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FOUND HIM GUILTY CHESTNUT IS SENT UP FOR A FIFTEEN YEAR TERM. * The' Jury After All Night Deliberation Brings in a Verdict of Guilty of Manslaughter. Orangeburg Times and Democrat, September 12: Phnuf nnt who ft hot. and 1WWV* V V/*?VW?> m vf f> ?.w ? ? ^ killed W/ill H. Sabin on the 25th of ** last April, was sentenced on Saturday by Judge DeVore to fifteen years in the penitentiary or the same length of time on the public works of Orangeburg County, the jury which tried his case having brought in a verdict of guilty of manslaughter, after deliberating over the case one whole night. The case was T" given the jury about four o'clock on Friday afternoon and the verdict was returned a few minutes after seven o'clock Saturday morning. Chestnut shows plainly the effects of his Imprisonment and the terrible ordeal throuigh which he had passed. When asked if he had anything to say, his counsel, who had striven to satisfy the jury of hla innocence, pleaded earnestly and eloquently for leniencv from the court in passing sentence. With voices at times ef& fected by the emotion, which was evident, 'Messrs. Adam H. Moss, William C. Wolfe and Thomas M. Raysor drew attention to the many of the j phases of the case favorable to cu? defendant and laid much stress upon his good character as testified to by a number of witnesses, begging that the Court would take these*into consideration in fixing the punishment and make the sentence as light aa possible. The counsel for defence also took occasion to thank Judge DeVore for his uniform impartiality throughout the trial and the learned manner in which he expounded the law from the Bench, stating that he had been just to the State and fair to the defendant. They asked for a sentence that would vindicate the law, calling atention to the fact that anything ub-o a inner form mieht mean a life I sentence to the convicted man, who is now 38 years of age. After givg dng careful attention to the remarks * of counsel for the prisoner, Judge | DeVore stated, addressing the defendant, that since the verdict was rendered he had been greatly concerned over the amount of punishment that i should be meted out in this case. The' Judge went on to say to the prisoner that an intelligent jury, after considering the law and the evidence for about ten hours had failed ^ to recommend him to the mercy of the Court, as they were told in the charge they might do. The Court further declared that in its opinion the verdict was a just one; in fact Judge DeVore stated that he felt satisfied that a verdict of murder, under the testimony would have stood the test of the Courts. Without attempting * 1 -1 1 i- - mm o 1/a h i a 1 to lecture me pi i?uuei ui uninc mo 0 burden any heavier, Judge DeVore reviewed some of the testimony, particularly that ofthe defendant, which the Court declared, in its opoinion, 1 was sufficient to convict of either murder or manslaughter, with the elimination of the evidence given by | every other witness in the case. Continuing Judge DeVore said vv.the testimony of the defendant show- 1 ^ ed that he deliberately got his gun, went to his victim's place of business 1 and without sufficient provocation, so far as the testimony shows, took the life of Wpiliam R. Sabln. Judge DeVore* reiterated his opinion that, ( ^ taking out all the testimony in the 1 case except that of the defendant, 1 the jury was bound to convict of eith- 1 er manslaughter or murder. In finally passimg the sentence of fifteen 1 years Judge DeVore did not leave I the prisoner hopeless, for he stated, ! that, after a portion of the sentence ' * i -11 .1 i has been served, now mucn ne um not say, however, he would, if still 1 alive and circumstances prompted him\ join in a petition for a pardon. Both the verdict and the sentence toeets with general approval. Mr. ?