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JONES TRIAL II Ofi?NSEB?RG. LAWYF.lt i IIUM.I I? WITH Ml It |>I ?; (>l Mil I I \KI.M IM IuUmvkc Inten-t Manifested In i ourt Proeeiillng? Result of l'.iMin li\ ill' Tragedy of i'iitiiiIht l??Practi? cally ?II Tr?timoii) <il\on at hirst l>ay of Trial ? Probably to Jury Today ? Ptea t.f SHf-l>cfc?se uot Ml > et \ . I v .im ? ?I I tFrom New? and Courier.) Orangeburg. Jan. 12?For the kill? ing of Ab? Pear Ist Ine, a {prominent aaerchant of Branchville, thin cj jnty. i am Daaaanber 15. John J. Jones, an attorney of the same town, today fac? ed a Jury of his peers, who shall d aide as to the facts surrounding the act and aa to whether or not It con? stitutes an offense against he laws of the State. Judge It. Withers Memmlng* r. of Charleston, Is presiding. and able counsel are arrayed on both sides. Numbers of witnesses have tcstMed today for both the State and for the defendant. Marked Interest has b^en displayed, the Court House having been crowded since 11 o'clock, when the case was called, a la the court room were M: Pearlstine. aidow oi tin- dain man, her slater. Mrs. She) IVarlstlne, of St. Matthews, and the mother aid a brother of the defendant, Jones. Practically all the testimony Im ir., the defence having a few witnesses f wh\i will be examined tomorrow morning. The prevailing opinion is that the case will go to the jury short? ly after noon. Two speeches are to t*? Baad? on each Udo, followed by the Judge's charge. It la recalled that Jones is alleged * to have shot and killed Abe Pearlstine In the post-office lobby at Branchville, on Deesen bar 16 of last year. Jones at once came to Orangeburg, had him? self protographed, showing bruises and blood stains on his face, said to have been Inflicted by Pearlstine. He \ waa released from custody on a $3,000 bond granted by Justice Oary. Much speculation was indulged in aa to the trial, some thinking It would be postponed, others wondering where Jones was meanwhl.e. It Is said that after securing bond. Jones went back ? Immediately to Branchlvlle, where he remained until today, when he came to the county seat to stand trial. V From the testimony thus farmiie of eelf-defense has not been ad? vanced or even hinted at. Just what will t?* 'he position ni c ounsel Is eu-1 ^ tirety n iiuutr of spteulat The Ma?e has sought to *how th? *bo ?fing -d after th? rtstl eu& had v.i.dwU, tUld Uutl *kl tho thus of the shooting defendant wn< not in danger of bodily harm. The case was called shorly after 11 f> o'clock this morning. There was a brlilL nt array of counsel on both ?ides. For the defence Messrs. Wolfe ft Berry. Qlase ft Herbert, and Judge C. P. Brunsen appeared. The Solici? tor was aaalted In the prosecution by Messrs. Haysor ft Summers. Adam 11. m Most and W. C. Martin, the latter of Branchville. Mr. Raysor queried the witnesses on the part of the prosecution, while Mr. Wolf? did the questioning for tho de? fense, Not much trout.le waa had In se curing a Jury, though sewral were put on their volr dire and closely ques? tioned by the presiding Judge. The defence objected to eleven names brought up for jurors, but the entire empanelling did not take more than half an hour. ^ Mr. J. W. Witsell was appointed 'foreman of the Jury. The first witness called was Dr. J. SL Wlmberly, who runs a drug store at Branchville end is also a practic? ing physician. He testified that he 1 i shot and ran over to the post to sew wh.tt v.um th.- matter. Ha saw Jone? come out of the ?fftce right after the shot. He maOe no eismlnation then of Pearl? stine, ahom he found lying on the floor near the post master's door. _ He did make a post-mortem exam \' Inatlon later and gave as the cause of death a bullet wound. Mr. Frank W. Frederics^ a well known surveyor of the county, wss the next witness. He testified as to a diagram of the postoffice which he had made, with diagram was placed evidence. Dr. Chaa. P. Perreyclear, a cierk In Dr. Wlmberley'? drug store, was next called. His testimony ans that im mediately after hearing a shot at the postoffice, he saw J SSM out of the postoffice arid found Ab? l'< url f etine on the<tlov>r near the postn:B-t.?r's door almost dead ll. found no pow? der marks on Pearlstine'* ehdblng. A finger ring on the hand of P- ni ?tine had blood -.n It. pearlstine bad only on? ?y?. Mr. Preston Orlm next called , hy the proM. rutlon. He and I>r Per ryclear had examhsSd Pearlstine wlo I they found him shortly after the shot waa fired. He testified that he f .un I no powder marks and that no wea pon w un found on Pearlstti.e. On Sfoas ?ramlnatlon Mr. Wolfe r clerk for Mr. Pearlstine, und that the irlstme Siofe hui been closed about two weeks before th ? .