The Bamberg herald. (Bamberg, S.C.) 1891-1972, January 19, 1911, Page 2, Image 2
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| The Live Stocl
II LAWYER JONES MUS
| John J. Jones Convicte
|. Crime Being the K
|| tine?Testimoi
Orangeburg, Jan. 12.?The court
of general sessions has been engaged
to-day in the trial of John J. Jones,
an attorney of Branchville, charged
with the murder of Abe Pearlstine,
a merchant of the same town, December
15, last in the lobby of the
Branchville postoffice. The case was
delayed until the arrival of witnesses
on a train due at 11 a. m.
Upon arraignment Jones pleaded
ornil+v and fho inrv waa f>hn<5PTl
tiiv/t ^UlltJ UUU VUV jut J ?%*M ?
The State objected to three jurymen,
while the defense objected to 10.
The jury serving on the case is composed
of: A. M. Whetsell, G. W.
Garick, R. N. Owen, A. E. Rutland,
G. B. Smoak, R. S. Winningham, A.
D. Dempsey, J. A. Breland, E. W.
Whetstone, O. L. Crum, E. M. Robinson
and J. W. Whetsell.
The counsel employed in the case
for the State are: P. T. Hildebrand,
solicitor; A. H. Moss, Raysor & Summers
and W. . Martin. The defense
have Wolfe & Berry, Glaze & Herbert,
C. P. Brunson as counsel.
Heard Pistol Shot.
I The first witness for the State was
Dr. J. S. Wimberly, of Branchville.
He said he heard a pistol shot on
the morning of December 15. He saw
Jones run out of the postoffice and
when he reached the postoffice,
Pearlstine was leaning on his arm
on the floor of the office lobby, holloing.
He didn't see any one in the
postoffice when he first got there. He
went back to his drug store across
the street and returned. He did
not examine Pearlstine until he held
if
the autopsy over the body that day.
He said that Pearlstine came to his
i x ?M J
aeam uy pisioi suui wuuuu, wuu;ii
entered the stomach, severing the
abdominal aorta or big artery. Death
resulted almost immediately. From
point of entrance of pistol ball, Pearlstine
must have been standing at an
angle to Jones. Dr. Wimberly said
that Pearlstine was about five feet
eight inches high, about 35 years
of age and weighed about 180
pounds. He was corpulent for his
height. Jones was bare-headed
when he saw him and had blood on
his face. There were no powder
stains on his coat or body.
Plan of the Scene.
Frank W. Frederick, surveyor and
Car
Notwithstanding
>ur customers ca
,o to market last
:ar load of fine IV
Jules. These w
ind Mule market
rou needn't tak<
"H
i this part of the cow
ave just arrived, and
xcellent match teams
lamberg County, but <
long distance to buy
smething, and that th
tie lower tier of count
ight and you will bu
FRA
k and Vehicle R
S. We also sell Buggies,
/
r stock is the largest in thi
T SERVE TEN YEARS.
id of Manslaughter, His
illinry of AKp Pparl.
JJL&AAAg VA A A *
ly in the Case.
i
engineer, testified as to a drawing or
plan he msde of the postoffice lobby. ,
Dr. C. P. Perryclear testified that
he heard the pistol shot and followed .
Dr. Wimberiy from the drug store to
the postoffice and found Pearlstine
nearly dead when he got there. He t
examined Pearlstine and found no |
weapon upon him. A ring on his ]
finger was bloody. Pearlstine was ,
blind in one eye. ]
Preston Grimes said that he saw {
Pearlstine lying on the floor in the ]
Branchville postoffice the morning of ,
the shooting. He and Dr. Perryclear
examined the pockets of the dying
man and that they found no weapon.
Grimes is a clerk of the Pearlstines
and testified to a financial crisis in
the Pearlstine business.
Postmaster's Story. ]
J. Marion By.rd, postmaster at 1
Branchville, testified that he was in (
his private office by his desk on the ?
morning of December 15. He heard 1
a noise in the office near the car- *
rier's window. He thought it was the 1
rural carriers. The clerk said it was
a fight. He hurried to the scene and
found Pearlstine and Jones in the ^
corner of the postoffice lobby fighting.
