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VOL. XLII. NO. 82 NEWBERRY. S. C.. FRIDAY JUNE 30, 1905. TWICE A WEEK. $1.50 YEAR
MISTRIAL DAVENPORT CASE
The Jury Ten to Two For Acquittu
-Remain In Room to ii O'clock
Af:er having had the case for abou
seven hours, the jury in the case c
the state vs. Thos. J. Davenpor1
-charged with assault and battery wit
intent to kill, announced that tiher
was no prospect or possibility of a:
agreement, and a mistrial was ordere
It was learned unofficially that th
jury stood ten for acquittal and tw
for conviction -of assault and batter3
The case was called on Tuesda
afternoon, the jury empanelled, an
the only eye-witness, Mr. - Thos. F
Workman, examined. On Wednes
day morning Drs. Jas. K. Gilder an,
O. B. Mayer gave the:r testimony a
to Mr. Smith's condition after he wa
wounded and now, and the argument
-of counsel were made. Judge Klug
charged the jury immediately afte
the dinner recess on Wednesday an
te case was given into their hand
at about 430 o'clock. Shortly afte
ii o'clock the announcement cam
that there was no possibility of a:
agreement. and a mistrial was order
Counsel and Jury.
Johnstone* and Cromer and Schum
pert and Holloway appeared as -toun
sel for the state to assist the solicito
and Hon. Cole L. Blease appearei
for the defense.
Mr. Johnstone conducted the exam
ination for the state as Solicito
,Cooper was unwell.
The state had two objections an
the defense five in the selection of th,
jury. Mr. L. C. Pitts was stood asid
-r air-xaminM4bg on his voir dirt
.So ws T. H. ChaTiers, because o
relationship and Jas. F. Epting be
cause he was not a registered votei
N stwe objected to H. W. Domi
rick. e defense objected to T. S
-is., U. D. Derrick, Eno
Comrts ustus A. Fellers. Th
following was the jury charged wit]
'tbe~tial of the -a'se: Geo. T. Reid
een Ira ?t Erir B. H. Wil
on, J.L Derri j. C. Leitzey, Gec
P. Ri, J. R. D iiick,'P. T. Livings
ton, J. C. Salter. E. Scott, and Bei
G. Abrams, R. P. Huffman.
Testimony of T. R. Workman.
The testimony of Mr. Thos. R
Workman, the only eye-witness. wa
.practically the same as that given b;
him at the preliminary hearing befor
Magistrate Cannon G. Blease.' It wa
snore extended, of course, and includ
-ed a rigid cross-examination by Mi
- Blease. The testimony at the pre
himinary examination was publishe,
in full in The Herald and News, an:
it is useless tio give here the full tes
timony of Mr. Workman in the cour
house on Tuesday afternoon. His ac
-count of the shooting, after telling c
the dispute about the road questior
and that he and Mr. Smitlh had ridde:
over on the day of the difficulty t
inves:igate the matter, was as follow5
Direct examination by Mr. Johr
Q. Did you call Mr. Smith's al
tention to it?
A. Yes, sir: I said I see Mr. Dai
enport now, and I would like to se
him while I am over here to save in
that much ride over tio his house; thn
I promised him I would come ove
here and give him my ideas abot
'the old road.
Q. What then did you do?
A. Clarke says I didn't know tha
So we rode off down to the big rloa<
Q. You and Mr. Smith?
A. Yes, sir.
Q. To the big road?
A. Yes, sir.
Q. Where the old road joined int
the big road?
A. Where the last road entered.
Q. You rode off in that directior
A. Yes, sir.
Q. WVhat did you do when you g<
A. T said to Clarke. "You and To1
better just straighten this thing up,
settle it here , amongst yourselves."
1 Ee. said. "I would be glad to do so,
and if Tom wants to see me you all
can come back here. I will wait here
awhile for you and if you don't come
t I will ride back 'home."
f Q. You then
:, A. I left Mr. Smith there then.
i Q. Under an old tree?
e A. Oak tree, and rode part of th
S.Va. to Mr. Davenport, where I
r. could see him again, and hollered to
e him and motioned to him, and he met
me in the field.