>. II. Wannamaker, Jr., who reported the trial for his paper, The News and Courier says, "that the length of the sentence surprised the prisoner, his counsel and many spectators was A evident, although none was heard to say that he Court had not in this case tempered justice with mercy. The verdict seems to have given general satisfaction, the popular opinion being that the prisoner had fared exceedingly well. This would seem to he the case when it is considered that on the first ballot at least seven of the jurors voted for a verdict of murder with recommendation to mercy, finaly compromising on one of straight manslaughter." Chestnut's sole defence was that - * -? ?a i _ c the man he slew nan lnvaaea ms <= B homo, wronged his wife and destroy- I ed his peace, and happiness for $11 1 time. Commenting on this Mr. Wan- 1 B numaker says: "These things are 1 % charged by the defendant against his 1" victim, who now sleeping in his TenE lessee grave, his lips forever silent, c can make no answer in his own de- ( fence except the last message to the r I world, given through his brother as f H he fe'tthe death damp gathering on ? M his brow, that he was innocent; that 1 H he knew nothing of the woman he t mm was accused of wronging and that he ( H was ignorant of the whole affair, t FE What of the woman who many blame c IB for the sorrow that has come to two S households? What would she have said had she been placed upon the witness stand? Such can only be guessed at and it is improbable that what is in her heart and mind concerning this deplorable affair will ever be known to others." Orangeburg Times and Democrat, September 9: The fate of R. Chestnut, who has now been on trial three days for the murder of W. R. Sabin, is now with the jury. Beginning last Wednesday morning the trial has moved swiftly to its culmination, and before another day passes the result will be known. Throughout the entire ordeal Chestnut has sat passive," not show mg at any times the emotions which must have been passing through him. banning himself with a large palmetto fan, the prisoner took the stand Thursday and told his story, not fast or slow, but moderately in even voice and his voice never failed him through the examination. ' On the second day during the hot midday hours he appeared somewhat fatigued and drooping, but outside of that no appearance of unrest was noticeable. Throughout the trial it was apprehended that Mrs. Chestnut would be placed on the stand, but neither side called her. At different times it appeared that both sidas wanted her on the stand, but neither wished to risk it. The prosecution when objecting !o allowing Chestnut to state what his wife told declared that she was in call and the defence could get her if It wanted. Toward:* the closing hour of the testimony Thu'sJay afternoon the defence, in reply to something being said about an affidavit of Mrs. Chestnut, dared the prosecution to call her. Standing near the prisoner was his sixteen year old son, Artie on the three days of the trial. The first day two of his younger children were with him for a brief time, and on the second day his daughter was present for a time just preceding her testimony. Around the table of the prosecution were the two brothers of the deceased, Messrs. Roy and A. S. Sabin. A little back was the uncle, the only eye witness of the shooting besides the two principals, Mr. C. hi. Cunningham. Throughout the entire trial the court-room was crowded. No trial in some time has attracted such a crowd and held them. At times the witnesses spoke low, and it was difficult for even those inside the bar to hear what they were saying. The presiding judge, J. W. DeVore, of Edgefield, kept things moving and ruled promptly on several questions which fell to his lot to decide. The State. After having established the preliminary steps, such as tracing Chestnut igoing to the Dixie Lumber Co., and leaving it after the killing, the prosecution brought forward the only near-eyewitness of the tragedy outside of the pricipals concerned. C. E. Cunningham who was working that morning near the office. He said he heard a shot and upon entering the ofllce saw Chestnut standing at one end of the desk a pistol in his hand, pnd that Sabin was getting up from his desk when he entered. He (Cunningham) remonstrated with him while Sabin asked for an explanation, but Chestnut threatened the old man, and shot the second time at Sabin. At this time Sabin rushed Chestnut and pushed him over some lum Der. wnne tney ren wun oaum on Lop of Chestnut the fatal shot was Bred. A. S. Sabin brother of the dead man, testified that he was with his brother at the time just preceeding his death, and told his brother when they saw he was dying, that they sught to have had his statement. His flying brother repeated the statement in which he declared that he greeted