The county record. [volume] (Kingstree, S.C.) 1885-1975, March 27, 1902, Image 1
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VOl,. XVIIL KINGSTREE, S. C., THURSDAY, MARCH 27, 1902. NO. 13 !
Positively No New Di
IB I HIT
SUCH ISTHE VERDICT RENDERED
BY HIS COUNTRYMEN.
* r-" kit f?vrit?W Unnrsce
dented Interest Throughout
' Williamsburg County.
Seldom or never in the history
of Williamsburg county has a trial
in court excited such widespread
interest or attracted so I a rue a
croA'd as lite caso of the State
against Mason Davis Nesmilh for
the killing of Eli Sauls at (Jades,
?S. (J., on the afternoon of February
7, 1902. which was began
on Wednesday morning of last
week and concluded Friday afternoon.
Many circumstances combined
to make this an unusually
interesting case. Both Nesmith
and Saul* represented prominent
families in the county... The deJvndaat
is a yeusg man on the
threshold of his career, and as
was conclusively proven frern the
evidence adducled in court, it
would he a difficult task to find a
A * I- I ?
man 01 his age wnu * wuci icijutatiou
or who enjoys the esteem
nod friendship ef a greater number
of people. Then, loo, the
powerful counsel on both sides
increased the interest in the case.
With such men as John S. Wilson,
J. Monroe Johnson and LeKey
Lee ( conduct the prosecution
and ex-Judge Joshua II. Hudson
and John A.Kelley representing
the defense, a hard-fought
intellectual battle was anticipated,
atid a contest involving the clash
of brilliant minds arouses an interest
second only to the actual
din of a physical combat. Those
who expected a battle royal between
the distinguished advocates
were not disappointed, for the arguments
presented to the jury
by them on Thursday and Friday
were among the finest ever
heard in our historic eld "Temple
of Justice." Each side ieught
- - ?
stubbornly tor every poinr, ana
each speaker in turn was listened
to with the most profound attention.
The jury, which was selected at
10 o'clock Wednesday morning,
was as follows: J L C Moore,foreman;
J D Cox, Lennie Howie, 8 8
W Courtney, W H McUhee, I L\
Mouzon, J ACockfie!d,J A8cott,
It E Blakelev, W C Tutle. J Ed
Coker and R B .Smith, and it
is generally conceded that as a
whole it was an exceptionally intelligent
body of men.
The evidence was concluded
Thursday rooming and LeRoy
Lee, Esq., led off for the prosecution.
in a speech of 30 minutes
Mr. Lee presented his side of the
case ably and well. He reviewed
the testimony and claimed that
the course of the bullet itself contradicted
the position Sauls is
said to have taken when shot?
with one hand reaching toward
his hip pocket. Although at leant
a score of years younger than the
othtr attorneys Mr. Lee's speech
according to its length, compared
favorably with any of them.
Following Mr. Lee came Capt.
Kelley for the defense. Of late
years Capt Kelley's services have
been pretty well taken up with
civil business so that it has been
some time since he addressed a
jury in a criminal case. On this
occasion he showed that he has
lost none of his old time vigor
and eloquence and those who
know him best say that this
speech was one of the finest
efforts ef his lile. Certainly it
made a most profound impression
n Doth the jury and the crowded
court room, lie held ap in contrast
the character of Nesmith
and Sauls; a veritable host of
isplay Advertisements VI
witnesses having testified as to <
the one being quiet, peaceable
and law-abiding and to the other
as vioient, quarre'some and tur- 1
bulent. Is it probable that such I
a man as Nesmith would shoot 1
down a man like Sauls without <
provocation? He referred several J i
' AL.. /IinliMnm'oKexrl ^AllVitnP I
HIIICS lit II1C UIBIIII^Uinucu O'Jmvmvi
of the 4th Circuit, whose ability ?
as a prosecutor was recognized by i
everyoae, and under the terrific 1
Ore of whose cross-questioning an i
angel from heaven, invested in all 1
itn habiliments of purity, would I
be made to appear to a human c
jury as guilty of equivocation, c
Mr. Kelley then reviewed the testimony.
All the witnesses save
one testified lavorably to ftesmith.