-hooting. Tin? exact relavency of this disclosure was, i o' made SPpfcfSttt to the listeners. The fifth witness was Mr. Marion i Byrtl, poatasastef at Branchville. His ?? -tunony was given in QOSt ilghtforward manner, and the keen and able cross-examining attor? ney could not shake this young man's testimony in the slightest. Mr. l'.ynl's testimony was piaetically as hus been oublished heretofore, he having been a witness at the coroner's inquest held i \ Magistrate Dukes, fie said that in* was on the Hnslde of the postotllce, his wife being there also; that he heard ? scuffle or noise on the outside and thought It was carriers coming In, but a clerk suggested that it I sounded like a fight. On account of I his wife's presence, he ran out to the fobby to stop the dlsturbam ?? and he i .1 ii tow d Jones and i \ arlatins in a I fight rearlstlns. he declared, aws str'king Jones, and Joins had his hands upraised over his head for ap? parent protection as he went out. He quickly grasped Abe Pearlstine by On arm and told him that his wife was Inside and not to have any fur tK r row out there. Ivarl.stiiic ceus ? d his tight at otn e and began upolo I gies to l'.\rd. I'earlstlne and himself, said the witness, started walking off 1 >wly together toward the po.-Umas i > i s door, and had gone about 17 teei, both of them walking slowly and looking downward. The postmaster said he paid no attention to Jones while he and I'earlstlne were walking away from the point where the right had been in progress. The witness de I dat ed that when Pearlstine and Byrd I were about 17 feet from the point I where the tight was in progess at the I time the postmaster came out, sud-1 denly a shot was tired and the post I master saw Jones with a pitsol in his' I hand, about 3 to 5 feet from Pearl-1 I ' siine. The wounded man said, "I am I shot," and just then Byrd's wife on I the inside In the private office scream? ed, and Byrd leaving Pearlstine sup I ported against the wall, ran in to culm I his wife. i 'Mi close questioning of Mr. Kaysor, I Mr. Byrd declared that the fight be- ? I tween the two men had ceased and I that he and Pearlstine were walking I off together slowly when Jones came I up and shot Pearlstine. Ho testified ' I that there was no effort on the part I of I'earlstlne after he (Byrd) had I separated them, and he and Pearlstine I were walking off slowly together. Mr. Wolfe conducted a rigid cross I examination of Mr. Byrd, but he full lad to sb ik? th?? U'htlm->ny of the -arit I noes, or to confuse him iu the slight I t jut thy eaewtttaUra ol Mr. Byrd't i itouiiiutt/, ine Cuuii look a recess ' Earle Snioak, assistant postmaster, I in the main corroborated the testl I mony of Postmaster Byrd, nothing I now being .brought out either on the I direct or cross-examination, except I thut the point was emphasized to the I effect that Pearlstine was looking at I Byrd when he was shot to deuh. Clifton Dukes, a young business man I of Branchvljle, testified that he was in I the postofflce lobby, standing at the I money order window, when Peurlstlne I entered, later followed by Jones. Wlt I ness said he heard Pearlstine three I times ask Jones to read a puper which I the former held In his hand and was endeavoring to get before the eyes of I Jones; that Jones pushed buck the I paper, wiiereupon Pearlstine struck I him saying "Take that!" A scramble I followed and the postmaster came out I and separated the two. Neither of I the two men, said the witness, was I knocked down in the scuttle. "Then," I said Mr. Dukes, "Pearlstine and the I postmaster walked off together, Pearl I stlne apologizing to Mr. Byrd." I Mr. Dukes said that Pearlstino stop I ped after the scuffle to pick up his I hat, which had fallen to the floor; I that Jones followed, walking fast, and I got