He asked Pearlstine not to
fight in the office as his wife was
there. Pearlstine stopped fighting. '
Mr. Byrd said he didn't know any- J
thing about the beginning of the
trouble. Jones was in the corner, ^
with his hands up, protecting him- ^
self. He didn't see Jones strike any
blows. He didn't watch Jones after
parting them. Pearlstine walked
off slowly with him, apologizing for
fighting. He heard the report of a ,
pistol and Pearlstine said he was
shot. He supported Pearlstine until
he caught hold of delivery window, .
then he went to his wife, who was
(
crying in the postoffice.
Saw Pearlstine on Floor.
When he looked out again Pearl- ]
stine was lying on the floor. Mr. 1
Byrd said after the fight had ceased j
in the corner he could not discern ]
anything on the part of Pearlstine to
renew the difficulty. Pearlstine ]
nradft no effort to do anything after ;
he was shot. He said Pearlstine was i
a muscular man. Jones and Pearl- i
stine were about four feet apart ]
Load
the large numl
me for them s
week, where w
lules and the o
1^1
ere seieciea in
in the world, I
e our word fc
it th
itry, but come and
we want you to see
in the lot. We are
our trade extends al
stock from Bamber:
ey will find here th<
ies. Buy where the
y rrom
NK
Aan
Wagons, Harness, and ii
is part of the country.
when the shooting took place. Jones
backed out of front door. He noticed
blood on Jones's forehead.
Jones was bareheaded when seen.
The affair took place between 9:45
and 10 a. m. on the morning of December
15, 1910.
Earl Smoak, a clerk in the postoffice
said he was sitting at the general
delivery window and he told the
4>Vkrv?*/\ ttta n a nrV*+ otai n <r
P <JSLLLI<X<S LCI LLLC1C W ao a llgLLb gviur,
on in the postofRce lobby. He could
not see the fight and didn't know
whom it was. He walked around to
the postmaster's door and he saw
Pearlstine talking with the postmaster
and Jones walking off. Just before
Jones got to the postoffice door
tie pulled a pistol and fired. Pearlstine
said he was shot. Jones and
Pearlstine were eight or ten feet
ipart when the shot was fired.
1 AAlrtn rr of TAriflfl
rwtnoiHlC woo uui iwmug ai u uuvu
when Jones shot.
The witness said he was nearer to
Tones than to Pearlstine when the
shot was fired. Jones took the pistol
jut of his hip pocket. Pearlstine
lome in/to the postoffice first, then
Jones came in. The witness heard
Pearlstine tell Jones to read a paper
three times. When he went out
)f the postoffice into the lobby Pearlstine
was striking Jones. All happened
very quickly and in a short
:ime. He noticed blood on Jones
:ace.
Pearlstine Struck First.
Clifton Dukes was the last witness
'or the State. He said he was at the
noney order window to get a money
>rder when Pearlstine came in. Then I
Tones came in. Pearlstine showed
Tones a letter and asked him to read
t three times. The third time Pearlitine
struck Jones in the face with
lis fist. Jones didn't read the paper,
lut pushed it off. Tjhere was a
jcramble and fight after Pearlstine
struck Jones. Pearlstine was between
Dukes and Jones, he said, and
ie didn't see Jones strike Pearlstine.
rhe postmaster came out and separated
them. No one was knocked
iown during the scuffle. After parting,
Jones walked toward the front
ioor and Pearlstine was apologizing
to the postmaster for ngnting in nis
wife's presence. Pearlstine picked
his hat up from the floor and was
walking slowly along with the postmaster
and reached (the general delivery
window when the pistol fired.
Pearlstine was looking toward the
postmaster and could not see Jones
Pearlstine cried, "He has killed me.
Good-bye, good-bye." Jones was
ibout nine feet from Pearlstine when
he fired. There was no fight going on
Is J U!
