Historical Newspapers of South Carolina

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•v , v. , j THE LARGEST CIRCULATION of Any Newspaper In the Fifth Congressional District of 8. C. EVERY ONE PAID IN ADVANCE. The Ledger. SEMI-WEEKLY-PUBLISHED TUESDAY AND FRIDAY. WE GUARANTEE THE RELIABILI •f Every Advertiser Who Uses the Columns of Thl* Paper. BEST ADVERTibINQ MEDIUM. * A Newspaper In All that the Word Implies and Devoted to the Best Interest of the People of Cherokee County. ESTABLISHED FEB. 16, 1894. " 6 OAFNEY, 8. C. FRIDAY, MARCH 2, 1906. IfjQO A VIA* HASTY TRIAL BEGUN YESTERDAY AFTER SOME WRANGLING ON TECHNICALITIES JURY IS EMPANELED. courti ruled that this was a competent juror and the State used one of its challengers, although Solicitor Sease tried to avoid it. H. E. Tindal was sworn. H. E. Jefferies was objected to by the defense. Jud Allison was sworn. O. R. Campbell was excused by the defense. J. E. Austell was ex- cused by the defense. W. G. Fowler wa^ excused by the defense. R. P. 'all was excused by the defense. Bonner was excused by the de- S. W. Clary was sworn. W. ith was excused by the defense. W. H. Wright was sworn, James Dee was sworn, R. W. Spake was sworn. B. M. Gaffney was excused by the was slightly ajar and said that his brother was wanted for a game of poker down stairs. Will Hasty stay ed not over a minute or two minutes and Bennett left shortly afterward. The solicitor asked if she was engag ed to marry Mr. Bennett. ‘ What’s that got to do with it?” inquired Col. Johnstone brusquely. The court. It seetns to me that the testimony is irrelevant. Witness continued that about four and a half minutes after Mr. Bennett left— Mr. Johnstone. We object to any thing which happened the night be- would order the court room cleared. Col. Johnstone said he was not dis concerted. (Witness did not appear to be). The court said that the de monstration was embarrassing to himself.. Col. Johnstone thought he saw a discrepancy in the testimony, where as she had stated at the inquest that at the moment the third shot was fired Davison had hold of Hasty's left hand and today she said he was holding Hasty’s right hand in the struggle. She explained this on the stand by saying that Davison had hold of Hasty’s right hand up to the moment the third shot was fired when Attorneys For Defendant Move For Continuance, Which is Refused. Also Ask For Contin uance On Technical Grounds in Regard to the Indictment. Miss Vernie Sheridan On the Stand. Some Testimony. By William Banks, of “The State.” Yesterday, morning when the hour j was made was technical. It was for the opening of court in this city staged hue indictment that the de- arrived, it could be easily seen that the capacity of the court-room would be taxed to its utmost, to accomodate the crowd that surged in the direction of the court room long before 9:30,the hour for the opening of the court. Ci tizens from other cities were in atten dance who, with sturdy farmers from fendant had committed the crime with an “unlawful weapon," where as the text of the law Is “concealed weapon.” Solicitor Sease had nol pressed the surplusage in the indict ment. but Mr. Osborne, one of the at torney for the defendant, argued that the law requires that there shall be in the indictment a count with re- ^ _ fore. court, as he thought his determina-l The court ruled that' this, too. was; her eyes werre diverted to Bennett tion would be influenced by his views., irrelevant at this stage. Mr. Sease whom she saw double over. Her L. F. Blanton was excused bv the admitted its irrelevancy at the. par-i eyes returned almost instantly to the defense. P. D. Phillips was Ejected; ticular moment, but he would bring; man with the pitsol and she saw Da te by the State. Farmer Moore was it out later. i vison holding his left hand. She did sworn. C. D Barnhill was objected Witness went Vb brekikfast about not know what became of Hasty af- to by the State. R. W. Clark was ex-'8:4<). She first saw George Hasty at ter the shooting. Thought she saw cused by the defense. E. H. Blanton her .door that morning. She did not him with his brother, was objected to by the State. G. E.; see George Hasty when she first went; Col. Johnstone then gave a final Mabry was sworn. N. S. Allison was into dining room. About a minute warning to the ladies, and ‘hey left sick and said he was unable to serve, afterwards Hasty came in. B^nnetit j the court room. Judge Memminger He was on a jury which was up all had come in with her. The defen- declared emphatically that he could the night before. Judge Memminger dant came in *from tb« kitchen and not let any testimony be suppressed I excused him. W. L. Johnson was ex- leaned over a chair at the stove talk- which was competent, no matter how ,cused by the