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. / . I \CIRCULATION 1,801. | ? We On a ran tee 111ik < ii't'iiInilon f j l?? all \<1 vertl*er??. Our UouK* \ silway* lor iii*|?e<-tlon. C ? ONE DOLLAR A YEAR. j VOU XIX. TO HANG MARCH 30TH. j ' COM>\AM)r:R JOHNSON KCFl'SEI) A NEW TRIAL AND IS RI:SENTHNCED. lie Was Present in Court at the | tlcarinjr and Looked on Without cAiiinirinjr Kimotiou of Any kind. "Sot I3vcn When the JtidKC Read tlic Sentence and Told Hint the Consequences The Two Jurors Char/red With .Misconduct Came i Out With Plyinjc Color and Were ! Commended By the Solicitor On Wednesday alter the recess for dinner Commander Johnson was brought into Court and placed in the dock in order to hear the motion for a new trial in his behalf. The court house was packed to its utmost limit by people interested in the case. Mr. Wait, attorney for Johnson, i OIK?tied the ari'iiineiit. hi- i'<vwli?.r< I tain affidavits. One was made by Robt. Harnhill, vvh ? stated 111 bis affidavit that sometime before the killing of CI rainier be said one Jobu Harris, at tlie bo.ise of bis father in law in G rain iter's neighborhood, said be bad not done what be came to do bnttnat be would kill biin yet or words to tbat effect and tliat Harris had a ?jun with him and left it wrapped up in bis baptry. Tti"t while Harris did not, say it was Grainier be meant but deponent had jfood reason to believe he did mean G rainier. The secon 1 afi'mavit was made by VV. 10. Graham and charged tbat Mr. Watterm m I3ootb. foreman of the jury tb it, tried Johnson sometime beloro Johnson's trial, on the occasion of the funeral of the de lenmnt s grandmother, expressed himself against Johnson, Another affidavit made by II. L. Smith stated that Mr. M. A. Royals. another of the jurors who tried Johnson, had before the trial .-aid that he believed that Johnson was guilty and ought to hang There was another ailidavit but it was not of much importance in the matter. T he Sol eitor I hen read aflidavits of several people which charged t hat on the day of the killing of Rev. Grainger John Harris was in King sto.i Lake lUliing and was fifteen miles or more from the scene ? f the homicide. Defim hint's co insel c intinued his argument for a new trial on three grounds: 1. On the ground of after discovered evidence. 2. On the ground of misconduct on the part of the jurors before the trial. 3. On the ground of misconduct of the jury after ordering the trial. He argued to show that the court had jurisdiction to hear the motion The Solicitor, after reading the aflidavits above mentioned, replied lr> the argument stating that after an appeal take i n a case of this kind a motion for a new (rial could not be heard by the lower court unless with permission of the Supreme Houvt. He ssiid I lin t, while flw* mrv tion was not properly before the Court and for that reason could not properly be beard, yet be wanted the Court to bear the motion on its merits and be "vanto.1 defendant's attorney to understand ttint there, was no appeal from the decision of His Honor on the mo.ion. That defendant. could have obtained the leave of the highest court had he acted in time, but the motion was not made until after the case was remanded to the lower court. lie showed that the testimony cf II >bt Humid 11 was irrelevent and could not coine in though a new trial should be granted. There was a sin rt rcidv bv Mr. Wait in which ho said that on Monday of tho court Ed Harris, father of John Harris, threatened him with personal violence if lie, Wait, should bring out what he had heard he intended to bring out or if he mentioned his son's name in the court house. The Judge then said he would hear the whole mat ter but all the parties ho said must bebrought be fore him. and he was not willing to let the two jurymen be charged with per jury wit hout being heard in their own behalf in open court, and the Judge signed an order for the Sheriff to bring in Wattermavi Booth and Martin A. Royals, W. E Graham. H. fj. Smith and others , who had been reported as knowing something about the matter in time to continue the hearing tin tho following morning. The Judge stated j that