The Horry herald. (Conway, S.C.) 1886-1923, April 23, 1908, Image 4
I.
THEY wk HANG. |
> j V .4 .
Two Brutal Murderers Promptly
Convicted Ov?r IhUYIngton.
* V .
TELL OF THBRICRME
A v
?it* 'A \
Whic? Was Ib'Mtit) in. Kxlirmp? 1
The Hlayers^of Aged Mfr*. BUlsor
d.'iven Quick Trial .'and Will Be |
Speedily ExeL Uted M Ve*r Large
Crown Wliumed (Ko Trial, but'
Everytliing I*?sstd On Qntetly.
Ned and Brack Tolaftll. *ttte two
negro boys who killed Mrs. Frances
Ellisor ut Cay ee, across^ the river
from Columbia, on We(jta<?&day, February
26, wore convicted at xA'Xinnrton.
on Tuesday of ihurdet* iu (bo 1
liiKt rlerriKf unri Tnito'o ln?A,i Tkr ii
r,. - v ...... .? ItUICO . I IV |
Voro sentenced them to hand, on Fri-j1
day. May 1. The trial consumed only
about eight hours.. ? ' *. 1
('apt. .1 (is. IP Allen and the Richland
Volunteers escorted'prison- !
ers to Lexington Tuesday morning'
from the South Carolina penitentiary j'
andthroughout the trial remained on j1
duty, with fixed bayonets, around the >
prison dork. The court room was i
crowded to its capacity and there were!1
not less than 800 poople in town to
witness the trial. There was not the
slightest sign of drunkenness and
perfect order prevailed throughout the
day.
Judge DeVore of Edgefield, the
newly elected judge of the Eleventh
circuit was commissioned by Governor
Ansel to hold tlie special term of
court ordered to try ihe Toland brothers.
He proved an excellent presiding
judge, and there was not a hitch
in the proceedings of the court from J
the opening to the hour when theorier
announced it adjourned sine die.
The trip was made to Lexington
without mishap. A crowd of perhaps
100 men were at the station at Lexington
when the train arrived, but the
engineer, exercising due caution, ran
past the staton ulxnit 300 yards,
where t.ho soldiers detrained and,
with the pri oners in the centre of
company platoons, the march to Lexington
court house, one mile and a
half distant, was begun. The prisoners
were extremely nervous a'd
seemed to be momentarily in fear of
receiving bodily harm and three times
between the station and the court
house it was necessary for the militia
to halt for live minute periods to
allow the nogroes to rest, Ned Toland
giving out completely.
As they neared the court building
several men on the corner of the
street opposite the entrance of the
court house yelled three or four
times, and some person loudly called,
"Where are you niggers?"?hut nothing
was started. The crowd iu front
of the huldtng* cleared the way for
the miliatia and prisoners and soon
I Hfiv vvoi'M in I Kn
? v.vV n X I V |?? IV.JJ in VII*: U I I WV/ ! U
and the negroes seated in the dock
Here a line of militia was placed on
each side of the aisle, on the outer
hide of the bar railing, a line on
each side of the aisle Inside the railing
and four at either corner of the
prison dock.
Two yound lawyers were appointed
by the Judge to defend the murderers
and the defendants were then formally
placed on trial and a plea of not
guilty was entered as to each. Under
the law a defendant can not plead
guilty in a case the possible outcome
of which is capital punishment.
Pound tin* Body.
Mr. Paul Mllisor, husband of the
deceased, was the ilrst witness. ' He
testified that when he left his home
at Cayce on the morning of Feb. 26,
to go to New Hrookland, he left his
wife there, in good health. He.'left
his home about 7 o'clock and re\
turned about 11. The house was
locked. When be entered b<? found
his wife's dead obdy in a clotpps basket
in the rear room, with! clothes
and quilts thrown over )\&r. Hei
clothes were bloody and thefp wort
i wounds on her head and face. H*
stated that he missed a gun/^dAded
shells, a razor, a coat, bis ^ife'i
<6Ioak and other articles from the
room. He identliled the cQfc'te whlcl
at that very, moment Brack Tolaiu
was wearing, as the coat tUftt wai
i taken from bs house the mtyrning o
| me murder. /./<?