defense. Robert Garner jing to some men. She could nqt hear embarrassing it might be. was sworn, B. G. Home was sworn, what was said. ; On examination being resumed, C. B. Turner was objected to by the Hasty came by wlmre the' 1 ’ were Miss Sheridan said that they had State. B. J. Haynes was sworn. sitting. Bennett said something. She played at Gastonia, N. C., the Mon- • The jury as selected is as follows: j didn’t hear what they said as it was day before they came here. Col. Allle Osborne, H. E. Tindall, W. H. in a low tone of voice and just a Johnstone asked why if she were Wright, James I^ee. R. W. Spake. Jud jumble of words. Hastv was deny- not married to Mr. Bennett, he had M. Allison. S. W. Clary, Farmer Moore,! ing something. Bennett turned to-slept in her room at Gastonia? Col. T. E. Mabry, B. G. Horne, P. J. hey and asked if that were the man Johnstone asked a great many' ques- Haynes, Robert Garner. Mr. Osborne who had tried to climb over her tran- tions in detail about this alleged was named as forman. Isom. Witness said he was. Hasty de-i transaction. In answer to questions When the court reconvened in the'nied it and said that any one who she told where her room was at Gas- such weanon as nmhihUPfi hv secMon afteraoon > the house wa s Packed al-,said so lied. Witness said “Milan, tonia and denied the accusations In- 1 QO n n rl + V, . s _ most to suffocation. It was the . don’t push the matter. A map who sinuated against her. She denied concealed about the person. Now the charge her© is not that bhe kill ing was committed with a weapon concealed about his person or that the party was not upon his own pre mises or was not a peace officer or in the actual discharge of his duty. “Therefore the crime is not charg ed to have been committed with in mo luuioLiucuL a. uouiiL wii.ii io- 130, and therefore there is no reason , „ „„„ , .. . . , , , ., - -1 —— „ .... ference to "concealed weapons.” and why there should be such a count in lar F eat crowd ever assembled under is low enough to look over the tran- ; that a man in the adjoining room in ' a roof in Gaffney. Hundreds of ladies som into a ladies sleeping apartments the hptel at Gastonia had broken out were present and Judge Memminger is low enough to deny it.” About'i n laughter a* what he had heard in announced frankly that he would al-jthis time Misg. Bishop came in alone 1 her room that night. The rooms low nothing to be suppressed because and George Hasty asked Bennett to were assigned to them, they had not of their presence. He would suspend step out into the hall. Witness said asked for thepa. Col. Johnstone ask- court long enough for all who cared that Hasty had continually kelpt in i ed questions about their stopping at to do so to retire. He would not .front of Bennett gesticulating with Blacksburg. Witness denied that she agree to let any matter be bushed i his lerft hand. His right hand was took a horseback ride at Gastonia, which had bearing on the case merely! by his side. She could not see it. He; Miss Bishop had done so. Miss because it might offend the modes‘y wore an overcoat. Davison was in | Bishop rode side saddle. Witness of some. He also cleared the judge’s all uartQ nt this countv ioint 1 the ru«=h he UK)k the Kr° ua d that the solicitor 1 the indictment and it Is not necessary ail parts of this county, jointa tneru- n had notreme0ied the matter. Mr. that the indictment should contain that naturally turned their foot-s eps Osborne read a decision of the su- such count and. therefore, this motion ni the direction of the court house, for preme court to the effect that the does not prevail and the motion is the time being, the centre attraction, law is mandatory as to the counts 1 overruled.” These came to th dtv early some In tor concealed weapons in the Indict- Another flechnjcality was raised. , . . - ment. It was claimed by the attor- buggies, others on horseback, but Just I a that ^ indlctment ls nlll] llle . as surely they came. All available ga j aud invalid. seats were soon taken and those 1 Solicitor Sease replied to the argu- comlng late were forced to resort to, m c®t saying that the law 0 . flmno . give the solicitor the discretion in information of value to the defense standing room soon filling the aisles, preparin ^ moments. The count and he is practically helpless with lobby, corridors and even surging would not injure the defendant by sciatic rheumatism. The other two and blocking traffic on the street] being in the indictment are traveling men. Hervey had been below After the gallery was opened.' Col. Johnstone stated that the soli- a newspaper man, had worked for the tvij hiiiiriw citor had not caught the idea. In Hearet papers. He had written let- all seats in that p rt o e u g lgg2 ttie legislation against