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r Hf LARGEST CIRCULATION of Any N«w«pap«r In 0«ffbrMilon«l '' Olatrltt «f ft C. ♦ VERY ONE RAID IN ADVANCE / - I . .[I l«l ' ■ . .4... , SEMI*WEEKLY —PUBLISHED TUESDAY AND FRIDAY. 1 r k r ' nji i . 1< /■ OUARANTCB THK RBUABILITY ®f Evary'ASvSrilS*^ Who U*44 thk tEhMMRS *f tm# nRM>; J ■Err ADVCftTItlNO MBDIUM. A NtrifTfur Hi All (Art Km Wars ImpIlM ani DavataS ta tha Baat Intaraat of tha Raopla af Charokaa County. ie«TABLI8HE0 FEB. 1C, 1CC4. OAFFNBY. C. C, TUESDAY, JULY 2, 1907. tfjDO A YBAIt W. H. MILLS IS CQN- ‘ VICTED OF MIISDER. RECOMMENDED TO THE MERCY OF THE COURT. The Testimony of Mills as Given On the Stand—Jury Out Less Than One Hour. Court convened Friday morning at ninf o'clock. Everybody was in their place promptly and trial of VV. H Mills was resumed. The first witness called was Smith Williams, who had been on the stand the day before. Mr. Williams testi fied that Mills, on the Sunday before the killing asked him where Deal worked and in what department of the mill. L. L. Reeves testified that he saw Mills enter the mill on the morning of the killing; that he went straight to Deal; the two talked about fifteen minutes; then Dea] came to him (Reeves) and asked him to look af ter his work, as he wanted to go out to talk to a gentleman. In about twenty minutes I went out and saw Deal sitting on the ground; there was no one else present; later saw .Tacu- min coming from towards Deal; saw Mills walking away very fast; I shut off Deal’s work and started after him. No cross examination. On account of the absence of some of the State's witnesses an agree ment was reached whereby the Stat ( . tool: a recess and the defense began its side of the case. M (’. Withers was the first, witness for the defense He had known Deal for some time; had worked with him: had talked with him about women: Deal had said he was in trouble about a woman; expected to have to leave his hoarding house on account of a woman. (During the following part of Withers’ testimony the jury was retired in order that, the rela- vancy of the testimony might he dis cussed before it went to the jury.) Saw Deal standing on the street talk ing to a small woman with brown or light hair; she was very pretty; had a child with her. (There was a good deal of sparring between the attor neys and finally the presiding judge decided to exclude this last testi mony. Tlie State's witnesses having ar rived th,. cause for the prosecution was resumed. Dr. J. M Caldwell was recalled, and stated that when Deal was mak ing Ids dying declaration his voice was strong at the beginning and continued to grow weaker until he died. Others present might or might not have heard his dying statem-mt. Dr. (1. F. Lee testified Rmt he was in Bind>burg March 2l>rd. saw Mills there; saw him at the hotel In 'lie early pan of the evening; he went up stairs into a room to see some minerals | had selected; John Pol lock went down stairs after Deal; Deal asked m ( , if | would loan him the minerals to snow his wife; while Deal was gone Mills asked me if I knew whether or not Deal was a Mason; also asked me if Deal had plenty of money. i noticed that Mills eyed Deal closely. 1 next saw Mills about 12 o’clock, when Mills came in and registered. Tin* next morning Mills handed up. the money for iiis lodging, which I tool to Mrs. Thompson. Afterwards we were talking to each other and I said 1 had made some mineral discoveries and expected to startle the commu nity. and Mills said he expected to startle the community. 1 asked him what wa,s Ids business and he replied that he was a machinist, and I ask 'd him if he was going to invent a machine and he said no, that he was going to startle the commutity it) another way. Mills started to tell witness of his troubles and witness told him he did not want hear it as be had trouble of his own, and that if he was in 1 rouble with a brother Mason to go to him and talk to him about it. John Pollock is a merchant at Blacksburg. Saw Mills there on March 211 rd, Saturday night I was in a room showing Deal some min- rals we had; there were several present; Mills was among those present, Sunday saw Mills and Deal .pass each other twice on the street and speak to each other. The prosecution rested and the de fense took up its case. J. W. faston, a printer who board ed at the hotel at the time Mrs. Mills was in Gaffney. Mrs Mills was there