ahead of the two; that as he near I ed the front door he drew his pistol I from a shield and tired \>nce; that Jones was about nino feet from Pearl? stine. Witness testified that there was I no fight going on when the shot was fired; that there was nothing said by ??ither Pearlstine or Jones. The testimony of Mr. Dukes con? cluded the State's case. For the defense the llrst witness was W. P, Appleby. a merchant of I Iran* b\illc, whose place of business Is near Jones' office. Witness said that he saw Jones come out of the anatofhV a, pistol in hand; that Jones i-k? d Appleby to go over to the poet? oaVe and gat his hat, which he did; that no one was In the lobby at the tune, except Pearlstine lying on the floor, t?ii er pee examination it was brought ?oit that Appbby was one ??f jones' boadsmen. j. w? Sheriff, an eye-wltneas, alto, however, did not testify tit the cor? oner's haqueat, was aast aallad f??r the defence. He has lived in Branchfllle, being originally from Bickens County, since December i of last year. The killing occurred December II. Mr. Sheriff, who was com,, . ted with the Drake Lumber Company, said he was In the poHtofllco lobby, wilting a let? ter at the public desk, having got? ten stamps ami paper from th<> post* toaster when the trouble occurred. He did not know either Pearlstine or Jones. Mr. Sheriff said Pearlstine was 111 the lobby reeding over His mail when Jonei came in; that Pearlsline push? ed a letter in Jones' face and Haid: "Damn you, read this," and then . tarted to hitting Jones, who said nothing, struck no licks, hut seemed to he dodging; that Pearlstine had him In a corner and Jones couldn't <et out; that Pearlstine struck eight or ten blows--"about the heaviest I ever saw"?and that Jones was very bloody when he came out. Witness saw Byrd come out into the lobby, take Pearlstint' by the arm and heard Byrd admonish him to stop lighting. The postmaster leading Pearlstine away; that they walked off together and Join followed, "although," said the v Itnege, "] think Jones was ahead of them." Mr. Sheriff did not remember see? ing any one in the lobby except Jones, PearlaUne, Byrd and himself. This In i . atradletlon Of testimony by Dukes ?nd Smoak, as indicated above. On cross-examination Sheriff insisted that he did not see Dukes at the money or der window. Ho admitted that after the cessation of the fisht Pearlstine did nothing to attract attention, made no ?uepiotoui move toward further trouble, bnt that Jones, who was a little ahead, wheeled abruptly when he got to the front door, drew his pis? tol and fired. Attorney A. H. Moss, for the State, stressed the testimony adduced from witness that when the shot was fired Pearlstine was mak? ing no effort to do Jones harm, the fight being over. Dr. %M. G. Salley, of Orangeburg, testified that he saw Jones here De? cember 15, that he had a cut over the eye and several bruises about the head, evidently made with the fist. The defence sought to show that the blows from Pearlstine were sufficient to daze defendant. The testimony of Dr. Salley, however, not establishing this fact. By Constable Marlon Browning, the defence showed that Jones did not Inflict these wounds upon himself, he having been In the custody of the constable all the while. O. B. Rosenger, photographer, testi? fied to photograph of Jpnes. which he had taken aftei his arrival here, De? cember 15. Dr. J. D. S. Falrey, of Branchville, said he had for about eight months been treating Jones for stomach trou? ble, and that he was very often quite nervous and that this ailment tended to weaken him. As to Pearlstine'" reputation for peace and order, Dr. Falrey redd opinion was divided; thai deceased had aom? good qualities and soi,' s bad that he would say Pearl? stine s imputation was "that he was more of a disturber." On cross-ex? amination witness did not specilfy wherein Pearlstine was a disturber. Question by Attorney Moss: "Doc? tor, did you tell a man that if a man had beat you up like Pearlstine beat Jones you would shoot him forty times?" Answer: "Yes, sir." Testimony was brought out that Dr. Falrey had heard that Pearlstine had had two or three difficulties, in one of wich he had shot his brother. Shep Pearlstine, now of Brooklyn, N. Y. P. H. Betha, one of