The Union times. [volume] (Union, S.C.) 1894-1918, April 11, 1902, Image 1
jjj UlrtON HArS j| M ? ^ m~ T ^ "Y *" IB m~ ? ^ T H ^TOVm! I Mw
? rhsw Cotton Mills, ou* a he | IBS I J* S V i ^ /d % I 1% /f I J^ 1 The largest Knitting Mill *ttl i
> |pips I II lL IM 01\ 11M h b. gm
E.f jjj sian Water. Population 6,50e^jj
T0L.L1I. S" 15. UNION, SOUTH CAROLINA, FRIDAY, APRIL II. I!)<>2. #1.00A YEAR;
*
{P. VI. FARk President.
(JKO. MUNk'\ Cashier,
*
j) | Merchants' and PI
^ OF t.T IM
j, Capital Stock
? Surplus
ft Stockholders' Liabilities...
* 't ? i
jt Total
^ DittBcroKS?J. A. Fant,
at f C! Dnnftan .T T nniinlaa
* - ? > " -
I W u. Ooleman.
^ We Solicit
THE GOINGr
Tom Going is Charged i
Splawn on Dee. 13th,
tracted more Attentic
Famous Moorman??
Ago. The Defense v
Munro and DePass,
Sanders, of Spartanfc
Assisted by Messrs.
Dixon, of Union.
A HARD FOUGH
THOHAS GOll
tfc V - ^
Court convened at 9:15 Fridt
morning. The court house wi
filled in five minutes until standii
room was at a premium.
The famous Going-Splawn murdi
case was at once called and witness
called to court.
The following attorneys repr
sented the defense: Munro, Sande
and V. E. DePass. J. C. Walla
and W. W. Dixon assisting Solicit*
Seai-e.
It was evident that the most ii
tense interest is still manifest in th
case from the crowd which so ear
packed the court room.
Mr. Tom Going was prese
dressed in a neat fitting suit, ai
while something of an anxious e
pression showed itself upon 1
countenance he seemed self-posesse
Mr. Sanders, leading counsel f
the defense, stated that he had an it
portant railroad case elsewhere
which he was the only one to repi
sent the railroad, and that he wou
^ be compelled to attend the cuse <
. If this case could
finished by tomorrow (Saturda
night he would be willing to go <
with the case. If not he did n
think he could, with justice to 1:
client, do so. The Judge repli
that he thought the case could be co
tiuutu lit tut 111UU opttllivu, UlUb
rested entirely with the counsel
eliminate useless and irrelevant tes
mony.
U It will be remembered that on t
afternoon of Dec. IB, 1900, Tc
Going shot and killed Joseph 1
Splawn in his, Splawn's, offiec in t
tower of the Union Cotton Mil
,v This case was tried at the Septeml
term of court, 1901, and occupi
some three days. The case went
the jury at 1.36 p. m. on Saturd
night and remained in the jury ro<
until 10 o'clock Sunday morni
when a mistrial was ordered.
At five minutes after ten o'clc
tVtia mornir?rr tlm aonnn<1 iiirir v
(Uio UIUI Ulll^ HIV OVVUI1U J V*. jr I
empanelled as follows after fourt<
objections:
J. D. Graham
Z. Reeves
- W. D. Wilkins
C.M.Young
F M. Cudd
W. E. Sinclair
W. J. Weathersby
J. T. Foster
W. C. West
R. L. Nance
W. N. Brock
J. C. Gibbes
^ The Judge excused all jurors
^ interested in> "his case from att
dance upon <V' ft today.
,# p
*
^ ^ 4* 4*< *>4* 4* 4* 4*
A. H. FOSTER, Vice President. $
J. D. ARTHUR, Assistant Cashier, f
anters' National Bank *
I
JOIN, C. J
$60,000 5
50.000 J
60,000 f
$170,000 |
VV. H. Wallace, Wm. Jeffries, |
s, E P. MeKiesick. A. H. Feeler, ^
Your Business. ^
SPLAWN CASE.
with Hurder. Killed J. M.
