out. i Nivens agreed to do as Griffin j ordered. Both men had pistols I when the difficulty occurred, but neither attempted to use his fire- I arm. Mr. Perry also told of a remark made by Griffin while Nivens was in Yorkville attending the trial of the negro indicted for shooting Nivens. Mr. Perry asked Griffin if Nivens had returned from Yorkville and Griffin replied that he had not and that it would be a fine thing for him (Griffin) if Nivens never returned. Mr. Perry was on the stand ! only a few minutes. After he j was dismissed Solicitor Henry arose and stated that under sec tion 24 of the criminal code the State had made out a probable case. He contended that in cases of felony, such as he construed this to be, the magistrate has no authority except to bind over the prisoner for trial in the general sessions court. Solicitor Henry spoke less than five minutes, but j his argument was clear-cut and incisive. . Mr. Wilson, counsel for defendants, made a 15-minute speech in which he argued that the State ; had not made out a probable case I against the prisoners and that : they should be discharged w it.li! out day. He said that not a scintilla of evidence had been adduced by the State during the ! investigation to connect Harvey I Griffin with the murder of E. P. ! H. Nivens and that a probable case had not been made out against W. E. Griffin. Mr. Wilson's argument was listened to with great interest and he made a strong plea for the discharge of the prisoners. After Mr. Wilson concluded his "argument Magistrate McElhaney read carefully section 24 of the criminal code and then stated that a probable case had been made out against both W. E. Griffin and Harvey Griffin and | that he ordered hoth remanded i to jail to stand trial in the genI f>r:iI eoccinnc (>nnft der of E. P. H. Nivens. Magistrate McElhaney thought, however, that bail would oe granted both prisoners. There was no sign of either approval or disapproval over the decision of Magistrate McElhaney and the crowd of three hundred or more citizens of the | community that had listened intently to the four hours' testi1 mony and the speeches that fol: lowed filed quietly out of the ! court room. Thus ended the hearing of the State against W. | E. and Harvey Griffin, charging them with the murder of E. P. II. Nivens, on the evening | of December 12, 1910. The prisoners were taken back to the ; county jail on train No. 27, at ] 5:15 Monday afternoon. It is understood application for bail j will be made at once. Here's Your Chance Wtt have several thousand dollars worth of finished marble and granite monuments on our yard. This is more than we consider necessary to carry and we wish to reduce it by one-half between this time and the end of the year. In order to do this we are offering any headstone or monument now in stock at a lower price than other dealers have to pay for the name work. No use to pay $.'.00 for a monument when you can buy the same thing from us at $75. The agent gets the difference. \ Come to our yard and keep the $25 in . your pocket. , YORKVILLE MONUMENT WORKS JOHN E. CARROLL, Pres. and Treas. i . / OTh.^^rJU^rruA.- s Ok ro oc a*JS.~ ff' v QAStA^Lf JLtfiUA^tS ; d/A/:- . . _ . . i/,a-a.u^ A.'f~i4/^Cr- *J0"yyl*-<' *1 >rXAi 0~f.cC' _ ' Hutiiirtd CreeH . } ?C.6#WlA ^^ I An*. -?s?-tAS- ao-c-cL iA /<AAV_ //isct^/- J*accc ( CCLt&tJJt CK .l*S-C-(.(. />&UL-<ZC You ' c/^ ^CC tZAJL-/2 a/y ccCL cSx^ct^^y <TA*XA&I4 ?&-*t /c?/c? j+tzsy g</C*+*//++ iy ",f (fo-HSi<PafffiKS fx*T A{'HOO +r 3^*. Jwttt**, (lutcxj* -to-r* /* /7 . //' .. _/ _ _. /* - ?-t < << ' / /tt Xi^/f K ^ ({/ f^ t- c* i c**r^C<. tf C?ccr(j *^?<xW^/' ' t / *^Z-/ ( ' ?_/! i _y / // ^W/i' jfuAJim-e<?ija& (p. CZ7. ipcttCStp J. TTbt *JL~SL. ? (SC. Mors 7'f- * JEWP /=!/# WMPLTTC /-*1 / ( I. 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