Jones* bonds? men, testified that Jones' reputation for peace and order was good. On cross-examination, however, witness admitted that Jones had had fights with Pink Thompson, W. A. Dukes and Ed. Smoak. J. B. Williams, mayor of Branch? ville, said Jones' reputation for peace and order was good. Question by Attorney Moss: "Did you not tell a gentleman recently that you felt like slapping Jones' face?" Answer by witness: "Yes, but that was a misunderstanding In which eith? er of us might have been right." Capt. R. A. Hamilton testified that he had known Jones since childhood, and that bis reputation was good; that he was "a quiet and peaceable citizen." The Ray. Allan MacFarlane, pastor of the Methodist church at Branch? ville for one year, said Jones was a member of his church and that his reputation was good. H. F. Strickland, of Colleton Coun? ty, Jones' native county, said he had known defendant all his life and that his reputation was good. The apparent cause of the fight ap peara as it was brought out In the testimony of E. H. Kawl, editor of the Branchville Journal. Raw] testified that Pearlstino came to his office and showed him ? letter from an Orange burg law firm relative to a claim against Pearlstine, who declared he had a receipt from Jones for the smounl of this claim; saying that Jones was a grand scoundrel and that he was going to show him up. Bawl advised Pearlstine to Write the Orangeburg lawyers sbout this re? ceipt and let thorn fight it out with Jones, but said that Pearlstine seem i d not Inclined to take this advice. ?When given SS soon tts the eroupy rough appears Chamberlain's Cough Remedy will ward off an attuek of croup and prevent all ?langer and cause of anxiety. Thousands of mnfhees us*1 It rucceanfully, Bold hy all deal' ri ? JURY BRINGS IN VERDICT OF QVUJTX AGAINST JONES. Wives ?ii Botli the Dead Man ami of the Prisoner Among (he Listeners nt tin* Trial. Urangeburg, Jan. 13.?John J. Jones, attorney of Branchville, on trial for the killing of Abe Pearlstine, a merchant of the same place, was tonight at 9:15 o'clock found guilty of manslaughter. The jury had bi n out only an hour when they I rough! In the verdict. Sentence will it* pro? nounced by Judge Memmlnger to? morrow. Jones Is tonight in the Orangeburg jail. The court room was crowded to its capacity today by an eagerly In? terested crowd. Among the specta? tors was Mrs. Abe Pearlstine, wife ol the dead man, Mrs. Bhep Pearlstine, his sister, the wife of the prisoner and hia niece. The Interesting feature of the day's proceedings was when the pris? oner himself took the stand and told his story of the killing. The jury has been kept in custody since the commencement of the trial, being guarded by constables during tin- dinner hours and last night. The jury was quartered last night at Mrs. W. G. Albergottl's boarding house. The''court was opened promptly St 9:30 this morning and the defense proceeded with its testimony. The first witness put up by the defense this morning was L. H. Fairey. Fairey, who is vice president of th? Bank of Branchville, testified that aj far as he knew and from what he heard the reputation of Jones and Pearlsline were good, but he had heard of Pearlstine being in a few rows. W. W. Connolly testified that lu had a conversation with Pearlstine the Saturday night before the killing. He said Pearlstine told him Jones was a dirty puppy and that he was a man that had caused him a heap of trouble. He also told the witness that if Jones didn't let his business alone, he intended whipping him. Hl said that the conversation took place on Pearl stlne's steps. T. E. Fairey said that Pearlstine told him that he made one Pink Thompson beat Jones. He said Pearlstine told him that at a barber shop. Thompson was a heavier man than Jones, the witness testified. On the cross ?xaminatiou it w is brought out that Fairey had been in courts before charged with stealing a watch and of being connected a th 'he kill one Ittasvea, but that the grand Jury threw out the indict? ments. J. W. Kinsey, who lives at Smoaks, but does business at Branchville, tes? tified that dhring last August Pearl? stine told him that Jones would have to get out of Branchville. J. J. Jones, the defendant in the < as< , was the last