cynceal-. ters to Gaffney under the name of were quickly filled and space there i ^ weapoIls was started# In 1901 the "W. D. Scott,” and later as Hervey There were three witnesses for de fense absent. L. W. McKibber, R. Scott Hervy and O. L. Aaron. Mr. Osborne declared in an affidavit that C. Scott Hervey, of Augusta, Ga., had was at once reduced to a premium. Cooper law was passed. In 1887 an From the outset of the case it could act was passed by the late Judge be seen that the fight would be a one filled# with Cothran stating that a bill of indict ment Is vailed If it contains a count technical one and one nueu# wun re i a ii Df r p-j concealed weapons. In points of law that the attorneys must 1897 an act. was passed providing that fight out among themselves, and of every indictment on murder “shall” the validity of which the judge must contain a count with reference to ^ ^ rr-’l , „ , , concealed weapons. This makes the decide. The following is a summar- lndlctment lnva iid. Col. Johnstone of the proceedings of yesterday: argued further that every indictment „ . ... must conclude “against the peace and One of the features of the -rial yes- dlgnlty of ^ state.” and the validity terday afternoon was the presentation to the witness, Miss Sheridan, of George Hasty, the man who had Wil ed her sweetheart, and the man for whom she wears the badge of mourn ing. Col. Johnstone was striving to break down her evidence In regard to the part of Hasty's body which she had seen over the transom. "Come up here George,” said Col. Johnstone. As the defendant approached the wit ness, a tremor ran over her frame, end turning to the court stenogra pher she said “I cannot touch this man.” But Col. Johnstone consider ately did not require this of her. and with level eyes and unflinchingly, the game little woman looked at the man for whom she has good reason to feel a loathing and told the occurrence over In practically the identical lan guage. Col. Johnstone was absolutely un able to break down this woman’s tes timony. Whenever there was even and the letters had been similar and bad led to the identification of Her vey as Scott. They had from Hervey letters in which he stated his oainest desire to be present and testify to matters which be had already made public in The State. _ The solictitor answered that Her- concealed weapons. This makes the vey is not within the jurisdiction of the court and there is no assurance that he ever will be. Mr. Otts answered in regard to Mr. L. W. McKibbon and Mr. O. L. Aaron. He read an affidavit from McKlbben who was In room No. 8, Just across the hall from Bennett’s room. Mc Kibbon stated that he heard a pistol fire and a woman scream, he had not gone Into the hall Immediately and had not seen the shooting. He de clared in his affidavit that Will Hasty had had him sworn and bound over as a witness, that he could be absent and thus secure a continuance. Col. Johnstone objected. The rule provides that the testimony must be admitted or continuance be allowed and the prosecution is trying the case with affidavits. “Your honor knows that we are not trying to play any of the indictment was attacked. Judge Memminger declared this to, be a very serious charge against the validity of the. Indictment, and advis ed the solicitor to argue It fully. Solicitor Sease declared that he has the right to nol pros any count In an indictment and after he has nol prossed a count It Is prematerial what had been the verbage of the original count. Mr. Osborne argued in reply that It is not a ministerial duty imposed upon the solicitor. This Is more than a mere irregularity sub ject to connection. It is an error which invalidates the whole indict ment. The attorneys for the defense read many count d3ceislon to Show the merit of their contention. Mr. Os borne and Col. Johnstone argued clearly and forcibly. The solicitor stated that several of the circuit Judges had turned down this same motion. Col. Johnstone replied that the Judges would not repeat their blun der. Cell. Johnstone explained why the law was passed to require solicitors to put in the indictment a count an evidence of incompatibility she against concealed weapons. The explained it to the satisfaction of those who were unpredulced. It Is claimed by the defense that they will break down her character before the the trial is over. They have not done so yet, nor has her evidence fallen. Solicitor Sease announced that the State was ready in the case of George Hasty. The solicitor nol duty 1b mandatory on the solicitor, and the supreme court gives him the authority to qua4h the indictment. He declared that the solicitor's argu ment to be that he had nol prossed a bill which had never been found. The court took the matter under advisement for ten minutes. The at tack