Chestnut when he came in and then the defendant withevut explaining 3hot at him. Still asking for an explanation Chestnut fired at him the 3econd time and the dying man deslared he rushed him. When read a slipping from a paper charging Intimacy with Chestnut's wife the wounded man declared "there's no truth in that story." This was the rvrnoonntiftn'a r>n?r? In hrlof The first witness Thursday morning was Luther J. Smith r.f Bowman. He testified that he passed Chestnut's house one Saturday afxrnoon about ten days before the shooting and saw (while he was walking, his horse on account of a mnd bed) Sabin come in Chestnut's rard, speak to Chestnut's daughter, md then walking up to the door Tapped. Mrs Chestnut came to the ioor, and he did not see any more. Did not tell Chestnut about this be'ore the shooting. W. F. Ra-st, sworn, said he marPh notn n f'a nrlfn oiotor 1 To uoi'H lUVi v^iiuotii ut o n nc oioiui Iiv nam le had seen Sabin at Chestnut's louse several times. On the 23rd )f March while In front yard saw 5abin and Mrs. Chestnut sitting on lofa in parlor, and Sabin's arms were iround Mrs. Chestnut. Although a irotherdn-law he did not think it lis duty to tell Chestnut about this >efore the shooting. Told his wife lowever. P. M. Rickenbaker, next called, delared that he saw Sabin step inside Chestnut's gate about dark the eveilng proceeding the killing and ap>arently hide something. Spoke to labin and greeting was returned. L'wo weeks before had been going o Sprinkler's mill and saw Mrs. Chestnut on Palmetto street walking owards Railroad avenue. Later up>n returning from the mill he saw labia and Mrs. Chestnut standing talking on the corner of Palmetto and Railroad avenue. Witness was on Mr. Saul's piazza and could see the two talking. Chestnut, the defendant, then came from the direction of the depot and Mrs. Chestnut ran towards her home and Sabin down the railroad track. Witness did not tell Chestnut anything about what he saw. Benj. C. Rast, sworn, said he also saw Mrs. Chestnut on the corner of Railroad avenue and Palmetto street. i Corroborated Rickenbaker's stateI ment In that particular. Told how one afternoon just before sundown he heard noises in a barn in Chestnut's yard and upon opening the door saw Mrs. Chestnut and Sabin standing in there. Said that next day Sabin offered him $5 to keep his mouth shut, which he refused but told Sabin he had better be careful. Didn't tell Chestnut anything about what he had seen. Mrs. Willie G. (Ada) Smith testified that she knew both Sabin and Mrs. Chestnut well. Had often seen the former with Mrs. Chestnut. Asked to relate specific times related how once she had run in the Chestnut house for water and iMrs. Chestnut opened the door into Adine Chestnut's room, in which witness declared Sabin and Mrs. Chestnut was. Another time saw the two talking together on the back steps of Chestnut's home. Miss Adine Chestnut was then called. She is fourteen years old and a daughter of defendant and his first wife, being born in Ilorry county. Lived with her grandmother after mother's death until coming to Orangeburg to live with father and step mother. Knew Sabin three or four months before killing. Had seen him at her home. He was there the Saturday night before the killing and asked for her step-mother. Told him sho had gone down street. She declared that on the morning of the shooting she heard conversation going on between father and stepmother. He had left without eating breakfast. Came back home after the shooting and changed his bloodstained coat for a clean one. Saw several letters fall out of Chestnut's pocket, which her step-mother picked up and burned. What Chestnut Says. Robbie Chestnut, the defendant, being placed upon the stand said: He was thirty-eight years old, had been married twice. First time in Horry county and had two children, Artie, a boy now 16, and Adine, a g'rl now 14. Married present wife in September, 1903, one year after his fiist wife's death. He had had business transactions with Sabin which had always been pleasant. So***-! time before shooting was told by a friend to watch his house; that Sabin was going there too often. Told friend .to say nothing and he would try and catch un with it. Hid seen nis wife talking wirt- Sabin at the ri "ner and noticed her when sue ran. She pretended to have been bom* some time, but witness