Coroner's Inquistions
 1908 - 1918
NEWBERRY COUNTY, SOUTH CAROLINA
Transcribed and contributed by Edith Greisser

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at Miss Fannie Johnstone’s Place in the County and State aforesaid, the 2nd day of August A. D. 1908, before F. M. Lindsay, Coroner, upon view of the body of NOOKS TUCKER of Newberry Co. SC, then and there being dead by the oaths of J. M. K. Bushardt, Hamp Alewine, Mace Hart, Sam Minick, L. L. B. Epps, H. W. Bowles, A. G. Leitzsey, C. D. Bushardt, J. L. Mayer, R. T. Johnson, Arthur Sligh and W. C. Brown, being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Nooks Tucker came to his death, upon their oaths, do say that the said Nook Tucker came to his death from the effects of a gun shot wound at the hands of Elliott Gallman in Newberry Co. SC on August 1st 1908. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid Elliott Gallman in the manner and means did kill and murder the said Nook Tucker and that the said Melvin Tucker was an accessory to the killing.

IN WITNESS WHEREOF I, F. M. LINDSAY, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                                           F. M. Lindsay, Coroner (L. S.)

                                                                                                                                       J.M. K. Bushardt, Foreman (L. S.)

W. C. Brown (L. S.)                          D. S. Minick (L. S.)                          L. L. B. Epps (L. S.)           C. D. Bushardt (L. S.)

C. H. Alewine (L. S.)                        H. W. Bowles (L. S.)                        A. G. Leitzsey (L. S.)        J. L. Mayer (L. S.)

Mace Hart (L. S.)                                             R. T. Johnson (L. S.)                        Arthur Sligh (L. S.)

EVIDENCE

TOM RUFF sworn says:

I was here yesterday on Miss Fannie Johnstone’s place August 1, 1908. Elliott Gallman and Nook Tucker were shooting craps. He throwed ‘11’ to Nook for a nickel. Nook said it wasn’t fair. Elliott asked Nook to lay it down. Nook told him he was not going to put it down. Nook says, “You take your nickel and I take mine.” They rose up. Elliott fixed a pistol at Nooks Tucker. I did not see Nooks have a pistol. When Elliott shot ‘11’ he was [the] winner of Nooks’ nickel. When he was shot at [the] first time Nooks left and went back up to [the] barbecue. Elliott went on back to [the] barbecue too. Melvin was at [the] first shooting. I was there too. Elliott had a coat on. Nooks did not. I did not see Nooks with a pistol at all. Nooks left [the] game first.                                                                                                       THOMAS RUFF

P. G. ELLISOR MD sworn says:

I saw this boy between 11-12 o’clock in [the] night. I found him with this gun shot wound in his abdomen. I told him I thought he had a mortal wound – he would die. He said he felt like he was going to die too. I asked him as to [the] cause of [the] fuss. He said they were gambling and fell out about a nickel. He said Elliott Gallman shot him. His mind was perfectly clear. He further stated he was not armed. This was August 1, 1908.                 P. G. ELLISOR

JOHN CALDWELL sworn says:

I was here on Miss Fannie Johnstone’s place yesterday August 1st 1908. I was about 20 steps from Nook when he was shot.                                                                                                                                                               JOHN (X) CALDWELL

ED SUBER sworn says:

I met Melvin and Elliott and Nook. They were not together. They were 5 or 6 yards apart. Heard Cooter say, “Shoot him”, talking to Elliott. Nook steps backward from Elliott and Elliott shot. Nook had no pistol, made no move to draw a pistol.                                                                                                                                            ED (X) SUBER

JOHN GALLMAN sworn says:

Melvin Cameron told me to get back out of [the] way. Melvin Cameron said, “Shoot him”, talking to Elliott Gallman to shoot him, Nook Tucker. Elliott shot Nook Tucker. Shooting was done at Milt Marshall’s barbecue 1st day of Aug. 1908 about sundown. I saw Melvin Cameron’s pistol. He had it in his hand. That’s all I know about it.    JOHN GALLMAN

WILL MAYBIN sworn says:

I was down to uncle Milt Marshall’s barbecue on Miss Fannie Johnstone’s place. I was standing opposite Nook Tucker. I heard Melvin Wilson say, “Shoot him.” Nook Tucker went to turn around and cross over a little log. Nook, he turned around to see who it was says “Shoot him”. Elliott Gallman pulled his pistol out of his bosom and fired and hit Nook Tucker. Melvin Wilson told Elliott to run. He run. Nook did not have a pistol. I could have seen it if he had one. I did not see a pistol on Nook. I could have seen a pistol on Nook if he had one. He did not have a coat on. I did not see Melvin Wilson’s pistol. I did not hear Nook Tucker say anything after he was shot. This [the] first I knew of [the] difficulty. I came back after I went to Mr. Myers. I was not here when [the] boy died. This was yesterday August 1, 1908.

                                                                                                                                                      WILL (X) MAYBIN

JAMES MAFFETT sworn says:

Nook says to me, “Is that you, D. Maffett?” I says, “Yes, this is me.” I asked him who shot him. He says, “Elliott Gallman.” I asked him what he shot him for. He says, “One 5 cts.” He asked me to pray for him – he is obliged to die. Yesterday about sun down. I don’t know what time he died. He made this statement to me about 20 minutes after he was shot.                                                                                                                                              JAMES MAFFETT

ED SUBER recalled:

Elliott had my coat on. Nook had no coat on. I got my coat between [the] first and second shooting.

                                                                                                                                                      ED (X) SUBER

This is to certify that Nook Tucker came to his death from a gunshot wound in [the] abdomen.

Aug. 2, 1908                                                                                                                                P. G. ELLISOR  MD

Nucks Tucker, 22 years old colored was shot and killed by Elliott Gallman 18 years old colored over a nickel at a craps game. Melvin Wilson colored 17 years old is held as an accessory, Newberry Observer 8/4/1908, page 5

Elliott Gallman - COURT OF SESSIONS –murder – continuance on account of sickness of other defendant, Observer 3/19/1909, page 8; guilty of manslaughter – 3 years in the Penitentiary, Observer 11/16/1909, page 8; 28 years old colored, COURT OF SESSIONS for Spring/Summer 1909 terms – murder – guilty, Observer 12/7/1909, page 10

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at S. B. Aull’s Place in the County and State aforesaid, the 9th day of August A. D. 1908, before F. M. Lindsay, Coroner, upon view of the body of HENDERSON CHICK of Newberry Co. SC, then and there being dead by the oaths of W. E.  Merchant, Hix Conner, James W. Johnson, A. K. Epting, J. N. Sligh, C. B. Eddy, D. A. Kleckley, J. N. McEntire, J. F. Ray, J. M. Suber, Newton Smith and A. A. Sligh being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Henderson Chick came to his death, upon their oaths, do say that the said Henderson Chick came to his death from the a gun shot wound inflicted by the hands of Tom Swindler on August 8th 1908 and from which wound the said Henderson Chick died on the 8th day of August 1908. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid Tom Swindler in the manner and form aforesaid Henderson Chick then and there feloniously did kill against the peace and dignity of the same State aforesaid.

IN WITNESS WHEREOF I, F. M. LINDSAY, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                                           F. M. Lindsay, Coroner (L. S.)

                                                                                                                                       W. Ernest Merchant, Foreman (L. S.)

Hix Conner (L. S.)             James W. Johnson (L. S.)                A. K. Epting (L. S.)                           J. N. Sligh (L. S.)

C. B. Eddy (L. S.)               D. A. Kleckley (L. S.)                      , J. N. McEntire (L. S.)                     J. F. Ray (L. S.)

