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MIST.> t DAVENPORT CASE
tint. a- he did in the pre
wmiary e:t i :i . h olwn
i tl : : : n n regard t seeing
l. D c-:epi .r: .fter the shooting:
Q. BeI:- y gt up -o this oak
tree ,id y kee anything nnore of Mr.
Tom I )avenport?
A. Y_-. s:r: before I got to the
oak : a Mr. Davenport.
Q. What did he do?
A. He hollered to me and hollered
the second time.
Q. You were right with Mr.
A. Yes. sir: right with Mr. Smith
He hollered, "Mr. Workman." I
didn't pay any attention. I rode
further and he hollered again and I
seen him coming towards me, and I
turned back and met him.
Q. What proportion of the dis
:ance between the oak tree and that
A. I guess I had not gotten much
more than 7 or too yards from the
-hoting: maybe 1oo; that is guess
Q. Up r,;wards the oak tree?
A. Yes, sir.
Q. When he came up what did he
A. "Mr. Workman, for God's sake
do all you can for me; you know he
was riding on me."
Q. What did you say?
A. I says, "Tom. I haven't got time
to talk to you: that man yonder
needs my help and more than my
help;" and I turned and went back
to Mr. Clarke's side,. and he turned
and went home.
Hoir Mr. Smith was taken home
was then detailed. and other matters.
In his cross-examination Mr.
Blea;e brought out that Mr. Smith
had already put the matter of the
road question in the hands of John
.stone & Cromer for action, before the
difficulty took place. and that when
Mr. Workman left Mr. Smith and
went down to see Mr. Davenport on
the morning of the difficulty, Mr.
Davenport was "in his own field, on
hi. own horse, attending to his own
Mr. Blease also brought out that
just before he fired, Mr. Davenport
hollered to Mr. Smith not to ride on
Q. Now, right there, isn't it a fact
that Mr. Tor Davenport at :that time
said to Mr. Smith not to ride oq him?
A Just as he was turning he hol
lered not to. ride on hitn.
Q. Thant was Davenport to Smith?
A. Yes, sirs. - -
Q. Mr. Workman$ w'lien Mr. Dav
enport hollered out, as, you express
*d it. "Don't ride, on me." what did
\Mr. Smith do?..
A. .Just as hisihorse was making
that turn, as Mr. Davenport-* says not
:ride on him, he grabbed up his
reins with his left hand. pulled his pis
tol with his righz, and fired.
Q. What dici Mr. Davenport--youi
say Mr. Davenport pulled his horse
A. Yes, sir: and grabbed his reins
Q. Was Mr. Davenport's horse
walking or standing?
Q. He was not advancing on Mr.
A. No, sir.
-Q. But Mr. Smith was turning on
A. Mr. Smith was turning on him.
It was brought out that there was
no attempt on Mr. Davenport's part
to fire a second time.
During the course of his examina
tion Mr. Blease went into the matter
of difficulties which Mr. Smith was
alleged to have been in prior to the
time he was shot by Mr. Davenport,
asking first in regard to a difficulty
at Mr. A. T. Brown's stable, the wit
ness replying that., was more a dif
ficulty between Mr. Drayt Smith and
Mr. J ahn Wicker and, between Mr.
Wicker and Mr. Clark Smith.
The witness was also asked if he
was present at Mr. Beelie Mangum's
store a good many years ago when
he was shot, and replied that he was
not; he was asked also if he was pres
ent here on one occasion when "Mr.
Smith and Mr. Wilson Longshore had
a fight." and replied that he was not;
he was asked if he wvas present with
Mr. Smith at the time he and Mr.
Burr Goggans had their fight, and re
plied that he was not.
Q. Were you with him the day
Mack atterwhite shot his horse
\ , \\12 'd--~(t
In regard tJ the turn made by Mr.
Smith just prev.s115 to the hooting.
\Ir. I lease bro Jught out :he foHow
Q. Could he have shot him in the
right nipple if his 'horse had not
turned plumb to him: you say he was
-his way (indicating), and he turned
to the right: how could he have shot
him here if he ihad not turned plumb
A. I don't know, sir.
Q. If the horse had been turning
Mr. Smith would have turned this
A. Yes, sir.
Q. And he couldn't have shot him
here (indicating rig<ht nipple), unless
he had turned full face, could he?
A. Nx. sir: not if I seen the turn
The examination proceeded at con
siderable length further both ,n the
cro=s-examnation and the re-direct
On \Wednesday morning Dr. J. K.
Gilder was the first witness Mho took
the stand. He described the loca
tion of the wound, where the ball en
terc:l, etc.. and said that a wet.kencd
cot::lition of both body and mind had
tns-'ed afterwards, and that up until
abo.tt two months ago he had not
thoroughly recovered in mind.