His gun had been returned >o hin
by Mr. M. P. Fox. gnu wai
identified by witness attjjT ji
*****%&< 6V<lence- ,s a barr*le<
jfc breech loader.
# The axe with which the crime wa
committed was identified and put ii
Jp evidence. He said that the h*e yva
standing at the (ootjYtpt th<
bed and there was blood on the table
It had been used to breaVfcopen th<
41 trunk. He identified the rafcor, thre<
hankerchlefs and three vyjjAch-chtfin
which were found on Brick Tolant
fyt'WS0 ^y Sheriff Ruford. ^
J Two chains, hankerchiefs, at c.
\ J Xoubd o#Ned Toland by Sheriff Hu
ford were Identified by *Mr Xol 1 Ic-o
Witness testified that hja'was thi
first to reach his wife and when h<
discovered hor body in the'baF):et lib
was extinct. There Wat* a bad gasl
in the top of the head httd anothe
ugly wounu on the side Of hfer face
There was blood on her drains, b?pec
* fad I jr around the throat./ There wai
hu sign of a . struggle. 'Ai fcohn ui
he could recover from the, Wock h<
informed his neighbors fit the dtime
? 1.7V
\ ' ** .. * f yJr
kL. ' '' ' ^ W'
n
Sheriff Ilufonl Made Avrcht.
M. M. Buford, sheriff of Newberry!
county, testified that he made the ar-j
rest of Ned and Brack Toland on the i
night of Feb. 21? between Hilton and
Little Mountain on the Columbia, i
Newberry and Laurens railroad. The;
arrest was made on the train. He'
was in Columbia on the day hat
Mrs. Kliisor was murdered. Intended
taking 7.25 train for Newberry, but
.was called off by Mr. L. it. Abe*nuthy,
who told him that Mr Adam;
D. Shuli wanted to talk with him \
about this murder.
There were a series of objections
to this line of testimony as being herosay
and witness was instructed that
he couldn't tell what others had said
to him.
He told of receiving Information
frotn Conductor John O. McCain of'
the presence in the forward part of'
the train that tvo negroes whom theconductor
had suspected us having I
been connected with tin* murder. He;
arrested them and took them to th?i
Newberry jail. They denied any j
knowledge of the crime. latter he
telephoned for Mr. M F. Fox to come
to Newberry and identify the prisoners.
Mr. Fox and Mr. Abernathy j
same/lip early Thursday morning and
after tho former identified them they :
were taken to Columbia and placed in
the penitentiary for safe keeping.
Sheriff IJufonl started to tell of ;i
statement made by Brack Toland
while in the Newberry jail, but thi<
was objected to by counsel for the!
defendants on tho gruotid that propei
grounds for introducing a confession!
had not been laid and on further
ground that t he statement was made j
after the negroes had boon told that
they were in danger. Tho solicitor
did not insist on the statement and
tills feature was dropped.
Sheriff Buford identified the arti-j
eles found on the defendants.
Confessed to ('apt. (iridith.
Capt. I>. .J. (iriflith, superintendent j
i the State penitentiary, testified that
the defendants were placed in the i
penitentiary on February U7. lie had
a conversation with both of them in'
his office a few days Inter. They made
voluntary statements about the 1011 is- j
or murder. Brack was the first to
make a statement about the affair.
He said he had never been away from j
home before; was induced by bis;
brother to accompany him on this,
trip, telling him that lie ( Xed ) knew
where they could got some money, lie!
said they staid around Cayce's depot !
for a day or two and the morning of;
the date on which they were arrested
he and Ned wont to the house where
Mrs. Fllisor lived. They went into
the house and asked for some bread.
She gave them some biscuits and they
offered to pay for it but she refused
to take any pay. They then started
into the house to warm. Mrs. Ellisor,
ho said, at first made no objection to
their warming, hut that she told thorn
that she believed they were "up to
some meanness."