, 1900. This Case has At>n
Than any Trial Since the
>chutz Trial Several Years
/as Represented by Messrs.
of Union, and Duncan &
>urg. Solicitor Sease was
J. C. Wallace and W. W.
T I PfiAl RATTI R
?4 - - -v_? i m ?4 i m. a *?4 B?4
NG NOT GUILTY.
ly THE PROSECUTION.
iS Frank Howell, colored, only eye
witness, was the first witness put up
at 10:15 a. m. Was a sweeper in
2r the mill Saw Tom Going shoot
es Vlr. Splawn. Had gone to Mr.
Splawn to brush him oft' just before
e knocking oft' time. Went after my
r8 bucket because I go out the oth'T
cc way.
Or ~ : l Ta. : i
viu.-n UAauiiucu. it IS Illy 1'UIC 10
brush Mr. Splawn off. Mr. Splawn
told me to brush him off. I sat my
18 bucket down to do it. Did not tell
the coroner about the bucket because
he did not ask me. Did not see
Mr. Going when I went after the
bucket. Bucket was three floors
down in the opening room. Went
118 down this llight of steps. Was down
; thero five or ten minutes. Mr.
or Splawn was not saying a word when
?' I went up. Going was at Splawn's
in desk. Going saw me. Commenced
e: shooting Splawn without a word.
Don't know whether Going looked
>n mad or not. Was not acquainted
? with him. Door into mill w as cracked
J' open wide enough for man to get
3n through. That was the door I ran
through when Going commenced
. auuimug. nave nan mo conversation
e with Mr. Whitner. I did not couie
'*?* up town the night of the shooting
1 had a talk with Mr. Burgess after
. the shooting. Told him no one was
with Splawn when 1 got back. Did
not tell Mr. Burgess that Mr. Splawn
10 had liis hand out about time he was
shot. Didn't tell him next morning
j~' that I could not tell anything about
it. Did not say the words, "Lord,
don't ask me, I was so scared that I
)CT. can't tell anything about it." Did
not tell Jake Going that they were
to fighting and shooting when I came
ay up. I did not tell Mr. Couch Eu~
banks that I did not know anything.
n? Told him that I ran. Did not tell
Mr. W. I. Going that I heard the
phooting and ran, and did not know
sas who did the shooting. I told the
*en men when 1 was in Munro's office that
I did not know who fired the first shot.
My back was to them. Mr. Splawn
had his hands down when I turned
around and I saw nothing in his
hands. Did not tell Mr. Lybrand
that I did not know anything about
it. Frank was very emphatic in his
denials.
Re-direct. Lived in North Pacolot.
Was not here because I did not know
court was going on. Sheriff came
and told me. Only thing I said to
Mr Jake Going was in reply to his
not question, "What did you let him kill
en" him for." I said I couldn't help it.
Dr. Austell?Examined him.
Found four wounds after he svas
taken home. 1 was first physician
liiere. Found one wound in left s.d \ j
That I considered caused his death.
I took down a statement from Splawn. 1
no v as rational. I \vr to it. AV it - <
Ilt'SS*S signed IT. ? I )<? eased did not
sign it. Could not u e i>i? litrht 1
hand Ilo said all along thai 11<* 1
could not grt well, This was before 1
I took his statement. He was par- 1
alv zed.
Cross Ex. I dressed the wounds I
1 gave hiuj morphine to quiet him
Morphine giver after .statement was i
made. Think lie asked me to help I
him. lie did not act like he had any
hope. Did talk to Dr. Smith <
about cutting oft' or re c cting the arm 1
if lie ever got weli. This was after iho i
paper was written. (
lie-direct. We were talking of it t
as surgeons. Had no idea of cutting s
oft* or resecting the arm. <
By the Judge. "Has the man in
dying condition when he made 'his
statement? ''Yes sir." "And did 1
he die the next morning at ten >
o'clock?" "Yes sir." Statement t
was admitted. t
Sl'LAWN's STAT KMK N'T. f
"Going asked why 1 would not >
ll?t liltn wrrl* iirwl lwiiron nnnjift.#
>.? ...... ' Vt u ****** "/VSUU VUI"nft tt,,M C
abusing inc. I told him to get out. 1
He got his pistol and asked m; if I
was going to let hiui work. Said I 1
had run oft' a lot of families and be- \
gan to shoot." Signed. j
Ciias. \V. Austell, M D. sj
T. G. Johnson, 1 ,v l <
Mus.O. L. Bixiiv, j ,,,U8SMDec.
