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- ■*.«****■. • ’i ■*%, III** t.l] tandard. ►u XXX1L VVALTHRBORO, S. C NOVEMBER 34. 1009. "NO. 14 MESSERYEYON TRIAL OS£ AGAINST SUTEHOf CONSTABLE FISHIURNE AND ALTMAN BEING TRIED. TEN DOLLARS |V1 REDISN FINED TEN DOLURS BT JUDGE CANTRER FOR GOING ON WITNESS STAND INTOIICATED. ANOTHER MISTRIAL SMITH ELECTED. FIVE CONTINUANCES AND TWO MIS- 1 SECOND RACE PROBABLY RESULTS IN The trial of J. W. Messervey. : charged with killing Constables C. P. 1 Ffehburne and J. D. Altman, July 6, at Ravenel, was called Monday mom* jog and the trial entered into. Diffi culty was had in getting a jury and a special venire of ten jurors was drawif from the Five Mile box. Eleven jurors were obtained from the regular venire, only one being |«ft for the special. The State used all its objections and the defence eight. The Court excused nine. The following Is the jury: B. B. Good win foreman; J. J. Fralix. W. M. Sauls. B. Tuten. J. W. Thomas, A. L. Prine, N. F. Hiott, J. C. Fralix, C. A. Taylor. A. F. Fisk. A. W. Wai^ ren. J. J. Liston. Solicitor J. H. Peurifoy is —dated by his brother, James E. Peurifoy and Howell A Gruber 4 The defen dant it represented by Padgett A Lemacks, and Joe M. Moorer. Esq. The trial now is on the indictment for killing Constable Fiehburne. There is great interest being taken in the trial, and the Court House has packed been. This tr i a 1 was fought hard. The Hon. W. B. Gruber conducted the prosecu tion, and Col J. G. Padgett the de fence. On the call of the case Joe M. Moorer, Esq, of counsel for the de fence, moved to quash the inditment on the grounds of irregularity in the drawing of the grand jurv. The writ of venire facias, under which the grand jury was drawn, failed to carry the seal of the clerk of Court, and the grand jury was thus illegal. Accordingly the resident Judge (Memminger) ordered a new grand jury to be drawn,- which was ddne*. It was this grand jury that returned a true bill sgainst the defendant. After argument by counsel Judge Dan tiler refused the motion, and the drawing of the jury proceeded. THE FIRST WITNESS. The first witness called by proee- outkm was H. W. Black, Jr,, chair man of the county dispensary board. He was examined to show that C. P. Fishburne was s regularly appointed constable, holding a commission from the Governor, dating from 1907. E. G little, depot agent and tele graph eperator at Ravenel, testified that the defendant, J. W. Messer- vey, came to the depot at Ravenel about noon, July 6, to get a package of freight, which was a barrel con taining about thirty gallons markeJ “alcohol/' Constable Altman was there, and Messer^ey went off with out getting his freight, not having presented a bill of lading. Mesaer- vey an ap ointment to corm.- batgc at 7:15 o’clock. At 1:05 that afternoon Mr. Fishburne got off tne train and went off with Mr Altman to tbe boarding house to get supper. In about fifteen minutes a negro man, who was with Messervey at noon, came up to the depot. He went back up the road and returned in a few minutes with Messervey in a wagon. Messervey had a bill of lading for a half barrel of alcohol consigned to L. W. Messervey from the Turner Looker Company, Cin cinnati, Ohio, weight given as 200 pounds. The receipt was exhibited, showing signature “L. W. Messer vey,” signed by the defendant. The witness then went back into the depot and closed the door. He heard the wagon drive off and stop. Look ing out he saw Fishburne holding the bridle. He heard Messervey say he could not give up the horse, as it did not belong to him. The witness turned back into the office when he heard two shots fired about fifteen seconds apart. The witness stood still a minute, and then went around the depot. He heard Altman calling for his negro Brown. Altman was lying ^n his side on the ground be side the depot, about twentyfive feet from where the wagon bed been . standing. Fishburne was lying near tqe corner of the depot about twenty feet from Altman. Memervey and the wagon was gone. ——— u_ i : 1 ** ■ (CONTINUED ON PAGE EIGHT.] TRIALS THE RECORD4)P TO PRES ENT DATE OF PRICE CASE. THE ELECTION OF SMITH BY A SMALL MAJORITY. A sensational