during that time. I went to my room one night I saw Mrs .Mills there and asked Mr. Williams who site was; he told me a grass widow from Blacksburg or Grover. I went down stairs and later on coming up the stairs i met Mrs. Mills and Mr. Deal going down the steps. Mr. Gas ton's testimony was excluded Win Marshall testified that he knew Frank Deal. Talked with him last summer. I was deviling him aboui Mr. Mills wife and he said Mills must not give him any trouble or he would put bis light out. On cross examination witness admitted that he did not know Mrs. Mills and that the conversation related was in fun. R. G. Kiser lived at Blacksburg. Mills came running into his house shortly after the shooting. There were men behind him; one had a gun. Witness was sitting in his yard at the time and Mills run up and said I want to get into the house. I asked him what for, and lie made no answer but went into the house. I went in and he said “Don’t let them kill me.” He then ran out and went on to Mr. Whisonant’s house. Win. Whlsonant testified that he lived in Blacksburg; that Mills cam© to his house immediately after the | shooting; he came in the house; was blowing and puffing; was run down: said something about a phone; look ed out the window and said here they come; and jumped behind the bed. When the police came he sur rendered. The following is the stenographic report of the testimony of W. H. Mills. Direct examination by Stan- yrne Wilson, Esq; You are the defendant in this? Yes sir. How old are you? Twenty-nine years old. What is your business—what work do you do? Constructing machines in mills. How long have you been doing that business? 1 have been at it off and on ever since Ten years ago—you began young? Yhs sir. You have been working with ma chinery ever since? Yes sir. For the last several years where you worked ? Draper Company, Hopedale, Mass., tool and cotton mill machinery. I.ooms and spoolers and such as that, more so looms. In doing that work have your du ties called you to different parts of the country? Yes sir. Where have you put looms? I put looms in Limestone Mills, Gaffney, Gaffney Manufacturing Com pany, Clifton Mills, Glenale, S. C., Gainesville, Ga., cotton mill and Paco- let Manufacturing Company, down at Trough Shoals and Concord, all the Cannon and Odell Mills, and Shad riel:- Mills, Charlotte; Olympia Milis, Columbia; Orangeburg Mill and Arogan, Ga.; Pell City. Ala.; Carters- ville, Ga. I was there only about a day or a couple of days. Atlanta Fulton Bag and Cotton Mills and Greenville and Carolina Mills; Harts- ville Manufacturing Company; Bee- man Manufacturing Company in Jackson. Tenn.; Rockingham, N. C., and Proximity Cotton Mill. And l/)uiSana? New Orleans, La.; staid there ten months. So your duty kept you going pret ty well from one place to another? Yes sir. How long did you know T.ola Tur ner before you married her? I had been knowing her for some ti*n or twelve years. You married her what year? 1903. the 25th day of August. When you married her where did you all go? W»*nt first to Gainesville, Ga.. and spout the night, then (ho nH xt day went to Atlanta. Without going into details, when you made your stop did you and she generally travel together to your various abiding places where you wen* at work? Who,, jt was a long job she would sometimes; short jobs site didn't go with me. Long jobs she would be with you and short jobs six* would not? Yes sir. At what places on long jobs did six* stay with you? Gainesville, Gainesville Manufact uring Company. wihere else? She was i» New Orleans the fore part of the job. Why did she leave there? The health of tlx* baby and Dr. Bell advised her to leave. Leave you had a baby? Yes sir. Baby was very young? Yes sir; just cutting teeth and had choli’a and fantum and on that ac- I count the doctor Yes sir. When you came hack from New Orleans you say your wife was teach ing school—where was she living? Out at Mr. Floyd Wylie—I never could call his name. Did you stay at Grover when you came hack any length of time or near the neighborhood of Grover where she was staying? She left Grover after she got well ami the baby got well and came to Blacksburg and staid with Mrs. Par ke,- at Blacksburg. Did von visit her there at Mrs. Parker’s? Not right then.. Where was she when you next visited her? She was at school, but she was at Mrs. Parker’s before she ever taken this school. When teaching school whose house did she live,) in? Boarded at Mr. Wylie’s. Did you go ther e to visit her? Yey sir. You saw her and the baby (here? Yes sir. How long did you stay there? I spent the night there and I think the next day. You were on the same old terms were you? Yes sir. From there where did you go? Went directly to Columbia to the Shock-ford Manufacturing Company. You left her in the same neigh- borhood? Yes sir. Wjhere next did you see her? Ther e at the same place. Then what? I spent Christmas with her there. Christmas. 