13th, 1000. 1
Dr. Austell recalled said ho had .?
found two balls about the body. <
Cross Ex. Four wounds. One i
fatal in left side, struck spinal chord t
paralyzing Splawn. Entered on left
side between 7th and 8th rib ranging j
upwards and back to spinal column, t
One in elbow of right arm splitting r
bone. Come out six inches above <
elbow, under part of arm. One en- t
tered at angle of right jaw ranging t
downward, coining out about eight
inches back of neck and near spinal :
column. Fourth grazed left hip. I
Did not extract the ball entering <
side, could not ftod it. Found two ;
bnlls in his clothing and in bed. <
Other was found in the room where ;
he was shot. It was the one thai i
grazed the hip. Think Mr. llixby <
was the one who found it and gave it 1
iu mo ui tut" examination. <
George Cummings?On the day i
that Splawn was shot I was in grocery I
department at Union Cotton Miils ]
Department Store. Tom Going 1
came there. In a talk with him lie i
said he had been fired, that he would i
fix the G d s . I <
asked him who he was talking about,
lie said Splawn. I told him not to I
do that but go and see Mr. Duncan, i
the president, or Mr. Hicks, the
superintendent. Mr. Sanders hoard i
the last part of my conversation. :
This was three quarters of an hour ;
before I heard that Splawn was shot, i
Would say that it was about half I
past five. '
Cross Ex. Was present at coro- !
ncr's inquest; was there to get the 1
particulars as correspondent of the <
Columbia State. 1 had told Mr.
Gage that I did not know much
about the case. He said he did not
think my evidence was necessary.
I did not toll Mr. Brooks Going that i
I did not know anything about it.
He asked me not to publish any mote
than was necessary. In talking to
Tom I had asked him why lie didn't
go up town and get a job from his
cousin Will or some other friend.
Am originally from Canada. In 2d |
Tennessee Regiment during Spanish |
American war. Regiment disband- 1
cd in Columbia. Been in this country
between 11 and 13 years,
E. J. Gossctt?Second band in
spinning room. Heard the shooting.
Frank Howell was the scouring man:
heard four shots; ran to the door ; i
Frank came through it. Tom Going
was standing in the oflice with a pis- j
tol in hand. He turned and leveled
it on me. Neither spoke, doing!
turned and we* down. I then saw 1
Splawn lying hi bind his desk; 1 at- '
tempted to assist him and he said:
"You cannot get me up by yourself,
I am paralyzed from hero down."
Going never spoke in my presence.
Me and Will Lester got him out
from behind the desk. 1 unbuttoned 1
his collar. About that time the room
was about full. They took Splawn
down then on the elevator. I never
saw any weapon on lloor. After
V
3 Wm. A. NICHC
BANK
i tn
SOLICIT YOU1
* i ar
And promise courteous treatm
jo- tion consist
l'? GOOD 13 /?
on Write all kinds of Insuranc
MONEY ORDERS Issuer
crowd left examined but found
weapons. Found where ball h
glanced ceiling behind Splawn's des
Two. cu{'boards, reeling machine a
desk in the ollice. Drew a diagra
of the flice.
A4t-? admissibility of res gestae ei
Knee Solicitor read law of simil
case Argument by Sanders in objt
lion to admitting the evidence as
what Splawn had said to him at t
time. Fvidcnce admitted, (except!
t>V Mr. Sanders noted.) Mr. SpU\
eiid: 4,Tom Going shot me."
t-*ked him what in the world was th
lor? He said, ,lI do not know
We moved the desk and bronght h
nit from the wall, lie asked me t
i drink of water which I gave hit
I le was then taken down on t
devator. Last pistol shot fired abo
:itne I got to the door leading out
(pinning room into tower (Splawt
)flice.)
.It'HOE TAK liS CRAMP.
At this point 11:45 Mr. W. 1
West, one of the jury, was attack*
,vitli cramp and was allowed to rcti
,o the jury room, where he was s
ended by Dr. J. G. Going. Aft
ifteen minutes the Judge con fern
vith Messrs. Sanders and Seas
il'ter whioh Dr. Going returned at
cpotted Mr. West's condition to tl
lodge, who sent for Dr. Jno. }
Lawson. who went to the sick man.
vas stated that Mr. West was su
eet to cramp. At 12:15 it w
igrced by 'liotli sides to proceed wi
t'.cvon jurors. Dr. J. M. Lawst
vas instructed to take Mr. West
lis room accompanied by the depui
heriff. Hie prisoner in reply
piesi ns from tlie Judge agreed f
lie trial to go on waiving all obje
ions, and the case proceeded.