saw her go in the house after leaving Sabin. About three or four days later upon coming home one afternoon his wife told him that someone wanted to see him in the back yard, and lie started around the house. Healing a noise in the house he returned to the front to see Sabin leave through the front. On the morning of the 25th, he went in the yard to feed his horses, and after aoing so walked around and came in through the front gate. Saw a note in an envelope, sealed, and addressed to his wife. The envelope was half buried In the sand. Went to the closet and read it. The Tvetter Found. Following is a copy of the alleged letter: Dearest Girl Your Received the other day and was very tg.lad to hear from you Dear why did you wait so long to answer my letter but I hope you is feeling better than you was the other night when I left you. did you get Home all O. K. Dear girl will you write and let me Know when Mr. Chestnut will be off from what that fellow was telling me you treat Him some better than you are me. Oh how did you enjoy that box of candy I give you the other night. Dear I will not send this by mail I just send it by my yard boy so you will be sure to get. I am thinking of for a few weeks but will be with you before I go. You no my Trouble don't you. Wtell I can't tell you all but you come down this week I will be at the same place. I remain your as ever. You no who. Chestnut then went on with his testimony and said that he went to ' his wife's bedroom and showed her the note and had a conversation with her in reference to the note. Here there was quite a discission as to ] wliolhar r*r nnt Phpafnnt rmiM in- 1 troduce what he said with her in i reference to the note and what she 1 told him as testimony to show provocation in the case, but the Judge decided that as Mrs. Chestnut could be called by the defence, it would not be legitimate testimony for Chestnut to give. Chestnut then went on to say that he was kind of worried and ate no breakfast. Left his house and met his father-in-law at his gate. Together they walked to a house on Sellers avenue where Chestnut was engaged. He gave the note to his father-in-law, Mr. Rlewer, who did not read it at the time. Chestnut then said that he put his hands to work and went to Ayers & Williams where he gave some direc- ? tions about some material he waslr ordering. Then he went back to 1 the house on Sellers avenue; from there to Biewer's house to deliver a mesage to Mrs. Blewer. Said that his wife came In two or three minutes later and he talked with her. Did not stay long but went on to his home, and getting the key, searched his wife's trunk. Found two letters in the bottom, wrapped in a shirtwaist. These two letters, the witness testified were signed: "W. R. Sabin, your dear," and "Will Sabin, your darling." Both were addressed to Mrs. Addie Chestnut and began "my dear darling." Describes the Killing. The contents of the letters Chestnut said was about like this: "Idon't care to meet you at the barn anymore. You know we came near being caught. Have to meet elsewhere. Have best time with you of any sweet tgirl. WJliy didn't you go with me on my trip." His wife came in a little while after his finding of the letters and he said, "here's two more of Sabin's letters to you." A conversation with his wife followed (the contents of which he was not allowed to testify to) but as a result of which he got his gun and went to Sabin's office. Witness declared that he did not intend to kill Sabin but only to warn him away from his home. Walked up to Sabin's office and said: "Sabin, how about the letters you have been writing my wife? You ruined her and wrecked my home and disgraced my children." And Sabin replied: "Get out of this office you d? lying ," and then I shot once and stepped aside. After some talk witness said: "I have two letter in my pocket signed hv vn 111* ii:imo " Snhln l'AnAntful til A epithet and about this time the second shot was fired. Then "Sabin rushed me" and "my head butt the wall." Then the witness said Cunningham came and grabbed at his gun and he told him to leave his gun alone or he'd shoot him. Told Cunningham to get Sabin off of him, which he did. After the shooting witness went home and changed his bloody coat for another, leaving letters there, and went up street to Blackmon's store where he waited up stairs for the sheriff. After