J. M. Suber (L. S.)              N. A. Smith (L. S.)                            A. A. Sligh (L. S.)

EVIDENCE

RED RUTHERFORD sworn says:

I was on or near [the] line of S. B. Aull and W. E.  Merchant’s lands on August 8, 1908. That Elliott Chick and Tom Swindler were gambling. Elliott won 50¢ of Tom Swindler’s money. Elliott changed [the] money. Tom Put his hand in his pocket and pulled out his pistol and told Elliott to put down his money and not change it. Elliott threw [the] money down. Then Henderson Chick grabbed [the] pistol, Tom Swindler’s pistol. Then [the] pistol was fired but hit no one. Henderson turned and run. Then Tom shot Henderson. Henderson was running from Tom and was about 10 or 15 yards off. Red Rutherford, Elliott Chick, Clint Rivers, Arthur Wright and Henderson Chick and Tom Swindler were shooting dice. Did not see any pistol but Tom Swindler’s. Was shot over [the] left ear from behind. Tom Swindler said, “Red, you know that I would not have shot him if he had not grabbed my pistol and tore my shirt.       RED (X) RUTHERFORD

ELLIOTT CHICK sworn says:

Of Henderson Chick- that I am a brother. Was on [the] line of Mr. Aull and Mr. Merchant’s on August 8th 1908, shaking dice with Tom Swindler. Red Rutherford, Henderson Chick, Tom Swindler, Arthur Wright, Clint Rivers and myself were all there shooting dice. I won ½ dollar of Tom’s dollar and gave 2 quarters in change. I got [the] dollar. Then Tom Swindler reached in his inside coat pocket and got his pistol and cocked it and throwed it down on me. Red Rutherford said to me, “Throw down [the] money.”  Henderson Chick caught around Tom Swindler from behind around both arms. Then [the] pistol was fired but hit no one. Then Henderson turned him, Tom Swindler, loose – then walked off about 10 feet. Then Tom Swindler shot Henderson in [the] left side of [the] head from behind. Saw no pistol but Tom Swindler’s. Saw no knifing. Henderson said nothing at all after being shot.                                                       ELLIOTT (X) CHICK

CLINT RIVERS sworn says:

That Tom Swindler and Elliott Chick were gambling near [the] line of Mr. Aull and Mr. Merchant’s on Aug 8th 1908. Elliott won 50¢ off Tom’s $1.00. Tom got mad and told Elliott, “Let’s go home and not have no fuss.” Elliott got up and gave Tom 2 quarters and picked up Tom’s dollar and Tom run his hand in his inside coat pocket and got out his pistol and said, “Sit down”, and said, “Let’s play on.” Elliott sat down. Then Tom cocked his pistol and throwed in Elliott’s face and said, “Throw down all my G—D—money.” Elliott put [the] money down. Tom says he will kill all of us “If you don’t put down my money”. Red Rutherford, Elliott Chick, Clint Rivers, Arthur Wright, Tom Swindler and Henderson Chick were all there. All had been shooting dice. Henderson went up in front of Tom Swindler and grabbed at [the] pistol which fired and hit no one. Then Henderson ran and Tom shot him in [the] left side of [the] head. Henderson was about 10 steps when he was shot. Did not see any pistol but Tom’s. Saw no knives.                                     CLINT (X) RIVERS

ARTHUR WRIGHT sworn says:

That I, Red Rutherford, Elliott Chick, Clint Rivers, Henderson Chick and Tom Swindler were near [the] line of Mr. Aull’s and Mr. Merchant’s on August 8, 1908. That we were all there gambling. Tom Swindler and Elliott Chick were throwing dice for 25¢ a throw. Elliott had won 50¢ of Tom’s money. Elliott put down two quarters and took up Tom’s $1.00. Tom told Elliott to put down his money and put his hand in his inside coat pocket and got his pistol out and throwed it down on Elliott. Henderson grabbed his pistol. [The] pistol went off. Elliott grabbed Tom Swindler after [the] pistol was fired. Don’t know anything more as I ran. Tom said to Elliott, “Lay down [the] money you G—D—son of a bitch or I will blow your brains out.”                                                                                                               ARTHUR (X) WRIGHT

I testify that i have examined [the] body of Henderson Chick and find that he came to his death from [the] effects of a gun shot wound – [the] ball entering [the] left temporal bone and running almost directly through [the] brain and lodging in [the] skull on [the] opposite side.

August 8, 1908                                                                                                                           JAMES K. GILDER MD

Henderson Chick colored was shot and killed by Tom Swindler colored while gambling near Jalapa on 8/8/1908, Newberry Observer 8/11/1908, page 8

Tom Swindler colored shot and killed Henderson Chick colored while gambling near Jalapa on 8/8/1908. He came to Newberry and surrendered, Newberry Observer 8/11/1908, page 8; Court of Sessions – convicted of murder with recommendation to mercy – life in the penitentiary, Newberry Observer 11/24/1908, page 1; Removed by the Penitentiary Guard to Columbia to commence with his sentence, Newberry Observer 12/1/1908, page 8

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at S. B. Aull’s Place in the County and State aforesaid, the 30th day of August A. D. 1908, before F. M. Lindsay, Coroner, upon view of the body of RICHARD GALLMAN of Newberry Co. SC, then and there being dead by the oaths of J. W. Earhardt, W. G. Peterson, J. A. Rikard, H. T. Long, G. L. Long, J. A. Blatts, W. C. Reeder, P. R. Hallman, A. B. Nichols, T. B. Wicker, C. D. Knight and R. C. Sligh being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Richard Gallman came to his death, upon their oaths, do say that the said Richard Gallman came to his death from the a gun shot wound inflicted by Will Rodgers on the 25th day of August 1908 from which wound the said Richard Gallman  died on the August 29th 1908. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid Will Rodgers in manner and form aforesaid Richard Gallman then and there feloniously did kill against the peace and dignity of the same State aforesaid.

IN WITNESS WHEREOF I, F. M. LINDSAY, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                                           F. M. Lindsay, Coroner (L. S.)

                                                                                                                                       J. W. Earhardt, Foreman (L. S.)

W. G. Peterson (L. S.)                      J. A. Rikard (L. S.)             H. T. Long (L. S.)                              G. L. Long (L. S.)

J. A. Blatts (L. S.)                             W. C. Reeder (L. S.)          P. R. Hallman (L. S.)                        A. B. Nichols (L. S.)

T. B. Wicker                                      C. D. Knight (L. S.)            R. C. Sligh (L. S.)

EVIDENCE

DR. C. E. STEPHENSON sworn says:

On August 25th had a hurried call to come to Mr. Evans Kinard’s place in Newberry County SC. Richard Gallman had got shot in [the] abdomen. Reached there – found him sitting on [the] steps bleeding. After close examination I told him his wound would prove fatal. He made a statement to me then and there which I have here in writing (Exhibit ‘A’). Richard Gallman died 10 o’clock Saturday night August 29th 1908.

MERCHANT MEANS sworn says:

Tuesday August 25th 1908 was on Mr. Evans Kinard’s place at Newberry SC at Marshall Burgess’ house. We were sitting there. Marshall was at dinner. Richard Gallman was there when he came. We were sitting [at] Marshall’s house. He said, “Boys, I’ve got you all.” At that time [the] gun fired. Did not see who fired [the] gun. Willie Rodgers had [the] gun. Richard said, “Oh boy, you shot me.” Rich then said, “Do something for me.” Marshall went out and phoned for [the] Doctor Stephenson. Marshall was sitting – we were in not (?). Saw Dick that day – that is one bad boy there (?)[1]  Then they play[ed] with it. Sometimes off playing that day. Hadn’t seen Rich since Sunday before. Rich played cards sometimes. Marshall played Arthur. [I] don’t play. Did not see Rich throw [a] hand back as if to get a pistol. Had not seen Will Rodgers when a gun was fired. Will Rodgers was next [to] [the] gun. As soon as he shot he said he had no idea [the] gun was loaded. Cards was over [the] window. Shooting was in kitchen. No gambling that day. No bad feelings between [the] two. Will Rodgers gambles sometimes – not that day. Saw no shooting but Will Rodgers had [the] gun. No malice or anger that I know of. Will never said a word. Marshall phoned for [the] doctor.