That one exception he could account
for on the ground of por- .
sonal feeling and business rivalry 1
between him and the Nesmiths. I
Dying declarations are only to be
taken as other evidence even in 2
V A
the best circumstances, in mis r
case the deceased had made three v
ante-mortem statements, and was
besides under the influeace of (
morphine at the time. ('apt. ]
Kellev closed his argument with c
an effective peroratien. T
Solicitor Johnson spoke next 'j
for the prosecution. He made a j
powerful appeal in behalf of the t
dead man. The blood of Sauls j
cries out to veil and his helpless v
widow and six little children loek ]
to you for justice. The honor of c
the State is at stake and it rests v
with you to vindicate it.' The im- J
pression that in South Carolina a c
prominent man can shoot down another
and go free is a mistake,
although as a matter of fact
human life is too cheap here. ^
He then took up the case and
gave his theory of the homicide,
ingeniously lining one circum- j
stance into another and weaving
them into a chain, lu a criminal j
court Solicitor Johnson is one of
the most logical reasoners ir j
South Carolina and his effort was
brilliant and elaborate on this
occasion. At the close of Mr.
Johnson's speech, which lasted
until after dark, the court toek a
recess until Friday morning when
Judge Hudson spoke tor ihe defense.
He said he was no stranger
here, having been presiding judge
on his last visit. Now he come
occupying a position than which j
there is none more responsible in
human affairs, in that it invelves <
the issue of life and death. He
took up Solicitor Johnson's argument
and addressed himself to re- j
plying to it. He declarel that
there was as mnch sentiment on
Mesmith's side as on the dead (
man's. He felt sorry for Mrs.
Sauls and her six fatherless chil- j
dren but are net the prayers of a
widowed mother and the teach
ins devotion of a twin brother
equally as conducive to sentiment?
The tacts in the case would excuse
the homicide and he cited numerous
authorities to sustain any
legal ground that he took. Judge
Hadson's speech was character
ized by feeling, close reasoning
and a thorough familiarity with
the technical law involved. His
speech took well and many of hitnf
old friends here were delighted to
1 *? ? ? n t?/? tri trAf_
see mm sv uaie, u?n> nuu
out and in the lull possession'Df
his extraordinary faculties as a
jurist.
The last speech for the prosecution
was made by Solicitor John
S. Wilson.
Those who know Mr. Wilson j
are fully aware that he never '
shirks a doty or responsibility. In {
this case he was, -as usual, thoroughly
ia earnest, and tor nearly
two hours held the jurors' closest
attention, lie emphasized every
point brought out in the prosecution,
aid when the dead man's
rill be Received, or Old
clothes were produced the scene
was dramatic.
At exactly 3:27 o'clock the jury
went into the room after the judge
bad delivered his charge, which
*88 clear and concise and differentiated
closely between murder,
nanslaughter and self-defense.
At 6:30 o'clock the jury returned
i verdict, of "Not guilty," and the
waiting crowd began to applaud.
1'heir demonstration being nipped
n the bad they crowded around
dr. Nesmith and congratulated
lino most fervently. Thus ended a
:ase that is destined to be me rotable.
?
Cades Chronicles.
Mr. L. Hatchel, of Effingham,
s on a visit to friends at this
)laco.
Mr. J. A. Campbell of Elm City,
C., has been relieving the ope
ator, W. A. Creech, for the past
veek.
W. M. Smith and W. C. Mum,
if this place went up tj Evergreen
Friday to take in the closing sxeriises
of the Evergreen school
vhich took place Friday night,
rhe entertainment was given by
diss Margie Righam, the efficient.
eacher. The admirable manner
a which the occasion was carried
>at reflecled much credit on Alius
3igliam and her pupils. We se:ured
a copy of the program for
rou, Mr. Editor, it yoj can find
pace for it. It will deubtles be
>t interest to your readers.
Welcome, by the school.
Evening soii^ and praver.
Recitation?"The Little Pet
iirl."
Recitation?"A Gift."
Song by school ? "Hold Your
iight Hand Up.
Recitation?"Good Afternoon
iolks."
Recitation ? "What I have
^earned."
Recitation?"Little Midget."
Recitation?"Tight Times."
Song; by school?"Scatter Sunhinp."
Recitation?"Catch the Sunihine."
Recitation?"Something New."
Dialogue? Week's Workers."
Dialogue?"P'ay'rg Store."
Dialogue?"The Biggest Lie."
Recitation?"The Two Little
2abes."
Song, by school?"Jolly Old
St. Nicholas."
Recitation?"Joseph us."
Dialogae ? ki Tom s Practical
foke."