Sheriff came he and Sherff went home to get the two letters but they could not be fount?. Had been in jail since. Seen his wife once or twice but not on good terms with her. The note found in front of gate had been in possession of 'Mr. U. G. Bryant and he did not see it again until the trial. On cross-examination Chestnut declared he was familiar with Sabin's handwriting and that he recognized the writing of the note to be Sabin's and would swear to it. He denied having gone to Padgett's store near the Atlantic Coast Line depot and telling him that ho had a h? of a time at home, that he was going to shoot a negro for stealing some hoards. He declai|3d that Sabin did not speak to him when he entered his office. He owed the Dixie Lumber ber Co. about $55 which he had ordered about three weeks before. Declared that he heard Sabin curse and also once heard him threaten a negro and pick up a stick to hit him. After the testimony of Chestnut himself the defence announced that U rested the case. Testimony in Rebuttal. Mr. A. S. Sabin was called by the prosecution in rebuttal. He identified the letter found at his brother's desk the morning of the shooting deceased was engaged in writing when interrupted by Chestnut. He declared he was familiar with his brother's handwriting and that he recognized the letter as his handwriting. When shown the note which the defence claims was written by Sabin (which was given in Chestnut's testimony) and left half-buried in the sand the evening preceeding the shooting, Mr. Sabin swore that his brother did not write that note. Witness testified that his brother was not a profane man, and that he had known him to be engaged in church work. Roy Sabin, another brother of the deceased went on the stand. Identified letter his brother was writing at the time of his death. Alsos denied the note found behind Chestnut's gate to be in the handwriting of his brother. Never heard his brother swear. Rev. J. L. McLees, pastor of th# local Presbyterian Church, of which llu; late Mr. Sabin was connected, testified that the deceased had always impressed him as a very pious young man. The witness was shown an article he wrote, which was printed in these columns some weeks ago, and confirmed the statement that he w rote it. Witness Impeached. Lewis J. O'Cain went on the stand. Lived one door from Chestnut's house. Knew lien Hast, whose reputation for truth and veracity was yery had. Had seen a good deal of Mns. Smith, whose refutation for truth witness stated was had. Would lot believe either on their oath. On cross-examination witness failed to call names of persons who had ever old him that the two persons named vere untruthful. C. B. Bull, merchant, of Cameron, ;estified that he knew Ben Hast ibout four years and considers his< eputatlon for truth and veracity >ad. Would not believe him on oath. J. W. Padgett testified that Chestlut did come to his store the mornng of the shooting, told him that he lad had an h?of a time at home, < md that he was going to shoot some legro. Witness said he advised ' ilm against such proceedings. 1 BANK Of Conwa Has largest capital and surplus of i than the combined capital and surf CAPITAL STOCK.... SURPLUS ? t i niT TfTTrnc? AV OTAAl JLilADlLiliiiuo vr otwt SECURITY OP DEPOSH DIRE( Robert B. Scarborough, EL L. Buck, George J. Holiday, We offer our customers every acc will justify, and we b0bert b. 80abborougb, d President. We continue to pay 5 pe % FIRST NATI( % ?WA ? CAPITAL STOCK SURPLUS PROFITS TOTAL ASSESTS T I>IREC J. A. (McDermott, John ( jjk B. G. CoJlins, H. L. I a? M. Burroughs, C. P. Qu; jjjk Successor to the Bank ol JL Horry County, aud a pioneer ^ ly allied with the recent dev Republic. Backed by the < United States Bonds, we are i * tomers any reasonable acoonu ? H. A. SPIVEY, ffo Cashier. A. S. Sabin was recalled and testified that Saturday was the regular collection day of the Dixie- dumber Co., and that his brother was the regular collector. Here an adjournment was taken until three o'clock. Not Sabin's Writing. | Upon resuming Court at 3:30 Messrs. W. L. Glover, H. C. Wannamaker and J. W. Culler, who have all been engaged in the banking business for sometime and seen various handwritings, testified that in their belief it was impossible for the same man to write the two different letters shown, i. e., the note found behind Chestnut's gate and the letter Sabin was writing on the morning he was shot. On cross examination all declared they were not experts. The defence gave some tests for them to say whether one or two or how many wrote them. Henry Jenkins, who married the 1 ??