D r. 0. B. Mayer also testified as to
Mr. Smit1h's weakened condition, as
a :ult of the wound. Mr. Blease
bro'ght out, h:'owever. that in Dr.
Ma.-er's exprience he had never seen
a n.in lose his mind as a resul: of a
woId in the body, not in the head.
No Testimony for Defence.
T"e defence put up no testimony.
and Mr. B'ease made the opening and
the closing arguments The argu
me:'ts for the state were made
Me.rs. 0. L. Schumpert and Gcorge
Joh sttone. Mr. Blea.,c conr!uded the
last argument at 2.30 In \Vednesday
7fte:noon and the court adj'-'urned
unt:i 4 o'clock. at which time the
char-e to the jury was delivered and
:he Jury retired. Late Wednesday
night the mistrial was ordered.
During Tuesday afternoJn and un
til the jury retired on Wednesday af
ternoon -the court house was throng
et co its capacity wit'h 'people from
the various sections of the county, is
terested in the testimony and The af.
It is stated the following ballots
were taken byr the jury:
-. I:st vote-i2 for not guilty' of as/
sa.ult and battegy with intent' to kill.
2nd vote-ra2 n'ot guilty of assault
and battery of a high and aggravatedt
3d vote-ro.not guilty of simple asa
sault and battery--2 Tor guilty of sim
pie assault and battery.
.Let His Rents Get Behind.
*The late Governor Marcus A. Mor
ton, whose old home, in faunton, is
now the Morton -Hospital, says, the
Boston Herald, wvas as careless in his
dress as he was punct.ual in collecting
his rents. It was no uncommon sigiht
to see him walking the streets without
stockings, the expanse betw,een the
bottom of his trouser legs, and his
shoes revealing that fact to the public.
One day as the Governor passed
down the street a flutter of white be
neath 'his coat tails gave mute testi
monv of the need of repairs in which
his trousers stood. In a group of
idlers was a wag who was also one of
the Governor's tenants.
"Great horn spoons!" he shouted,
as the Governor passed, "I never
knew Governor Morton let his rents
get so far behind!"
No wonder people have so little re
spect for advice; there is so much
that is worthless.
Just For Fun.
"'A woman's bonnet would not cost
much if it wasn't for the trimming"
said the miserly husband.
"Neither would a man's whiskers"
answered his wife.
We will give a barbecue in the
grove at the rseidence of Mr. Jno. A.
Cromer on Wednesday, July 19.
Speaker's on the issues of the day will
be on hand. A good dinner and a
pleasant time. Everybody invited.
D. A. Kleckley,
T. H. Crone.
An Examination to be Held July 7
Requirements Noted on
County Superintendent J. S. Wheel
er has announced that the Winthrop
college scholarship examination. will
be held at the county court house July
7. Blanks have been received for fill
ing out by applicants, and this mist
be attended to by those desiring to en
ter the competition. On the r!verse
of the blank is given the following in
t. Upon consideration of the fore
going paper, fully and clearly filled
out in every particular, the board of
trustees will decide if the applicant
is. in their judgment. eligible for the
award of a scholarship under the law
and the decision of the board will be
communicated to the applicant by the
president of the college.
2. All competitors for scholarships
must fill out and forward this paper
to President D. B. Johnson. Winthrop
College. Rock Hill. S. C.
3. The competitive examination
for the award of Winthrop college
scholarships will be held a: the coun
ty court house in each county July 7,
1903, at 9 a. m.. at the same time the
examination for er.trance is held and
upon_ the same questions.
The examinations will be held upon
arittmetic, grammar. geography.
United States history, algebrathrouLh
simultaneous simp'e equations, writ
ing. spelling and composition. A
scholarship is worth free tuition and
one hundred dollars in money for one
ses: ion, and may be continued from
year to yc r for'four years' or until
gra luation,, upon the good behavior
and earnest, conscientious application
of the student to all her school duties.
Th< ;e scholarships will in no case be
coninued to students whose rank and
star ding is low, -whose general de
nie,:'tor is objectionable, who do not
give promise of usefulness as teachers
or whose health other circum
stances prevent attendance c.e: nr
forr.:ance of college duties.
Each county is entitled to as many
scholarships as it has representatives
in the lower house of the general as
Precedence in admission and ac
commodation of new students will be
given to scholarslhip students. .
The~annual session opens on.,Wed
nesday, Scriteiab.er 20.. Students must
lye..present on opening. day... Those
alksent with'out good cause will forfeit I
:theirs scholarships andi dormitory
4. The qualifications for becoming
a competitor.for a scholarsihip are as
follows: The applicant must be not
less than 15 years of age, of irre-I
proachable moral character, in good
healt:, with no physical defects, hab
its or eccentricities wvhich would in
terfere with teaching, and' must pro
p)ose to follow teaching as a vocation.