Q. In his field?
y A. Yes, sir. We spoke to each
I other. We chatted a little while, and
I says, "Clarke is down there and
you and him better straighten up this
I thing; he says if you want to see him
s he will wait up there." Mr. Daven
s I --t says. "I don't want to see him;
s he will want his way. W+hat is your
i idea about the road?- That is, Mr.
r Davenport asked me that. I pointed
I out to him, told 'him my first i-ecol
s lection of-the-old road, as to where-it
r run thr'ough the 'woods. nowin culti
e vation, and over. there where yon
z spoke of then under the fence. He
-says. "Uncle Fed says it come out
here." and we rode off to see. He
says, "Tomi, I i-ill not attempt to say
- exactly, only I know it come out on
- top of the hill, and uncle Fed says
r the road run out down there leading
out to the saw mill." I says, "That is
correct, and then the old road run
- out towards the old grist mill," and
r then I seen vr. Clarke for the first
time after I left him, and I says,
I 'There is Mr. Clarke yet." We then
a turned and rode to where Mr. C, :ke
2. You an* Mr. Divs ?prt?
A. Yes; s. We fc md' Mr. Clarke
- Sntk off'his-horse; sttirg- under the
.-2rd tre -with- a switdh piddling in
- tle sand. They spoke. and after
. speaking awhile the road subject
s conme up.
e . Q. Do you remember who brought
I it up?
, A. No, sir; I do not. My first
- recollection it come up was Mr.. Dav
enport saying the old r'oad, Uncle Fed
- said it run back up here, and Mr.
1 Clarke says it come out' right 'here,
kind of up the line tihere, and Mr.
Davenport said there never had been
- a road up there. Mr. Clarke says,
5 "Why, Tom, didn't I haul my guano
r up that road this year." "Yes, by
t God, the one I make hauling my
S cord wood." "Yes, and it was there
- when I first -moved to the Walkop
.place." That was Clarke's repay.
- Tom said, "I said to Mr. Workman,
I yesterday if you will open the back
I end of this road, as you say for you
- and others, I will give you a road
t down yonder." Mr. Clarke, says,
- "That settles it; sho-w me where I
i can go across here, and 1 promise
, you never to make a track -up that
> Q. Between Godfrey Harmon's
:and Mr. Tom Davenport's?
- A. On the left a l.ittle there.
Somewhere in our converstation Mr.
- Davenport says to Mr. Clarke. "Did
n't I teff' you that you could travel
- p this rOad." and Mr. Smith says yes.
e Q. That was the road he proposed
e to give him?
t A. - No. sir. "Didn't I tell you
r you cofild still go across here," and
t Clarke says, "'Yes, you said split this
line, and how can I split the line."
I don't recall exactly how it was con
t. nected, but it was in there too.
. Q. Go ahead. "Go down and show
me where I can go across, and I
promise you I will never make an
A. --And I will go to work this
o evening and cut out the 'back end of
the road." So Mr. Clark got on his
.? Q. Up to that time Mr. Clarke
Smith w~as on the ground sitting
A. Yes. sir.
' Q. Did he ever g-et up 1mtil just
before you started?
A. 'No, sir; not until we got ready
to go down
Q. Where did Mr. Davenport
A. Mr. Davenport was 'on his
Q. And the conversation took
place between Mr. Smith on the
ground and Mr. Davenport on the
A. Yes, sir.
Q. Did Mr. Clark Smitn have on a
coat or not?
A. No, sir; he had on no coat; in
his shirt sleeves.
Q. 'Then what?
A. He got on his horse and rode
off down to see where he could go
Q. In the direction Mr. Daven
port h'ad shown him?
A. Yes, sir.
Q. You went in the public road?
A' Yes, sir: going down there.
Q. 'Who was in front?
A. Mr: CIa'k Smith.
Q.' How" far?
A. Just 'a short space; I suppose
riiybe the space bf a horse, difference
iii 'front of us, not very far.
Q. Not further than perhaps from
me to you?
A. - I wouldn't -think.
Q. Where did you ride?
A. I, and .Mr. Davenport rode
pretty mu.ch together.
Q.- Side by side?
A. Yes, sir.
.Q. And behind Mr. Smith?
A. Yes, sir.
Q. Was Mr. Smith still in his
A. Yes, sir.
Q. How far did you ride on down
that pttiic road until yott got to this
.A About 4ou yards, I would guess.
Q. Was-. there- anything:unpleasant
said along the way?.