ho would not enquire into any thing but the misconduct charged against the two jurymen. The hearing was resumed oc Thursday morning, the two jurymen accused being in court in obedience to the order signed the evening before by the Judge. M> Wataerman Booth was 11 rs* called tothostmd and he was sworn The affidavit, of W. E. Graham was read to him. He said in reply to ti c j CO aftidavit that he may have sai some sentiment in his community was against the defendant but he did not say it was entirely against him as stated in theaflidavi o. He had formed no opinion in the matter and said so when sworn on his voir dire. He was opened to oe governed by the la.v and the evidence and he would have been glad had it been so he could have cleared him. He had attended the funeral of the defendant's grandmother and in the course of prayer had invoked the blessings of heaven upon that grandson then in jail, and lie had often remembered Commander Johnson on his knees since. Martin A. lioyals was then called and sworn. He said he had not stated that .lohnson was guilty and ought to hang, but he said instead that "If .lohnson killed him heought to hang." His testimony showed that ho was unbiased at the time of the trial. He was cross examined by defendant's attorney but it strengthened the testimony in chief, Mr. Royals saying in answer to a question that ho would have pre ferred to have cleared Johnson but he wouldn't. fI. Ij. Smith was then called and said he had talked with Royals at his store and hoard him say that Johnson killed Grainger and ought to hang for it. but others said it also, lie had probably said so himself but he would have been governed by the evidence in the case Mr. Wait then wanted to call on Mr Gong as to talk by Mr. Royals but the Judge refused on the ground that it would be improper to go into any fuller investigation of the matter as he had already gone too far in < the matter perhaps and he was unwilling to let it proceed any furt her. Mr. Wait then made the closing argument in behalf of his client and the Solicitor briefly replied. The J udgo then refused the new t rial and told the Solicitor to arraign Commander Johnson again. Commander Johnson then stood up in the dock as commanded by the Solicitor, who, while he was stand i ing up, read the indictment to him. While the indictment was being read, t iu? condemned man showed no emotion, but his father who was sitting near was weeping with his faeo in his hands. Johnson looked the Solicitor steadily in the eye 1 without a tear. Tiro Solicitor then asked him if he had anything further to say why the sentence as pronounced should not be carried out at a now time to be lixOd by the Court. His : attorney aswered for him, "Nothing ' except he had before said. II looked on while the Judge rewrote on the oarers after the Solicitor had tinishe'd and taken his seat. The Judge then told him to stand up, and his sentence was read to the effect that lie would be hanged on March HOth next, between the hours of twelve and two. Ho showed 110 emotion whatever while his sentence was being read and the Judge told him of its awful effect, but he looked straight ahead most of the time at the Judge himself. After the sentence had been pronoiuuvd tiie constable took Johnson in charge and led him back to his coll where he now awaits execution on March 30 th Thus ended a hearing that created considerable interest and that was listened to b.v a large crowd of people. F INDS PAID PACK. The County Alliance Draws liack a Per Ccfitajrc of f-'n nds Paid Out. Auditor James A Lewis recently went to Columbia as a representative. of the Farmers' Alliance in this county in certain litigation that had arisen some time ago concerning thek disbursement of certain funds sub v scribed to the stock of the Alliance exchange. The business was satisfactorily arranged and Mr. Lewis now has in hand $220.12 of the $1137.00 paid in to the stock of the exchange by the Ailiance mcu.!