Brack said that they grabbed her
and while his brother got the axe lie
held her tight. N'ed hit her in the
head two or three times and they
put her body in a basket, got some
things out of the house and they ran.
going through the woods a piece.
They sold the gun to a man at
New Brookland and then went to
Columbia, taking the train from there
and going to Irmo; that, they walked
up the railroad from Irmo to Hilton,
boarding the C., N. and l<. train there
and being arrested a few minutes later
by Sheriff Buford.
Capt. (irifilth said he warned Brack
before lie made any statement that it
would be used against lit 111.
After Brack was sent back to his
cell, Ned was brought to the office
and made substantially Hie same
statement as that made by Brack, he
i too, being warned that lie could not
lie made to make any confession and
that whatever he said would be used
! against him.
i Capt. C. C. Roberts of the peniteni
ttary guard corrobated Capt. Griffith's
, testimony. The statements made by
i Ned and Brack Toland were made In
his hearing as well as in the hearing
of Corporal J. P. Hailing.
I Nod 'Poland <?n Stand.
i Nod Toland was sworn for the do
fetise. He said he was from I'rosi
perity. Heft home on Monday (Feb.
24); told his brother that he was got
ing to Columbia. His brother and he
i "beat" the local freight to Columbia
I When they reached Columbia thej
5 went to a restaurant. lie bough)
i some cocaine from a negro named
i Luther. After getting dinner he and
I his brother went to Cayce. He carried
* coal for the operutor at Cayce and th(
f latter allowed the two to sleep ii
the waiting room. They swept ou
l the waiting room the next mornint
s and then they left and went up tin
& dirt road and stopped at a lady'i
i house and got something to oat; sav
Mr. Ellisor working in the field nea
b his home. After Retting something
to eat at the lady's house they wen
8 Into the woods and built up a fire
0 staying there until late In the after
noon, when they returned to Capc<
0 and again used the waiting room t<
0 sleep in.
0 Leaving the station Wednesda:
1 morning, he took some more cocaine
He had but one nickel left. He an<
. his brother started out, his brothe
" saying that he was hungry The;
r went up to Mrs. Ellisor's and she gav<
0 them some bread. They then aske<
0 to be allowed to warm but alio toh
0 them not to come in. '1 ney went oi
1 in awyway and he grabbed her an<
r told her ho would kill her. Hii
brother grabbed him and told bin
" not to kill her. He pushed hor to
3 ward the back room and picked uj
3 the axe and struck her in the head
3 Brack turned her loose just befon
he struck her and walked out of tin
house.
No<1 said ho put Mrs. Ellisor's body
in the basket and covered it up und
then took a gun, a lot of shells, coat,
etc., and locked the door of the house
and left. He told Brack to get tiehind
hini and step in his (Ned's)
tracks, which Brack did. They crossid
the road and went through the
woods toward Brook land, passing
three men who were hunting. They
got something to eat In Brookland
after he had sold the gun to Mr. Pox.
Brack was worried about killing the
"old woman" and told told him he
"oughtn't to have done it."
They crossed the bridge into Columbia
and stopped at the C. N. & L.
depot. They caught the midday train
out but got off up the road, a few
miles. They walked from Irmo to
Hilton, where they caught train No.
'J 1 for Newberry, lie told of their
arrest on the train and said that he
lied to sheriff Buford about their
names and where they were from,
etc.
Cocaine Fiend.
With tears in hi- eyes Ned said,
"I'm de one dat's guilty of killing
dnt 'owman Mr brother is innocent j
and 1 (ti<l it been use 1 <1 been taking
i oeaine. I done it till and I just ask ,
for mercy and dat you don't hang [
me."
Ho said Brack bogged him not to
kii) the woman, and if he had listened
to him he would not be where lie
is now.
Solicitor Timnierman asked Ned to
explain the effects of cocaine and this
is \\ hat he gave:
"When you snuff cocaine and put
it on your tongue it deadens the tongue?gives
you more nerve than you
want looks like it make you do tinything.
Its a king of good feeling but ,
you'll do anything.
He said he had been "snuffing"
cocaine for three or four years.
