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THE GILLIS TRIAL. Eye Witnesses Describe the Shooting of McRae Whitaker at Ancrum Boykin "s Store in Kershaw County. ~ Camden, October 3.-This morning J. E. Gillis was placed upon trial for the killing of John McRae Whitaker on the 9th of April, 1904. This case has gained notoriety for two reasons; because of th^ prominence of the family connections of the deceased a$ad because of the number of consec? utive continuances secured by the de? fense since the first true bill of indict? ment was found by the grand jury on account of complications arising in the case, growing out of multitudi? nous motions involving the legality of the grand jury which found the first true bill. Three separate bills of in? dictment have been passed upon by grand juries. Six eminent attorneys are engaged in the cose, four for the defendant and two for the State. Soon after the homicide was com? mitted Gillis applied for bond, which was refused. Since then interest in -the case has been increasing day by day, which has been evidenced! by the discussions heard on every thorough? fare of the county; and as was natu? rally to be expected when the case was entered upon today, the court? house was quickly filled wich an enor? mous crowd. The panel of jurors in regular at? tendance was exhausted after ll jury? men liad been selected and it rquired the drawing of two extra venires be? fore the twelfth man could be agreed upon. The taking of testimony commenced at 3:30 o'clock and when the hour of adjournment was reached four wit nesses had ben .on ? th)e stand and their evidence covers the State's side of the case and a full sjpiopsis of each is given herewith: The first witness was Dr. J. T. Hay,. Jr., who described the wound which caused the death of McRae Whitaker. J. J. Barfield, white, was an eye? witness and was a* moment or two preceding the difficulty in conversa? tion with J. E. Gillis, when Whitaker came up with Ancrum Boykin in a buggy. Whitaker said he could not fight two men (meaning J. E. Gillis and his father, J". A. Gillis, ,who was . also present). Both the Gillises re? plied, "You won't have two men to , fight." Whitaker spoke about fighting ? Gillis a fair fight and Gillis said, . "Dam it, wewill battle it out, shoot it out." They both pulled off then* Coats and WJhitaker said he would fight him > fair. About that time I saw Gillis* pistol and Whitaker pulled out his pistol and Ancrum Boykin told them ? to-stop, not shoot it out, and Whita? ker told him he would give up his pis? tol and fight fair and he reached over as if to hand his pistol to Boykin and J. E. Gillis shot," said the witness. "Heard two shots and Whitaker's knees gave way and he fell; did not see Whitaker shoot." The most im? portant witnesses for the State were Mr. Sam Boykin and his son, An? crum, who stand socially as high as anybody in the county, and whose ve? racity and integrity cannot be im? peached. When Mr. Sam Boykin took the . stand every word of his tes? timony was listened to with intense interest. He testified substantially as follows: "On the evening of the homicide I had occasion to go to Boykin's station to my son, Ancrum's, store. As I got opposite the postoffice I saw J. E. Gil? lis and J. A. Gillis standing in a very threatennng attitude with their hands in their hip pockets. I saw that a difficulty was impending. My son, Ancrum, Mr. McRae Whitaker and Mr. Barfield were there. I drove on until I got opposite the depot plat? form, I jumped out of my buggy and went where they were. My son was telling them not to use any pistols, but to fight a fair fist fight if they would fight. Whitaker said he would fight any way and Gillis said he would fight any way. Ancrum told them if they were going to have a fair fight tb hand up their pistols, that he would take the pistols, and McRae Whitaker put his hand back to get his pistol and he turned to give it to Ancrum and J. E. Gillis moved suddenly across to Whitaker's left and said, *Xo, damn it, we will battle it out,' but just before that, though, both had pulled off their coats, as I understood to fight a fist fight. Just as Whitaker started to turn, the shooting commenced by J. E. Gillis. Two shots were fired and Whitaker fell. As he fell J. A. Gillis made one step forward, pulled his pis? tol and leveled it on Whitaker, when I grabbed his pistol and wrenched it out of hi? hand. When J. E. Gillis shot Whitaker my son grabbed Gillis and said to him. 