Dialogue?"Oh! D.ar."
Dialogue?"Miss Fdith helps
hings along."
Dialogue and sor.g--"Which
lad van rather be."
Song, by school -"Follow Me."
Queen and May-pole dance.
Dialogue?"Parting Levers."
Fan drill.
Recitation-"Biil Mason's Ride."
Song, music and song.
~ V Tu a VUAF
, J ^ ^C>n J el|f?J
ijj preserves Rr. i plcklo ad R5
!C3 a thi a c.allii n?
I FUSE BER?*D I
1 mmnt I
u?*Tul in n dozen other a> .bout the ^
bouee. Full dtrtctloin l:i pacfca?e. gl
Ones Changed, Later Tha:
S5.000W0RT
At 25 Per Cer
We have decided to retire from thf
we may devote the entire time to the ]
Business, and in order to close out our:
our entire stock of Clothing and Gents'
We would also impress the fact upc
our stock of
Staple Dry Goodi
Shoe:
Was never mo.
We will give personal attentl
W. E. JENF
Ma
?i i as
| Patronize Hon
To the Truck Growers of}
joining Counties?
*1 am running my Veneering Machine
on full time and have now on hand
7,000 STRAWBERRY (
Am prepared to supply all deman
now working from twenty-five to thirt;
manufacturing
Bean Baskets, Crates for Squa
Vegetable raised for Si
Send In your Order* and they will
/D^"Mesrss. Green A Epps are my age
trusted to them will receive prompt att
I I A/I />C
Ui u- ivi* var
Observed at Outland. k?
Yc
Mr. and Mrs. D. D. Uhem and
little daughter left March 10th sa]
fer the Ivory City to take in the in?
CI uueiuui:.
Miss F. Edith Conner, of Char- an
lesion, after spending some time cw
with Mrs. F. Rhem,returned home '<>?
on the 11th, to the regret of her
many friends and admirers.
Married, at Muddy Creek church a
Sunday, March Oth, at 11 a. m.,
Mr. Charlie Barrineau, of Georgetown,
and Miss Lottie Huggins, of nn
Venters.
Messrs James Munnerlvn and in
L. F. Rhem of Choppeo and thi
Rhems, respectively, alter pur- wa
suing a business course at Rough- Jo
GRAND OPENIN
SPRING CLOTHIN
f U A TC AMn
Mi/-If k-7 /li T tr
FURNISHINGS.
You will find here the very newest
up-to-date Suits, Furnishing Goods
Hats.
We make a specialty of extra-size j
and Slim Suits.
On receipt of your letter we will i
you swatches of Suits if you are inten
| in any. In our tailor department we 1
i over 500 samples for you to select your
or extra Pants from.
I Suits made to your measure from $15 t<
! Pants from $3 to 12.
j All Mail Orders promptly attended)
~ special salesman.
' i^r Mo Birowci
: GBANITE CLOTHING HOUSf
i
I Opposite Academy of Music.
! 224 Klag Street, CharleiUn, S. CJ
n Tuesday Morning.
ICL0TIDT6
it Discount.
I >
i Clothing business in order thai
Dry Goods, Shoe arid illinery
stock of clothing quickly We offef
Hats at 25 percent discount
m our Williamsburg friends tha
s, Millinery,
s and Notions
re Complete.
Ion to all orders sent ns.
CINSON.
nning. S, C.
, rf_ , . , i ?i
ne Industry. }
Williamsburg and ad
- ' <1
e at plantation near Cades, S. * *
URATES AND CUPS. . .J
,ds and meet competition. Am
y-five employes daily.- I am also
XI
tsnes ana Tor every oiner
lipping Purposes. ^ a
\ be Filled ok Abort 5r?llee<
>nts at Lake City. All orders enention.
mHAM,
Cades, S. C.
ep*ie business college, New
>rk, are at home again.
Mr. D. W. Simmons, a popular
esman ol Messrs W. C. Hem;way
& Co., hts accepted a
si I ion with Messrs, Cook & Co.
d will be pleased to serve all
stomers.?Cor. Georgetown Out
>k.
M
Vinegar as a Solvent for Glue
For all the fish glues vi negar is
;ood solvent. When gluing a
jce of woodwork, if any particles
glue get on places where it is
t desired, wet a bit of cloth with
legar and rub it off. If the glue
the bottle becomes too thick,
in it with vinegar rather than
iter.? March Ladies' Home
urnal*
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