1903? Yes sir. Then you went off somewhere again and worked? Went to Greer. Where did you next see her? There at the same place. Then where did you go next? I came to see her three times while at Greers. I went to Arogan, Ga. Her school was just out and she came to Blacksburg tnd boarded there with Mrs, Parker. Where did you see her? At Mrs. Parker's. Six* decided on account of teaching school that she would have to stand an examination hefor e she could get her money for teaching—so we decided it would be best for her to stay there until she got this. Got her deploma? Yes sir; rather than pay her way to Aroga n and pay her way back to stand the examination. She spent Die time at Blacksburg for that purpose? Yes sir. You were at Arogan? Yes sir. Where was she when you next saw her? I came t,o see her at Mrs. Parker’s while J was at Arogan. The,, where did you next see her? Six* came to Arogan to me. She lived with you at Arogan for how long? Six months. That was in the summer of 1900? Yes sir. Last summer ami fall? Ye s sir. You know about the dnie you left there. Wh left there tlx* 10th day of cember. From there you went where? Came to Spartanburg—down to Clifton, my step-father’s. \tr. J. A. Bushy? Yes sir. Did your wife go there with you? Yes sir. How long She s'aid just went eoulil stay all De- did you all stay there? there all the time. 1 there to arr-uig* so she there while I was doing adviced her to ; lea ve. Six Grovi Hep Y. came where? N. ('. I’acole, work. Left lx*r there with tht Yes sir. You went to your work and that your headquarters? Yes sir; I didn’t have any mothe,- lived there? sir. Her motlx'i lives there yet? Yes sir. mother’s husband is name Her j what? \ .liio. Ham bright. Is he any kin to Mr. Deal? Yes sir; so I understand. So her mother is a kinsman of Mr. New Orleans to what time that was? It was ’95. 1905? Yes sir; _ somewhere in that neigh borhood, along aboui the 1st of May. 1905. slimmer set j,, good? except Paeolet every Saturday'. No more than i from there? | | guess somewhere | horhood of ten miles I that. That la bv 'l" baby? made work home Deal'* Yes sir. Six* went from Grovet Yes sir. You know about Before the Ye s sir. From t her. Yes sir. Staid then* how long? she went to Grover? She left New sick- and She taken very sick then was really sick whe,, she Orleans. Six* taken very Dr. Oates can testify to what hap pened. She was sick at Grover? Yes sir. When she got well did you come back front New Orleans to Grover or where was she? She was teaching school when I came from New Orleans. Were you taking care of her? Yes sir. (Sending her money? Yes sir. Did you support your family while you were away? and I canx j five or six utiles ; in the neigh- j something like dirt road hut a litil,. more than that the way I had to go. That was going on how long? That was in December, how long did that continue? I’ntil the 20th—'you mean until the titix* six* left? Yes. when she went to Atlanta? Six* left the :Hst of January. She went to Atlanta the 31st of jJanuary? I Yes sir; on Thursday. 1 tow long did six* stay there? Six- staid there until the Oth of February. You went after her and brought her back? Yes sir. Where did six* stay from the 6th of February on? Six* staid with me at the hotel at Trough Shoals. You staid how long? W<* arrived at the hotel at Trough Shoals on tlx* night of the Oth, Feb ruary the Oth; and we left there the 22nd of March on the evening train. Tlia, was on Friday the 22nd? Yes sir. What did you all leave there for? For the purpose -the baby getting sick we were going to Hopedale, Mass., to live. Why were you going there? On account of this Deal matter. Will at Information did you get from hep about the Deal "matter, about when was it? You mean when I first, heard it? The first six* told you—what did you hear? The first time I heard anything? Mr. Sease; We object to that. I think