Mr. Gossctt, who had drawn
Jan of the room, explained the pos
ions of the deceased and the defen
int upon his arrival. Says the cc
>red man came out just as he can
o the door, lie (Gossett) ptisln
lie dooi further open and went i:
That afternoon Tom Going hi
isk<d him if he had seen Mr. Splaw
[ told him 1 had seen Splawn sittii
>11 J. E. Shaw's desk. This w
ibont 5 o'clock. Shaw's room w
>no tloor below mine. Going turn
md went down steps. That w
ihout an hour before shooting c
curred. 1 went in tower again sho
ly after 0 o'clock. Mr. Splawn w
sitting in mi'hllc of desk with han
in his vest. Going was standing
the newel post with his hands
pos* just as you enter* the spinnii
room, about 10 minutes before sho<
I -X ' .1
ng. i went in ine spinning rot
ibout 20 yards and turned ba
when I heard shot.
Cross Ex. Splawn's face w
towards the wall, head resting <
ight arm which was shot.
lie-direct. Saw Going fir?t tir
ift<*r > o'clock in Shaw's offi
is above. Next time talking
SI dawn in Splawn's oflicc. Ne
time after he was shot. Correct
i?v Mr. Zanders. Ldrst saw Uon
when he came through spinning roo
?oc >nd time at Shaw's desk, thi
time and fourth time in Splawc
allice.
J. E. Shaw?l>oss of room beh
Gossctt's oflicc and tower same thir
doing in talking to me in my ofli
-aid lie thought I was that d ?
s . 1 asked him who
meant, lie said Splawn, that he <
not mean me. I teased him abc
his going to get married. Ho wt
up into Splawn's room. I so
heard two or three shots. I wt
into the card room to get out of t
way. When noise ceased I cai
hack out and saw Tom Going cotni
down the steps. I went up to Splaw
room. Dili not sec any weapon
i he lloor.
Cross Ex. Saw the cdaneinrr ?1
f O -"O "
in the wall. Don't know who fou
the bullet. Going did not seem
he mad while talking tomcat i
d<?-k. No one was with Tom wli
he eamc down the steps after t
shooting.
11. I). Kitchens?Was overseei
weave room. Second floor. Waf
my desk when shooting occurr
Card room between mine t
Splawn's room. Saw Mt. Go
about four or five o'clock that aft
noon. He told me he was out c
job again, that Splawn had got 1
out. About all lie said. Did
make any threats. Next time f
him at Shaw's desk. He asked
if I had seen Splawn. I asked 1
what he wanted with Splawn.
* Office and Express Company.
iin said he wanted to get Splawn to sign t
'or his time. I then turned to Shaw and (
in. asked him if he sent his linn Is fo
lie Splawn to sign time for his nands. ;i
ut that I did not. Siiaw said no. After *
of shooting heard Tom say ho had killed |
i's the d s . v
Ores* Ex. Fifteen minutes after
six o'eloek that I saw Tom at Shaw's
^..111.. f f i
U. uesK, aoouc leu or iiite-n minutes |*
ed before shooting. Located time. Re- | y
ie membered looking at watch. Ir : r,
it- lacked 45 minutes r.*? stopping time, c
or Don't remember going to Sh tw's )
ed desk before on that day. Just \\*nt
10, there occasionally to pass oft' the time. c
id Apparently Going was in a good V
lie humor. * '
,1. Redirect. Went on up to SplawnV
It office. Don't think ho had on a sl,
b- coat when I got there. The killing <1
as and the fact of having met T<un there *
tli impressed the fact of my having been
)n at Splawn's desk that afternoon. 1
to saw no weapons on the floor of t>
tv Splawn's office.
to G. W. Turnipseed?Was i?> cird j5'
or room tower time of shoeing. Saw ,,
c Tom between three and four o'clock. ?