development occurred Thursday morning during the progress of the Price trial. . Ivy Redish, one of the principal wit nesses for the prosecution went oa the stand in so intoxicated a condi tion that his honor. Judge Dantzler placed him m the custody of the sheriff to solver up. His testimony was thus practically lost in the trial, and it ia the opinion of many that this weakened the side of the prose cution. He was brought into court Friday morning and,sentenced to pay a fine of $10. being adjudged In contempt of court. Tte fine was promptly paid. The incident created some what of a sensation in court, and in order to present the matter just as it occurred, the notes of the official stenographer are published. The matter is very much regretted by everyone^ and it will probably be such a * lesson to those concerned that a repetition need never be feared. t Mr Redish was questioned by Judge Dantzler and the official re cord follows: Q. Mr Redish, how was it that you became so intoxicated yester day? Are you a drinking man? How is it that you came to court subpoenaed as a winness and msde yourself incapacitated to discharge your duty as a witness? A. I took a couple of drinks. Q. Where did you get that whis key from? A. 1 got it out # of Mr Padgett's office. Q. Who gave you that whiskey? A. I would npt care to say. Q. Did anyone interested in this case, give you whiskey? A.‘A witness. Q. For the State or for the de fense? A. For the defense. . Q. A witness for the defense gave you the whiskey? A. Yes sir. Q. Did you ask him for it or did he voluntarily give it to you? A. He offered it to me. Q. Who was the man? A. Strick land. ^ Q. What Strickland? A. Hugo Strickland. Q. He offered the whiskey to you? A. Yes sir. Q. How many drinks (Hd you take? A. Two. Q. How long after you took those drinks did you go on the stand? A. 1 don’t know just how long it was; it was not very long. About a quar ter of an hour I guess. The Court: —Even if he did give it to you that is no reason why you should have taken whiskey when you were a witness up here before the court, not a bit. This court kl foe the purpose of administering justice and hearing competent testi mony from rational people, and not from those who are intoxierted. A. I did not think I had taken enough to intoxicate me. The Court:—You ought not to have taken any at all. Have you anything to say from your conduct yesterday, and taking whiskey 1 be fore going on the stand? Have you anything to say why you should not be adjudged in contempt of this court? Ivy Redish, a witness for the State on yesterday, having become too intoxicated to intelligently, tes tify having several drinks of whiskey, and it having been demanded of him by the court if he had any thing to say why he ahould not be adjudged in cpntempt of this court, and he having nothing to say, it is ordered that he, the said Ivy Redish be. and hereby is adjudged in contempt of this court, and that he do a fine of ten dollars. The Court:—Mr Strickland, upon my asking Mr Redish where he got whiskey yesterday he said he did not care to say, but upon my insisting he said that Mr Hugo Strickland gave him the whiskey. ‘ Mr Strickland:—I dmijr the gheige. I did not give him eng if all., Q. A. I PP*- HON. D. L. SMITH, who goes to House to fill unexpired term of the late Hon D C San ders. EXECUTIVE OOMMITTE TO MKT. The County Executive Committee will please take notice that it will meet Friday to canvas the election returns instead of Thursday, this being a legal holiday. M. P. Howell, Chairman. What has been a celebrated case T he results of the second pri- in Colleton county for the past two j m4r y held to elect a idccessor to years has resulted again in a mistrial the late Hon. D. O. Sanders, held CONVOCATION MEETS THE CHARLESTON CONVOCATION HELD AN INTERESTING MEETING AT ST JUDES LAST WEEK. Q. Did you give him anything! A. I came intt* this court yesterday morr.ing. 1 was sitting over there. He saw me and I spoke to him in a friendly way. He. said tome. “I feel as tough this morning as I ever felt in my life. If 1 had a little smiie it would help me. You have not got any?” 1 said: “No.” He said: "Do you know where any is?” I !ook»<i in his 