Historical Newspapers of South Carolina

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-O \ ( ' *\ -w V \ \ i m TRIAL ^ (CONTINUED FROM PAGE ONE.] CrMfr-examined. Witnea sUtcd Fuhburm tod Mr Altnan that him if Iw Thfa On croa examination the witness atated that he did not see the shoot- in*. He found a loaded pistol lyin* on the ground beside Mr Fishburne, aL">'< f two feet from the head on the right side. He was lying on his fate with arms outstretched. The witness heard Messervey say to Fish burne: “For Gcd’s sake, turn the horse loose, it is not mine." The witnev* testified that at both trips to i was a the depot the negro came ahead of would take the Messervey and retuntaiJ&f n a few minutes ' afterwards ^Messervey would come up. AMMAN'S DAUGHTER TESTIFIES. did not think the condition of his hip would help him in his defense. After one or two unimportant witnesses teatihed. the defendant. J W Messervey, was sworn. He bad lived near Meggett about se'eu >ut S ears and was running a mercantile usiness. He married a Miss Acker- Mrs ('arlos Beach, daughter of Mr Altman, one of the constables killed by Messervey, testified that ■he lives near the railroad track. A little after 7 o’clock she heard a wagon being driven very rapidly, having in it a barrel and J W Meat- ervey and a negro. In about a half hour Constable Fishburne and her father were brought in. Mr Fish burne lived about twenty minutes longer. Just before dying he said to tell his wife. “1 died doing my duty and Messervey shot me.” Mrs Fannie B Henderson, hearing cry ing at Mrs Beach’s, her neighbor, went over there and the depot, where she saw Fishburne and Alt- nun lying on the ground. She went with them to Mrs Beach’s and asked Mr Fishburne if he wished to sen any message to his wife. His reply was, “Tell her that man Messervey toot me. but I died doing my duty/’ Anderson corroborated the and Mrs words of J W testimony of Mrs Beach Henderson as to the last Mr Fishburne. F. W. Towles testified that about aix months before the homicide he was passing Mcaservey’s home as Mr Fishburne was in the act of leaving Messervey told him that Fishburne had raided him, and that he had told Fishburne he could raid anywhere but his bedroom, if he did that he would shoot. Mr Fishburne replied Hut ,if he had reason to be lieve there was liquor in his bed room he would have authority to raid it. and he could shoot too. Mr LaFarge, night operator at Ravenet up to about a year be fore the tragedy stated that he had had conversation with Messervey about a year before the homicide in which Messervey said that if he was ever penned up or any one attempted to whiskey from his wagon it would be a sad day for Mr Fishburne or any other man. (Counsel for defendant obiected to the admission of this testimony on the grounds of its remoteness. Ob jection was also made to the intro duction of testimony showing the amount of whiskey received, as de fendant had a right to order whis key far his own private use. The objections were overruled on the ground that it is a question to be determined as to whether or not it ‘ ‘ i quantities for per- ritness testified that (had received about four i of about 15 to 90 gallons. F. Gay testified that one Sun day last winter he. in company with Mr J Smoak was looking for someliquo*. and went to Messer- vey’s home to get some. On ap proaching his house, he saw a shut ter dosed. Later Messervey said that he thought these gentlemen were constables is the reason he closed the shutter. W W Smoak, Jr, editor of The Prew and Standard, waa called to testify as to a statement made in an interview at the jail the afternoon Messervey wad incarcerated, which statement has been published. E F Hammond, at that time editor of The Colleton News, corroborated this statement, having been present at the interview. P M Buckner, deputy sheriff who arrested Messervey, testified that he made the arrest a few hundred yards from Ravenel depot and brought him to Walterboro. Messervey gave him the pistol with which he did the shooting, which was introduced in evidence Witness advised prisoner not tp talk, but he heard him say that he shot Fishburne because he would not turn his horse loose. Witness wa* present at portion of interview