The Laurens advertiser. (Laurens, S.C.) 1885-1973, March 17, 1909, Page PAGE TWO, Image 2
testified thai the bullel entered the
heud of Boyce about an inch above
ami two Inches hack of the right car.
and thai the skull was fractured, the
bullet entering the brain producing
death on Saturday at about twelve
OClock, twelve hours after the shoot
ing.
M iss JIurj Kvelj n Brow u.
The principal witness for the State
was .Miss .Mary lOvolyn Brown, who
was in the buggy with Thornwell
Boyce and Cot bran Plusou on the way
home from the parly al Mrs. 13. I..
Leavoll'si on Ihe night uf November
Oth. Miss Brown is ?mite a young
lady and was visibly excited when
Hrsl taking the witness stand. How
ever Iii r answers were (dear and
straight forward, conflicting in .no
wise. During .Miss Brown's testi
mony the court house was tilled to
overflowing. The bailiffs had dlfll
eulty In keeping the aisles (dear.
Upon direct examination by Solici
tor Cooper Miss Brown testified that
she had gone to a party at Mrs. 15. L.
Lea veil's just over the line In New
berry county; that she went with Miss
Dobbins and Mr. 01 III I!. I'itts. but
entne hack with I 'instill and Boyce In
order to "let Miss Dobbins and Mr.
Pitts talk." When leaving the party
she did not notice anything wrong
jn the behavior of either of the boys,
but about it mile up the road she real
ized that Plnson was under the Influ
ence of whiskey, but that Boyce to all
appearance was perfectly sober; that
Plusou was very rough ami rude in
his language and that siie protested
several limes, together with Boyce
who tried to make his companion be
lieve. Miss Brown said that Several
tines i'l.e asked the boys to 1-t her
out of lh? hug::./. I bat she would get
in with Mi-, lilts and Miss Dobbin.:.
Boyeo replied thin ! "Oh no! Bill!
will be alright in a row ihlnutds" re
ferring to Pinnen whom ho culled.
Blllle." After they had gone further
up the road they stopped to u( i noiiiq
J' ttit from, under the sen! ?.:' the buggy"
tinder Ihe cushion; thai both hoys cot
bill of the buggy, While Miss Drown
stood Up in the buggy. When they
started again on the road. I'inson pull
ed out his pistol and said. I am go
ing to shoot like hell." Both she and
I toy CO protested, she saying: "Oh
Cothrnn, don't do that, you will make
these horses run away." Hut I'inson
did not heed, and in a few minutes she
saw Boyce fall backward and out of
Cue buggy, dropping the lines. Realiz
ing that Boyce had been shot she
jumped out of the buggy and ran
IIhead to catch up with some others
who also were returning from the
party, and told them of the affair.
Then she went on to Mr. .lim Nl al*s
house. Where ll little later she was
called out by Mr. liosenian who stat
ed that Cot bra II I'inson wanted to see
her. At first she was unwilling to go.
fearing for her safety; however, when
Pinson's pistol was handed over to
Rosemau, she consented to go <>nt to ,
tii buggy and talk with him. I'inson
said! "Alary, you know I did not
shoot Thorn we) -he shot himself."
To which Miss Drown replied: "Coth
rnn, you know you did; you were the
only one shooting."
Mvery void of Miss Brown's testi
mony wa-i eagerly attended by the
vast crowd that thronged Ihe court
house, many of whom were ladies of
the city and the county. Miss Bl'OWIl
is a strikingly beautiful young wo
man, unusually stylish, with a sweet
voice ami winning manner. While
somewhat excited at first she soon
gained composure and answered the
questions with directness ami clear
ness. She is the daughter of Mr.
Richard W, Brown, a prominent far
mer of the Cross Hill country.
Ihe state's Case.
Building up its case, tie- prosei ut
iou calb d a number of Witnesses who
were at the party, or who were on ihe
scene alter the shooting. Among
these were Mr, Ii. ll. Oomlnlck, of
Nowberry COUllty, who was standing
near the buggy, in Which I'inson and
Boyce tame io the party, when ih<
two ho\ s were hitching up prepar
ing to gO home, hull that ho heard
ol
i
had torn up ouc buggy, whereupon
; i voice ? " Vi
and they will smash up another one
tbhlght." And then as the boys were
leaving he heard the same voice call
back. "Damn everybody."
Mr. I.. II. Senn was next called, lb
testified thai he heard Mlflf! Bl'OWIl te?
PinIJ0J1 that It was he. Plnsoil; that
had done the shooting. Mr. Sent)
also stated thai he hoard I'inson say
at Die party that he wouldn't go into
Supper for hell, ami that ha appeared
to he mad about something.
AI the party, Mis:; Drown went in
to Slipper With BoyCO, but ill Ihe hall
she met Plnson wlto said "I thought
you were going in with inc." Where
upon Miss Drown said that she had
already promised Thornw. II BoycO,
The State stressed thin point, indicat
ing that it was Deyce's good fortune
that CailSOd jealousy on the pari Ol
Plnson. made bin refuse to go into
supper and to cherish this malice.