>i-rs in Horry county. He holds thi*> amount as trustee of course and he is at a loss as to what to do with it. He said in conversation that he should deposit it in some good bank and hold it for the time being until some lawful disposition can be made of the matter. ??? - ? llroijjrtit Mini liack Henry Gran than, acting as special deputy of Horry county enno over to Marion Monday for Com - ! T~l ?I - 1 1 IIIUIUU-I JUUIJSOII, WHO was con VIOKMI of murder by the Conway court some months ago, and sent to the Marion jail for safe keeping. Johnson was taken back yesterday morning. It is understood that ho is to be resentenced at the court in session there this week, a new trial having been refused him.?Marion Star. Three little rules we all should keep, To make life happy and bright, Smile in the morning, sm?le at noon, Take Rocky Mountain Tea at night. Norton Drug Co. ? ? A. IT. Long and L. D. Long. Jr., spent several days in the city last week. 4 4 i ' W .v NWAY. S. C.. TIILTI EXAMINATION IN FULL. W- M BOOTH AND ,M. A. ROYALS l/WPllACIII:I> ANI) TO TIIT: STAND. But I'liey Came Out Under I-lyi * i m: Colors Giving Ready Answers and I'liiiy Sliowlujr That Tliey Were Good Jurors Mr. Waterman M. Hooth, who was foreman of (ho jury which tried Commander Johnson was called to the stand and the affidavit of W. 10. Graham was read to him, and the ii. owm uur proceeded to examine him. Mr. Ilooth testified that he was at the funeral mentioned; that he was called upon to deliver a prayer on that occasion and that he did so, and that in that prayer he invoked the Divine blessing upon the grandson of the deceased who >vu3 then confined behind iron bars; that returning from the funeral he rode in a buggy behind Mr. Waterman Grainger and Mr. W. 10. Graham who were in a buggy together, that feeling that he may have been guilty of an impropriety in having mentioned in his prayer Commander Johnson for the reason that it might have wounded the feelings of his kindred assembled around the grave to have his case mentioned, he asked Mr. Waterman Grainger if he thought he had done wrong in invoking God's blessings upon the defendant, and referring to him as being in jail, that Mr. Grainger said he thought not; that he said to Mr. Grainger, "The family have had so much trouble that after I mentioned it in my prayer I was fearful it might harrow their feelings and increase their trouble even to mention it on an occasion like that-at the funeral of his grandmother and a large and prominent family in that section, an 1 1 did not wish to add anything to their troubles. " Witness said that he had read the aflidav.t of W. 10. Graham and admi ? ?wl ?!...? I--. iniLv\ i4 i luti m* may I1U VO. Sllltl lo j Mr 0rainier that the sentiment in his coinrr.nnity was generally against Commander Johnson, hut he denied emphatically saying it was entirely against him Witness said he believed the sentiment of his neighborhood was generally against him, but he knew it was not entirely against him. Witness said that he conscientiously felt when he took his seat on the jury that he was undertaking a painful duty with an unbiased mind, a mind open to con viction and only one purpose, to render a just verdict between the State and the accused. Upon cross examination the wit ness was asked by Mr. Wait if in a conversation with Mr. It. M. Prince the witness did not say something about lynching Commander Jjhn son. Witness replied that he had had a conversation with Mr. Prince about the killing of Mr. Graingerhow dastardly the crime was, and that he had said, "that it looked 11k(i me was getting too cheap in South Carolina and that it looked like flic way it was going pco|)le would take the law in their own hands, or go to lynching if such continued, but nothing was said directly as to Commander Johnson.' Martin Ko.yals, the other juror whose oath was sought to be impeached, was called to tin; stand and under examination bv Solicitor said he may have talked with II. L. Smith that he talked with a great m iny about the case, that everybody was talking about it, that he could hear nothing else hardly, that he heard it until he was tired of hearing about it, witness had said directly after the killing that if Commander John son did it ho ought to bo banged for it, he did not go any further than that. Howcjuld he? He couldn't know until he was tried. He bad only heard one side and h< made it a rule to hear both sides before he came, to any conclusion. Ho denied saying Commander was guilty and ought to be hung. Witness did not then know Johnson and of course l i ? ... nau u?