in jsil with the representa tives of the press. W T Altman, son of the late J D Altman, bring in Charleston and for eight years conductor on the South ern railroad, was called to Ravenel the night of July fi, and found his fathtr at his sister’s, Mrs Fannie Beach. His father was taken to the hospital in Charleston where he died July 9' He heard his father say that Messervey shot Fishburne. The State closed With the testi mony of W J Fishburne. Esq- brother of deceased, who stated his brother was nearly 63 years old and weight about 140 pounds. Tne first witness called for the de fense was H D Padgett, clerk of court, but he was not allowed to ■ testify as to bond of Fiahbulme. . Dr Riddick Ackerman, who hac attended Messervey in jail, state* that he treated Messervey when he was first confined to jail. Prisoner .was to an emaciated, anemic condi- man and^tiy business whs run in her name -LW Messervey. About 17 years ago he was hurt at school, and since then his hip has been paining him very much. July 6. about noon he went to Ravenel to get a keg < f alcohol. He understood Mr Altman whiskey spy, and that he alcohol from him. To avoid trouble he came back in the afternoon when Mr Altman would not be there. In the afternotin he sent the n*gro Brown to find out if Altman had been there. The negm returned and said Altman was not there. He needed the alcohol for rubbing his leg to strengthen it. Ht^ bought so large a quantity this time' because he thought prohibition would be coming on and he would not be able to get any more. John Brown put keg in the wagon, ami Fishburne caught his horse’s bridle. Asked him to turn loose the horse, and told him if he wanted the keg be could have it. Fishburne said no he wanted him, home and all. I told him he could take me and the keg but the horse was my wife’s. Mr Fishburne mid he was sorry, but he had (o take all. I then begged him for God’s mke to let me go and so on, but he would not. I then struck the horse four times with the lines, I had no whip. Fishburne said “well, if I have gut to kill you I will do it” and pulled out.his pistol. Just before he got his pistol up I toot him. I believed that if I had not shot him-he would have killed . me. Fishburne staggered round and tried to raiee his arm to shoot again. to shoot CtasifM UrerthesMsts. defense. The State in rebuttal this morning. P ner, E F Hammond ana T J ard to refute the statement by John Brown on the stand yesterday in reference to the posit ion of the pistol of Mr Fishburne when Messervey fired, the contradictory statement lieing in the shape of athdaviU : signed by Brown at (»reen Pond and in the jail, and being: “Mr Altman walkt-d to the horse’s head and he! and Mr Fishburne were l*»th at the ■ horse’s head when Mr Messervey; fired. Mr Fishburne had a pistol in his hand, but did not draw it on Mr Messervey.” The witness swore Brown made the above statement. J Atthe conclusion of this testimony^ able arguments were made for the • prosecution by Jas K Peurifoy and W B (iruber and for the defense by •b e M. Mqorer and Col .1 S Padgett. The change was able and con clusive by his honor. Judge Dantzler containing many requests to charge by counsel for the defendant. The jury retired to its room at 5:45 o’clock this afternoon. Warn sod for sale ads 25 csals for I word* or l««» Ota* osm« • word for ail ovsr 26 word* Rumims* local* tiw n#a»* a Has Local aid Personal i D L Benton of Hound was in to us while in town Tuesday. Hendersonville I watched him and intended again if he had gotten hb pistol up. but as he did not succeed in getting hb pistol up, I would not shoot. 