4ace. I said, “Ivy, a frier ! of mine has some here. I have his permission to use it myself and to use it for a personal friend if he wanted a drink,” and he said; “That is just what I want to have, and I w ant to tell you that I want it.” And I said: “I will show “you where it is.” And I took him out and showed him where it was and 1 drank some out of the same bottle with him. I didn’t drink as much aa he did. I did not tell him to go and and make a hog of himself, and he said to me, “Strickland, do you warn some Budweiser,” and 1 said, “1 did not.” I said, “Ivy, this is h iM'i sonai transaction between you, tnd me and is on account of the personal feeling which exists be- t.Ven us.“ I said: “You have soon to take the stand.” He said; “I can drink a quart.” 1 said; “You may get drunk and I dont want you to do that.” 1 have no feeling towards the boy hut good. He asked me if I knew where it was and 1 told him yes. The Court: - Mr Strickland, and you di t not perform any friendly act to i.ir.r friend'. 1 am not going to s;n anything further to you about this matter, but I do want to say this much; there is too great a tend ency in some places to do this sort of thing with witnesses and jurors, and if I ever have a suspicion that such a thing has been done I will do the very best in my power to teach the man who does so by act, word or through the iafiuence of whiskey a lesson that he will not soon forget. Of course 1 have not the power to stop it unless I have the evidence, but if I do I propose to exercise my power to the extent of my ability. Now I will say in justice to Mr Redish that he did not.want to men tion who gave him the whiskey. It was only upon my insisting that he and James Price, charged with the killing of Willie Redish, does not yet know what his fate will be. This case has attracted considera ble attention. The homicide occur red near Williams in the upper part of the county, April 6, 1907, and since that tkne the case has been continued five times and two mis trials have been had. The first trial in the spring of 1909 resulted in a mistrail. At the summer term of this year the case was again-continu ed and the trial which haa just ended resulted in a mistrial. This is one of the hardest tought trials that has been before the Colle ton courts in many years. The defendant has been represented by Col. James G Padgett and in the trial just concluded by Col, Padgett, H R Padgett, and Jossph Moorer. The solicitor was f ieted by Jas. E. Peur foy aad D B Peurifoy. The follosving is the jury: „ A RSpeights. LA Mellard, C T Cummings, James Dafedridge, J M Youmans, W F Boats, A E Nowell, J M Morris. W C Vaird, Andrew Driggers, D C L Hiers, C D C Adams. -4, The case was called Thursday morning and consumed two entire days, going to the jury Friday even ing at 7 o’clock. The jury remained locked in the room all night and be ing unable to agree Judge Dantzler at the convening of court Saturday morning ordered a mistrial entered. NINE FOR CONVICTION. It is understood that the jury were nine to three for conviction at first for murder and then the nine agreed.oa a compromise, making it manslaughter, but the three would not comeat'So . seek a verdict and the mirtsiai was the conaequuce. The killing of Redish occurred Saturday afternoon, April 6, 1907, atthehomf Jamea Smith. It was developed in the trial that Jamea Price and his brother had gone to Lodge on Saturday morning and re turning, had stopped at Price’s sister’s home, Mrs Ben Lyons, to eat dinner. Price had been drinking and when he sat down to the table he pulled out a quart bottle of whiskey end placed it on the table beside him. A little boy, Monnie Smith, the adopted son of A J Red ish, was there at the time and said to Price, “If you will quit drinking and pay pa his rent you will tfii along better.” The testimony of the prosecution was that this enrag ed Price very much and, going out of the kitchen, be fired his pistol several times, in the meanwhile curs ing the entire Redish family. Miss Leila Redish, who was visit ing at Mr Lyons’ hearing the shots and the weeping of her little adopted brother, came out to inquire the cause. Price again cursed her and the