'For God's sake don't shoot him any more, he is dead now.' Whitaker was then laying on the ground." In describing the position in which Whitaker held his pistol witness said he very deliberately put his pistol out with the muzzle pointing to the ground and gave it to Acrum. who hesitated to take it, saying no, it J would not be fair to take and would not take it unless J. E. and J. A. Gil? lis gave up theirs, and then it was Gil? lis said: "No, damn it, we will battle it out," and shot. "Whitaker did not fire, as I saw*," said the witness. Ancrum Boykin corroborated his father in all essential details of his testimony. He said: "I was in my store and Mr. McRae Whitaker dr?>ve up in front of the store and called for me. Went to his buggy, and then I walked to where the Gillises were. The two Gillises came towards each other with their hands in their pock? ets as if in an attitude to fuss with me. I said to them, 'I am not armed, I have come here to stop this fuss. It must be settled peaceably.' They did not address me at all but looked to? ward Whitaker, who was back in the buggy and they said, 'The damn fuss is settled as far as we are concerned, we have had our satisfaction; if you want satisfaction come and get it.' Then I looked around and I saw Whitaker getting out of his buggy and I stopped him and I said again, 'This fuss has got to be settled without any shooting.' The two Gillises were stand? ing there with their hands in their pockets. Whitaker had not put his hand in his pocket; he walked up calm and cool, his hand swinging by his side. I insisted that the trouble could be'settled without shooting and that both men should give me their pistols. J. E. Gillis said he woud fight any way and Whitaker said he would fight any way. I got in between them, and asked for their pistols. J. E. Gillis drew his foot across the ground and said, 'Damn it, of you want to fight cross that line.' Whita? ker looked as if he did \not want to fight. I was still calling for the pis? tols. Giilis said he woud give up his pistol and Whitaker said he would give up his. . Whitaker came by me and took his pistol out of his pocket and handed it across to me. Reached out my hand for it. Ed Gillis pulled out his pistol and J. A. Gilis said, 'Don't give up your pistol,' and J. E. Gillis said, "*Xo, damn it, ,battle it out,' and fired two shots and Whitaker hit the ground. His pistol dropped out of his hand. J. E. Gillis ran around with his pistol to shoot again. I scuf? fled with J. E. Gillis to keep him from shooting any more. I said, 'For God's sake, don't shoot him again, he is dead." The jury is allowed their freedom during the progress of the trial, and will not be kept in confinement or to? gether during adjournments from day to day until the judge has given chem his charge. This is Judge Gage's custom and he stated to the jury this afternoon that be would not depart from this rule in this fase, as he had every confidence in their integrity. All other jurors in attendance up? on court have been discharged umil Friday morning, as this case will con? sume at least three days. Camdtn, October 4.-When court convened this morning R. W. Porter, one of the jurcrs in the cast against J. E. Gillis for killing McJiae Whit? aker, did not answer to his name. It was reported to the court that be had been waylaid the night before and ni? skull fractured, and was. there fore unable to be present. The court thereupon adjourned unsil 3 o'clock, when the condition of Mr. Porter wts reported by the attending physicians to be such that he could not serv=j, and wonid bave to be taken to a*hospi tal for treatment It was agreed be? tween counsel for the State a Ld tbe dateuce that a juror be substituted from the last venire dra*u yesteiday. R.. B. Williams was then substituted for Porter. The court instructed Stenographer MacFeat to read over the testimony in order that the twelfth juror might get the benefit of it. This being done, Mr. Ancrum Boy kin was put upon toe staud and crots exauiineo.' Bis testimony upon cros? examinatiou did not vary from his direct testimony in any material points. After cross-examining Mr. Boykiu the court adjourned until to? morrow morning. Camden, Octo. 4.