1 then went home and buried the alcohol, beeauae I thought Mr Towles or other constables would he after it. and he wanted to keep it; he stayed at home till next afternoon when he started to Watterboro. At Ravenel he met Sheriff Buckner and f ave him hb pistol to give to Sheriff ox. He did not tell Buckner that he shot Mr Fishburne because he was holding hb horse, but because he believed Fishburne would kill him. Defendant denied telling I^a- Farge that it would be a sad day for anyone to attempt to take liquor from hb wagon. He never saw La Farge before today. Defendant generally 'carried pistol to protect himself, as there were robbers in the neighborhood. Did not tell Ham mond that he generally carried it when he went after these packages: Cross examined: Defendant is 32 years old. Had been farming and merchandising six or seven years. Had seen Fishburne twice before at hb residence, when he went there to search for contraband liquor. Defendant stated that he had been blind tiger about 13 years ago, when he was convicted and served a sentence on the county chain gang. He waa not given justice then, as he tried in hb absence, being at home ri&k. One never gets justice here. Whdn asked by Hb Honor what he meant by saying that, he stated that he meant one hardly ever got justice on thbsideashe was tried and convicted in his ab sence. Witness used about a pint of alcohol per day for eight years rub bing hb hap once a day. This was shipped In hb wife’s name because n flm bnsiuasn in her name, and this . Jacob O’Quin of was in town today. W G Marshall of Washington, D. C. is vbiting at the home of Mr and Mrs John F Lucas. Mrs S E Boney of Laurens, is in town thb week to attend the Tracy- Lucaf wedding today. . W A Kinard of Mt. Carmel brought us three very fine stalks of sugar canc Friday. There will be union services Thanksgiving day at the Methodbt church. Miss Florrie Williams of White Hall is in town to attend the Tracy- Lucas wedding. The first prize for duff Orpingtons at the Fair was won by Rutledge Sheridan intead of P M Pi adjgett o A second prize for Jelly at the Fair was won by Mrs W W Carter of Ruffin. NOTICK—Tbs santrlate idsvt of Oolls- too i'ouoty Fair AMociatloa h«* on Itaait OO* quilt, which lift* Immio left la hi* charge by tbs owner. Ths entry tsg bs* bsss lost. Anv nns who oaa prove ownership may rail and get It. For piomiit Dray, Hack end 'Transfer •ervlrw. aim delivery, phone SU Jack- *«»» Ar Ol'iver TD EXCHANGE—A handsome hay Ally, gentle ami broken, 2 1-2 jear* old Will take half her value m hrmid •oaa or all in hog* if price suita. Ludsr U Behiii.g, 10 27 4t ' Meggett. 6 C. NO TJIJK—Phone 6lJ lor a hark and go tor 10 cent*. Jarm-nti A Olover. WANIrt. WANTED -fine *hare cropper for two- borre una; also one lor ohm hor*e farm ; good b<> «M-a gmat land h’hI beat sfork and itnptrmenta farnwhed io the tight man. Appy to 1115-3i W II UENNKrr, Lodge. S C Wen ed—The public io know that I am rep-re* miiig Walierhoro Oil Co ri me before selling c tiou seed. G.ve bull# or meal or oaah UJ VAHN, Baffin No 3 WANTED—The public to know that Mias Hattie Henrion Is prepared lor draSe ntaklag or eeaiog of any kind Mbs will be pleased to see her triends. At tbs Boom of Mrs J T Herrington 11 8 if Walierboro, 8. C. WANTED—You to know that I have e complete line of furniture, stoves, etc 1 carry ou a general line of repair wort, such as organs, sewing machl nee, and bicycles " L N Glover. 8-11. • W AN TED—Fim-oUaa share cropper ou esoeptionally floe term in most de sirable commauity. Apply Prase and maadard. good f lady W B Nettles has our thanks for the largest stalk of ribbot^cane we have ever seen. amount Wfe drdered because he eared the eounty would go dry. Wtom he had the keg in the wagon Fishburne said to Altman: “Come on ARmaft and hold the horse while tak* charge of the prisoner.” Alt- man.Mfcte* to do this and witness struck horse four times. Altman stopped as ha struck horse. Fish- Miraesaid h# would have to kill wffhesajnd pulled pistol and as he witness shot, it go and dot to run over Mr Fishburne. Wit J admitted that he had snapped his pistol one time and it refused to five. He then fired again. After die killing he went on home, and toned the keg in hie field. He rolled tin'a hole that was there already Miss Belle Williams of Anderson is here to attend the Tracy-Lucas wedding. Mtes Williams is a Wal- terboro girl, and very popular here. Miss Helen Lacas, who has been on a visit of several weeks to Miss Clot worthy of Charleston, returned home a few days ago.' Mrs F E Beach and little daughter) Marian, and Mrs C E Mellard of RaVenel, paid us apleasant call while in town yesterday. The November meeting of the Kings Daughters and Sontr will meet at the Baptist church on next Mon day afternoon at four thirty O There will be preaching at the Presbyterian church Sunday morn ing and evening