entire family. She told him she would tell her brothers, he replying that if they bothered him he would give them that—firing his pistol again. THE DEFENSE’S CONTENTION. The defense contended that Price did not curse Miss Redish or the yesterday, while not complete, ill probably result in the elec tion of the Hon. D. L. Smith by a small majority. There are four poll* yet to hear from, Berea. Horae Pen, Hickory Rill, Warren’s X Hoads. No election At Colleton and Petite. Smith leads by 24 votes, and several of the polls jet to be beard from will go for Smith, ao it is Conceded that Smith is elected. VOTE TABUIATED. Adams Run 18 7 Ashton 5 25 Belb 14 25 Cottagevitle 26 11 Doctor's Creek 25 14 Green Pond 1 34 Hudson’s Mill. . 10 21 Maple Cane 10 30 People’s 9 22 Ravenel 0 16 Rice Patch 3 34 Ritter 7 15 Smoaks 06 11 Sidney 16 8 Sniders 0 H 29 Tiger Creek 38 1 Walterboro 158 58 Williams 23 23 Wolfe Creek 10 7 Young’s Island 1 52 Horse Pen Colleton 10 5 Petits Hickory Hill Jacksonhoro 18 1 Berea" Lodge 22 ' ’18 Hendersonville 10 1 30 Ruffin 22 ’ 9 Totals 530 506 MRS J,W CARSON DEAD. This community was pained to learn Friday morning that Mrs. J. W. Carson had died ’Asuzaday night. Mrs. Gurson had bean been ill for five months and the end was not un expected. She underwent an opera tion in the early summer, from which she did not fully recover be fore taking typhoid fever, with which she lingered for some time, developing finally into pellagra. Mrs. Canon was Miss Annie R. Connelly before her marriage. She was a daughter of William and Martha Connelly of near Allendale, Barnwell County. She was born March 2K, 1870, and was married to Mr. Carson February 3,1802. There were no children by this union. She was a member of the Second Advent church, where she lived a consistent member until her death. Her remains were taken to the Peniel Baptist church Saturday at 1 o’clock, whe The Charleston Convocation of the Episcopal church, which conven ed here last week, adjourned on Thursday evening; Bishop Guerry held services Monday evening. On Tuesday evening the Bishop at St. Jude’s, assisted by the pastor and several of the visiting clergy, deli vered an instructive address on the subject; “What the church has done for the nation.” The opening sesrion of the Con vocation was held on Wednesday at which about a doaen of the clerical members of the Convoca tion were present. The sermon was preached by the Rev P H Whaley. D D rector of Christ Church, Charles ton. This was followed by a busi ness matting. i On Wednesday afternoon a recep tion was given by St. Jude’s Guild, in boner of the visitors, at the resi dence of Airland Mrs J E Peurifoy, and proved a moat pleasant affair. Many of the members of the con gregation met aad became personally acquainted with the viritora, and the hours as spent together, were ex ceedingly pleasant. A delightful feature of the gathering, in addition to the elegymt lunch served, wee the marie, boat vocal and instrumental, rendered by Mrs Lyding of Charles ton and Mr Bviaon. At 8 p. m. oh Wednesday, after evening prayer, three interesting ad- dreesm were delivered on Missions; general, domestic and parochial, by the Revs Marshall, Way and Evison. Oa Thursday morning at half past seven there was a celebration of the Holy Communion. Business session followed at 10:00, at which various reports were made on matters relat ing to various subjects in the several parishes; after which folowed the order of the day: A paper in the scriptural authority for Confirma tion. This called forth a general dtehMrioQ* The concluding services were held ht 8 pw m.. as above stated. The visitors expresred themselves as delighted with their experience among at, and strong resolutions of gratitude were passed exprewing their appreciation of the cordial wel come and the hospitality given them. The vested choir did their pat well, and many were the words of praise given them for their efficiency. The next meeting of Convocation will be held at Rockville in Novem ber. »re the funeral services were read by Rev B. W. Sineath, 1 after which she was interred in this cemetery by the side of her father and mother. Mrs Carson will be greatly missed among her