                                                                                                                                                      MARSHALL (X) MEANS

ARTHUR GREEN sworn says:

Tuesday August 25th was on Mr. Evans Kinard’s place in Newberry SC. [I] live there – live with Marshall Birges. Six of us was there. Marshall was eating. We were all sitting there talking with him. Rich came along and knocked at [the] door and said, “Boys, I have got you all”. Will Rodgers laid [the] gun across [the] table and it went off. Rich then said, “You have shot me.” All were in [the] kitchen. No gambling there that day. Saw no cards after shooting. Willie ran over to his brother’s. Said he was sorry he did it. No ill feelings between [the] two that I know of. Was during dinner hour that [the] shooting happened. John Young’s gun – he brought it there. Told Rich he was sorry of what had happened. Rich said he had never had any cross words with him.                                                                                      ARTHUR (X) GREEN

MARSHALL BIRGES sworn says:

I live on Mr. Evans Kinard’s place in Newberry Co. SC. Was there Tuesday August 25th at dinner. I was at [the] table. Three others came in. I was at [the] table eating. Means said, “Here comes Richard Gallman.” I said, “Where is he?” He walked through [the] house and came to [the] stove room where we were. Richard said to Means, “I’ve got you.” Means said, “You ain’t got me.” Then [the] gun fired. Will Rodgers had [the] gun in his hand. Gun was in [the] corner and he picked it up as Rich spoke [the] words, “Consider yourselves under arrest.” Did not see [the] gun on [the] table at all. Will was standing up when he fired. No gambling there that day. Cards was upon [the] window but there had been no gambling there that day. Will said when [the] gun fired, “Lord, I didn’t know [the] gun was loaded.” Knew of no ill feelings between [the] parties. After [the] gun fired Will ran off.                                     MARSHALL (X) BRIGES

WILL YOUNG sworn says:

Was at Mr. Evans Kinards place on Tuesday August 25. Went to Marshall Birges house between 10 and 11 o’clock. Was sitting there talking. Was joking Marshall about letting [the] mule throw him. Marshall said, “Come in, let’s eat dinner.” We all went in [the] kitchen and sat down. Someone said, “I see Richard Gallman coming.” Richard stepped on [the] porch and talked to my mother in law. He came on through [the] house to [the] kitchen and said, “Hey there Mr. Means, I’ll take down your name. Consider yourself under arrest.” Means said, “Don’t take down my name. We ain’t doing nothing.” Pointing at Will Rodgers he said, “Hey there. You are Mr. Evans wage hand. I’ll take down your name.” Will reached back and picked up [the] gun and fired. After shooting he said he didn’t know [the] gun was loaded. He ran off then hollering and crying. Saw cards up over [the] door. No playing there that I saw. No ill feelings between parties that I’ve heard of.                                                                                                                         WILL (X) YOUNG

JOHN YOUNG sworn says:

Aug 25th Tuesday [I] was at Mr. Evans Kinard’s place in Newberry County SC. Marshall was in [the] house eating dinner. Two of us was rabbit hunting and went by. Got there about 10 minutes of 12 o’clock. Marshall was in [the] kitchen eating and we all sitting up there talking with him. Didn’t see Richard Gallman coming. Richard Gallman came through [the] house to [the] kitchen. He came to [the] door and said, “Consider yourself under arrest.” Will grabbed for [the] gun. It was my gun and when I put [the] gun in [the] corner I took [the] load out and put it on [the] table. Who put it back in [the] gun I cannot tell. [The] gun fired when we all was standing up and [Will] had it in his hand. Will walked out of [the] house. Will said he did not know [the] gun was loaded. No ill feelings between them as I know of. Seem[ed] friendly as long as I have known them.                                                                                  JOHN (X) YOUNG

SHERIFF M. M. BUFORD sworn says:

Saturday night about 12 o’clock I was told that Richard Gallman had died. I went out to capture Will Rodgers and he said Rich came along and stepped up where the crowd was and said, “Consider yourselves under arrest” taking out paper and pencil as if to put down names and throwing hand back as if to draw a pistol and [Will] said  he picked up [the] gun and it went off. And said it was accidental and he didn’t suppose he had a paper for him. M. M. BUFORD

NEWBERRY SC August 26th 1908

On August 25th about noon I went up to Mr. Turner Hipp’s hands by the name of Sam. His last name I do not remember – over to the house of Marshall Burges who stays on Mr. H. Evans Kinard’s place. As I reached the house I saw through the open door several men sitting at a table. I then stepped in the door and said, “Men, I have a warrant for you. Consider yourselves under arrest.” At that moment Will Rodgers reached and got a shot gun and shot me and said he did not intend shooting me as he did not know that the gun was loaded.                                               RICHARD GALLMAN

Witnesses:

Henry (x) Gallman

Joseph Young

Lucy Gallman

This statement was taken by C. E. Stephenson

Richard Gallman colored was accidentally shot on 8/25/1908 by Willie Rogers colored and Gallman died 8/29/1908. Before dying Gallman made a signed statement that it was an accident, Newberry Observer 9/1/1908, page 8

Willie Rogers colored shot Richard Gallman colored on 8/25/1908 and Gallman died 8/29/1908. Before dying Gallman made a signed statement that it was an accident, Newberry Observer 9/1/1908, page 8; Court of Sessions – Murder – not guilty, Newberry Observer 11/24/1908, page 1; Not Guilty, Newberry Observer 11/27/1908, page 8

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at Newberry in the County and State aforesaid, the 24th day of Sept. A. D. 1908, before F. M. Lindsay, Coroner, upon view of the body of ORANGE alias JUDGE WILSON of Newberry Co. SC, then and there being dead by the oaths of R. B. Lominick, L. Morris, W. R. Gauntt, Theo Shell, J. H. Smith, D. E. Oxner, Henry Sligh, O. T. Feagle, O. O. Smith, J. T. Dennis, J. R. Boozer and Geo. A. Addy being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Orange (alias) Judge Wilson came to his death, upon their oaths, do say that the said Orange (alias) Judge Wilson came to his death from the a gun shot wound inflicted by the hand of Dan Sligh on the 19 of Sept. 1908 and from which wound the said Orange (alias) Judge Wilson died on 24 Sept 1908. We find James Davis and Nell Davis accessories to the crime. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid Dan Sligh in manner and form Orange (alias) Judge Wilson then and there feloniously did kill against the peace and dignity of the same State aforesaid.

IN WITNESS WHEREOF I, F. M. LINDSAY, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                                           F. M. Lindsay, Coroner (L. S.)

                                                                                                                                       R. B. Lominick, Foreman (L. S.)

L. Morris (L. S.)                 W. R. Gauntt (L. S.)                          T. H. Shell (L. S.)                              J. H. Smith (L. S.)

D. E. Oxner (L. S.)             Henry Sligh (L. S.)                           O. T. Feagle (L. S.)                           O. O. Smith (L. S.)

J. T. Dennis (L. S.)             J. R. Boozer (L. S.)                           Geo. A. Addy (L. S.)

EVIDENCE

JIM WILSON sworn says:

Orange (alias) Judge Wilson got shot in the school house in Newberry County. The said school house is called Leitzsey School House. 19th Sept 1908 Dan Sligh had Judge’s head under his arm. Judge shot a pistol. I parted them and told Judge to go home. I took Judge’s pistol as he was going around the house. Neal Davis and James Davis told Dan Sligh to give them his pistol and go around the house and kill him. Judge came back around the house. James said, “There he goes, kill him.” I told Judge to run. He attempted to run up the steps and Dan Sligh shot him and then ran across the field and Judge went on in the school house. Judge was shot in the right knee. Dink Maffett was on the steps when Judge was shot.                                                                                                                                                                     JIM (X) WILSON

EMELINE WILSON sworn says:

They brought Judge home half past six o’clock Sunday the 20 Sept. 1908. Shot in the knee joint. We got the doctor 9 o’clock. Judge died half past 9 o’clock 24 Sept. 1908. I am Judge’s grandmother. EMELINE (X) WILSON

This is to certify that I attended Orange (Judge) Wilson for a gun shot injury just below the right knee. The above died Sept 24/08 at 9:30 am. Cause of death was septicemia due to the infection caused by the above gun shot wound.