-The Gillis case, after its many continuances by the defense since the commission of the j homicide IS months ago, and the un avertable delays this week since the j commencement of the trial on Mon day, is now nearly at its end. as its conclusion will be reached tomorrow evening. The State closed its testimony at ll o'clock this morning and the defense proceeded at once with its evidence by putting up the defendant, J. E. Gillis, as the first witness. He was on the witness stand for two hours. As soon as it became known that he had been placed on the stand to tell his side of the killing Main street practi? cally emptied itself into the court house. He denied almost in every par? ticular the testimony given by tho. State's witnesses. It is now up to the juiy to reconcile th-.' diametrical dit ferences and by their verdict say which version of the killing they ac? cept. VOA- State's evidence, if ac cepted by th<- jury, will convict the defendant of unjustifiably taking the life of John McRea Whitaker. If they accept the defendant's plea of self defense as narrated by him they will acquit him. The defense put up five witnesses besides the defendant, but only one f>i these claimed to be an eye witness and her testimony was not as strong f. li? the defendant as it had been pro? claimed it would be. In one or two particulars she was contradicted by the State and in one material matter she failed to accord with the defense even to the extent of contradicting the defendant and corroborating the State's chief witnesses in saying that it was proposed by Whitaker's side to have a fair fight. { Five hours only were consumed : j the examination of the defense and ' was a surprise when counsel for d< ; fendant announced that they had r more evidence to offer, and it was als a surprise when they did not offer < a witness J. A. Gillis, the father of , E., who was along with his son at tr. time of the shooting. The State the put one witness in reply and the ev: dence in this case, whch has becom a noted one in this county, was closer Five arguments will be heard tomoi row and the case given to the jur for final judgment. On the reconvening of the court thi morning Mr. Ancrum Boykin, th pricipal eye witness for the State, wa still on the stand. At the conclusio of his testimony two witnesses testi fied that they heard only two shot at the time he was shot were put i: evidence. The State at this point rested it case and J. .E. Gillis, the defendant was sw'orn. He testified that on th 25th of February fire had/'gotten ii J the woods of Mrs. Haile, on whos j premises Mr. McRae Whitaker lived that he was helping to put same ou and Whitaker waked up and askei him how the fire had gotten out. Th? I witness said he replied. "I do no know; my father is having nev (ground cleared and it might have go lout from there, but I don't know.' Whitaker turned and walked off to wards his home. "I did not have an: idea he was coming back," said th< witness. "Met him as I was going fron the fire. He hollered at me, 'Gillis, i? the fire out?' I said, 'Xo sir.' He said 'Wjhere are you going? Ain't you go? ing to fight any more. I said, 'Xo, ] am going to dinner, I am tired.' Ht said, 'You are a1 h-1 of G-d fellow to put fire in a woods and won't fighl it out.' I said, 'We did not put it out, He said, 'You did do it.' And he further said he had no use for me. He was'an overbearing man and ] tried to keep out of his way. On the morning of the 9th of April I left home about 10 o'clock with my father and came to Camden, driving one of his mules to a buggy. In Cam? den I went to'a barber shop to get a shave and haircut. Whitaker walked in and to avoid him I walked out, and father and I started home. About six miles from town we stopped at a spring t o get a drink of water. I had no idea of seeing Whitaker any more that day. He drove up while we were getting water and he said to my fath? er, 'You are blockading the road.' Father told him that he thought there was plenty of room for him to pass but he would drive further out, and he did so. He said to me, 'Ed Gillis this is the first day I have seen you since you put the fire in my woods,' 11 said, T did not put the fire in your woods.' He said, 'I have been in I formed you did and I'll be G- d ! if I don't believe you did.' I said, 'Xo, I didn't do it and I think you owe me an apology for the way you treated me at the fire in the woods.' He said, 'What in the h-1 did 1 dp to you?' I said, 'You cursed me and threatened to kill me.' He said, T don't carry a pistol.' I saw his pistol right -then sticking out of his pocket, and I said, 'You have a pistol in your pocket now.' He said, 'Yes, I carry one on an occasion like this.' My father said to him: 'Ed did not put the fire out in your w'oods, I sent him there, told him to' get hands and put it out.' Mr. Whit? aker then said, T have been misin? formed I reckon, I owe you an apolo? gy and will take back what I said. I said, 'All right, I am done with it, the matter is settled with me.' He said, 'If I have been misinformed I am also done with it.' "WTe finally went on and Whitaker got out of sight. We got to Boykin station and went to the postoffice and Mrs. Reese handed me our mail and we started for home. Heard some? body call. 