-? 11?.1 ! (leienciani s wiie s s:sier whs caimu, Lives near Chestnut. If an'ybody had placed a note behind sate he would have seen him. Did not see anyone ? not even Rast and Rickenbaker. Saw Sabin two or three months before killing at Chestnut's house.^ Never saw him there at night. Here some reference was made to the affidavit of 'Mrs. Chestnut and the defence dared the prosecution to put her on the stand. This was the last testimony offered. It was then about four o'clock. It was decided that each side should i be given three speeches and Hon. Thos. P. 'Brantley opened for the prosecution. He was followed by Adam H. Moss, Esq., for the defence. At the conclusion of Mr. Moss's speech Court adjourned until Friday morning 9:30 o'clock. Friday morning the entire session of the Court was waken up with the speeches of R. A. Brown, Esq., for the prosecution, Hon. Thos. Ray so r and \V. C. Wolfe for the defence and CnllnfAp llililnhrniu) in f ho r?rHr?r n n rn. ed. At. about 1:30 the Court adjourned for dinner. His Honor, Judge DeVore delivered, immediately after dinner his charge to the jurv, telling that a verdict of murder, murder with reocmemndation to mercy, manslaughter and justififiable homicide could be delivered SHOCKING ACOIDKNT. Occurs in French Aviation World Last Saturday. One aviator burned to death in midair and another dashed to the ground and killed formed two shocking accidents in the French world of aviation Saturday. Louis 1). Grailley, of the eight Cuiraissers, while mak ing an aeroplane flight near 1 royes, was the aviator burned to death. The blazing aeroplane fell with its pilot at Kigny-La-Nonneuse, about 25 miles from Troyes, and was completely incinerated. Captain I)e Camine, one of the most experienced aviators in the French army fell with his monoplane while flying at Nangis Saturday and was instantly killed. Chinese Populace Desperate. The famine riots at Chamgson, China, are spreading and the Amorcian Baptist Chapel, near Wungtu, has been abandoned and was later wrecked by a band of marauders.,. The popplace are desperate, and it is stated that the visible supply of rice will 1 last only about ten day3. 1 ? HORRY, y. S, C. my bank in Horry county. More >lus of all other banks in the county* .. ..f50,000 .. . . .. 12,500 CHOLDBRS .... 50,000 'ORB ..112,600 . :tors D. V. Richardson, W. A. Johnson, Will A. Freeman. ommodation which their account* solicit your business. ?. V. Richardson, will a. frermab Vice President. Cashier r cent, on yearly deposits. 3NAL BANK | y- s- & $25,000.00 5P 2,500.00 125,000.00 ^ TORS: JF 3. Spivey, D. T. McNeill, fa luck, W. R. Lewis, D. jflk attlebaum, I). A. Spivey. f Conway, the oldest Bank In In Eastern Carolina. Closeelopment of the Independent (Government and secured by J?k >repared to extend to our ouiliodations. _ B. G. OOIjIjINS, A President. || j PROFESSIONAL CARDS. H. H. WOODWARD Attorney and Councilor At Lav. CONWAY; B. C. A A SCARBROUGH CONWAY, a c Attorney at Law. H. H. BURROUGHS Physician and Sargeoa CONWAY, S. C. B. WOFFORD WAIT. Attorney At LaA m"X Bank of Horry Batldlikg. J CONWAY, s. C. ME WORLDS GREATEST SEWIN6 ftUOtm^ k J-IGHT RUNNING^ NFwhoMk Wynn wn n t o 1I h o r a VI bm 11 n g H h u t tl<\ H< fckbuttlo or a Kindle Thread (CAafn&iJaAj Bowing Machine wrtto to 'k m?CW HOME 8EWIN6 MACHINE COM?AW Orange, Mass* Hfeqrsewfnsr machine* are made to sell regardless <8* f silly. but the JNew Homo Is made to was* Our guaranty never run* out, AbM *9 authorised deslevs uuANWr ) v roa sals a* J j BURROUGHS & OOULJK8 O0? Conway, 8. C. i ??????? i ??s?^? - # OKDKKS RIOTERS RK HEADED. + Drastic Pleasures Doing Taken in Ono Chinese IVovincc. The disaffection in Mongolia, where the princes and religious hearts aro uniting against the Chinese development schemes, seems now to bo traceable to the Tibians. The princep, it is saiu, have appealed to Tibet, tdr protection. Regarding the situation in Sziechuan province, where the people have risen againat the railroad projects, Sheng-Haunaa-JIual, who In the strong man in the Peking Government, ordered a score of decapitations of the ringleaders of (he riot*.