wide circle of friends, for she was a good woman, and the passing away of her removes from their midst one whose place can never be filled. HOLDOVER GRIND JURORS who hold over for next The following are the grand jurors Kinsey, R. C. McMillan, EL O. Garris, A. E. Griffith, L. H. Laroche. J. E. larris Griffith. T. P sister and the family. Price, in the meanwhile, was standing just inside of the door with He hKUoVu^neJwmmg* e^nd: t™ 18t » t ^ ‘ h “‘ wh ‘*"' er “•'* i h ‘ S P . ,sU ’ 1 ‘ n h “ * ft " JT! getting drunk. i ^ did not W his hon * st debt8 was : words were passed Redish reached in At this junction Col. J G Padgett | a liar and ex P lH * ned the shooting of i and grabbed Price by the collar ^ ^.i 1 w_ 1 w jt e his left hand and with his right art se and stated that he was willing' ^‘ 8 P> 8to l »* a signal to Mr Lyons, to swear on oath or make and affi. who was working in.the field to come davit that he did not know anything! to the hoU8e he had a message for of the matter; that he did. not. know * , ,. liquor in' Leaving Mr Lyons’, Price and his not have 1 brother went on the James Smith’s* there had been a drop of his office, and he would Countenanced such a thing being done there if he had known it; that he believed now one of his own witnesses had gotten hold of the same bottle. I Judge Dantzler anared Col. Pad gett that such a step was not at all aecemury, that he was sure couneel knew nothing of the occurrence. ' ' A •• * . * • .. While talking with the family some one looked out and saw Willie Red ish, has brother. Ivy, and James Sanders approaching across the field. Coming up, .Willie Redish said to Price that he wished to see him. Price, surmising what they wanted* did not go out to talk to them* stat ing that bo was too drunk to go out. Kedtsn men sara ns coun sss mm l in the boost* bad cursed Mi hand he braced himself against the door. While in this position Price fired, killing Redish instantly. TRIED TO ESCAPE. Price immediately left, being taken to Branchville by his brother, where' he purchased a ticket to Jacksonville, Fla. While waiting fora train at Blackvflle. be was arrested and brought to Walterboro and since that time an interesting legal fight has been waged bctwowi the proaecution and the defense. Price ia a young man 28 years aid and base wife* three ehiklrsu. ftad- rpoaeloi elect- and Wardens re- HENDERSONVILLE ELECTION The election held in Henderson ville today for the purposeSof ing an intendent ilted as follows: ^ Intendent—M. B. Marvin 19, G. W. Sweat* 26. , _ , Wardens—J. A. Marvin, Jr, 26; Joe Hamlin, 28; G. E. H. Moore, 35; W. St. Capers, 15; C. P. McTeer, 18; G. S *y>^J2t R wIs riectedintendent. ■id Joe Hamlin, G. EL H. Moore, G. S. Clark and RM Carter were elected Wardens. PRESIDENT SHERIDAN WRITES The great purpose of the Interde nominational Sunday School move ment is before organised Sunday Schools and larger work for the young people both in the church and out of the church. The movemnt- is far greater than any denomina tion; it will keep our churches to solve the problem. How can our young people be held in the Sunday School as workers in the bringing of the world to Christ. We are glad that Min Ida May Fishburne, Secretary of the Colleton Association of Sunday Schools, has consented to edit a colum. so cour teously offered by the Editor of The Press and Standard, forthedinsemi- nation of information concerning the work and as a medium of ex change between the various Sunday Schools in Colleton County of plans, ways and means, and aceoropUsk- ments on its part of organized Sun day Schoob. Let the officers and teachers of every School enrolled in the Association gladly give their aid and cooperation by sending for pub lication in thb column records of organizations of adult dassea, Baraca and Philathea classes. Cradle Rolls. Temperance work. Your success will encourage others to organize for more effective work. Let our aim be-every child, every young person in Colleton County enrolled in a Sun day School, and Christ brought into his life. Faithfully yours. Hugo G. Sheridan, President. Interdenominational Association of Sunday Schoob for Colleton County* Hon G. W. Way >• *4 t .%*•