She must also make proof . to the
board of trustees of the college, upon
certificate of auditor and treasurer of
the county, of her financial inability
to attend college. Unless this proof
is satisfactory to the board the appli
cant cannot be.awarded a scholarslhip.1
No one will be debarred because of2
attendance upon the college during
:he past session, unless she has for
feited her membership in the college
tinder its rules. t
5. An applicant must make an av
erage of not less than 70 per cent on
the whole exagnination and must not
fall below 50 per cent, on any of the
subjects of the examination in ord'ir
to be eligible- for appointment to a
scholarship. It is possi'ble for an ap
plicant to secure xoo on eacfh subject.
THE COLUMBIA EXCURSION.
Twelve Coaches Loaded With Ne
groes Here Wednesday-Good
The exctursion from Columbia%Ved- s
nesday brought abotit one thousand b
negroes to Newberry. Nine hundred
and eighty-one tickets were sold, and
there were abotit twenty dead 'heads.
The excursionists were a picnic at
Jones' woods, and all had a big time.
Considering the large number of
negroes on the streets, the negroes
behaved exceedingly well-by far the
most orderly of any excursion crowd
ever in Newberry. Only three or
four arrests were made, and they were
for only minor charges. The excur
g INTO THE
R. C.l Willia
Granite Front B
ing, into larger an
where stock will be mc
'and better displayed,
S */ will be in better shape il
That's the Reason f
Sale Now Going onI
g for our entire lin(
* and best. house
inside of the next
* It's a big underi
I we're going to ofi
I ducements that i
* choosing is the bi
"Do you think they'll ever be -able
o run the trains so fast that we can The
o from Chicago to New York and in No.
iack in a. day?" teache
."I hope not. What's the use going $35-o0
o -Ne'w York if you can't stay all must t>
Cheap Excursion to Atlanta, Ga.
The Southern railway will operate Fi
.popular day light excursion to At
anta, July 6th, 7th, on the following
chedlule and rates: ON
Rate the hi
Lv Newberry 8:oo a. in., $2.50 posed
Lv. Ninety Six 8:55 a. mn..r.75 lar ai
Lv. New Market 9:07 a. m. I-7 years,
Lv. Greenwood 9:2o a. mn. 1.50 isr
cr. Hodges 9:36 a. m. 1.5ns0
Lv. WVardville 9: 43 a. mn. 1.50 don't
Lv. Donalds 9: 55 a. m. i-5o and s
Arrive Atlanta 3:oo p. in.
Returning, this excursion train H
eave Atlanta 8:oo p. m. Atlanta time,
uly 7th- Phc
A representative of dhe Passenger
)epartment Southern railway will 3
ersonally conduct the excursion
rough to Atlanta to insure good or- ~
er and ample accommodations for
'This is a rare opportunity offered SO
eople of this section to visit Atlanta. so
For information, apply to Ticket er tC
W. E. M'cGee, w
D. U. A. Augusta. of 8
R. W. Hunt, h l
D. P. A. Charleston, S. C. hl
TEACHER WANTED. Th
The patrons of Vaughnville school ja ga
ill meet on the 1st Saturday of July,
y>5 to elect a teacher for our next WOri
chool term. All applications must rg
e sent to the undersigned trustees.
C. A. Brooks, sacr
W. S. Atchison. ro
june 7, 1905- ho
.NOTICE. of P
Wve will gum and file gins for the
ublic at a reasonable price. We adVi
ave the latest guimmer and filer, and
Little Mountain Oil Mill Co. 3f
J. B. Derrick, Prest.
Little lMountain, S. C.
.nd where we 3
i every way to
or the Great I
it Our Store,
3 of newest I
ed into cash *
3 months. t
er price in- g
viIl make it I
early while I
patrons of Mr. Bethel school
2 township desire to employ a_
r for seven* months. Salary
per month. All applications
e sent to
J. C. S. Brown;
Jno. S. Ruff.
will insure your Frame
ing for only sixty cents onl:
indred dollars, (not ex
), or better still, one dol
id eighty cents for five:
.Good business people.
their property, why
you? Insurance on stocki
Lore buildings also,
~LMES & McFALL,.
Fire Insurance Agents..
ir Fall stock will
i arrive, and in ord-.
>make room for it
vill offer you a line
ox Paper for ones
the regular price..
paper is perfect:
iery respect and!
:h every cent of the
Liar price, but is:
ificed t o m ake
r for other goods.
se who have needi
aper should take
Lntage of this sale