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WEDNESDAY, OCTOBER 31, 1906. The Sumter Watchman was founded in &B50 and the Trite Southron in 1865. The "Wafcft?/!a? a/id Southron now bas the com? bined circulation and influence of both of %he old papers, and is manifestly the best advertising medium in Sumter. Presentment of the Grand Jury. Tlfe His Honor, Judge D. E. Hydrick, Presiding Judge at the October ^.erxa of the Court of Common Pleas ^?n? General ession for Sumter County, 1908: We, the Grand Jury, beg to make this our final presentment We have '?examined into and returned all bill s .priven us by the Solicitor. We have, "through, our committees, visited the -several county offices, chain gang, j -alms house, jail and dispensaries. We j End the financer of the county in good snape, the work in the various office:; yrell up and done in a neat and busi? ness like manner. We find the jail kept in a loose and careless manner, prisoners are given water in glass bottles, gathered from the streets or ?.ny place they can be procured with? out cost. This we think dangerous, not tm?y to the prisoners themselves, but the keepers of the jail, as the bot? tles could easily be used as deadly weapons in case there was an attempt by tht prisoners to escape. We recom? mend that the proper authorities be / instructed and required to purchase . *at once tin cups to be used in giving the prisoners water. The jail is not Sfcept clean, as is required by law, but ?eeds a thorough scouring, walls need patching and whitewashing, and the .two dry wells need prompt attention, We find one prisoner in jail, Cornelius ?nd only ten bunks. We recommend ?that the proper authorities be re? quired to purchase at once necessary ^unks, blankets and slop buckets. We find one prisoner i jail, Cornelius 7jtfil!er, who has fits and is crazy. He has been in jail two and a half ?nontlis, and we recommend that he ? sent to the asylum or poor house. - We find also one cocaine feind who is crazy and recommend that he be removed from the jail to the proper place of detention. The jailor complains that he has -rreat difficulty in getting tho county physician to attend the prisoners, and we respectfully ask that your Honor will instruct the proper authorities to . have'these complaints looked into and corrected. We find the Alms House in good .'Condition, the inmates well cared .for 3Jid comfortable. The inmates con? sist of eight whites and nine negroes. We find there now two negro women Who are crazy and dangerous to the other inmates, and should be removed *f> the asylum as lunatics. We find the chain gang in good con .?on, the prisoners well cared for -ad in a healthy condition. The num? ber now on the gang is nineteen We find, the work on the New Court H>use progressing rapidly and will, v;'r?ea completed, be a credit to our .scanty. We find that the County Superin? tendent of Education's office and that of the Sheriff are made too dark by the building cf stores on the south? ern sid*?" of the Court House, and it *is practically impossible for any xwork to be done in them at any time Unless by. the use of lamps, and we "would respectfully recommend that ?a electrica light be ordered put in each of these oifices at once. ?Complaint has been made to us ^whirh when investigated are found j : to be true) that some of the prisoners Saave been whipped at, the jail for "teinor offenses commited while in ^il an? in the custody of the jailor, 3tn& contrary to law. We recommend *2xa? the Sheriff be commanded to take such steps as will immediately 1 wit a stO? to such procedure. We "WOald f?rther recommend that the ^Sheriff be instructed to be moro care ta? in issuing passes to* persons de- ! *S?riJ*g to ? ee inmates of the jail, as we thifck ?he indiscriminate issuing of .passes " wa s largely the cause of the :ietent attempt to break jail, which '"^resulted in the indictment of a good ^ttiny at this term of court and in <i?rred gr^at cost to the county. "We find that the State Dispenser at '?ffayesvilie. Mr. George P. McKagen, ^Mts not made report or tu ii? ed over to the county its share of the profits troan the dispensary at Mayesville for .She anon th of March, 1906, and we tt?&ommen 1 that thTr county attorney proceed at once to collect the amount ^tom S.2M dispenser, '?r his ads We desire again to recommend the of the present jail and property Hfee proceeds of which, to be used by t?fae county board cf commissioners in tile erection of a more modern and ^3o;3venient jail on the property now ^awne? by the county on which is be *2ig erected the county Court House. We desire to extend our thanks to 3S?s Honor, the Judge, the .Solicitor <&t? -KU court officers for courtesies ex ^K?u?ed. All of which is respectfully ^ssfefct?ttad. R. K. Wilder, . ? ' Foreman. THE GAILLARD TRIAL. From The Daily Item, Oct. 26. The ti tal of the case of the State vs. Henry Small, alias Campfire Bill, alias Jack McCoomer and George Spivins was called for trial upon the convening of the court of General Sessions this morning. L. D. Jennings, Esq., attorney for the first named de? fendant stated to the court th it he was expecting material witnesses from Cole Brothers circus, now in Georgia, that the management had promised to have them here for the trial, and that he did not wish to go into the trial of the case without them. Judge Hydrick granted Mr. Jennings until 3 o'clock to ascertain whether or no the witnesses would he set, as they were without the juris? diction of the court and their atten? dance up-on 4hc -court could not be compelled. The attendance of these witnesses is necessarily dependent upon the willingness of these men to attend, and upon the courtesy of Cole Brothers' management. Intimation was made that a motion for a continuance would be made, and that the