>er of Horses ar
o rapidly that v
e bought two Cc
tlipr a miyprl In;
East St. Louis,
>y Mr. Bamber
>r their being
p Hi
see for yourself,
them before they a
; not only selling si
1 over the low count
g because they kno
; largest number on
assortment is full ai
BA
\
M
n fact everything that gc
at the time of the shooting and nothing
was said at that time. He saic
he had known Pearlstine all his life
and that he was blind in one eye.
When They Were Separated.
On cross-examination ' Mr. Dukes
said Pearlstine spoke first and struct
Jones. Jones had his head down and
Pearlstine was striking at him wher
the postmaster separated them. Al]
happened in a short while and Jones
had blood on his face. Said Pearlo+inn
Tiro a raadinflr TirVlon Trtnoo no m P
OllUC nao ivautug n uvu vvuvaj vwuiv
in.
W. P. Appleby was the first witness
for the defense. He testified
that he heard the shot and went out
in that direction and saw Jones with
a pistol in his hands. Jones told
him he had shot Pearlstine and that
please go to the postoffice and get
his hat. Said he found Jones's hat
in a corner of the lobby and Pearlstine
was lying on the floor, still
breathing, but couldn't speak.
J. W. Sheriff, a lufnber man, testified
that he was in the postoflice
writiiig a letter when Pearlstine and
Jones came in. He heard Pearlstine
ask Jones to read a letter several
times and saw Pearlstine strike
Jones. He didn't remember Jones
ViQTrin cr ?oi/1 anvthinf Pearl St.i TIP
UUTlUfe OU1U MUJ
struck Jones 10 or 12 (times. The
blows were very hard. Jones was
very bloody. Jones didn't strike any
blows. He saw the postmaster come
out and Pearlstine was beating Jones
then, until parted by the postmaster.
As soon as Jones-got out of the corner
he walked (toward the front door.
All in Short Time.
Pearlstine was walking in same
direction and was three steps from
Jones when Jones turned and fired.
The postmaster was a little behind
Pearlstine at that time. All took
place in a short time. They were
facing each other when the shot was
fired. He didn't see any effort on
the part of Pearlstine to strike Jones
after the postmaster parted them,
but he didn't know what was in their
hearts. He didn't hear anything
said by Pearlstine or the postmaster
to attract Jones's attention after
Jones started out' of the postoffice.
Jones wheeled around and shot
Pearlstine. He didn't know whether
or not Pearlstine saw Jones, but they
were facing each other. He didn't
see any weapon on Pearlstine.
Dr. M. G. Salley, physician, testified
that he attended Jones after the
shooting and used a stitch to close
up a cut over the eye. Evidence
was plain that Jones had received
five licks he said, which appeared to
be fist wounds. He didn't consider
st Ar
id Mules on han
ve were forced
ir loads?one sol
ad of Horses ar
the largest Hon
g personally, ar
as good as ev<
irt"
This new lot of sto
ire picked over. Sor
tock to the farmers
:ry. People come frc
(ar hie mnranfpp tyipa
TT 111U g M?A1 U11VVV 111VM
i hand of any dealer
id prices and terms a
MB]
Bamberg,
?es with a horse or mule, s
I
Jones's wounds serious, but the
I blows were severe.
- Arrested Jones.
Marion Browning, chief of police
at Branchville, said he took Jones
J into custody 15 minutes after the
L shooting and brought him to Orange1
burg. He said he was in the same
1 condition when his picture was taken
^ in HroTiorflhiirff qo Vio uaa whpn hft
iu V1UU{)VI/U1Q U*j MV ?f WW VfMVM
5 took him into custody.
O. B. Rosenger, a local photographer,
testified that he made a picture
of Jones in his wounded condition
the morning of the shooting.
The picture was introduced as a dia'
gram.
Dr. J. D. S. Fairey, a physician,
said that Jones had been under his
' treatment for past eight months. He
was very nervous and suffered from
stomach trouble and chronic dyspepsia.
He said from obesrvation Pearlstine
was a strong, robust man,
weighing about 190 pounds. He
said he heard of Pearlstine getting
into difficulties in Branchville and
' xi J-'-i
tnat ne was ai umes a uutm uduve
maker.