by Rev E C Wallace of Pelzer. There will be no services in St Jude’s church on Thanksgiving Day. Such services are usual in all Episco pal churches, but the pastor has an important engagement away from town on the evening of the 27th, and finds it impossible to return in time to officiate. The usual offer ing for the church Orphanage will be made through envelope and hand ed In to the treasurer of the parish, or to the pastor. LANDS TO BE SOLD -FOR SALE FOR SALE—One Black Mara work burse; kind and gentle; nny enn drive her wlili mfery % L. C. Padgett. FOR SALE—Fifteen fat Pork* from 75 r*> 150 pounds each town ceuta on feet or ten cents a pound net 11-17 2t C M GRACE. FOR 8>LE—My stock of oowa, about twenty-seven with young calves; all nice stock and fat; wish to mil all to oae purchaser. 11 17-21 O M GRACE. FOR BALE—Joat received a oar load of Aaguata Brick. Prioea quoted on ap plication. Can fill orders for nny amount. 8 26 tf J M McKenzie. TO RENT—Bnildiag which can be used ae store or for other purposee. 1013 09 BG Byrne BUSINESS LOCALS. We are now read) and anxious to ■apply voor wants to the way of fine moles i to i or fancy and faat Bmoak Miley Ira non ring bor ipanv, vttle, B. C. few Maay of yon bold np an to the world, aad at cheat your eyesight to buying or none at all. Campall, The Eyesight Specialist. Add and Kalnit. A Wichman A Son pistol wil He strock bome to make STATE OF BOU^H CAROLINA, Colleton County. By vinne of the authority in ns vested as executrix and eqecatnra, respectively, under the last will and testament of lease Sauls, deoeaaed, we will offer lor sale at public unction at Smoak’a CroM Honda on the 9 h day of December, 1909, at U o'clock A M , the following arv- eml parcels of land situate in ibe Coun ty and Bute aforesaid, in Warren Town- _ snip* and covffnsd it with dirt. 1. All that tract of la id, known na the Bits Messervey was next called. A * J™!; < 7 >0 '* i "‘ n « tn> tote child, five month, old, t ESS'S; 2 w« ftvddS^oliwhen the homicide ^ occurred Mr Messervey had been ommcc! ; on the south by land* o? H A sickafra toe rubbed him with the Strickland; and on the west by Unds of alcohol. > Had been rubbing him for D L Bmnb about four years. He had never, 2 All that tract of ihat land, know** made any -toiskeyout of the alcohol. •' ' h « School House tract, oo itaiuiug 4 Mr Fishburne had been to her home i mor ! k or K 'T a , twice and had searched the .tore and b, house all but the bed room; this MrL itll(eof w gtDU . O0 % M grubby Messervey warned him not to entet. u,„ia of the *ch.*.t district; an 1 on the J W. Brown, the negro who whm weal by pnbHc bighwsy with Messervey was next called. He 8 All that tract of land, known as the has been in jail since July 10, but has never been indicted. He was working for Messervey. hoeing cot ton. He went with Messervey to Ravenel. He practically corrobo rated the account of the killing as told by M esnervey. Cross examined: Witness testified that Messervey waited some* little distanceirom the depot and sent him into see?f ‘ the agent w the afternoon when he went there, to V! in jail hewto ’•boot pot the agent said that Mr Altman had gone to supper aad Mr Fish burne had come on the train and had gone to supper, and would be gone a half hoar, and to come on he ‘ wan ready for bostnesa. They got the keg into wagon and just then Mr tonool Boost tract, coo'uining 15 more or less, and being bounded oo the north by lends of C. W. Garris; on east by lends of Mery tools, deceased; on the onth by lends of Frank Devis; end on the went bv lands of O. W Uanis 4. All that treot of lend known es the George Williams tract, containing 80 acres, more or leas, end being bounded oo the north by leads of B W. Bishop; test by lends of e«te<e of Mery tonh; on the soato by lands of Frank Davis; and on-the west by public highway. -Terms of sale cash. We reserve the right to reject ear end nil bid*. LAURA SAUL*. Executrix. C. W. GAMBIA, Bxnentor. I. A. 8AUL8, 3t li-M W e have juet unloaded a oar of fine mules and homes. Just the kind to suit everybody. Call und see them. Bmoak-MUey Company, BranchvilieT 8. C. Syrup barrels at A Wichman A Son. Freahen np your home with a coat of palat. Paints, oils and varnishes for sale at