defendants, both Campfire Bill and Spivins desires to be tried in Clarendon county at the next term of court there, which will be on the second Monday in February. This motion has not as yet been formally made, and has therefore not been passed upon by Judge Hydrick. It is not likely that the motion, if made, will be granted, as both defendants have had ample time to prepare - for trial. From The Daily Item, Oct. 27. At 4 o'clock, as predicted yester terday afternoon, L. D. Jennings, Esq., made a motion for a continuance on the ground that he had used due diligence to procure the attendance of witnesses, that the effort had been futile and that the solicitor refused to admit testimony as to what the wit? nesses would testify if they were present. The motion was overruled on the ground that there was no as? surance that the attendance of the witnesses could be procured, and the trial was ordered entered into. Coun? cil for the defendant however, was in? structed to continue to use diligence to got the witnesses within the juris- , diction of the Court. The clerk then proceeded to em partnel a jury, all members being first sworn on their voir dire. The jury consists of the following gentleman: J .E. Kenney, W. L. Brunson, W. R. Bracey, Dave Locklair, John T. Green, Jr., H. Lee Scarborough, S. A. Harvin, J. F. Hodge, J. A. Mims, J. S. Richardson, W. A Mcilwaine, and R. E. Xewman. Mr. H. Lee Scarborough was ap? pointed foreman. Witnesses for both the State and the defendants were ordered out of the court room during the taking of testimony. ? The jury having been empanelled yesterday afternoon, the first work of the court this morning was the tak? ing of testimony in the case of the State ve. Campfire Bill, alias Henry Small, alias Jack McCoom and Seorge Spivins, charged with the murder of Mr. J. E. Gaillard. Doctors Earnest Carson, S. C. Bak 5r, "Walter Cheyne and H. M. Stuckey were examined in the order named and gave clear and precise accounts )f the nature of the wounds sus? tained by the deceased, and of their deadly effect. The ball, according to ill the doctors, entered the left ab? dominal region near the groin and ranged slightly upward and finally embeded itself Mn the soft portion of :he right hip bone, almost completely penetrating the bone and being found directly under the skin. There were fourteen perforations of ?he bowels, Death ensued directly from shock caused by a great loss of blood: The bullet was identified and introduced in evidence. Mr. F. P. Burgess was at the Cen? tral Hotel at Manning when he hea~d that Mr Gaillard was wounded. He found him lying on the left side of the piazza. Mr. Gaillard said that he was shot in the stomach and knew that he would die. "God knows what I was shot for.' he said. Mr. Burgess saw no weapon upon Mr. Gaillard. Mr Charlt s Hazeldell made an ex? cel;.-nt witness for the State. When asked if ht- knew who shot Mr. Gail lard, he pointed to "Campfire Bill," and positively identified him The de? fendant rod,, v> the depot in his bug? gy with Wittie Levan, colored, who had his buggie in charge. They talk? ed together for a few minutes, and remembered well his peculiar fea? tures. Gaillard went over toward the train to watch the work of loading and called the witness and Burkett to him. Gaillard was on his horse. The defendant "Campfire" Bill sud? denly came down from the platform of one of the coaches, and asked, "who's that wants to see mc," and with the words drew his pisto! ami fired five times. We were within six feet of the car. Two shots were fired at Gaillard, one at me and two at Burkett, all were wounded. On cross examination the witness stated that there was plenty of light about the / depot, that he did not see the defend? ant Spivins and that he would have seen him had he l een present. The testimony of Mr. M. O. Burk? ett, the next witness, was substantial? ly the same as that given by Hazel? dell. Mr. J. C. McLeod was then called to the stand. He was flagman on the circus train, and at the time of the shooting was about SOO yards away. He was in the caboose car attached j to the train at Bishopville, when the defendant, Spivins. came in at C:30 o'clock on the morning after the tragedy. When witness stated that Mr. Gaillard had been shot on the night previous, defendant replied, "served him right that he was shot." Spivins stated that he knew who did the shooting, and asked if a crowd of men came up to me and put a rope around my neck, if I would de? fend myself. The witness did not see Spivins before or after thc shooting. Messrs. Henry Clark and Plummer Clark, both testified to the fact that they were in the agents office at Man? ning on the occasion of the killing as the train pulled out they saw George Spivins standing on the rear platform of one of the coaches with a pistol in his hand. This was twenty minutes after the shooting took place. The testimony of Mr. J. M. Woods was practically the same as that of Messrs. Clark. Court then adjourned for the noon recess. From The Daily Item, Oct. 29. On Saturday afternoon the State concluded the taking of testimony for the prosecution' in the case of the State vs. Henry Small, alias Campfire Bill, alias Jack McCoomer and George Spivins. The testimony of the witness? es who were examined after the noon session was .principally circumstan? tial and substantiated that of the wit? nesses previously examined. Witnesses for the defendant, Mc? Coomer were called upon the conven? ing of court this morning. The Rev. Mr. Inatihet was examined by Mr. Jennings, and stated that the descript? ion of the defendant given to him by Mr. Burkett on the day following the shooting, did not tally with the de? scription given by Mr. Burkett on the witness stand, and from the descrip? tion first given he would never have picked out