Sept 24, 1908                                                                                                                              W. E.  PELHAM JR.  MD

Judge Wilson, 17 years old colored man son of 1-armed John Wilson was shot and killed by Dandy Sligh colored, Newberry Observer 9/25/1908, page 8

Dandy Sligh colored shot and killed 17-year-old Judge Wilson colored son of 1-armed John Wilson. Newberry Observer 9/25/1908, page 8; Court of Sessions – Murder Newberry Observer 11/17/1908, page 8; Not Guilty, Newberry Observer 11/27/1908, page 8

EVIDENCE taken at the Inquest over the dead body of JOE HENDLEY

THE STATE OF SOUTH CAROLINA

COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at the County Home in the State and County aforesaid, the 18th day of Jan. 1909, before W. E. Felker, Coroner, upon view of the body of JOE HENDLEY of Newberry Co. South Carolina, then and there being dead by the oaths of J. A. Peterson, B. F. Cannon, Geo. A. Cromer, W. W. Caldwell, J. F. Moris, D. S. Minnick, F. L. B. Epps, O. H. Lane, A. F. Hart, J. F. Oxner, J. J. H. Brown and W. P. Harris being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Joe Hendley came to his death, upon their oaths, do say that the said Joe Hendley came to his death by a falling tree caused from his own carelessness after being warned to move.

IN WITNESS WHEREOF I, W. E. Felker, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid Jan. 18, 1909.                                                        W. E. Felker, Coroner (L. S.)

                                                                                                                                                      J. A. Peterson, Foreman (L. S.)

B. F. Cannon (L. S.)                          Geo. A. Cromer (L. S.)                     W. W. Caldwell (L. S.)      J. F. Moris (L. S.)

D. S. Minnick (L. S.)                        F. L. B. Epps (L. S.)                          O. H. Lane (L. S.)               A. F. Hart (L. S.)

J. F. Oxner (L. S.)                             J. J. H. Brown (L. S.)                        W. P. Harris (L. S.)

J. P. CANNON being sworn says:

January 18, 1909

[When] cutting trees [I have] always given warning to get out of [the] way. This boy, Joe Hendley, went up behind a big tree for protection and he was told to leave [the] place but he didn’t leave. [The] tree fell on him or [the] limbs - can’t say whether [the] body hit him or not. [The] tree was about 12 inches across [at] [the] stump. [He] stayed behind [the] tree until it fell. Then he was taken away. This happened on Saturday morning [the] 16 and he died about 11 o’clock Monday [the] 18th. He was brought to [the] stockade by George Walker, Fred Herbert, John Wicker, and Sam Setzler.

As guard on [the] chain gang.                                                                                                  J. P. CANNON

W. J. MILLER sworn says:

We were in [the] woods chopping. Joe Hendley was piling brush and we had cuttings on fire and before it got ready to fall I said to Joe to get back and not stand in [the] way of [the] pine. Instead of him going backward he came forward and got behind a pine. I said to him again to get from behind that pine and [the] tree began to lean [the] least bit. As [the] tree fell Ike Glenn said to Joe Hendley, “Get away from that pine”, though he did not move and [the] tree came down and whipped him to [the] ground. Joe Hendley was a convict. As they brought him out from under [the] top of [the] tree he made a groan or so and I seen he was not dead. That was Saturday [the] 16 about nine o’clock. He has not spoke since [the] Drs. Came to him which was Pelham and Mower, about 10 o’clock [the] same day. They have seen him every day since. [The] doctors examined him in [the] stockade and treated him every day since.                     

                                                                                                                        W. J. MILLER, foreman of [the] chain gang

IKE GLENN sworn says:

Did you see [the] tree fall? Yes, on Joe Hendley. I heard Mr. Miller tell him to move. I saw [the] tree hit him. I held up [the] body of [the] tree so they could move him. I was help[ing with] cutting [the] tree which caught him. [The] limbs hit him. He made no effort to move when Mr. Miller told him to move.                 IKE (X) GLENN

SPENCER GILMORE sworn says:

I was in [the] woods when Joe Hendley got hurt. He was standing behind [the] tree. Mr. Miller told him to move. He didn’t move. [I] don’t know what part of [the] tree hit him but it was [the] top part. I was pushing [the] tree. It was Joe Hendley’s carelessness that he was killed as he was warned in plenty [of] time to get away by Mr. Miller and Mr. Cannon.

                                                                                                                                                      SPENCER (X) GILMORE

Joe Henly 16 years old colored was jailed for the robbery of 6 watches from R. C. Williams store, Newberry Observer 7/31/1908, page 8 

Joe Henly Jr. colored Court of Sessions – housebreaking and larceny – Guilty; 18 months on the chain gang, Newberry Observer 11/27/1908, page 8

INQUEST over RILLEY PENN                                                                                              Feb. 25, 1909

Verdict of the Jurors

THE STATE OF SOUTH CAROLINA

COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at Newberry in the County and State aforesaid, the 25th day of Feb. A. D. 1909, before W. E. Felker, Coroner, upon view of the body of RILLEY PENN of Newberry Co. then and there being dead by the oaths of Edw. R. Hipp, R. C. Perry, C. R. Wise, R. C. Boylston, J. R. Eison, S. G. Brown, R. M. Caldwell, W. H. Shelley, J. R. Boozer, J. W. Chappell, H. H. Abrams, J. B. Morgan, L. L. Lane and J. P. Aldrige being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Rilley Penn came to his death, upon their oaths, do say by a gun or pistol shot wound in the hands of Stanmore Langford and so the said jurors aforesaid upon their oaths aforesaid do say that the aforesaid Rilley Penn came to his death by the manner and means aforesaid.

IN WITNESS WHEREOF I, W. E. Felker, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid Jan. 18, 1909.                                                        W. E. Felker, Coroner (L. S.)

                                                                                                                                                      Edw. R. Hipp, Foreman (L. S.)

R. C. Perry (L. S.)                             C. R. Wise (L. S.)               R. C. Boylston (L. S.)                       J. R. Eison (L. S.)

S. G. Brown (L. S.)                           R. M. Caldwell (L. S.)       W. H. Shelley (L. S.)                        J. R. Boozer (L. S.)

J. W. Chappell (L. S.)                       H. H. Abrams (L. S.)          J. B. Morgan (L. S.)                          L. L. Lane (L. S.)

J. P. Aldrige

EVIDENCE TAKEN AT THE INQUEST over the dead body of RILLEY PENN, Feb. 25, 1909

DR. P. G. ELLISOR being duly sworn says:

I was called to see Rilley Penn on Saturday night between eight and nine o’clock. He was at home with a gun shot wound in his back. He was partially dressed. I had him undressed, dressed his wound and attended him until he died. I understand he died last night. He died from effects of a wound in [the] back. He had no other disease that I know of that is [other than] that wound that I had covered with absorbent cotton. I do not know of my own knowledge who shot Riley Penn and did not probe for [the] ball. I could not locate it from external examination. I was first called Feb. 20, 1909.

                                                                                                                                                      P. G. ELLISOR

GEORGE ROBINSON being sworn says:

I and Rilley Penn was coming down [the] street Saturday night when we got in about fifteen feet from [the] corner of Jack Williams’ we met two boys. One boy asked for matches. I recognized one and told him I did not have matches. Rilley Penn said he had one. He reached him a match. As he reached out [the] match [the] boy pulled out a pistol and waved it across his face. I was just below him. Penn says, “Well, if you are going to that (?) I’ll go home. Penn stepped off about three steps from him and he shot him in [the] back. Then he hollered to me twice afterwards. I told him I didn’t have any. Then I reached in [my] pocket and tried to hand him a pencil. Then he says go ahead and went on to [the] corner and Penn went on home. Then I turned around and passed boys again and went to Mr. Langford’s house and told him about it. He said he [would] ring up for police and I said yes sir and [the] doctor too. I went back and recognized who it was. It was Mr. Langford’s youngest son. I had left him for sometime and only known him by his voice. I heard him all [the] time when I was at Mr. Langford’s house. I did not know who [the] other boys was. This other boy never said nothing at all. Mr. Langford did [the] shooting. I been knowing Mr. Stanmore Langford for a year. It was pretty dark but it scared me so I didn’t know his face. [The] only way I knew who it was – by [the] sound of [the] voice. I knew him when he was with [the] policemen. [The] only way I knew who it was by his voice. I recognized [the] voice but couldn’t remember his name at [the] time of [the] shot. [The] man who pulled out [the] pistol just met us and asked for a match and pulled out [the] pistol. [The] man’s voice I recognized was [the] one [who] fired [the] shot. [The] other man never said anything. [The] policeman did not tell me who he had under arrest. [The] same boy that was at Mr. Leavell’s was one that was down at [the] place. I was close to [the] policeman. I knew [the] boy and [the] voice too. I recognized [the] voice because [the] high language he used. He was either drunk or playing drunk.                                                GEORGE ROBINSON

ANNIE BELLE YOUNG sworn says:

As I was going in by Mr. Leavell’s back gate Mr. Stanmore Langford was standing up there. He came up to me and caught hold of my arm. Said he was going to shoot me. He shot after that. I ran around him and dodged him. [I] got a-loose and ran. He fell. He did not say anything about shooting Rilley Penn. There was no one with him. I cook for Mr. Wicker. I was going from cooking [to] home. I never met anybody afterwards. I have been knowing Mr. Langford a longtime. I saw his pistol. He shot at me. He had hold of my arm. I did not see Rilley Penn when [the] shot was fired.