> mas or prejudice against him, and ho went on that jury with his mind made up to bo governed by what ho heard on the witness stand, and the law given by the Judge. ? 9 ? MaafiMratc'N Court The court of Magistrate J. N. Jenretto was occupied one day recently wit h the trial of the case of Win. M Hirrelson against I). P. Green. The case was tried by a jury composed of S T. Sessions, J. I). Oliver. K. Tisdalo, F (?. Hughes, W. f-1 Chestnut and W. R. Lewis, who returned a verdict ir. favor of the Plaintiff Harrclson The controversy grew out of a mule swap between tho parties, llarrelson contending that the mule he got front Green turned out to be entirely worthless, while the one lie let Green have in exchange was worth ninety dollars. Tbe plaintiff was glad when tho jury returned a verdict giving him back his property. \ y *SI>AY M A lvCI I 1ST. PURELY PERSONAL. J. P. Harper of Toddvilie spent a clay in the city. P. Marion Johnson paid Colombia a visit recently, ? S. M. Chestnut was among those j who called last week. i J. \V. A1 ford of Virgo, was in the eitv recently on business. J. H. Stanley of Hammond, was in town on business last week. ?Cierk of Court W. L. Mishoe paid Columbia a visit last week. V. M. Stroud of Ployds township, was among those in the eity recent I v. ?U. M. McLucas was in Conway on business the latter part of last week. ? David Howell was a pleasant cauer at 1110 office one day last week. ? Magistrate I?. I>. Cox of Nixonvide, was on our streets oue (lay recently ?* A negro child fell into a canal near Hammond recently and was drowned. ?.1. I). Hairier of (Jreenwootl section, was in town one day recent ly on business. U.S. Allen and daughter, Miss Ella spent a day in town during court week. -Dexter'Russ and N. E. Hardwick wore both in Conway last Monday on business. ?Thomas P. 1 lamer of Philadelphia, spent several days in town recently on business. ?Capt Z. W. Dusenbury return ed to his duties recently after an illness of several days. ? Herd I). Bryant of the Marion bar attended the sessions of the court here last week. ? A new advertisement, for the Hal Ii. Buck Company, in regard to dress making appeared in our last j issue. YY. C. Cooke has accepted a position with the Kanawha Lumber Company recently incorporated by Judge Lewis of Virginia. M* ?? -miss mime iseaty, who is teachj ing the school at Toddville, s|)ent last Sunday in Conway with her sister, Mrs. J. S. Buck. ?Mr. 1) N. Floyd of I'eg Horn, Fla.. sent the Herald an open cotton bloom under date of February 22nd. This is rather early for this part of the country. ?John II. Si/.or, the principal owner in the John II. Si/.er Lumber Company, now doing business in this county, spent some days in the city last week on business. ? Mrs. T Westbury, who has been spending a few weeks at McClellansville with relatives came up on the steamer recently and was accompanied by her sister .11 law, Mrs. Fannie J. Graham. ?Mrs. C. K. Heselden .and little daughter Albertinc, left for their home in Marion county on Friday of last week, after spending several weeks here and in the county visiting relatives and friends. ? Good mule for sale. J. 3. Spive.v. -Get your printing dime at the Herald ollice. ? Hay, grain and feeds of all kinds at Spivey s. ? Where would you have the new coma House .'' ?Hliss seed potatoes .'ir> cts pk, | bay spot cash. I J. L. I Pick Co. J ? The fanners arc frequently | engaged now in hauling out fertilizers . ? The fine weather of last Monday I changed into wind and rain on Tuesday. ?Call to see us. Special offers for the week at Spivey s. That, Columbia ^lass concern drew the dispensary profits five | thousand dollars at a time. -The addition to the Atlantic Coast Lino dooot is in process of erection by a force of carpenters, ?Tlic nsuul amount of'all sorts of stufT was not reported to tiu> j^rand jury ihis time juduino by tlic short I linal presentrront they made. ? Head the advertisement of Miss. Del ma Graham, and yive her a call at Tabor, N. 0., for up-to date millinery. ? After the sentence of death was pronounced upon Commander i Johnson last week he was taken back ! to the Marion County ja11 until lie shall be brought back for execution. ? There was an election at Tod Jville last week on the question of ifcvyinjj a special tax of three mills for school purposes in that school district. T he olection carried in favor of the tax. A handsome new school house 1ms just been completed. I <)<)(> The court house was vet y poorl.