'Ed Gillis, G-d d-n it, hold up; we are going to settle this d-n fuss right now.' It surprised me. I looked back and saw Whitaker and Ancrum Boykin coming rapidly. Whit? aker had a pistol in his hand. He said, 'I will battle it out now. it has got to be settled,' I still remained in the buggy. Ancrum said, 'Ed Gillis, G-n d-n you, get down, this thing has got to be settled now.' Whitaker said, 'Yes, G-d d-n it, we are going to settle it. I jumped out of the buggy and said, 'Gentlemen, this matter has been settled as far as I am concerned.' Ancrum said. 'Xo, G-d d-n it. it has got to be settled now.' Whitaker said. 'It is not set tled '>vith me. I am going to have sat? isfaction.' "He had his pistol in his hand. Whitaker shot first and I shot twice" Mrs. Mattie Reese. Mrs. Mattie Reese, who was the postmistress at Boykin station at th-.* lime of the difficulty, and who has fig? ured in the case in the matter of de? fense securing one or two contin? uances on account of her absence from court because of illness, was the next witness sworn for the defense. She is a very delicate looking young woman and has not as yet fully re? covered from an operation which she had to be subjected to in a hospita] at Nashville. Although suffering physi? cally she gave her testimony in a clear voice and with emphasis. Her testimony was as follows: "On the afternoon of April 0 I was ot Boykin station when Mr. Whitaker 'drove up in a buggy toward the depot. Shortly after J. A. Gillis and his son, J. E., rode up to the postoffice and asked for their mail. I gave it to them and they rode off. After that my at? tention was attracted to Ancrum Boy kin and McRae Whitaker. Their bug? gy was hitched near the postoffice and they were walking very rapidly in the direction of Gillis. Whitaker seemed to be very much excited and was cursing. The Gillises were sitting in their buggy. Whitaker said, 'This thing must be settled.' Ed Gillis got out of his buggy and he and his father were acting in a quiet manner. Whit? aker was the aggressive party. Ed Gillis did not draw a mark on the ground and dare Whitaker to cross it. Just before the firing I heard Mr. Sam Boykin and Ancrum insisting on a fair fight. Gillis did not decline a fair fight, sad he would be willing to give up his pistol. I did not hear Whitaker say he would give up his. I heard Whitaker say he would fight a duel, accompanied by violent anguage, and then the shooting took place." On th? cross examination . Mrs. Reese was asked if she did not say to Mr. E. D. Hopkins the night of the difficulty that she had nearly reached home when the pistol fired. She denied say? ing it. Mr. Hopkins was put up in reply and said she did so state to him. Dr. S. F. Brasington was sworn for the defense and testified that on Mon? day morning after the shooting he ex? amined the forefinger on the left hand" of J. A. Gillis, the father, and found that it had been shot through near the end of the finger by a bullet. This evidence was offered by de? fendant to support the contention that Whitaker shot first and missed J. E. and hit J. A. Gillis. Other witnesses put up for defense were not eye witnesses and their tes? timony did not bear directly on the immediate difficulty. J. L. Gillis, a brother of the defend? ant, identified the pistols of his father and brother and also produced Whit? aker's pistol which J. E. Gillis had picked up off the ground after the deceased had fallen.-The State. FARMERS' INSTITUTES. Clemson, College. October 4.-Pres? ident P. H. Mell of this college has directed me to send out notices of the Farmers' Institutes to be held in this State during this fall and winter. We believe that the time has come when these institutes can be made of great value to the farmers of this State. The Southern Railway has granted to Clemson College the use of a car for Farmers' Institute work. The college is going to have this car fitted up with all of the latest appli? ances for making butter and the most improved methods of handling miik. If the farmers wish it and will furnish the milk, they can see these utensil? put to practical use in separating the milk, ripening and churning the cream, etc. In this car we will have samples of about 26 varieties of corn and will lecture on those varieties that are best adapted to southern soils. We will have about 30 varieties of the most improved types of cotton. We will also have on exhibition those in? sects that are injurious to the field and garden products with the insecti? cides to be used in destroying and eradicating those injurious insects. The State etomologist will deliver lec? tures on the proper method of using these insecticides. We will have diagrams and charts showing the conformation of dairy and beef cattle and will have with us experts to deliver lectures upon the breeding, feeding and care of