Ned declared that the story told by J
Brack tit Newberry was "made up."
He said lie told Brack to tell what he
did, "so's to keep the blame off'en '
inc." He said his brother had always
been a good boy. whereas lie (Ned)
had been in trouble often. He said !
K ~ 1 #-v 1.1 !)?..% ?ko< 1?a .CM..I.I ?KU1/4 '
i?t* 11 j 11 j m lu a i 11<it. m v> ?t \ 1111 puiuiu
him (Ned) on account of his bad
"recommendation." This makes the
fourth time lie has been in jail; served
on tlie chaingang for breaking in
a store; lie and "Young Bridges" robbed
the Sligli postolficc and were sent
j to Atlanta, and he was sent to the
chain gang once on account of some
trouble he had with his wife.
He said Mrs. Ellisor bogged them
not to kill her, but he was scared and
did it anyhow.
Brack 'Poland's Story.
Brack 'Poland testified that he had
been away from home but one time
before the day when Mrs. Ellisor was
killed, lie deniel having anything to
I do with the killing of Mrs. Ellisor.
Il<1 said he told Sheriff Buford the
story at Newberry In the hope of
helping to shield his brother, that lie
told what he did because his brother
I told him to tell it.
He admitted telling Capt. Griffith
} hat. he held Mrs. Ellisor whiie his
rholher hit her in the head with the
axe. He said this was not Hie truth,
that lie was not holding her when
Ned struck her. He hogged Ned not
to kill her?told him that if he want
j ?>d anything in the house to got it. He
was holding her with one hand and
pushing his brother away with the
other. Ned had hdld of her with Ids
left hand and the axe was in his
right hand. He turned her and his
brother loose and ran out of the door
when the first blow was struck. He
went outside the house and was coming
back up the step1! when his brother
came out. Ned locked the door
and threw the key in the yard. They
then loft the house and went toward
New Brook land. Subsequent events
were detailed and his story as to these
was the same as told by Ned.
He didn't seem to realize the gravity
of his situation and evidently was
laboring under the impression that
the jury would be more lenient in
dealing with him than it would in
dealing with Ned. It appeared that
he was after clearing himself regardless
of what the consequences were
as to Ned. There was nothing in
his manner to give the impression
that the story told on the witness
stand was more truthful than that
which he had told Capt. Griflth and
L Capt. Roberts, and few of the specta
I tosr believed tha t it was anothei
I "hatched up" story, concocked for the
1 sole purpose of clearing his owr
J skirts of the dastardly crime.
1 IMo.w1..yl
?\ C?*A? *1 IUI 4'l* I \ (f i
t After the jury brought In the ver
? diet of guilty the prisoners were tolt
3 to stand and receive the sentence o
? the Court. Almost every man in th<
v building rose to get a look at the no
r groes, but at the request of Sherif
S Corley they quickly resumed thoi
t seats.
!. Asked if they had anything to sa;
- why sentence of death should not b<
pronounced, Ned. said: "I ask th<
> court to have mercy upon me an<
please don't hang me. I am guilty
V hut my brother is innocent."
When the question was put t<
I brack he said; "I ask for the mere;
' of the court, hut I am innocent; m;
f brother done it."
n Judge DeVore then read the sen
I tence of the court: "That the defend
1 ants, Ned and brack Toland, he tak
i en from whence they last came (pen!
1 tontiary) and there he kept in safi
8 confinement until Friday May 1
i 1908, when they are to be taken t<
- the regular place of execution fo
) Lexington county, there to be hang
. ed bv their necks until they nr.e dead
3 between the hours of 10 a. m. and !
9 p. m."
%
WITH BRYAN
And a Strong Running Mate Will
Certainly Win Says
SENATOR TILLMAN.
H<* Think* (he Democrats Have n
Magtiiflcicni Chance to Win in November?In
the Xoii Invest He
Found Thousands of Republicans
Who Will \'ote for Bryan Because
He Is With Roosevelt on Reform.
A special dispatch from Atlanta to
the Charleston Post says Senatoi
Tillman is much improved at the sac.
itarium, but is still weak. In an in
CLASSIFIED COLUMN.