I went to Splawn's room afrer the 11
a shooting. Saw men pulling him
iJ. from the wall. Gossett and time or \
d- fous others Saw no weapon on the n
d. floor. b
io Cross Ex. Going was in card ro >in j
?d tower when I siw him. I was in ^
n. same room wi'h Shaw. Going sat on a
id Shaw's desk. Conversation of a b
n> pleasant nature.
It. D. Kitchens recalled?Jake !t
as Going worked in the other mill, ti
as Going was working under Splawn n
c,l when first discharged. Was work-11
as ing for Jake Going when discharged "
>c- second tiuie. \
vt- Cross Ex. It was Mr. Hick's rule !
as to have Splawn sign time for di.s- 1
,ls charged hands.
at Gus Sanders?I passed by whcie '
on Tom and (Jammings were talking. ;
ng Heard Cummings tell Tom "I would
3t not do that, I would go to Mr. Dun- .
)m can or Mr. Hicks and fix it up. ' ,
ck That was all I heard. I saw that i
they were talking before I heard :
as their words.
an Cross Ex. First words I heard t
was ''don't do that." There was no t
ne excitement.
ce Re-direct. It was about four or
to five o'clock. l
xt D. A. Hi ghtowcr?Was on hot- i
cd torn floos of mill when shooting occurred.
Didn't hear shots. Saw
Splawn first at his house, Jseveral 5
rd were there. Helped the doctor to ,
i's dress wound. I emptied his pockets. t
3W (Continued on page 4.)
ice THE FLOYD MURDER CASE. !
1
he (Continued from last week.) J
lid J. I}. Foster, of Jonesville?Knew Joe j
>ut Vaughan. Saw him t he evening lie was 's
killed, lie was in the buggy. lie was (
right much under the ii.tlueuceof liquor, i
on Have known him several years. Know (
mt John Floyd. Next morning was in my (
he store witVJslighl bruise on one cheek. i
in0 Crass Fx. Am father of cue of conn- |
f sel for defense. Saw John about 8 <
n,? o'clock that morning. I
os VV. U.S. Han is?Live in Jonesville. ,
on Know John Floyd "aw him the day |
after ttie murder. Had a little abrasure |
. on cheek; looked fresh. He told me ,
?r how he got it. (Not allowed to say |
nd how.)
to Robt. T. Coleman?Live near Jonesjjjy
ville. Know the houses but don't know
which families occupied each louse.
icn Was at Mr. Malay's the night .Joe
the Vaughan was killed. About a mile
from scene of homicide. Myself, Bur
of Res9 ai)d others sitting in the yard.
Heard shots; sounded rather to the right
1 n of William's house, down towards Floyd,
fid. Two first shots sounded like pistol shots,
md Half hour afterwards heard shot gun
ing add pistol shots clore together. Heard
loud talking; I then heard woman scream.
? I heard the gun shot last. N o relation
''a to the Floyd's, may be a little kin t? the
lim Vaughan's.
not Cross Ex Met there to go hunting;
dogs got to growling and making noise.
First shots were to w aul s the creek. Shot
me gUn makes louder and round repoit.
lim Mabry went down hi cotton patch and
He listened. 1 minded the dogs Shooting
>LSON & SON,
ERS,
R BUSINESS
lent and every accommoda* ,
:ent with
LiNrKLxr^rcs-.
e except life.
1 at the same rate as Post
,?'ry common around there.
Ite-dutcl. Had no idea what the
rouble was about.
After soiue aigument regarding the
ultnission of evidence of Wm. T. Ward
lining his absence the wiitten testimony
vas admitted. lie said he hoard en
iiat night four pistol ( r gun shots, after
iliich lie heard scix-aiuing by woman.
Wilkes W. Floyd?Live in Jonesvllle
uwnship. Fatl er of defendant. Wife
toxauua. One (laughter. Wife of Wm.
"augbati, s >n of deceastd. Li\ed 3f>9
anls from Wm. VaughnnV, oOO yartls
loin |o?? Vaiojhan. I> scribed the leal
ion of Uie Vaughan and Floyd houses\'.:s
at homo i iglit of killing. Hrtird
i>e Vi.iigtiau cti*slug and shooting; knew
is voice; \v is shooting pistol. lie was
nit.i'c !: in liis house down towards
V?..1.111 Vain ban's. lie was asking
Viil am \'.111a 11:t11 with einse woids
,*h?-i<* in*. w i- was. Slie is my daugh r.