it ought to come direct from Mrs. Mills. What, did you hear from Mrs. MilU? Between the fi>h. the time we ar rived at Trough and up until the 19th of February, she told me when she came over here to stand her ex amination that Mr. Williams and Mr. Deal had ruined her. Tell the whole thing? She sa ifi that Mr. Williams— The court: You are only dealing with Mr. Deal; not Mr. Williams. She said Mr. Deal—I can't give it straight— Mr. Sease; We object to mention ing Mr. Williams’ name. The court. Mr. Wi^ljams is not on tfial. The defendant is on "rial for killing Mr. Deal. Mr. Wilson; I do not think he is going to claim Mr. Williams ever was intimate with Mrs. Mills. He simply assisted and connived. It has not the meaning that Your Honor no doubt caught at first. The court: Having made that statement so far as Mr. Williams is concerned, the whole matter better come out. Defendant; She told me that Mr. Williams told her that if he was her he would not live with me any more. Mr. Sease; We object to that. Mr. Wilson; Leave out Mr. Wil liams. State what rfhe told you in reference to Deal. That Mr. Deal told her we was not lawfully in,allied and that he loved her and cared more for her than I did. and continued to say we were not lawfully married and that he loved her and as long as they were true to each other, why they would get along together and to not have anything more to do with me. That was the kind of argument he would bring to bear on her? Yes sir. Mr. Sease; Don’t lead him. She said she had used me wrong and it was not intentional that way, that Deal had persuaded her and that Mr. Williams had given her a ntont where Mr. Deal could come to "see her and came to her and told her she couldn’t stay in his room, that he wanted to stay i n his own room and he put her iu another room by herself and that Mr. Deal insisted on coining to her room and finally she consented for him to come—said she "’as unable to resist—1 know she was sick. What kind of sickness? Winy she had female trouble and six* was nervous? Yes sir. She said Deal came to her room? Said he came to her room and had intercom's** twice that night. She said h<* got up early and went out side early in the morning. After Mr Deal came out, Mr. Williams eanie there and knocked on the door he was drunk and talked like he was drunk- and wanted to come h*, told her he knew— Leave that out. Said the first night she was there she slept with Mrs. Williams and after the first night Mr. Williams would not l'*Jt her stay in the room with Mrs. Williams and gave her a room by herself—hen six* went away tiie next day. She said Mr. Deal offered her money, offered to give lx*r any amount she wanted, and of fered to take her and run away with her. Did six* say there was any further relations? She said she came back later; that Deal kept insisting on her coming back !lI *d six* came back, that six* fell under obligations and said that lx* told her if she didn’t come back lx* would t<*ll B. She said she came back, that six* came back one time to have tit** baby’s picture made and she went away and while six* was here that time that she went to Deal’s room; that Deal Insisted on her coming to his room on** da> at noon time and she went to his room and staid with him and lie had inter course with her there and she spent tit'* night there and slept in a room near Mr. Thai and lie came in her room again. Did six* tell you anything else? I asked her if Mr. Deal gave her any motley and six* told me yes, he gave her five dollars- said he offer ed to pay all the bills to Mr. Wil liams for her staying there. She told mi* about this $5. Six* told me on the night of the 22nd at my mother’s home, about the $5 when he gave it to her. She said whe,, he gave jt t,, he,- he was telling her good bye and left it in her hand. Six* said ix* often offered her money but six* would not accept it and when he told her good bye lx* had a $5 bill i„ his band when h<* was say ing good bye. Site was going where? Six* w:ts going lack to Blacksburg Sh,. told you those things? Y**s sir. What effect did that statement have on you? f didn’t know hardly what to do at tlx* time, [ was not at myself. You love your wife? Yi*s sir; | do love her. Is that tlx* reaso,, you didn’t cast her off because you loved her? She and tlx* child What did you and six* determine to do? I sat down and wrote to Draper Company to give nx* a job in the shop so I could