against the Indictment was a verv serious charge and Judge Mem minger read the supreme court’s de pressed the count in each indictment} cisions on this point. charging Hasty with carrying an un-^Ke Mem monger announced his lawful weapon. Hasty was on his Gentlemen: “I have arrived at a own premises. Col. George Jonhstone, represent ing Hasty, announced that he had been very unwell ever since he had arrived in the city- He had been evonfiend to his bed under care of Dr. Nesbitt and was still very unwell. There had been no time for con- sulation with his client. He prayed for time for such conference and ask ed \hat some other case be taken up. Solicitor Sease announced that the only other case was a murder case which would require a great deal of time. 0 Judge Memminger ordered the case to proceed and s’ated that the attorneys coqld confer with* their client at some time during the trial- Senator Butler moved to quash the Indictment In the case against Hasty for the murder of Milan Ben nett. which case the solicitor had stated he would call first. The ground on which the motion conclusion upon this matter whlth I am satisfied is correct, according to law. The law, as contained in Sec. 131 is that in every indictmnet for murder, manslaughter, assault and battery of high and aggravated nature, assault, assault and bat tery with Intent to kill and in every case where crime is charged to have been committed with a deadly weap on of the character specified in sec tion 130, there shall be a special count In such indictment for carry ing a concealed weapon. (Addressing solicitor). ’Let me see the indlctmvent. Mr. Solicitor.” Solic itor hands indictment to the court. “So that the question is whether or not k this Indictment where murder is charged to hare been committed with a deadly weapon of the charac ter specified in section 130? Well, the weapons specified in section 130, among them is a pistol, but not mere ly the fact that the murder is com mitted with a pistol but it must be such a pistol as Is specified in vfec tion 130. Section 180 specified that a pistol most be concealed abon* the person, weapon prohibited W HO are such weapon prohibited to be trick on you. Such a charge is un true.” Mr. Otts. “Well It is your own witness who makes the charge.” Col. JonhBtone thought it a strange proceeding that the unofficial at torneys for the State have been In terrogating witnesses for the defens 3. Mr. Otts deliberately refuted the charge that anything improper had been done. He challenged the good faith of the motion to continue. He was proceeding to say something else <vi this line when the court stop ped him. The court stated on a motion to continue he had better hear the whole matter. • Mr. Otts and Solicitor Sense after consul&tlon, announced that they would admit that the witnesses would swear as the defense indicated, rather than go to continuance. They were willing to yield this rather than have the case continued. This apparently settled the points raised, and the court was about to proceed with a trial when Col. Johns tone arose an,d declared that it is a entirely within the discretion of the court. He urged that a man's life was at stake. He had been ill him self and that might work to the dis advantage of his client. These two witnesses’ affidavits, if presented, would not have the effect of spoken testimony. The absence of Hervey would injure the defense. He wanted to know why the haste to try this case when there are tiwo other homi cide cases to be tried. Why not dis pose of those canes? Why no', let this case go over and let public sen timent restore Itself to a nropAr con dition. Ji^dge Memminger stated firmly that there would be no undue haste. The case would be tried as other cases are tried. He would not grant the motion for continuance. This concluded the efforts of the defend ants’ counsel to keep the case from coming to trial. Solicitor Sease then announced that stand of the people who had been forced upon the stand by the crowd. After Judge Memminger’s state ment. a number of ladles left the court room, but others, thinking that there would be nothing more offend ing in Its nature than was produced at the inquest, remained in the court room. After a delay of ten minutes, the jury was brought in and the trial was commenced. The two young women whose sweet hea.ts were killed by Hasty came from the consulting boom with their eyes red with weep ing. They had come up bravely at the morning session. The first wit- nese was Prof. R. O. Sams, who had made a survey of the Piedmont ho tel, and the diagram represented the rooms, dining room, hallway and other points connected with the homi cide. * Dr. B. L. Allen who was next sworn, told that he was called to hold post mortem over Milan Bennett’s body. Dr. Nesbitt