The Laurens advertiser. (Laurens, S.C.) 1885-1973, March 17, 1909, Page PAGE TWO, Image 2

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

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. Special sale of BmbrolderloH during Happy Week. The gr ntest values W0 have ever offered. I )av is-Roper Company. The money ;i man has the more he is abused- -and Unless ho cares. if you are not satisfied with your lot, start a real estate hoom and sell it. Never show your dislike unless there i,; d point to be gained, (hereby. AFTER THE GRIFFE "Vinol Restored Thio Man's Strength "Several years ago I was attacked by t severe COftO of grippe, Which left IllO ?with a hacking cough, sorenecs in my chest, ami bronchitis, I took nearly every kind of cough syrup sold on tho market, beside, medicine given me by physicians. i received no permanent rollet until my druggist asked mo to try Vinoi, r.nd after taking three bottles I was entirely cured. I believe Vinol to be the greatest blessing ever offered to the public, na it does what 18 claimed for it." R. U. It. UlckS, MaplcsTille. Ala. The reason Vinol cures chronic COUghs, colds and pulmonary troubles Is because It. contains tonic iron nnd nil the henllng and body building ele ments of cod liver oil but no oil. Vinol Is also unexcelled as a strength builder for old DCOplO, delicate children, weak r.nd run-down persons, and after sickness, VINOli is sold in I.aureus by The bU Ki:\s DKU0 COMPANY. Beardless Seed Barley, Unknown Peas, Red Rust Proof Oats. I Cole Guano I Seed Drill Tin's combined Distributor and Seed Drill saves you time, work and money in putting in fertilizers for cot ton, also in drilling small grain, insuring a good yield of cotton and abundant harvest of grain. Come and tret one at 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 * EDIBLES * FOR ANY TIME * Seedless Raisins, Currants, Citron, Shredded Almonds, rBT f!) Furs, Spices, Extracts, etc. *2" TV* for the cake Cluster Rai- ji/ ^ sins. Cranberry Sauce, or Ma fresh Cranberries, drape ?*}? ^ Fruit, Oranges, Apples, Hh ?Hh Bananas, Pineapple, Mal aga Grapes, all kinds of Nuts, fresh Celery. Chocolates and other Con ?A? fectioneries always kept <>n hand. See us when you want toothsome dainties. I Kennedy | * Bros. I Was Not Overawed.?--The Now Min ister Do you know who i am, my little man? lilttb Billy- Cerlnlniy. Don'! you know who you are? San Francisco i Bulb lhi. Koresluhl. Mrs. Snhurhnttite l made arrangements with two cooks yest?: relay. Dubby (astonished)- Two cooks! Mrs. Suburbanite?Yes; one is to come tomorrow, and the other in two we., ks.?rPick.Me-Vp. Ill Ideal Cough Medicine. "As an ideal cough medic ine I re gard Chamberlain's Cough Remedy in a class by itself." says Dr.II. A. Wilt shire, of Gwynnevllle, Ind. ".! take great pleasure in testifying to the re sults of Chamberlain's Cough Medi cine. In fact. I know of no other preparation that meets so fully the expectations of the most exacting in case a of croup .and coughs of children. As it contains no opium, chloroform or morphine it certainly makes a most safe, pleasant and etiicncious remedy for the ills it is intended." For Bale by Laurens Ding Company. Anderson & B!a BROKERS 200 acres of land wltlitn '-Mj mt ? ?? of Laurcns, 011 Clinton road: cul Ii 10 f?0 acre tracts. R?ch tract has it cottage on it. it's good land?will I make a balo of cotton per acre i Terms easy. I 75 acres 1J miles of Laurens ('. ii I on Milton road $2,000. House and lot on Hampton street. The Switzer farm, 2.5t> acres, on easy terms. The James T. Hrownlco tract 82 3-4 acres, m ar Warrior Creek Church. Kino livery stable on Mill street, very ? low and one-half cash. , '.?7 acres of land within one-fourth ' , mile of Watts Mills. From one acre lots up. Cheap. Three hundred and fifty acres, miles from town, half in tine timber, $15.00 per acre. The prettiest place in Fountain Inn I at a bargain?$3,000, :!n*_' acres in two tracts, en Duncan' crook, near Gnrlington station. 146 acres near Ware Shoals, finely improved and in high state cultivation. Pi! 1 acres near Tumbling Shoais, high state cultivation, with six-room dwelling. 132 acres between I.aureus and < ton at a bargain. We have that magnificent farm known as the Van Robertson farm,near Waterloo, 244 acres nt a bargain, and , very easy terms. 313 m ios near Waterloo, the Am: :. :a i oleman place. i 600 acres near Stomp Springs, ( to j best bargain of them nil. M - '? One six-room house and lot Oll 1 1 mg street at a bargain. '.?7 acres, the Bovd farm at ft Ts Mill, $1000; one-half cash. 200 town lots at all kinds of prices. One lot oil X. Harper St., nice U lld lllg lot, between Steve Taylor's and .). 1). Sexton. Come and see us for any kind of real estate city or country. 25 H. P. Boiler and 35 H. P. Engine and Brick outfit cheap, in good shape. Two houses and lots near I.aureus, cotton mill store. Anderson & Blakely Brokers West Main St. LaURKNS. S. C. With the coming of Spring we wish to invite our friends and patrons to inspect our f| exquisite line of 0 jfWt?merp Every section of our Store joins in a superb showing of Spring Styles. In the exposition of Silks, Notions, Suitings and fine Wash Materials we are pre-eminent. As to EashionabJcTrimmings, Exquisite Laces and Embroideries they are here in riotous pro fusion. And the dainty Undermuslins and Negligees for grown ups, the endless variety of all ready?lo= put-on-things for infants and children, to say nothing of Shoes, Hosiery, Gloves, Neckwear, Rib bons, etc. See for yourself how we meet every demand from a fashionable and economical stand point. f t SW1TZER COMPANY LEARN THE WAY.