Inflamed with whiskey, and give vent
to his madness on the road home.
Mr. T. II. Hill, who was among the
first to get to the body of Boyce next
testified tliat he found it. face down
in tiu' road mid that the buggy wheel
bad run over it. Boyco's cap was
about 100 yards down the road from
where the body foil Mr. Hill sent
for ii doctor having first told Plnson
to go. Plnson reply was "I don't
Hko to go" and be did not go. Oil
cross examination Mr. mil stated that
lie lived 300 yards from HlO shooting
and hoard tllO shots; said thai tl pistol
was round In [Joyce's pocketi full of
unshot cartridges.
Olill IJ. 1'lltS, with whom .Miss Mary
Bl'OWIl wem to tllO pari'., was in the
geepnd buggy ahead of Boy CO and
Plnson, hoard llvo shots and went
back in the s?eiio of the shooting, saw
the pistol taken from Boyco's pocket,
escorted the young Indies up to Mr.
lim Nenl's liouso whore Plnson Inter
came and called for Miss. Brown;
heard PhiSOII say. "Miss Mary you
Know I did not shoot Tlioi'liwcll," and
Miss Brown's roply.
Mr. It. A. Boyce, brother of the
deceased, testified that Thorn well was
2'' years old the day be died; Identifi
ed his brother's pistol which was
placed hi evidence.
Dr. Peffke, recalled, said bo removed
pistol from lloyce's pocket, togothcr
with $-15.00 in money and a pocket
knife. After Iho testimony of Mr.
Doniinlck, tin- state closed.
Bcicmliinf On The Slatpl.
Wade Cothran Plnson who gave his
age as 22 on next July, look the stand
in hi; own defense and testified for
30 minutes, preserving a cool and
colt. cied. demeanor throughout. lie
is of slight bllild, boyish looking, ami
an especially ruddy complexion. He
stilted that he com Idored Boyco his
best friend a! Cross lfill, with whom
he had nev.-r had a cross word.
Went with hin?, to the pound party it I
Mr/. I.cuveil's, that they bad no up.
, pleasantness w hatever, bin that bo
did 1)01 go ll)lo supper la cause In- had
brought nothing, not knowing that it,
was a pound parly. He and Boyce
took one drink of whiskey on the
way to Mrs. Leavoll's and together
with Mr. Ilosemail tool; two more,
after arriving. Denied saying thai
"the horses would smash up another
buggy tonight" and "damn everybody."
Boyce sat on his lap in the buggy,
between bis legs. Swore that Thorn
weil Boyce pinched him on the log
and told him to shoot, off his pistol,
which he did, even though Miss Bl'OWIl
begged him not to; shot twice out
ward and upward, then once down-,
ward holding t'ae pistol with both
hands. The pistol then Innig and
WOllld not shoot, so ho held it some
what against his breast with the bar
rel pointing upward toward the head
of Boyce who was on bis lap and
tried to adjust It,, that he had the
hammer under his thumb pulled back
a little, and as he so held it the
buggy dropped into a little hole or
rut and caused a jolt which dischar
ged the cartridge; didn't know for
some time that Boyco was hit. so
blinded was he from the flash, and
only realized it when Boyco fell from
the buggy and dropped the lines. He
drove oil to Rosotllail's buggy in fron:
ami stopped a little while returning
presently to the scene of the shoot in .:
w here he held Boyco's head and call
ed to hllll. tlieil lo- drove on to Mr.
dim N'ea'i's Where the girls were and
called to see Miss Brown. When SllO
enme out to the buggy ho sald"Mary,
you know I did not shoot Thornvvcll
Intentionally" and that if he did not
say the word "intentionally" ho meant
it. he was much excit.d. Testified
that he was not mad about anything
at supper or at any lime at the party,
tiiat vv hen tin guests were going in
to supper he met Miss Mary in the
hall and laughingly said: "I thought
you were going to supper with mo,"
and Miss P.iown replied: "No I prom
ised Thbrnwell first." And then Pln
son said: "Oil well. I was just .joking;
I don't Wafll Itliy supper anyhow."
Aft r talking with Miss Brown at
Mr. Neat's PlltSbl! said his fl'lotld
Bosemau advised him to go on homo,
he was mi wrought up and CXCltcd.
t; at ho would go for the doctor, Said
I ioj ce had tho whiskey.
On cross examination Plnson ndmll
t. ! that Miss brown protested again .
the latlgiinge ho iiHOd on the road
horse and to his shooting. Said that
in Coining on home after tllO shooting
he passed right by the doctor's house
bill did a Ol 'top.
Being recalled to the stand after
other testimony, I'lnson said that he
and Boj'CC lioi'i shot his pistol oft on
the road to lite party, each shooting
three times.
Mr. It. P. Wade, follow dork with
Plnson testified that he had seen the
plnlol used by Plnson about a week
before the shooting and that in exam
ining it found Ihn? It would Catch sonic
times in revolving.