witness lor the defense. He said he was about 3 years old, was born at Smoaks cross? roads and resided at Branchville dur? ing the past three yeajg, He is an attorney and interested in furniture business at Branchville. He read law under C. P. Branson of this city and Gritfln & Padgett of Walterboro. He is married, but has no children. He knew Pearlstine ull of h.'s life. He was reared about eight miles from Branchville, in Colleton county. He said Pearlstine was not a friend of his, but he had nothing against Pearl? stine, only he didn't want him to bother him. He gave Pearlstine no cause to have feeling against him. Pearlstine came in his ohiee a few months bofore the killing, he said, and cursed him, because he had writ? ten R. Pearlstine concerning a claim of long standing. "Pearlstine said I was writing him too much. I told him that I was not He said, 'Do you mean to dispute my word, if you do, I will knock your teeth down your throat?" He said he held a number of claims against the It. Pearlstine store. He thought Abe Pearlstine was manager of this store. The day before the killing, Jones said, he received a small claim against the firm and he mailed this claim of $37.50 or wrote R. Pearl? stine of the claim, early the morn? ing of the killing. This letter was introduced in evidence ami read to tho jury. Jones said he went back to the postOffice about 9:30 on the morning of December i?r> to get the Bowman mail. He saw Pearlstine in the post office reading a letter. He also saw J. W. Sheriff In the lobby; didn't sei anyone else. Just as he got opposib Pearlstine, while going to his mail box, he saw Pearlstine looking at him piercingly. Jones said he stopped and looked In his mall box. When he raised up, I'earlstlne said, "Read this again, read this, you dog," Pearl' stim? then said, 'Damn you, take this," striking Jones, lie said the blow was very severe and knocked him up against the wall in the corner of the lobby. lie said this lick was over the eye, disclosing a sear to the jury, which he said was the result of the lick. Blood Mowed profusely. Jones said he couldn't defend him? self. Afier the first liek, he said, Pearlstine closed in on him, kept on striking him <>n the corner, 12 or 15 limes He begged Pearlstine to stop, but he ?truck righ1 on. Jones said he was holding his hahds up trying to protect his face. Pearlstine knock > d him nearly blind. Pearlstine said he was going to kt!! him a*~d then he managed to jerk loose. (At this point Of the examination Jones was moved to tears.) At this time the postmas ter came out and took hold of Pearl stine. He jerked away from Pearl? stine and the jerk placed him a lit? tle distance from them. He said he struck no blows, but Lhat Pearlstine's blows had reduced him almost to insensibility. He said it. ? front door wa.i closed. He walk ? -i a short distance in a blinded con? dition. He stopped to locate himself and turned to see where Pearlstine was. He said Pearlstine was at a! 1 . ie distance, three or four feet, looking at him, bent his list, said w ith an 09 th, "I am going to kill you." Then he tired'vme shot at Pearlstine. Just as he fired the pistol he walked out of the office. He said his hat waa knocked off and that Pearlstine was walking toward him when he fired. The shooting took place very quick? ly after the separation. Me said he shot Pearlstine to save his life. Jones said he didn't hear any conversation between the post? master, Byrd, and Pearlstine and that he was carrying a pistol in protection of himself, as he expected trouble from Pearlstine. Ho said \e went to his place of business after the shoot? ing, lie testified that his health was \ 1 ry bad. Jones told of the claim that he re 4 calved payment of from Pearlstine and that the money had been remit? ted to the proper parties and that the sending out of this same claim again to Pearlstine was through no fault of his. Jones introduced his check stub and also the check recording the payment to its owner. This claim misunderstanding was the result of a mistake and the prosecution asknowl edged it as such. Jones said that all the claims he held against the Pearl stines had been setled except one. He said the pistol that he had found at the court house in Branwell, and that at that time it was in the same shield and that the shield was cut around the trigger and at the end as it is now. H*? said y.f fJIdl 'I ' ti . 