. .. ? was a disreputable chaii
ter. t'id d for William to open the
k>;. He l-i .so 1 listened to hear
dial he wii-j going to do. Joe came to
ear u > lime and tired a pistol. He
ill* <! tor in to c.ane out calling nic* a
iMi rogue. He then said he would go
ack and kill her, tne
nd tin ii they would come and he would
bt ihem. I then went to warn my
augiitei Mag tie to get away. 1 went, a
rii.d ii'i iut way. 1 heard someone say
hue 1 was in the fi-ld, "Don't rudi on
in Mr. Vaughan." The voice was
la of John Floyd. Vaughan then
iid, * you are the d
am looking for.'' Then I heard a pisd
Hart and another pistol shot followed
i gun shot. I went on back home,
ohi) Fl?.yd came by in front of my
on.-e atitr shooting; saw him pass,
hortly after vlie marriage of William
no Maggie, Monro Smith came to my
ouse and told me something. There
.'sis had blood between the families.
ie blamed loliti lor the match, i'ieasnt
relations between tauiilies before
laiiiugc. baw Joe Yaughan that
aiming, his lit tie son with him, going
owaid Giitdall bhoals. Myself, wife
i d children were in my house that
nglit. I.* ti all my family in my house
vlien I stiiitid for William Vaughau's.
loe would hollow at top of his voice and
lieu cuise. :i">0 yards from my house
o William Vaughan'ts. Had a tire in
11V llllllSl* S..V Vfullicll*.. ti ? ?l
Willi im1* house. 1"> or 20 minutes
Uier htaid ,Ioe cursing befoie I wont to
William's house Could see iolo Wiliauis
door from my yanl. lie stopped
it William's house and got within 40
y?idi of ni) house when he turned buck,
lien is when I went to get Maggie away.
5aw John loins alter the shooting. Was
iot m my night clothes, and did not tell
liui I was in bed when the shooting
ook place. Heard Joe shoot throe
.iines coining down the road.
At this point testimony was suspendid
until the grand jury took testimony
o another case from Mr. Jas. 11.
todger, who was one of the jurors in
he case under trial.
Comt adjourned at (>:40 p. m.
THURSDAY MORNING,
several witnesses were sworn corroboratng
the loud and boisterous talk between
loe Vaughan and Will Vanghan, sou of
be deceased. W ill.Vaughan also his wife
la ted that Joe Vaughan liad tired his
listol twice while coining to his home;
irtd one shot as lie got to the garden,
le then came to the house and come In?ide,
raised a row, threatening to kUl
lis (W ih't>) wife. Will drew u poker oh
lis rather, his father took the poker
iway from him; in the struggle he had
tushed his father out of tne door and
iliut it. Father then went, off in the
Jiiection of Wilkes Floyd's nouse, then
etuiued and said it Wnl poked Ins head
nit of the door he would iilow his brains
>ut. About this time Joe's wife came
ip with another son, and told Joe not to
rill Will but kill the one he was living
with. She (Joe's wife) also begged Joe
to go home, no use stopping there. After
)oe and his family left they (Will and
liis wife) heard a pistol shot, and directly
afterwards heard pistol and gun shot
close together, pistol shot tlrst. He
heard his mother call him but did not
Ho because he was afraid to ro. Father
was mad with John Fioyd for arranging
the match Ii'Iavpwi Will uml
.. ... ....X. .....fsft.u.
Evidence closed at 11:30 a m.
Mr. W. W. Dixon opened for the defense
at 11:40.
He was followed by Mr. V. E. DePass
for the State.
Mr. Hutler for the defense followed
Mr. DePass, Mr. Foster followed Mr.
Hutler, Mr. J. A. Sawyer followed Mr.
Foster and (lol. O. L Schumpert closed
for the defense.
Solicitor Sense made a strong argument
for the State, and the .Judge
charged the jury who letired at 10
and returned at 10.45 with a verdict sf
manslaughter.
The prisoner was sentenced to twe
years in the penitentiary. Thus ended
a trial full of sensational feature). The
prisoner leaves a wife and ycung child
behind, who have the sympathy of all.