A. There was a lite jipa ant
ness right on -he wax. --Mr. Tom ac
cused Mr. Smith of -cutting three
trees up t:ere. Mr. Clarke- said he
didn't do it.
Q. Did Mr. Smith answer in an
A. No, sir.
Q. Repeat what was said?
A. Mr. Tom accused him of cut
ting three trees, and Mr. Smith says,
"I dida't do it," and Mr. Tom says,
"I didg't suppose you done it your
self, by God -I didn't suppose that, but
you had your man to do it, as you
do everything you want done," and
Mr. Clarke says, "No, I didn't have
myman to do it, either," and I think~
tat was about all the unpleasantness
said on that line. We rode- on, then,
down to wihere he proposed to give
a road. He says tvhere, "You can gc
across there, go across the
crop, and I will gather what is left
and next fall, or next spring, or next
year, I will leave it unplowed up. By
God, you want to make me give yota
a road back yonder." Mr. Clarke
says. "No, I am just simply asking
for my rights." Mr. Davenport says
"Well, by God, this ain't the firsi
time you rhave been trying to run ovet
me." Mr. Clarke had stopped, we had
all stopped, Mr. Clarke stopped and
commenced to turn his ho'rse, anc
says, "I didn't come here f-or no fuss.'
but if nothing will (10 yot.
but to get mad, just get mad
and while he was on the turn Mr
Davenport grabbed up his reins an<
pulled his pistol and fired and sho
Mr. Johnstone furtiher brought on
from the witness that Mr. Smith was
in his shirt sleeves and unarmed, an<
that he had his bridle reins in on<
hand and a switch in the other. Th<
switch which Mr. Smith carried wal
produced in the court room. Thi
witness testiniedtha'tat the time ofth<
shooting Mr. Davenport and Mr
Smith were about eight feet apart
and detailed the circumstances follow
STATE BOARD DIRECTORS.
Commanded to Show Cause Wh3
Beer Dispensarers are Paid Com
mission Instead of Salary.
Columbia, June 27.-As a result o
an application for a writ of mandamu.
this morning before Judge Ernes
Gary there will he a hearing befor<
him on July 3 as to why the Stat<
board of dispensary directors shoulc
not pay beer dispensers salaries in
stead of royalties.
The proceedings were brought b3
Ex-Governor John Gary Evan!
through Messrs Bellinger, Townsent
and Commander, and the hearing
Monday is expected to be most in
teresting. Some time ago Mr. Evan.
attempted to get the same case befor<
the Supreme court, but on account of
the crowded condition of the dockel
it was found necessary to postpone
proceedings until the November term
This morning, however,. Mr. Evan!
stated that he had decided to bring
the matter up before a circuit Judge
The order issued by the Judge thi!
morning is as follows:
"Upon reading and filing the peti
tion herein, it is ordered that H. H
Evans, 'chairman, and John Bel
Towell and L. W. Boykin, as consti
tuting the State board of dispensar3
directors, be, and they are hereby re
quired to make return to the petitior
herein on the 3rd day of July anc
show cause why the writ of manda.
mus should not be granted.
"That said cause be shown at m3
chanibers at the court house of Rich
The petition as set forth is a:
The petition of John T. Gaston,
citizen of this - State, respeetfii
shows unto the court:
i. That H: H. Evans, john Bel
Towifl. and L, W. Boykin are the dul3
eected anqua)jie4 direcars. of. thi
Stafe. dispensuy and are constitutev
by law the -board- of directors of th4
2. That as such board it is theti
duty among others prescribed by See
tion 565, Criminal Code of this State
to determine and fix the compensa
tion of the various county dispenster
and their assistants.