                                                                                                                                                      ANNIE BELLE (X) YOUNG

E. N. AUSTIN sworn says:

I received a phone message from Mayor Langford. I went to Mr. Leavell’s gate and found Stanmore Langford drunk. I brought Stan down to his home and put him under bond. I found out after I got down there they had phoned for [the] doctor. I did not know at that time there had been any shooting. I put him under $50.00 bond. [The] Negro was at home with Doctors Ellisor and Stephenson when I saw him. I know nothing of [the] shooting. I did not search Langford when I arrested him. I didn’t know who [the] other young man was with him.                                   E. N. AUSTIN

KIRKLAND WICKER sworn says:

I was at [the] shooting. I was with Stanmore Langford. We were walking along and met two Negroes. Stan asked them for a match. One of them looked in [his] pocket – that is [the] one that was not shot. He said he did not have any. Then he asked [the] other one for a match. I told Stan to come on – let’s go, I had a match. I had walked three or four steps and turned around and saw [the] flash of a pistol. [The] Negro said, “Oh Lordy, I am shot.” Then both of them turned around and came back to where we were. [The] one that was shot gave him two or three matches. Stan turned around and asked [the] other one if he had a match. He looked in his vest pocket and pulled out something. I don’t know whether it was a match or not. Then I got Stan to leave. [The] Negroes walked on down [the] street and we came on up. He got as far as their house and I got hold of wire. That was as far as I got him. I left him there and went up [the] street. I did not see [the] pistol until after [the] shot. I had just turned around and saw [the] flash of [the] pistol. He asked for a match. That was all that had happened before [the] shot. He came afterwards and gave him two or three matches. Kieffer and Olander Wicker were with us that night but not at [the] time of [the] shot. All of us had been drinking but none drunk except Stan. [He] could not walk by himself. We were drinking corn whiskey. I had left him when he shot. Just as I turned around [the] pistol fired.                                                                                                            KIRKLAND WICKER

KIEFER WICKER sworn says:

I was not at the shooting. Olander Wicker and myself had just left about four minutes before. We were in front of Dr. Gilder’s big gate when we heard the shot. I don’t know how far off Stan and they were. I left then at Jack Gilliam’s corner. We did not go back when we heard the shot.                                                            KIEFER WICKER

(FOR DYING STATEMENT SEE PAGE 481)

FOLLOWING IS THE DYING STATEMENT FOUND IN THE INQUEST BOOK ON PAGE 480:

DYING STATEMENT OF RILEY PENN made before W. E. Felker, Coroner

SOUTH CAROLINA

NEWBERRY COUNTY

I, Riley Penn of the County and State aforesaid, who being duly sworn says that I believe that I am in extemis, i. e. – I am going to die.

That on Saturday evening, Feb. 20th 1909 I was coming from towards town on my way home and that after I passed the residence of Mr. R. Y. Leavell a young man asked me for a match. This young man was accompanied by another young man who I did not know. When he asked me for a match I said, “All right sir, here is one.” Then Mr. Stanmore Langford who asked for the match says, “Hurry up” and whirled his pistol around. Then I said, “All right sir” and gave to Mr. Langford the match. Then I said, “I am going home”. Then he shot me in the back. Then I came on home unassisted. Sworn to before me this 23rd Feby. 1909                                                                   RILEY (X) PENN

W. E. Felker (L. S.)

Coroner for Newberry County

Riley Penn, 65-year-old colored man was shot in the back 2/20/1909 by Stanmore Langford 18 years old white man on Boundary Street. Details, Observer 2/23/1909, page 8; He died 2/23/1909 making a dying statement, inquest held and printed in the paper, Observer 2/26/1909, page 8

Stanmore Langford 18 year old white man shot Riley Penn 65 year old colored man in the back on Boundary Street 2/20/1909. Released on $200 bond, Details, Observer 2/23/1909, page 8; COURT OF SESSIONS –murder – continuance on account of his defense attorney, Observer 3/19/1909, page 8; he married Miss Mozelle Wright of Laurens at the O’Neall Street Parsonage officiated by Rev. W. C. Kelley on 6/28/1909, Observer 7/2/1909, page 1; COURT – murder, continued, Observer 11/19/1909, page 1 

INQUEST over LANG SINGLEY                                                                                           Mar. 7, 1909

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at Mr. N. R. Lester’s Place in the County and State aforesaid, the 7th day of March 1909, before W. E. Felker, Coroner, upon view of the body of LANG SINGLEY of Newberry Co. SC then and there being dead by the oaths of L. I. Feagle, S. P. Hawkins, W. A. Cromer, N. A. Nichols, H. C. Lake, E. O. Lake, W. R. Schumpert, J. S. Nichols, J. A. Foy, J. H. Bowen, J. A. Schumpert, M. L. Hawkins, R. M. Connwill, James J. Schumpert being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Lang Singley came to his death, upon their oaths, do say that the said Lang Singley came to his death by a gun shot wound in the hands of Lue Singley on the 6th day of March AD 1909. And so the said jurors aforesaid upon their oaths aforesaid do say that the aforesaid Lue Singley in manner and form aforesaid Lang Singley then and there feloniously did kill against the peace and dignity of the same State aforesaid.

IN WITNESS WHEREOF I, W. E. Felker, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid Jan. 18, 1909.                                                        W. E. Felker, Coroner (L. S.)

                                                                                                                                                      L. I. Feagle, Foreman (L. S.)

S. P. Hawkins (L. S.)                        W. A. Cromer (L. S.)                        N. A. Nichols (L. S.)          H. C. Lake (L. S.)

E. O. Lake (L. S.)                                             W. R. Schumpert (L. S.)                   J. S. Nichols (L. S.)            J. A. Foy (L. S.)

J. H. Bowen (L. S.)                           J. A. Schumpert (L. S.)                     M. L. Hawkins (L. S.)        R. M. Connwill (L. S.)                                                              James J. Schumpert (L. S.)

BURR SINGLEY sworn says:

This woman Bella had some things at [the] house where they loved last year. Bella brought things up to my [place] yesterday and put them up on [the] loft of [the] house. Lang came to my house last night for [some of the] things. I says to Lue, “Is Bella’s things here?” She says, “Yes, [in] on [the] loft.” Pa started up in [the] loft to get [the] things. I told him I would get them for him, as Mrs. Bird Lester says they should not stay here. I went into [the] loft and found [the] things up there. At that time, [the] gun fired. No one in [the] house [was] large enough to fire a gun but my wife. [The] gun was in [the] rack. [The] gun was my gun. [The] killing happened about eight o’clock. When I came down out of [the] loft I said to my wife, “Lou – that you have killed Pa.” Killed on [the] place of Mrs. N. R. Lester, Newberry Co. When I came down out of [the] loft I found [the] gun on [the] bed. [I] don’t know who put [the] gun on [the] bed. It has been my custom to keep my gun loaded at all times. Don’t know whether my wife knew [the] gun was loaded or not. My father and my wife were on good terms.                                                                                             BURR (X) SINGLEY

ROBERT SINGLEY sworn says:

That he is eight years old and was standing in [the] door. Grandpa says that clothes was there and Mrs. Bird Lester says to come and get them. Mama told grandpa to let [the] things stay there until aunt Bella came and see about them. That they were her things. That she did not have anything to do with them. Grandpa started up in [the] loft after [the] things. Ma says, “If you break anything on [the] table I will kill you.” Grandpa broke a bowl and pitcher when he got up on [the] table to get in [the] loft. Pa told grandpa he could have things. Ma told him he could not have things. Ma says she did not intend to kill grandpa, just thought she would scare him.                                              ROBERT (X) SINGLEY

GUS SINGLEY sworn says:

I am seven years old. My mother’s name is Mary Dewalt. Grandpa says Mrs. Bird Lester says that he could get them things. Aunt Lou says, “You cannot get them things. If you do I will shoot you this night.” Grandpa started up in [the] loft and Aunt Lou raised [the] gun up to her shoulder and shot him. Grandpa broke [the] bowl and pitcher when he started up in [the] loft. Robert told me to say that Aunt Lou killed him accidentally. When [the] gun fired grandpa fell in [the] door dead with a hole in [his] forehead. Aunt Lou [was] standing in [the] front room by [the] bed. [She] shot grandpa and then put [the] gun on [the] bed.                                                                                                  GUS (X) SINGLEY

Lang Singley, colored was killed by his daughter in law Lou Singley, wife of Burr Singley. Lou is in jail, Observer 3/9/1909, page 8; Lang Singley colored belonged to Jacob Long before emancipation. He was a member of the Christmas 1865 murderous raid at the home of James Cureton. He was shot and killed by his daughter in law Lou Singley on 11/6/1908. She was sentenced to 2 years in the penitentiary. Observer 9/3/1909, page 1 

Lou Singley - COURT OF SESSIONS –murder – guilty of manslaughter – 2 years in the Penitentiary, Observer 3/19/1909, page 8; alias Sue Singley 25 years old colored, COURT OF SESSIONS for Spring/Summer 1909 terms – murder – guilty, Observer 12/7/1909, page 10

VERDICT of the jury at the INQUEST over the dead body of JOHN GRAY, March 10, 1909

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at Newberry C. H. SC in the County and State aforesaid, the 10th day of March A. D. 1909, before W. E. Felker, Coroner, upon view of the body of JOHN GRAY of Newberry Co. then and there being dead by the oaths of G. B. Summer, J. T. Hutchinson, T. P. Johnson, J. W. Pitts, C. C. Schumpert, H. D. Whitaker, G. A. Addy, G. C. Hipp, B. F. Mills, W. T. Brown, Sam Johnson being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said John Gray came to his death, upon their oaths, do say that the said John Gray came to his death from natural causes having been so certified by Dr. P. G. Ellisor. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid John Gray came to his death in the manner above stated.

IN WITNESS WHEREOF I, W. E. Felker, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                                                 W. E. Felker, Coroner (L. S.)

                                                                                                                                       G. B. Summer, Foreman (L. S.)

Joe T. Hutchinson (L. S.)                Thos. P. Johnson (L. S.)    J. W. Pitts (L. S.)                C. C. Schumpert (L. S.)

H. D. Whitaker (L. S.)                      Geo. A. Addy (L. S.)         Geo. C. Hipp (L. S.)           B. F. Mills (L. S.)

W. T. Brown (L. S.)                          Sam Johnson (L. S.)          M. J. Swittenberg (L. S.)   J. W. Roberson (L. S.)

H. D. Havird (L. S.)

This is to certify that I have examined the body of John Gray deceased and it is my opinion that his death was from natural causes.                                                                                                                          P. G. ELLISOR MD

John Gray, colored a plowman about town was found dead in his bed 3/10/1909 at age 50 years. Observer 3/12/1909, page 8

VERDICT of the jury at the INQUEST over the dead body of NED KINARD

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at Newberry in the County and State aforesaid, the 17th day of March A. D. 1909, before W. E. Felker, Coroner, upon the view of the body of NED KINARD of Newberry Co. then and there being dead by the oaths of J. T. Smith, O. W. Roberts, G. M. B. Epting, R. J. Watts, W. B. Timmerman, Benj. Halfacre, H. L. Speers, W. P. Bedenbaugh, B. F. Baxter, J. M. Taylor, O. C. Leaphart, J. W. Franklin, C. E. Powell, A. W. Jones being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Ned Kinard came to his death, upon their oaths, do say that the said Ned Kinard came to his death by a car wheel passing over the body of the said Ned Kinard – said car wheel being upon the track of the Southern railway company and property of the Southern Railway Company and from evidence we have – said death was caused accidentally. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid Ned Kinard came to his death in the means and manner described above.

IN WITNESS WHEREOF I, W. E. Felker, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                                                 W. E. Felker, Coroner (L. S.)

                                                                                                                                       G. M. B. Epting, Foreman (L. S.)

R. J. Watts (L. S.)                              W. B. Timmerman (L. S.)                Benj. Halfacre (L. S.)        H. L. Speers (L. S.)

W. P. Bedenbaugh (L. S.)                B. F. Baxter (L. S.)                            John M. Taylor (L. S.)      O. C. Leaphart (L. S.)

J. W. Franklin (L. S.)                        C. E. Powell (L. S.)                           A. W. Jones (L. S.)            O. W. Roberts (L. S.)

R. L. MURRELL sworn says:

I am [the] engineer on train #65 engine 109 freight going west – Souther railway. This man was killed about 12:50 March 17th 1909. I was switching on [the] east end of [the] yard. [I] was getting a signal to go ahead by [the] brakeman. I struck [the] cars about 17 in [the] house track attempting to couple to them. When [the] cars rolled off I cannot tell whether [the] coupling was made or not. I did not see [the] Negro when he got killed. [The] bell was ringing as I came back. I was using every precaution. I was not kicking cars in. I was doing [the] usual shifting. [The] switchman was in [the] lead of me. I do not know how far up [the] line of cars [the] switchman was. I stopped my engine because I knew I was as far as I was intended to go.                                                                                                                            R. L. MURRELL

L. H. COLLINS sworn says:

I was in [the] engine. Murrell sent for me to plug [the] flue. [The] engine was too hot to plug when I got there. [The] conductor signaled [the] engine back and Murrell, [the] engineer, hit [the] cars very carefully. He could not see two ahead of him. [The] engine was headed front. There was two lines of cars on [the] tracks. [The] engineer was signaled back. [The] bell was ringing while [the] shifting was going on. [The] engineer was shifting as carefully as he could with [the] cars he had to shift. I never knew [the] man was killed until afterwards. [The] dead man was in [the] same position as he is now when I first saw him. I don’t know who moved him. From my judgment [the] car moved seven or eight feet when he was hit.                                                                                                                  C. H. COLLINS

NATHAN HARDY sworn says:

I am [the] fireman on [the] freight train that killed [the] old Negro man. We were going ahead. I did not see any signal on my side. [The] bell was ringing all [the] time. I was ringing it. We hit [the] cars ordinary.           NATHAN HARDY

FRED J. RUSSELL sworn says:

I was in front of [the] laundry when I saw it. [The] car moved about three feet when it struck him. Saw [the] Negro fall. Could not say whether [the] Negro was walking or not.                                                       F. J. RUSSELL

C. W. FANT sworn says:

While heading in [the] house track [I] signaled [the] engineer down. [He] hit [the] cars and knocked [the] old Negro down. [The] cars moved about three feet. [It] was doing [the] usual shifting and made [the] coupling with no kicking of [the] cars.                                                                                                                            C. W. FANT, Conductor

PLEAS BOYD sworn says:

The old Negro [was] leaning with [his] back to [the] car. [The] car struck from [the] back. I saw him but did not have time to tell him of [the] danger. I work for [the] Railroad Company. [The] first wheel ran over him. [The] other stopped on him.                                                                                                                                               PLEAS BOYD

J. P. SHEELY sworn says:

I was on [the] platform of [the] freight depot opposite [the] first door when my attention was attracted by his cries. I went to him and attempted to pull him out but he was fastened by [the] wheels. I called to those standing to signal to [the] engineer to pull [the] cars off [the] body. After [the] car was pulled off [the] body – [the] body was moved off [the] track. He was still alive but did not talk any. [The] train crew was doing ordinary shifting and I summoned a doctor immediately and he was dead when [the] doctor arrived. [The] train passed over both legs. I don’t know [the] old man.