Klein’s. Sugar mills and kettles at 11 8 3t A Wichman A Bon. Paint your wagons, carts and with wagon and carriage paint at KMa’a. Texas Red Rust Pfbof and Appier Data at J M Witaall Supply Co. If you don't hava year eyes oared for until yon are blind you will trouble. Moral: Onll on Campbell now and see pleasure. Nynl's Cod Liver OU tonic and tissue builder Jno M Klein. Home grown seed rye at B G Byrne's. White Pine Oougfa Svrup with > t%>- mentholated, 25 cents at Klein's. Rust Proof seed oats at B G Hyrne’a Doan's Kidney piUs at Klein's. If your pocket boos Is n greater con sideration than ynnr eyes, swell your bank socount Yon may need it whoa oid to pay n boy to lead you about Dr. CsmpbeU, Pink Malarial capsules for sale at Klein’s. New Pruoee at B G Byrne’s store. Baggage, freight or anything ban led or delivered, aovwhere, at any time, day or night. ’Phone 48b or I5j. J. W. McKenzie. 8 25 tf Compound STOMACH OUT OF KILTER? Don't fuw about it. Just do this for once. Buy a bottle of GAM BLE’S DIGESTIVE WINE. See how quickly a few teaspoonfulls will set you right. No more gas, soar stomach, belch ing, heavy feeling or palpitation. It awakes your appetite and makes all your food digest perfectly. GAMBLE’S DIGESTIVE WINE, 50c the bottle at your dealer, or SHUPTRINE 00., Savannah, Ga. Money back If nqtjpleaeed. Soft by John M. Km. EXTRAORDINARY ANNOUNGEI Have you teen our Brand New Stock of Pianos and Organs ? Or did you see our exhibit at the County Fair ? Were you favorably impressed ? If you were not, come to our store, where we have re cently installed a brand new stock of High Gr^de Pianos and Organs. I to' We are the sole agents for the state of South Carolina for the CELEBRATED CARPENTER ORGANS, which are recognized to be the best value for the mono manufactured. And we absolutely guarantee each and every on**, from the cheapest to the beat, to be free from defects of any future ard to give per fect satisfaction for a period of Twenty Years from the date of its manufacture. If you find it impossible to call at our store a postal card ufill carry one to your home, where you can try it, and if for any reason you are not perfectly satisfied you are under no obligation to buy. WE HAVE THE CARPENTER AUTO-ORGAN on exhibition *| at our store and will say that i< is the greatest invention of the age. The smallest child can -«;erateit and the price is by no means exhorbitant. We also consider ourselves fortunate in obtaining the agency for NEWMAN BROTHERS’ PIANOS. And we are ready and willing to meet competition. They will stand the most severe teats. MR. CHARLES 0. CONNELLY has charge of this depart ment ahd will show you through this stock cheerfully, and will call on you on receipt of postal or letter. Call and see us. We are Headquarters for Everything in Musk. Sheet Music, Music Books, Strings, Mandolins, Auto Harps, Zithers, Violins, Everything in Music. I HARDWARE CO. the busy business.’’ A CHRISTMAS PRESENT. ijVe are going to give away to our customers a costly Christmas Gift, a Disk Talking Machine outfit with 6 assorted Records—the price of which is $20.00. Tickets will be Given With Every Cash Purchase of 50 Cents, «• • > Beginning Monday, November 1. The Machine out- fit^fill be displayed in our Store Window for Examina tion to everybody. Come and get Your Tickts. S. MS JEWELRY STORE WUTfHMO AND EHRHARDT S. C. IS YOUR EYESIGHT BAR ? Did you ever think what a dismal world we would be in if we were blind? Profit by tiie experience of others, and don't wait until you are blind before having’your eyes) tfx- amiuei*. It is surprising how mitny of you have diseased .eyes and don’t know it. Op portunity is now at your door. See me now or you ntav regret, it some day . I do scientific work and gnarantee it. Come noto’; you wiU find me over The Frees aud Standard, ready to serve you. M. R. CAMPBELL, Eyesight Specialist. NOTICE. AH paraoa* having bills against the Oolleton County Fair Association* are notified to preeeoi the nme to the au- periutoodeet on or before Nov. 27th or payment will be deb«r-fd THEODOR* G KER3HAW. M. TV ■ SPECIAL FOR WEDDING GIFTS Just received, a barrel of Assorted Pieces of .the Finest American Cut Glass at very reasonable priem. S. FINN’S JEWELRY STORE.