3. That the said board has estab
lished in the various counties of th+
State, dispensaries, limited to the sal
of lager beer, and commonly knowt
as beer dispensaries, and the follow
ing named persons have been dul:
elected and qualified as county dis
pensers in charge of such beer dis
pensaries, to ,wit: R. L. Courtney
Aiken: C. H. Kennedy. Aiken: T. B
Earle, Anderson; Chas. Cohen, Beau
fort; T. H. Milton, Camden; J. S
Farnum, Charleston; Robert Grahami
Charlestont Chas. Narey. Columbia
L. L. Bultman. Columbia; D. H
Goble, Columbia: N. D. Porter. Co
lumbia; S. L. Sweeney, Columbia
J. W. B. Duncan. Columbia; J. W
Mitchell. Columbia: M. WV. Wil
liamson. Columbia: J. H. Mancke
Columbia; C. Alexander, Darlington
R. L. Scurry, Edgefield: A. B. T
Cary. Fort Freemont: D. Crowley
Georgetown; J. E. Payne. Greenville
WV. B. Jones, Greenville: J. E. Hol
combe, Greenville: A. Shaver, Lau
rens; P. F. Baxter, Newberry; J. C
Murp-hy, Orangeburg: J. G. Attaway
Port Royal: Joe Huseman, Spartan
burg: L. Riebling, Spartanburg
John Bishop, Spartanburg; J. TI
Thackston, Spartanburg; J. D. Blan
ding, Sumter; C. C. May. Union
J. R. Askew, Union; James R. Cant
That the respondents have faile,
and refused to determine the compen
sation of said dispensers and -th
board of directors of the State dispen
sary are absolutely ignorant of. an
are unable to give any information a
,to the amount of compensation re
ceived by said dispensers, and no rec
. ord thereof is in the office of the sai
directors. to the injury of the peti
DIG AT POLITICIANS.
Senator Tiliman Writes A Letter
Watched Antics With a Great
Deal of Amusement.
F Greenville News.
Senator Tillman, in a letter to Pres
ident Tindal of the Cotton Grower's
association of Greenville county,
makes a direct dig at certain politi
I cians who, he believes, are trying to
seek political preferment through that
organization. When he was invited
to make an address in Greenville on
July 4th he accepted and in a letter to
Mr. Tindal, which is characteristic of
the man, he spoke freely and bluntly
and said that he had detected the ear -
of the ass behind the thin disguise of
Mr. Tindal did not feel at liberty to
give the letter to the press because
he eonsidered it a personal communi
cation. Yesterday, 'however, the edi
tor of the Greenville News tele
graphed Senator Tillman requesting
the privilege of publishing the letter
in this newspaper, stating that if it
contained any personal references
they would -be eliminated. The fol
lowing reply was received from Sena
"Letter had no personal references.
You can publish all of it."
When this message was shown Mr.
Tindal he gave out the Tillman letter,
l which is as follows:
Trenton, S. C.,June 20th.
Hon. H. B. Tindal, President South
ern Cotton Grower's Association,
Greenville. S. C.
My Dear Sir: I received your let
ter of June 14th some days ago, and'
also had a telegram from you today.
L hr ie aker careft* coud
t eIstion at F wiff accept your inur
tation and. speak in GreenvilRe on tle
I Fourth of July.
I have watched with some am1W
ment and interest the antics of cer
tain" political aspivas ' have
-thought that "Vdet cted the *ss's ears
of office seekers protrudi tWougfr
the: thin disguise furnisht - by the:
movement to organiz,.. _the cotton
, growers for self-protection. Of
course; d!ere*are-many earnest, honest
mew engaged is the work' and. the ef
forts- of these- ar- appreciated by all
right thinking people. I will endeav
or in my speech to avoid any politi
cal references other than such as in
cidentally force themselves with the
. evils which have environed us for so
, many years, and suggest tihe remedies
- as I see them.
I will probably go-to Greenville the
,night 'of the 3rd in order to be well
.rested for the work. While my health
. is reasonably good I never know
.when to expect trouble and have come
to realize that I cannot stand'what I
used to, and must therefore husband
my strength. As I am going to
Greenville I s'Sall of course be glad
to~ have the people know it and hope
you will give it the widest possible
publicity in order that all my friends
who wish to see me may know for
certain that I am going.
Tihanking you for your courtesy, I am
- B. R. Tillman.
- tioner and this State at large.
4. That said beer dispensers are
', mere licensees responsible to no one
- as now regulated, and they are owners
;of their places of business, the furni
.ture and fixtures, and obtain the prof-.
- its there from, except a small royalty,
;and with the consent of the bioard of
- directors of the State dispensary, to
the injury of the petitioner as a citi
j- zen and patron of the schools of this
- State, and its citizens at large.
e Wherefore, petitioner prays that a
- writ of mandamus be issued by this
honourable court, compelling and re
s quiring said board of directors to per
- form its duty as required by statute.
- John T. Gaston,
d Jno. Gary Evans.
- Attorneys for Petitioner.