                                                                                                                                                      J. P. SHEELY

TEXANNA SPEAKS sworn says:

The body lying near [the] crossing of [the] Southern Railroad is my father, Ned Kinard, who is 110 years old.

                                                                                                                                                      TEXANNA (X) SPEAKS

Ned Kinard colored is the oldest man in Newberry at almost 100 years of age, Observer 1/22/1909, page 8; Uncle Ned Kinard of Kinards SC, former slave of General H. H. Kinard was in Newberry on Wednesday at the Southern RR leaning against a box car when a shifting engine shoved the car against him, knocking him over and then running over him and killing him. His daughter is 60 years old, Observer 3/19/1909, page 8

INQUEST of J. E. YARBROUGH

THE STATE OF SOUTH CAROLINA

COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at Whitmire in the County and State aforesaid, the 10th day of April 1909, before R. M. Aughtry, Magistrate Acting Coroner of said county, upon the view of the body of J. E. YARBROUGH of Whitmire then and there being dead by the oaths of Jno. S. Derrick, J. P. Bishop, J. V. Thomasin, H. C. Bye, H. E. Kohn, C. H. Cooper, J. A. Summer, J. G. Morse, W. L. Duckett, J. I. Young, J. E. Orr, J. D. Tidmarsh being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said J. E. Yarbrough came to his death, upon their oaths, do say that the said J. E. Yarbrough came to his death by two gun shot wounds inflicted by his own hands. That the said J. E. Yarbrough in the manner and form of aforesaid then and there voluntarily and feloniously himself did kill against the peace and dignity of the same State aforesaid.

IN WITNESS WHEREOF I, R. M. Aughtry, Magistrate acting as Coroner and the jurors aforesaid, to this inquisition, have set our hands and seals, the day above mentioned.          R. M. Aughtry, Magistrate, acting, Coroner (L. S.)

                                                                                                                  Jno. S. Derrick, Foreman (L. S.)

J. P. Bishop (L. S.)                            J. V. Thomasin (L. S.)                      H. C. Bye (L. S.)                 H. E. Kohn (L. S.)

C. H. Cooper (L. S.)                          J. A. Summer (L. S.)                         J. G. Morse (L. S.)             W. L. Duckett (L. S.)

J. I. Young (L. S.)                              J. E. Orr (L. S.)                                  J. D. Tidmarsh (L. S.)

EVIDENCE AT INQUEST

S. L. GARY being duly sworn says:

I was returning from my dinner when about opposite Mr. Suber’s house I heard two shots in rapid succession and hurried in [to] find Mr. Yarbrough lying under a peach tree gasping for breath. I, with some darkies, picked him up and carried him in [the] house and placed him on [the] bed. He was dead by [the] time we got him in [the] house. [The] pistol was lying on his side, partly under him.                                                                                    S. L. GARY

DR. MOORE witness sworn says:

He was lying in [the] bed when Mr. Coleman notified him. Found two gunshot wounds. One entered about one inch to [the] left and backward. [the] other wound entered [the] right temple about one inch above [the] ear in front, ranging slightly upward passing through [the] brain and fractured skull on [the] opposite side. {It] didn’t go through however. Either wound would produce death. [The] latter almost immediately. I examined [the] pistol said to be his. Found three empty shells and three loaded shells. All [the] shells had been snapped on apparently. [The] pistol was a thirty two caliber six shot. [The] shots had [the] appearance of being fired at close range.                                J. H. MOORE MD

James E. Yarborough of Whitmire committed suicide with a pistol. Survived by wife and 2 children. Burial at Mount Tabor Church Cemetery. Observer 5/4/1909, page 8  

 INQUEST over F. ORLANDO WICKER

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at NO. 11 Township in the County and State aforesaid, the 20th day of June A. D. 1909, before W. E. Felker, Coroner, upon the view of the body of F. ORLANDO WICKER of Newberry Co. then and there being dead by the oaths of W. W. Lominack, R. L. Lominack, G. W. Shealy, J. W. Alewine, L. P. Shealy, J. W. Wicker, J. F. Epting, W. B. Lominack, H. F. Lominack, J. H. Harris, D. J. DeHardt Jr., E. B. Feagle, J. J. Epting being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said F. Orlando Wicker came to his death, upon their oaths, do say that the said F. Orlando Wicker came to his death by a pistol shot wound accidentally in the hands of Caldwell Ruff. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid F. Orlando Wicker came to his death in the means and manner aforesaid.

IN WITNESS WHEREOF I, W. E. Felker, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                                                 W. E. Felker, Coroner (L. S.)

                                                                                                                                       R. L. Lominack, Foreman (L. S.)

W. W. Lominack (L. S.)                   G. W. Shealy (L. S.)          Jos. W. Alewine (L. S.)     L. P. Shealy (L. S.)

J. W. Wicker (L. S.)                          J. F. Epting (L. S.)              W. B. Lominack (L. S.)     H. F. Lominack (L. S.)

J. H. Harris (L. S.)                             D. J. DeHardt Jr. (L. S.)    E. B. Feagle (L. S.)             J. J. Epting (L. S.)

EVIDENCE AT INQUEST

DR. Z. T. PINNER sworn says:

I was called about 9 am this morning to Mr. Caldwell Ruff’s. [The] message conveying that Mr. Bub Wicker was shot. I reached Ruff’s house about 9:15 and found Mr. Wicker lying on [the] front porch dead. I examined [the] body and death [was] caused by [the] certificate hereto affixed. I certify that Orlando Wicker came to his death by a bullet wound in [the] right side of [the] neck passing [the] internal carotid artery, causing instant death.           Z. T. PINNER

LOANNA RUFF sworn says:

I was sitting on a keg on [the] front porch of Caldwell Ruff’s house. I heard pistol fire. Bub Wicker said addressing Caldwell, “you have shot me.” Bub said, “Call [the] doctor quick as you can.” I was laying on my hands facing [the] road. Caldwell was somewhere about [the] door. [There] was no dispute or fuss before [the] shooting. I don’t know why Bub came up this morning. He comes here occasionally. I don’t know why Caldwell had [the] pistol out, neither [the] size of [the] same. Bub was sitting down. Caldwell [was] standing up. John Nance was on [the] piazza. All three of us were sitting in a row. We were sitting on [the] left hand side of [the] piazza. I did not see [the] pistol until [the] shot was fired. I heard it. I was not asleep. I never heard Caldwell say anything when he walked out. Bub leaned over when shot. Caldwell was in [the] front hall door. Bub came by himself here. Been no fuss. I do not know why he went back and got [the] pistol. Caldwell never carried a pistol at all. Wicker had no pistol.                           LOANNA RUFF

JOHN NANCE sworn says:

Caldwell Ruff, Bub Wicker, Loamma Ruff and myself were sitting in [the] porch talking and laughing. Caldwell Ruff went into [the] house and came out to [the] door. [The] pistol fired. Bub said, “Send for [the] doctor quick.”  Caldwell Ruff unbreached [the] pistol and said, “Lord, I didn’t know this pistol was loaded.” [There] was no dispute before them at all. [The] shot [was] fired between 8 and 9 o’clock.                                                   JOHN NANCE

JOHN NANCE recalled:

Ruff first phoned for [the] doctor and then sent a Negro for him. I don’t know which way he went. We were sitting on [the] piazza when Bub came up. There was no words or feelings at all. I do not remember whether they spoke or not. It was a half hour after Bub came up until Caldwell went in [the] house and got [the] pistol. No words at all to cause me to think there were hard feelings. I was here last night. Bub did not stay last night. Caldwell did not say anything about him going away. Strange he left. Ruff said, “I wouldn’t have done it for anything”. Wicker only said, “Send for [the] doctor, I am shot.” I went off a few minutes after [the] shot to take auntie over to [the] Negro house and came back in about ten minutes. Found him dead.                                                                                                                         JOHN NANCE

Orlando Wicker “Bub” was shot and killed by Caldwell Ruff son of Col. David A. Ruff, – coroner’s jury claimed it was an accident – inquest printed, Observer 6/22/1909, page 8; Note of thanks from the family, Observer 6/25/1909, page 8; the ORLANDO WICKER PLACE advertised for sale to settle suit, Observer 11/19/1909, page 2

INQUEST over the INFANT of HATTIE TAYLOR

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at J. B. Halfacre Place in the County and State aforesaid, the 21st day of July A. D. 1909, before W. E. Felker, Coroner, upon the view of the body of INFANT OF HATTIE TAYLOR of Newberry Co. then and there being dead. W. E. Felker Coroner being sworn to inquire for the State of South Carolina where and by what means the said Infant of Hattie Taylor came to his death, upon their oaths do say that the said he came to his death by natural causes.