WAXTKII.
W anted?Second-hand Rags and Burlap.
Any (inutility, anywhere. We
pay freight. Richmond Bag Co..
Richmond, Vu.
I want to find a case of indigestion
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Wood. IJ72 lOighth St., Brooklyn,
X. V.
Wanted?You to send us yout plates
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We guarantee satisfaction.
Send a postal for our price list. Ft.
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W AXT1.1??l I0ACM KRS.
Teachers Wanted?tirade Teachers,
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Carolinas and entire South. No
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I,.\NI> FOR SAliFi.
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hearing fruit trees, Flock, Cuttle.
feed and everything goes with
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For particulars address Geo. W.
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MISCKLL.ANKOFS.
Get Some Yankee Money?I can put
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2113?r>f>th St., Brooklyn, N. Y.
FOR SAlii:?MISCKLLANKOITS.
Shingles! Shingles! Shingles?Weari
wholesale dealers; car lot orders
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Cato. Monetta. S. C.
For Sale?Charleston Wakefield Cab
huge plants, 50c to $1.00 per 1,000
Leghorn Fggs, 50 cents per dozen
Pnlilviiiri>.< $ 1 50 iipi' crate. T .1
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Improved Essex hoars, sows, pig:
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For Sale?One twelve horse powei
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Apply to L. K. itiley, Orangeburg
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Foil s \ i i f?eggs a \ i) i hVi i r 11 v.
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i n i iii
Highest wages,
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f COTTON MILL
Stop dtSl.v at t>
p HKLP q ? .
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t WANTHD. "a( noon
r
Apply
y o Fultoa Rag and
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Why buy an Organ from the Peddler?
y When you can buy a superior orga
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I MALONU'S MPSIO HOUSE,
Pianos aud Organs. Columbia, S. C
/
\
\
tervlew ho says:
The Democrats have a niagnlficient
chance to win. There is a spirit of unrest
and discontent in the Republican
party. With Bryan aud a strong
mate we tan w in.
'Everything now points to Taft as
the Republican nominee. He is supposed
to typify Kooseveltism, but I
believe he would be a different man
as President. I do not believe Roosevelt
or any other niun could control
him.
"In the Northwest I found thousands
of Republicans who will vote for
Bryan became they know he stands
for the things Roosevelt stands for.
Of course, the old conservative Democrats
would probably go to the Republican
nominee."
Senator Tillman expects to sail for
Europe in a few weeks. He may decide
to take a cattle steamer for the
| long slow trip and ocean air. He is
able to take short walks.
Two Shot to Death.
A dispatch from Krasnoyarsk, Si!
beria says a lieutenant of the army
named Masloff and a sergeant v.ere
shot to death there Friday after having
been found guilty by a courtmartial
on the charge that they had led
the attack which took place last June
on the guard house and detention
prison prison at Krasnoyarsk. This
attack was continued for several days
I by revolutionists on the one side and
the prison guard on the other.
W?Wll I? ????I ?
A SALARY OF $10 TO $53
*
Orangeburg Business Colli
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11? HOG]
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Wesson process, e
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Wc have special low Ex
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1 would advise sending i
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Other plants will be r?
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\ v . - ^
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WHEN * /
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Y a Shingle Mill.
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rc grown out in the open air near salt water and
thout injury.
>lants. In lots of l,9C# to(9,Nf at $1.M per thou*
$ per thousand, 10,090 and over at $1.00 per thousand,
press rates on vegetable plants from this point. Ail
O. D. unless you prefer sending money with order*,
money with order*. You will save the charges for
?ady In February. Your orders Will have my prompt
Vhen in need of Vegetable plants give me s trial orderi
Address all orders to
ranteed Machinery. 1
AM ENGINES, TOUT- JSSSSSL. t
LERS, SAWMILLS,
LATH, STAVE AND lj| jfc
PRESSES, BRICK r
And complete in the 1^? i
ii ucirig our special- tlW[ B
r Males man.
, t : Box 88, CoUutbl*, 8, a
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