The press and standard. [volume] (Walterboro, S.C.) 1890-current, November 24, 1909, Image 1
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■*%, 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 .%*•