IN WITNESS WHEREOF I, W. E. Felker, Coroner aforesaid has set my hand and seal the day and year aforesaid.

                                                                                                                                                      W. E. Felker, Coroner (L. S.)


 

EVIDENCE

MRS. MELISSA TAYLOR sworn says:

Can’t say that [I] could see any signs of life. Only by [the] pulsation of [the] artery at [the] neck. [The] baby was born about half past nine o’clock this morning. My daughter got frightened on Monday by my son getting throwed off of a mule and has been unwell ever since. [The] proper time for [the] baby to come would have been about [the] first of Oct.

                                                                                                                                                      MELISSA TAYLOR

ROSANNA MORGAN sworn says:

When I got there she was down on her knees in labor and she had [the] baby and [the] baby was dead. I didn’t see any signs of life at all. I believe it to be a 7 month child.                                                            ROSANNA (X) MORGAN

Verdict of the Jury at the INQUEST of CHARLIE WILLIAMS

THE STATE OF SOUTH CAROLINA

NEWBERRY COUNTY

AN INQUISITION, indented, taken at Newberry Court House in the County and State aforesaid, the 3rd day of Aug. A. D. 1909, before W. E. Felker, Coroner, upon the view of the body of CHARLIE WILLIAMS of Newberry Co. then and there being dead by the oaths of J. H. Wicker, J. C. Wilson, R. B. Wilson, L. D. Wicker, O. O. Smith, E. C. Smith, J. E. Alexander, W. P. Bedenbaugh, P. Archer, I. A. McDowell, Butler Campbell, J. J. Stitt being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Charlie Williams came to his death, upon their oaths, do say that the said Charlie Williams came to his death by a wound by being struck by an engine on the CN&L RR on Aug. 1st 1909. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid Charlie Williams came to his death in the means and manner aforesaid.

IN WITNESS WHEREOF I, W. E. Felker, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                                                 W. E. Felker, Coroner (L. S.)

                                                                                                                                       J. H. Wicker, Foreman (L. S.)

J. E. Alexander (L. S.)                      P. Archer (L. S.)                 J. C. Wilson (L. S.)            Butler Campbell (L. S.)

I. A. McDowell (L. S.)                      W. P. Bedenbaugh (L. S.) O. O. Smith, (L. S.)            J. J. Stitt (L. S.)

R. B. Wilson (L. S.)                          E. C. Smith (L. S.)              L. D. Wicker (L. S.)

EVIDENCE AT INQUEST

J. A. SATTERWHITE sworn says:

I was reading [the] paper. [I] heard [the] Southern Train coming. [I] walked to [the] door [and] saw [the] Southern Train passing. [The] Southern Train passed.  [I] heard [the] CN&L Train coming. Saw two boys walking between [the] tracks. I heard [the] CN&L Train blow. At least, I think it was [the] CN&L. [the] boys were going towards town. The boys walked towards [the] CN&L track. [The] train was on them at that time. CN&L Train didn’t see them until [the] train passed. I went to where [the] boys were lying [with their] feet towards [the] depot. I was reading [the] paper. Back end of [the] Southern had passed [the] crossing. [The] boys were lying between [the] tracks. I saw [the] train but then [the] whistle blew just about crossing – just about 20 yards from [the] boys. Both boys [were] lying together. [The] Williams boy was above [the] other boy. They were on [the] cross ties. I heard [the] train coming and saw [the] boys and after [the] train passed I ran up [the] track. [The] train stopped about twice its length after it passed [the] boys. I don’t know whether [the] engineer came back or not. As well as I remember I am sure [the] Southern Train had passed. [The] Southern had passed before [the] CN&L came as well as I remember. When I first saw them they were between two tracks. Just about [the] time [the] train blew they walked between [the] CN&L tracks. When I found them they were between [the] tracks. I do not know how far [the] Southern Train went. I don’t know whether [the] Southern blew or not. I think [the] CN&L blew.                                                                                                                                        JOHN ANDREW SATTERWHITE

JACK GILDER sworn says:

I was on [the] CN&L Train coming down and [the] train stopped. I got off and saw there were two men there. One [was] dead and [the] other’s skull crushed. They were almost together. I thought until I got about to them that it was one man. I think [the] train blew. [The] train always creates dust unless it slacks and it was this way today. I rather think it blew for [the] station. [I] don’t think it blew for here.                                                          JAMES K. GILDER MD

C. J. GAYLE sworn says:

On Sunday afternoon coming down [the] train No. 53 Coach Line I had come down this cut. I understand Cline St. I met [the] Southern Train there, about that crossing. I could not see around [the] curve very far but when I got around [the] curve on a straight line I saw two men on [the] track, probably about 40 or 50 yards ahead of me coming towards [the] station. I blew [the] danger signal. They didn’t even look back. [The] engine then struck them, both falling to [the] right side. I started back. Got about half way from [the] rear to where they were. [The] conductor told me one died and [the] other [was] wounded. I struck [the] Cline St. Crossing at about 5 or 10 miles per hour. I couldn’t stop as well going that way as I could going [the] other way as that is down grade at that rate though I would say you could stop at two train lengths, 4 car train. [The] men were on [the] track when I first saw them. [The] pilot hit them. I stopped [the] train as soon as I possibly could. I applied [the] emergency brakes. They were between [the] rails when I struck them. I struck them when [the] Southern First Class car, rear car, was just about even with [the] engine.        C. J. GAYLE

JACK WILLIAMSON sworn says:

I was [the] fireman on that train when [the] engineer blew [the] whistle three times. I was ringing [the] bell. When I first saw [the] boys they were as far as from here to that window. When I looked first I saw [the] boys and saw a hat fly and I asked Mr. Gayle, “Did you hit that man?” and he said, “Yes, I hit them both.” Then he stopped as quick as he could. I looked back and saw one lying [on the] side of [the] tracks. I saw [the] porter when he went back. That’s all I know. I never went back. [The] engineer blew [the] danger signal when he passed that old shop. I was ringing [the] bell. I was on [the] left hand side of [the] engine. I could not see them as quick as [the] engineer could. [The] engineer applied [the] brakes before he hit [the] boys. He always eases them on coming around that curve. I heard Mr. Gayle just now. We were running about 8 or 10 miles as near as I could come at it. [The] engineer slapped [the] emergency on when he saw [the] boys. I didn’t see them until after [the] train stopped. I got down off my seat box and got on his box. My engine was about middle-ways [the] Southern train, as near as I can come at it – when we struck [the] boys. I never saw [the] boys when [the] engine struck them. They were walking between two rails when I saw them between [the] CN&L rails. When he blew [the] whistle, [the] danger signal, then I saw [the] boys.                                                    JACK WILLIAMSON

I hereby certify that Mr. Charlie Williams came to his death from the effects of a wound produced by some violent blow at force crushing the frontal bone and removing a portion of the same.     JAMES K. GILDER MD

Aug. 2nd, 1909

Charley Williams, son of C. P. Williams, was killed by the CN&L RR near Cline Shops in Newberry. Inquest held and highlights printed in the paper, card of thanks. Observer 8/6/1909, page 8; In Memoriam – Resolutions of Red Men and Pocahontas. He was 21 years old and had just started his 2-weeks vacation from the Newberry Cotton Mill, Observer 8/17/1909, page 5; His photograph and a sketch “As I Knew Him” by his pastor, Observer 9/3/1909, page 1; his father C. P. Williams brought suit of $35,000 damages against the RR, Observer 10/29/1909, page 8

 

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