he settled, so I would not he thrown it contact with any of her associates and mine, either one or any of my relations or any of Mr. Deal’s -people anyway. Live in nother country? Yes sir. You wrote for a job? Did they of fer you a job? Ye K sir; they offered m»* a job tool i making in the tool department. What preparation did you make for going up there? I carried my wife up to Spartan- burg that morning she came way on 42 to Grover. I went back to Trough to make out my time for the week and for the men who were working with me and make my report on the job. I mailed the report, made it out. That afternoon I came to Spartan burg on (he train with B. Y. Bush and several other gentlemen, went to the theatre ihat night. Saturday, the 22nd. waiting for 40. What time did 4<> get there? It was rather late that night. It didn’t get to Blacksburg until 12 o'clock. You spent the night at Mrs. Thom son's house? Yes sir. And your wife you say had gone on the day before to her mother's at Grover? Yes sir. You were stopping at Blacksburg for what purpose? To see Mr. Turner. What for? Regarding some land f had bought from him. I saw I couldn’t keep up the payment. You had bought some land on time? Yes sir. You had paid how much? I disremember. In th** neighborhood? Three or four hundred dollars. You owed some more money to him? Yes sir. You wanted to mk-e some settle ment about that land with him? Yes sir. Did you see Mr. Turner. Ye s sir. What did you do during that Sun day? Mr. Turner—I spent the night at the Thomson house and next morning I got up and came out to Mr. Smith Wliiliams’ where Mr. Turner was hoarding. Mr. Turner was her step-father? Yes sir; I came to Mr. Turner’s room and knocked at the door and went in and I was talking to Mr Turner, i said i intend to go ,j Hopedale, Mass. [ showed him my letters. You need not go into that conver sation. What did you do? Did you go down to the mill that day? Yes sir; late in the afternoon. What did you go there for? To see Mr. J. C. Foster. You knew him? Yes sir. Did you talk to him? Yes sir. What engagement did you make for the next day? H<* told me to come back when the mill was running, he could show me through thoroughly. Did you go down there next mourn- ing? Yes sir. State what took place. The n<*xr morning I intended logo to Grover and 42 hadn't come and I saw [ had plenty time a nd I thought I would go down there and see him and talk with him about different parts of tlx* mill. He wanted to show me some ball winders, some thing | had never seen running and I we n t down next mornin| about nine o’clock and | was going down there and Mr. Turner stopped at some house and I went on and I told him I would meet him at the train going to Grover with him on 42 and he said all right. I said j wanted to go down and see Mr. Foster at the ntili. Mr. Sease; Don’t say what you told Mr. Turner. You went on down to see hi%i? Yes sir. What did you do when vou got down to the mill? F went down to the mill. Mr. Fos ter had told me— Mr. Sense; We object. Mr. Wilson; I think it is compe tent, showing the reason he was hunting up Mr. Foster, the promise he ha,) made. Mr. Sease; We object. The court: He can state in conse quence <,f a conversation he had with Foster, he went to see him, if thiit is a fact, without going into de tails. Mr. Foster asked nx*— What did you go down there to se ( i Mr Foo’er about, leave out what lx* asked you? I went down there to tell him I thought about a man that would suit him for the engine room and do ma chinery work. H‘‘ wanted you to g»*f such a man and you thought you could get such a man for him? Yes sir I went into the engine room to see if he was in there and there wits no one i M there and I look ed down itt the holler room. I Mir some men around the holler, but I didn’t know any of them. I turned ’ight around out the engine room and came "tit on the platform to the end door up there and came in the '■nd door and looked in Mr. Foster’s office Inside the door to the right and opened the office door to se e if he was in there and he was not in there Then I thought probably he '.:ts down in the mill somewhere and I walk'd down through the mill to what I thought was the end of tlx* mil!, down there | saw a man there working around the carders with bis lack turned to me. I asked him, “You know where Mr Foster is.” and lx* said, "lip stairs, i think.” He said, “Is Mills your name?” I