made the dissection and he was present. There was a wound in left side four inches from left nip ple. It had fractured seventh' rib, ranged inward an inch. He describ ed in detail the course of the bullet, and illustrated on Solicitor Sease’s body. He showed that the ball went in forward and was found 11-2 Inches upward from line with point of en trance. The collapsing of the lung might have left the ball above the point of enteric 0 ' and probably did It was an inch and a half up from the point where the^track of the ball stooped before entering the right lung. Witness seated repeatedjy that the ball went straight through the heart. He used his left hand to show the course of the bullet through the heart and his illustration indicated that the ball entered about the apex of the heart and came out upward. On cross examination by Col. Johns tone, he said that the ball had struck the lower part of the seventh rib. Col. Johnstone wanted to know if witness had not taken a great deal of Interest In the trial. Witness said he haJ done what he could for the afflicted. Col. Johnstone then wanted to know It witness had not had up a bet on the case and witness had bet on a verdict of guilty. Witness said there had been such a bet. Admitted that he had agreed to cancel the bet because he thought he might be embarrassed on the stand. Witness said that be and Dr. Gunter frequently put up bets and took them down. In reply to question from Mr. Sease he said that this bet bad not affected his testimony a bit. Witness said he and Dr. Gunter had discussed this matter frequently before they made any bet. The bullet entered the skin and ranged forward on a horizontal line on the seventh rib until It enter ed the body. Miss Vernie Sheridan went on the stand at 3:45 p. m. Witness was bom in New York and reared in New Jersey. She is twenty- onel years of age. For the last four years she has made her livelihood on the American stage, principally in the south and west. She was here cm the loth of December. She was playing the part of Sonhette in a musical farce comedy, “Nothing But Money.” Mr. Milan Bennett was the musical director. Mr. Walsh was the man ager. Mr. Bennett was a writer of music anp operas. She left the thea tre at 10:45 with Mr. BS|mett and went directly to* the Piedmon* hotel. It was raining very ha *d and she was the dining room door; door was a denied having cracked questionable swinging door. As Mr. Davison went jokes with drunken men in Gastonia, out and thq door swung back, she i Col. Johnstone then wanted to know w'ent out. Mt Davison was not over the circumstances in her room the four feet ahead of her. George Has- night before the double murder, ty and Mr. Bennett were conversing, Mr. Will Hasty had come to their Hasty in a loud tone. He wa° facing room just after the performance the dining room door. Bennett’s back when she was eating her lunch. She was to the dining room door. About was amused at bis conversation. He that time she heard Davison say. “And you are the same fellow.” Davi son made an attempt to strike Hasty and she does not know whether he w r as nearly drunk and was telling about troubles he had had with the chief of police because he was accus ed of running a blind tiger. (This succeieded or not, but at the instant testimony was not admitted)., that he struck there were two pistol shots In quick succession. Mr. Davi son grappled with Hasty • and George Hastv g^as turned around with his back fo the dining room door. He wrenched his hand loose and brought his revolver down and flreu a* Milan Bennett who was standing perfectly motionless. She saw him stooo over and throw his hands to his stomach. He stepped forward and then tumal around and walked toward and down the crocs hall and Just as he reach ed it he turned and fell on his face. She described with well repressed emotion the ministrations with which she endeavored to make the dying man comfortable. She turned over on his back. There was blood on his lips and a gurgle in his throat. “He is dying,” she exclaimed to Miss Rishop. She had been warned by Mr. Ben nett that Miss Bishop had been an noyed during ihe afternoon and she locked the door and the window. Just as she turned the light out and was getting into bed, she heard a knocking on the door, but she paid no attention to it. The knocking continued and then somebody went around to the window on the veran dah and said. “Let me in. don’t be so mean” and things of that kind which she ignored. Later she heard a scuffling at the door and looking up she saw the defendant. George Has ty. with his head inside the transom. She screamed “Milan,” and the man him | dropped down and disappeared and she got up and put on a skirt and opening the door she called Mr. Ben nett who presentely appeared