1 . stine was In 11?? - po totfice when h? went in and wouldn't have got." In if be had know n it. Th? State, In reply, placed P, L'. Dukes on the witness stand, who tes? tified to the good reputation for peace and quiet of both Pearlstine and Jones. On the cross-examination he said he knew of Pearlstine being In a few difficulties. Thomas L. Pearlstine of Allendale. a brother of Abe Pearlstine, testified as to the claims against the R. Pearl? stine company and as to letters re? ceded from Jones in this connection. W. A. Dukes and Dr. B. X. Minus testified as to the good reputation of Pearlstine. Pjnk Thompsoin was the last wit? ness in the case and he denied telling T. E. Falrey that Pearlstine got him to beat Jones; that Pearlstine had never told him anything about Jones and that he never had a conversation with Falrey in this respect. Judge Memmlnger stated that he would not limit counsel in their ad? dresses, but they could use their dis? cretion. Counsel agreed to three ar? guments on each side. T. M. Raysor opened for the State and made a pas? sive plea for conviction, stating that there was no self-defense proved in the case according to the law of self defense. Solicitor P. T. Hilderbrand and Adam II. Moss also addressed the jury at length, asking for Jones' con- | viction. Judge C. P. Brunsen, Col. D. 0. Herbert and William C. Wolfe made strong arguments for Jones* ac? quittal. The arguments were begun about 12 noon and were concluded at 7 o'clock tonight. The lawyers in the caes put up earnest and diligent fight and the case has been an interesting one. Constitpat' jn is the cause of many ailments and disorders that make life miserable. Take Chamberlain's Stomach and Liver tablets, keep your bowels regular and you will avoid these diseases. For sale by all deal? ers. ? hi \mmmrrmmmrtmma?^mmwmmBmmmmmmMMjmwmxmmamm HKl'OUT UK THE CONDITION OK TIB FIRST NATIONAL BANK, OF SUMTER, ki Sumter, in the State of South Carolina, at the close of business. Jan. 7th 1011. RESOURCES. Irtan* and dtKcovnts, $517.171 <>6 Overdrafts, SSCtfrsd and unse? cured. 10,41? 92 U. 8. Bonds to secure circula tiou, 25,000 00 Bonds, iseerlties, etc.. 2.000 00 Banking house, furniture and fixtures. 3.000 00 \ Other Real LVate Owned IftU 29 i Dae from National Hank? (not reserve agents), 27 4H2 57 Due from State and Private Rnnk* and B inkers, Trust Companies, and Savings Banks, 5,6<*7 97 Due from approved reserve agents, IsyMfl 83 Checks and other cash items, S\81t 00 Notes of other National Bank*. 13.145 00 Fractional paper currency. nickels and cents, 40.r> 92 Lawful Money Reserve in Bank, viz : Specie, : 5.911 75 L-gal tender notes, 1,500 00 17,411 75 Redemption Fund with U. 8. Treasurer, (5 per ct. of cir? culation.) 1,250 00 Total, $661,864 81 LIABILITIES. Capital stock paid in, $100,000 00 Surplus fund, 50,000 00 Undivided profits, less ex? penses and taxes paid, 36,925 16 National Bank notes outstand? ing. 25,000 00 Due to Othor National Banks. 9,C95 85 Due to State and Private Banks and Bankers 4,398 83 Dividends U?paid, 498.00 Individual deposits subject to check, 435,948 97 Total $661,864 81 State of South Carolina, ) County of Sumter. ) I, J. L MoCALLUM, Cathie: of the above named bank, do solemnly s*ear that the above statement is true to thr best of my knowledge and belief. j t t t t'm Ottfcfer i Bobeeribed ""U sworn to before r.e cr>is ! '-ttt. daj of laa. 1911. QWO L BICKER. Hotarj PebUe* i Oorreot attest. H. D BaRNETT, f Directors. ARCHIE CHINA ) Resolutions are in order. The best resolution for you to make is to be on time for business, en? gagements, etc. during 1911, and the best way to do this is to pur? chase a Howard Watch. Abso? lutely dependable. W. A. Thompson, 6 S. Main St. Jeweler ml Optici? Garden Seeds We have just received a large stock of Fresh Seeds for your garden, and would be pleased for you to come in and supply your needs. Now is the time for planting CABBAGE, SPINACH. PARSLEY, LETTUCE, MUSTARD, RADISH AND GARDEN PEAS. We also have'a complete selection of Onion Sets, Mail Orders Solicited. Sibert's Drug Store, W. W. SIBKRT. PHONE 283. 8 S. MAIN ST