said “Yes;” he said. “Deal is my nme,” and then he asked me how Mrs. Mills was. Then it all Hashed over me, of what Mrs. Mills had told me. Then I told him I would like to talk to him. lao said. “All right, come on the outside,” and he went somewhere and spobe to a man; be said. “Wait until I get somebody to look after my work,” and he came back and started out I followed him and he went on out side. i told him. I said, “Mr. Deal, you have ruined my wife." He said. “How do you know I have.” I said, "\\Vll. I have got proof to prove it” He said, “j wont admit it nor I wont deny it; suppose I did, what are you going to do about it? I am six feet and can take my own part.” I told him, “Well, Mrs. Mills told me that ix* had tried to get her to run way with nim,” and he said that was a mistake, he did not try to get her to run away with him. Then by that time we was walking back there. Where were you when that talk took place? Down In the branch like. Then 1 heard 36 was late that morning, I heard it blow going towards Grover and I thought about my train then, and I decided to go on up and go and see Mr. Foster. I saw I could see him in time to get on 40 and go to Grover. We came on up there. I asked Mr. Deal if Mrs. Mills was well when she came over here and h 0 said she didn’t look like she was well. I asked why he imposed on her. and he said she canx* to his room. too. I asked if he went to her room first. He said. “Yes.” 1 asked him what did he give her five dollars for and he said because he thought she needed it, and said just let it go, I arn married now; he said. I sympa thize with you. I have got all the confidence in the world in my wife. I said, “Yes I did until you came to my home and ruined her. Hh said, ’ let it go. don't say anything about it any more.” He said, “I wont say anything about it. let It go. you say nothing about, let it go. if you say anything about it.” he said. “I will kill you” ami 1 slapped him. Slapped him down? Not exactly down, he kinder lent over like. Did he say anything about his abil ity to take your wife from you? Y'*s. sir. he said he could take her, i said he knew he could take her. Was that just before you hit. him. i Yes, sir. How is it you happened >o hit him? • Because he told me—he admitted that he was with my wife. What effect did that have on you? i I couldn’t control myself at all. I tried to control myself but I couldn’t. Had you been controlling yourself up to that time when you were down at the branch and were talking? Yes sir. Was if your purpose to leave him? Yes sir. Why were you going to leave him? Because i had promised my wife we would go to Hopedale to live. You wanted to get away? Yes sir. Did you have any other reason ex cept what you stated to let tlx* mat ter pass over? Ami my child. On their account you were going ! to let the matter go by until tha: last statement. Yes sir. When you knocked him down what took place? He kinder felt around for a rock or looked like he was feeling for .something and pulled his hands out of his pocket. He had his lands in his pocket all the time and canx* towards me and said I will kill you and I backed back off and thought I would shoot him in the arm so he couldn’t hurt mo with his knife. Did you believe he had his knife? Yes sir. Had you seen his knife tha' morn ing? Yes sir; lx* pulled out bis knife an,| took a chew of tobacco and was trimming his finger nails almost all the time wo were talking. When lx* finished that where did ix* put tlx* knife? In his pocket? When he took Ins hand out of hts pocket you thought he had his knife? Yes sir. Wtx*n did you pull your pistol? After I slapped him. after he started at me and said he would kill me. You did not pull your pistol until then? No sir. How far away were you when you shot, him? I guess some >s ix feet, six or eight feet. You continued to back? ; Yes sir. And he continued to follow you? Yes sir. How dose was he to you when you , fired the last shot? H,. was pretty close to mo. In a few feet of you? Yes sir. Wthen you fell how did you fall and how did he fall? I f«*lt my heel give away and as I fell he jumped right on me; a* quick as I fell he grabbed me in the throat, I pushed him in tlx* breast and tried to hold him back off of nx*. After you got awa,. a gentleman came uj, there with a pipe? Yes sir. Mr. Jacquemiu cam** with a pipe? Ye s sir. After you got away where did you go? (Continued on page two.)