P. P. Bethea, a merchant; J. B.
Williams, mayor of Branchville; R.
A. Hamilton, president of the Bank
of Branchville; Rev. Alan McFarlan,
pastor of Methodist church in
Branchville last year, and Henry
Strickland, testified as to Jones's
reputation for peace and quiet. They
said it was good.
I
Showed Him Paper.
E. H. Rawls, who runs a newspaper
in Branchville, said Pearlstine
came into his office one night before
this shooting and showed him a letter
he had received from an Orangeburg
firm of lawyers concerning a
claim his store owed. Pearlstine
showed a receipt he had received
from Jones in payment of -this claim
and said that Jones had not turned
in the money. Pearlstine said Jones
was a grand .rascal and that he was
going to show him up. Mr. Rawls
testified that Pearlstine wasn't angry
when he was talking to him, but that
he impressed him as being very
much in earnest.
Orangeburg Jan. 13.?Jonn J.
Jones, attorney of Branchville, on
trial for the killing of Abe Pearlstine,
a merchant of the same place,
was to-night at 9:15 o'clock found
guilty of manslaughter. The jury
had been out only an hour when they
brought in their verdict. Sentence
will be pronounced by Judge Memminger
to-morrow. Jones is to-night
in the Orangeburg jail.
The court room was crowded to its
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ERG1
South Carolina
capacity to-day by an eagerly interested
crowd. Among the spectator*
was Mrs. Abe Pearlstine, wife of the fypBJj
dead man, Mrs. Shep Pearlstine, w.
iiyssj
>sister, the wife of the prisoner-and
his niece.
The interesting feature of the day's
proceedings was when the prisoner j
himself took the stand and told his
story of the killing.
Tiie jury nas Deen Kepi m cusioajr >^sgE
since the commencement of the trial,.
being guarded by constables during
the dinner hours and last night The ]
jury was quartered last night ait Mrs. I
W. G. Albergotti's boarding house? j
The court was opened promptly at I
9:30 this morning and the defense j
proceeded with its testimony. The gl
first witness put up by the defense
this morning was L. H. Fdirey.
Fairey, who is vice-president of the jfg
Bank of Branchville, testified that as rjM
far as he knew and from what he
heard the reputation of Jones and v
Pearlstine were good, but he had vv^Jjl
*- 3 - - ?* In a #abt
neara or reansimc ucm^ w ? ?.<??? - ^
rows. *
Hade Threats.
W. W. Connolly testified that he &||
had a conversation with Pearlstine
the Saturday- night before the killing, f
He said Pearlstine told him Jones ^
was a dirty puppy and that he was a ^.^4
man that had caused him a heap of .r4zk
trouble. He also told the witness 1
that if Jones didn't let his business 1
alone, he intended whipping him. He -1
said that the conversation took place I
on Pearlstine's steps. . 1
T. E. Fairey said that Pearlstine ' j
told him that he made one Pink ^71
Thompson beat Jones. He said Pearl^ "1
stine told him this at a barber shop. * 1
Thompson was a heavier man than "
Jones, the witness testified. On the
cross-examination it was brought out
that Fairey had been in courts before
charged of stealing a watch and y %
of being connected with the killing
- - j
of one Reeves, but tnat tne grauu I
jury threw out the Indictments. jJ
J. W. Kinsey, who lives at Smoaks, . j
but does business at Branchville, tes- i
tified that during last August Pearl- I
stine told him that Jones would have I
to get out of Branchville. fl
Jones on the Stand. l
J. J. Jones, the defendant In the I
case, was the last witness for the de- 1
fense. He said he was about 32 1
years old, was born at Smoaks cross- 1
roads and resided at Branchville dur- I
ing the past three years. He is an I
-4i'?ori/i intprpstpd in furniture
<aLLUi LL^J uuu ........ _ ^
business at Branchville. He read law
under C. P. Brunson of thla city and f
Griffin & Padgett of Walterboro. He
is married, but has no children. He