ah kinds of live stock. We will also have with us a magic lantern and will give illustrated lc*lures upon a number of agricultural subjects. These lectures will give the results of the experience of a great number of practical farm? ers and the result of experiments be? ing performed at this college and oth? er agricultural colleges over the coun? try. We will have views showing the J effect of different fertilizers when ap? plied to cotton, corn, wheat, oats and other products. We will have samples of those compounds that go into the manufacture of fertilizers and will have experts to deliver lectures on the value of these compounds when put into fertilizers. We will have material to show the proper way of making grafts, the proper methods of pruning fruit and shade trees, the best method of train? ing grape vines-all of this with the view of obtaining the greatest quan- ? tity of fruit. In this car. will also be ! on exhibition the work of the Clemson ? College students in other departments j of the college aside from that of ag- j riculture. For example; machines de- ! signed and made by the mechanical j student, and fabrics of all kinds hy j the textile student. Very truly yours, I J. X. Harper, Director. Don't be Imposed Upon. *FoIey & Co., Chicago, originated Honey and Tar as a throat and lung remedy, and on account of the great merit and popolarity of Foley's Hon? ey and Tar many imitations are of? fered for the genuine. These worth? less imitations have similar sounding names. Beware of them. The genu? ine Foley's Honey and Tar is in a yellow package. Ask for it and re? fuse any substitute. It is thc best remedy for coughs and colds. I'u rant's Pharmacy. The Kind You Have Always Bought, and which has been ia uso for over 30 years, has borne the signature of and lias been made Tinder his per .ffly* jPj, sonal supervision since its infancy. -uAc??&* Allow no one to deceive you in this. All Counterfeits* Imitations and " Just-as-good5" are but Experiments that trifle with and endanger the hea?th of Infants and Children-Experience against Experiment* What is CASTORIA Castoria is a harmless substitute for Castor Oil, Pare? goric, Drops and Soothing Syrups. It Ls Pleasant. Ifc contains neither Opium, Morphine nor other Karcotze substance. Its age is its guarantee. It destroys Worms and allays Feverishness. It cures Diarrhoea and Wind Colic. It relieves Teething Troubles, cures Constipation and Flatulency. It assimilates the Food, regulates the Stomach and Bowels, giving healthy and natural sleep* The Children's Panacea-The Mother's Friend* GENUINE CASTORIA ALWAYS Bears the Signature of The Kind You Have Always Bot In Use For Over SO Years. TH ? CENTAUR COMPANY. 77 M u R PAY STREET. NEW YORK CITY. FARMS FOR SALE. List 149. Tract ?3 acres 1 mile N. E. of City. 23-3o acres cleared. All easily brought under cultivation. Drainage facilities good. For a quick sale S2.0OO. List 148. Tract 577 acres; 300 cleared. Buildings worth $3000. Piaca cn Mayesville road 7 miles from Sumter and 3 from Mayesville. Price $30 per acre.$17310. List 147. Tract 17J acres, 60 cleared, 4 miles from city on Bishopville and Brewing ton roads. Frice 8*0 per acre. $3400. List 145. Tract 265 acres on Moses road 3 miles from city, 100 cleared, good build? ings. Price 830.. $7950. List 164. Tract 256 acres within half mile of city. 160 acress in high state of culti? vation. Buildings insured for 83000. $12500. List 112. 105 acres 4 miles from city, near Bishopville and Brewington roads, 50 acres cleared, new 3 room dwelling. $2650 SEE CITY LOTS IN DAILY ITEM AND EVENING NEWS. R. B. BELSER, Attorney at Law Real Estate Broker Harby Bldg. Court ?qr. Phone 309. t A. BOWMAN, Prest. G J. BOSH, Sec. ? Treas The Sumter Banking & Mercantile Company, Sinntei*, S, Q. a^s?*s^CapitaI 5tock $50,000*g#e***M? i Wholesale Grocers, Fertiliz? ers and Farmers' Supplies. Sole agents for the celebrated brand of Wil? cox & Gibbs Fertilizers. We are prepared to quote the very closest cash or time prices on all lines of Groceries, Fertilizers and Farmers' Supplies, And invite your investigation before making your arrangements for another year. Come to see us. We will save you money, and give you a hearty, courteous welcome. Sumter Banking I iMercanlile Company, Masonic Building, 2d door from the Postoffice. Sumter, S. C. WHISKEY J MORPHINE i CIGA'-ETTE I ALL DRUC AND TOBACCO HABIT. j HABIT. ? H A BIT. ! HABITS. Cured by Keeley Institute of S. C. 1329 Lady St., (or P.O. Box 75) Colun-M:'.. S. C. Confidential correppotider.ee sobcited The Watchman and Southron Has a Larger Circulation Than Any Other News? paper Published in Sum? ter. For That Reason Ad? vertising Space In It IS VALUABLE.