In the course of the trial it was
shown that Plnson'S pistol Which was
a II Tolls WAS loaded w ith 38 specials.
The pistol was introduced in evidence,
Miss Marie i.oamnii called by the
defense swore Hint so rnr na she could
tell tliore wna no unpleasantness be
tween Boyco and Plnson at tho party.
TllO Arguments.
Five arguniontS were made In the
case, three by the defense and two
for the prosecution. The firm <>f
Ferguson & Foathorstoue was assoc
iated in the (lofonsu during the last
few days. Mr. Rlchey for the State
openod the argument before tho din
ner hour, and held that it was a mur
der, excited by jealousy. Mr. Black
well a young attorney at the Baut'dus
bar made a strong plea showing that
it was purely an accident. After the
reconvening at 3 o'clock .Mr Foathers
t?iio in a speech full of eloquence
and strength, argued tiial while it was
carelessness, it was not criminal care
lessness. Both young I'inson and
his father shed tears during Mr Fcath.
orstono's' argument. Following Mr.
Fcnthcrstono came Mr. J. M. Cannon
for the del 'tis<. who spoke forcefully
lot half an hour in behalf of his
client. Mr Cannon endeavored to
show that no malice existed in tho
heart of I'inson and that the act was
not even involuntary manslaughter in
that the discharge of the pistol that
hilled Boyce was purely accidental;
occurring when the defendant was Irv
ing to .adjust the hammer of the pistol.
Solicitor Cooper, for the State, urged
tho jury to view Cue facts ami Inquire
if it was not a culpable negligence
at the very least. He did not touch
on the jealousy theory advanced
Mr. Rlchey.
.lodge Prince's charge lasted 10 mi.
utes ami the case went to the jur
' at ."i: 20 O'clock.
. The Verdict.
At fl:55 Friday morning the jury, i
after remaining out more than 1(1
hours, brought in a verdict of guilty
of manslaughter with recommenda
tion to the mercy of tho conn.
Mr. Camion for the defense, at onob
gave notice of a motion for a m w
trial, which was heai'd later in the
surprised that a vordicl had boon i
agreed Upon, since the jury had stay
ed on; all night, thinking that tin
out-come would be a mistrial. It
is thought tint; tho verdict rendered
was a compromise, some of the 1
jurors holding for an acquittal and
some for plain mpuslnughter. How.
ever, the general opinion was that
manslaughter would b? the verdict. 1
Judge Prince charged the jury ver>
(dearly on the points of law relat
ing to involuntary ma:.- i ??- ;
lining the distinctions between acci- v
don I and death resulting fro:;. ?:, act :
in itself wrong, or "malum :<; SC."
The point that the try had to de- ]
cido was whether or not the effort <
on the part or young Plnson. who
was trying to adjust his plstcl, when
the fatal shot Was fired, constituted -
an unlawful act because of gross >
the i ? uli fa w ml >n disregarded '
Cam
for tin t argument 4
before ? . ? ? Mr. Cannon dealt
ilnm
?lud?? '? Fi Iday afternoon sen- j
? :r - Wade Cothrah I'inson
to ; ?? ? ? o years in the State (
jiei ? ? ? ; fo the killing of Thorn
well Boye* Co rtsel for the defense (
Will '? ? ';?. <? to the Supreme
eoui ? ?? hl< h I'inson is re
let ' : : - :.'] of $1,000, signed by i
bis faibej i uncle. The appeal
will \id ? ?? i ?: on alleged errors In the (
ruling) ; ? . charge of the presiding
judge. V'oti) u' I'inson received his <
sentence without any change of ek
pn don, he to all appearances be
ing unaffected.
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S
STORE
Laurens,
C.
SUMMONS POM ItKI.IKP.
State of South Carolina,
County of Laurent,
Coin t of Conunoh Plonsi
13. \V. Martin, Plaintiff, Against Louis
ville Nashville Uniiroad Compa
ny, Defendant.
To the ilefentdant above named:
You are hereby summoned and re
ijulred in answer the eoniplninl in the
nhove stated action, which was filed
in the office of the clerk of the court
pf comhion pleas for the county of
Laurens, in !!:?? State of South Caro
lina, on the 'lay of February, 1?0D,
?. i serve a copy of your answer to
h said Complaint on the subscriber,
F. 1'. McCowan, at his office at Lau
rel South Carolina, within twenty
i iys from service hereof, exclusive
if the day of such service: and if you
to answer the said Complaint
rithill time aforesaid, the Plaintiff in
.: action win apply to the court for
relief demanded in the Complaint.
Dated Laurens, S. c. ?*. day of Peb.,
P. P. McOOWAX.
SKALi Plaintiff's Attorney.
JOHN F BOLT,
C. C. C. I'. L. C. ^. C, 31-Ct
*
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Anderson
&
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BROKERS
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The Switzer farm, 2.5t> acres, on easy
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The James T. Hrownlco tract 82 3-4
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Kino livery stable on Mill street, very
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Three hundred and fifty acres, miles
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