\ heated ami poorly \ on! "dilated dur* ii'o ihe session of the court, and as a conse juenee some of the people who spent much time in the court room, caught colds. The court u.ijourncd about tin* middle ol the day last Friday without, having tried a singb* civil ease. Moth sides had prepared for the 1 rial of the ease ol Cattle v>. Cape Fear Lu.i'oer Company, but even tins case could not be reached. ?The slierilY was called on one evening last week to arrest a ncgto who was very disorderly and talking and wrangling in a loud voice near Main street. Tho negro submitted and was lodged in jail. ?The Iturroughs Craded school recently moved into the new building just finished by contractor Leslie. Conway now has a school building i hat would do credit, to a much larger town, but Conway is coming out of the rut anyway She is great already and intend* to be groat or. ?A warrant was issued last Friday and signed by II. lb Little for the arrest of A. N. Cox, the well known artesian well man, charging him with violating the dispensarv law, and he was taken in charge by Marshal J. K. McMillan. Cox ga\e bond in the sum of one hundred dollars for his appearance for trial here on March 12th. Melius retained counsel in his behalf. I ' 6 Six Sb FOR GRIPPE, FEV CONWAY ?Dress ^ DEl^AR We Z : added to Z iS^ in charge of an experienced Pro SB business. Come early if you wi have some orders. ft MGINGHAMS. 8.1 ust in an advanced lino hams. Come early and get > Ihall b | l"comtvte f s pr1ni ia/K arc now located it j? Wmai.y l '|j To-Diito lYmo of Station your printing on I SHORT r Wr do work that pleases, turned out. We solicit .youi to j/ivc von satisfaction. jjP order ami see what we can < | ITegTal" I 1 A SPEC _ jZi ^ * THE BEST I j ADVERTISING MEDIuM ,; j ?N THE 6TH DISTRICT. ./ 4 XII mirccftftlu | RII*Iii?%N .Welt I .\?l vcrtlwo In tlx* IIF.IMIJ) 1 TRY IT FOR BEST RESULTS. N( > 4(? I Dr. \V. 10. McOord, who re pre -rented lh'? local lodge Iv.of L's., at y I,, * StaR? lodge recently held in Co 1,,,,, 'xfa, lias returner and reports having ')nd a 'mo l',nc. Mi*. .Logan, who recently resided here, has' asked permission of the authorities to remove the body of? his child that died and which was buried here in the new cemetery. ?Julius llanna who now holds a position with the (larduer it 1 jAc.v I number company near il ind, S. C . passed through town recently on his way to bis former home near Forney. \\ ill the new court house be erected on the old site or will a new one be procured? is the juestion you often hear propounded now. Contractor Leslie has commenced the erection of lOiir cottages for Mr. \V. K Lewis on his property on the new cut road. We have been requested to say that the managers of the recent dispensary election can call on J. N. Jenrotte, K&q.,and got the money for such service. There was a hearing Wednesday before Magistrate Jos. W. Johnson in Dog UlulT of the case of Skii per vs. Connor, the plaintiff suing for the value of an ox which ho. alleged was killed by tin* defendant. I loth sides were reoresented by attorneys. ? Bliss potatoes at Spivey's. * ^ 9 9 > 6 cty Six CHILLS AND ER. DRUG CO j _ oeoooooa riakingS rriVIli2TVrJL\ X rrzrrs >8 mitker, Wo are now ready for mt prompt attention. Already Bl p GINGHAMSg ot Klegant Spring Griug our house dress for Spring. UCK Co)| ???ssooo^ i/WWVWWW^ mm? : ft C I A L * ' "IMG. HWVi W ) our now (juarlors on >ito I'osI ( Mlioo with an \ ory, and propnrod to do ^ MOT ICE. J 2> unci guarantee every .}<>b patronage and will try ^2/ Try us wit-li vciur next ilo. HORRY ilKRALD. 1L v Y/VORK*1 I Vs? IALTY.. { S \ f J / 1 V V VW'fVwV'V I