the defendant, McCoomer, as the guilty party. Mr. Harry Craig, who is in charge of the entire cooking department of the Cole Brothers show, stated that the defendant McCoomer was known as "Campfire Jack," and not as 'Campfire Bill. He further stated that Campfire Bill had disappeared from the circus on the day* after thc shooting affair and that he had not been seen since. The name '"Camp? fire," he said, attached to these men by reason of their connection with the cooking department. John Miller, colored, also in the employ of the circus, told that Camp? fire Bill had not been seen around the circus since the shooting, and that the defendant McCoomer was not him. William Logan was by far the most important witners put up by the de? fence. He lives near the depot in Manning and told the following tale: He was on the front piazza of his house, which is directly on the rail? road right of way, and that he was at a distance not more than twenty yards from the circus train, when Mr. Gaillard on a white horse, and Mr. Sublett on a dark ^nule, rode up to the depot. The two gentlemen engaged in conversation, a part of which the witness was able to hear. He distinct? ly heard Sublett tell Gaillard not to go up to the circus train. Gaillard said that he was going anyway, and at that time Sublett rode off. The wit? ness heard Mr. Gaillard when he ap? proached the train, ask a crowd of men where the train master was, and on being told that they knew not, he said that he would go through the train- if necessary to find him. The Showmei abjected to this on account of women being asleep in some of the coaches. Then Mr. Gaillard rode off, saying that he would come back and find him. In a short while Mr. Gaillard rode back, went up to another group ol' men, grabbed one man by the shoulder, and hallowed out that he 1 ad his mar. He told the men that he had lost too much and that he mu^t have satisfaction before the train pulled out. The man that he had hold of replied that he would like to settle matters and that he would do so if Gaillard would meet him in Sumter on Wednesday. The man that the wit? ness took to br the train master then called out "couple up, couple up." Th?' two s< ctions were then coupled torether, the engine brought tu the front of the train, and prt-parations made to pull out. Gaillard then went ui> to th?- train, told the man that lie would never pull out until ho had satisfaction, and with more sueh ex? pressions as "take this for satisfac? tion" the firing commenced. The wit? ness swears that the man who did ti'-- shotting was a white man, and th?- one whom he had taken for thu trainmaster. Harvey Jackson, another Manning negro, was also examined, but his testimony threw no light on the case. Court then adjourned. From The Daily Item, Oct. 30. The murder of which Jack MeCoomer and George Spivins stand charged, which has occupied the entire'time of the Court of General Sessions since last Friday, is now drawing to a close. The defendant Spivins, through his counsel, Mr. Welsh, concluded the ex? amination of witnesses at a late hour yesterday afternoon. J. T. Price, who is in the employ of Cole Brothers cir 0 cus, and who has a position under the defendant, was first called to the wit? ness stand. He testified to the fact that just prior to the shooting, his work having been finished, he went to the privilege car for a lunch before retiring for the night. While in this i car, the defendant Spivins, came in, j called for lunch and while they were together in the car five pistol shots were heard. He considered the oc? currence as not unusual and he and the defendant retired and heard noth? ing of the wounding of Mr. Gaillard until the next day in Bishopville. He said that he gave Officer Pierson every assistance that he could. The defendant took the stand and substantiated Price in the statement above made. He admitted making rash statements to Mr. McLeod in the caboose car, but said that he and McLeod had had a personal difficulty about damage to the train, that he had been drinking a little and that his i statement that Campfire Bill had a ! i right to do what he did, etc., was ! meant to antagonize McLeod who had j spoken of lynching being the porper j way to deal with the guilty party. The j reason that he denied having made the statement was to escape being ! m I summoned as a witness; that his du I ties were very important, that the proper loading of the train depended upon him, and that if he had to at? tend coun: he might lose his job. Messrs. Sublett, Burkett and Haselden were recalled to refute the testimony of the negro barber Logan, who tried to put the crime on Spivins. The defense then rested. This morning four masterly argu? ments were made by Messrs. H. D. Moise. R. H. Welsh, L. D. Jennings and Solicitor Wilson in the order named. The arguments were ail clean, logical | and eloquent in parts, and not with-? standing the fact that the jury has j been on the case for so long a time, i they showed not the least fatigue. The judge charged the jury at 3.30 j o'clock th:s afternoon and they then j retired to the jury room for the final i consideration of the evidence in the I case. At 5.15 the jury returned a verdict j in both cases of "guilty with recom- ! mendation to mercy.'' Wallace Kilgo, a son of Rev. P. F. ! Kilgo, was seriously injured Friday afternoon while at play with some of | his companions. The boys have been j wild on the subject of lassos ever since the visit of Pawnee Bills Wild West j show, and spend the time out of | school roping each other. Wallace J Ki?go was riding his bicycle \vhcn one ? of the boys roped him. He had an open knife in his hand and becoming entangled :.n the rope he fell from the wheel and the knife penetrated his side. The wound was quite pain? ful, but not fatal.