at ’his I door. She briefly outlined the cir- Recurring to foimer testimony, she cumstances and he told her ho would narrated that on that morning before come to her room and sit up. He 8 o’clock she heard a knock on hejr was dressed. She thought that he door and some one said “Lady, have had not gone to bed. It was between you got a fire?” She put on a 11 or 11:30 she thought. It had never kimona to let the man come in to occurred to her to report it to Has- make the fire. But when she saw itlty’s brother, for-it would lead to talk was George Hasty she slammend the and there had been enough blots on door in his face. She wanted to tell j the characters of the girls on the why she had slammed the door in | stage. his face but was not allowed to d©! “What, another blot on you?” ask- so. i ed Col. Johnstone. Col. Johnstone conducted the cross “There has never been any on my examination. She stated that she name,” witness replied, and the au- told Bennett at the dining table that dience in the court room was in sym- George Hasty was not the man. pathy with her. (Witness wanted to explain why she John Peck was sleeping in tne had told Bennett this, but Col. Johns tone would not let her proceed). Col. room which he and Milan Bennett had engaged together. She was ask- Johnstone wanted to know why she ed why Peck had not been summoned said at the coroner’s inquest that she here to corroborate her evidence, saw Davison strike Hasty. She! she said that she thought her evi- would not retrack this but said she dence would be taken on oath a:.d he was ready and the swearing of hungry. They passed a restaurant witueses was commenced./ The first juror presented was M. Allle Os borne, of Blacksburg, who was sworn, after being put on his voidire. Solici tor Sease objected to juror Estes who had expressed an opinion. The which was not verv inviting apd Ben nett went out and got her a lunch. While she wa# eating her lunch Will Hasty came to the room. He .stayed not over ten minutsfe. George Hasty came and knocked on the door which did not know whether Davison’s blow fell or not, she saw Davison crook his arm to strike and that what she( meant. Col. Johnstone wanted to know why she had said at the in quest that Bennett had taken a step. Witness replied that Bennett was standing with his hand to his mouth. He had walked two steps and stood still. She did not know Hasty’s mo tive for shooting Bennett who was standing and not Davison who was grappling with him. She answered with animation that she was nob ac countable for Has fly'motives. The Bennett inquest was succeed ed in two weeks by the inquest over •Davison. Witness stated that she had repeated the same testimony at both Inquests. She stated that Davi son and Hasty in grappling had moved down the hall toward the din ing room and Bennett had advanced two steps down the hallway and then stopped with his left hand up to his chin as if in thought. Col. Johnstone wanted to "know if bhst were not a palpable movement. Witness said that she had not given all important details at the coroner’s inquest for she had not known the Importance of details. “And who has told you since,” ask ed Col. Johnetone meaningly. “My own common sense,” answer ed the witness. There was hand clapping and ©‘her marked demonstrations of appioval all over the court room. Judge Mam mlnger declared that he would not permit this any more' If there should be any other demonstrations he she had not tried to procure any tes- timonev any way. She said that she had' advised Bennett not to come to her room, but he had done so. She fear ed that it might compromise her. Bennett sat there all night until 4 o’clock, writing music and she had waked up about that time as he was going out to get a comfort. They had a long hard trip ahead next day and she wanted him to lie down across the foot of her bed and sleep until daylight. At 7 o’clock he got up to go out and she told him that she was cold. It was an hour after ward that George Hasty appeared with the material to make the fire. Col. Johnstone then wanted ‘o know if witness had not sung ribold songs on the stage, to the extent that they were criticised by the papers. Witness declared that she has noth ing to do with tike papers and She de nied that her song was ribold. She offered to recite it to the court, but this was not requested. : Solicitor Sease asked why she had told Mr. Bennett -hat George Hasty was not the man. She replied that j they were engaged and he had the . right to fight for her and probably woud do so. She never told Mr. Ben- < nett that George Hasty was the man. , he had surmised it. Col. Johnstone wanted to know if the witness had not been the •‘ar 18 the “Brown’s In Town” company, playing In Columbia and other places. (Continued on page four.)