Coroner's Inquistions
 1919 - 1931
NEWBERRY COUNTY, SOUTH CAROLINA
Transcribed and contributed by Edith Greisser

THE STATE OF SOUTH CAROLINA

COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at the Newberry County Court House in the County and State aforesaid, the 1st of November A. D., one thousand nine hundred and twenty eight before I. H. Wilson, Coroner, upon view of the body of MINOR TOLAND of Newberry County then and there being dead by the oaths of F. R. Hunter, J. F. Thompson, D. A. Livingston, O. W. Long, W. E. Mathews, Thomas L. Cromer 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 MINOR TOLAND came to his death, upon their oaths, do say that the said MINOR TOLAND came to his death as the result of a gun shot wound in the hands of King Farrow on the first day of November 1928. And so the said jurors aforesaid, upon their oaths aforesaid, do say that the aforesaid MINOR TOLAND came to his death by means and manner aforesaid.

IN WITNESS WHEREOF, I, I. H. Wilson Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                   /s/ I. H. Wilson, Coroner (L.S.)

/s/ Frank R. Hunter, foreman (L.S.)

/s/ J. L. Thompson (L.S.)                                                     /s/ D. A. Livingston (L.S.)

/s/ W. E. Matthews (L.S.)            /s/ O. W. Long (L.S.)                   /s/ Thomas L. Cromer (L.S.)

TESTIMONY

I. June Counts, being duly sworn says:

Examination by Mr. Cannon Blease:

Q. Where do you live?

A.  Over on Buck Havird’s Hill.
Q. Tell what you know about this.
A.  I was down there below the boys. I left the boys. They were behind me talking. And when I was
     going to the bushes they shot and I said, “Don’t shoot down there.”

Q. Were you going squirrel hunting?
A.  Yes sir.

Q. And your brother was going squirrel hunting?

A.  Yes sir.

Q. Who were the other boys?
A.  Minor Toland, Ozell Counts, Timothy Johnson and King Farrow.

Q. You set your gun down by the tree?

A.  No sir, that was my brother.
Q. What did you do with your gun?
A.  I went on down in the woods.
Q. Did your brother follow you in the woods?
A.  No sir.
Q. How did you know that boy picked up the gun?
A.  My brother said ---
Q. You can’t tell what your brother said. What did Farrow say about it?

A.  I ain’t heard him say nothing.
Q. You heard the gun shoot?
A.  Yes sir, the shot came past me.
Q. When you looked back, what did you see?

A.  Farrow was running. He was hollering.

Q. What was he hollering?

A.  He said, “I done shot that boy.”
Q. Did he say he did it on purpose?

A.  He said he done it accidentally.
Q. Did you hear him hollering that running down the road?
A.  Yes sir.

Q. He said he shot the boy and shot him accidentally?
A.  Yes sir.

Q. You did not see him shoot him?

A.  No sir.

Q. Did he have a gun?

A.  No sir, he had my brother’s gun.

Q. How many guns in the crowd?

A.  Two.

Q. Did you hear any fuss between Farrow and this other boy?

A.  No sir.

Q. You didn’t hear Farrow say, “Look out, I’m going to shoot.”

A.  No sir.

CHIEF RODELSPERGER:

Q. Where was that fellow Toland at when you came back?
A.  He was on the ground.
Q. You say the fellow who did the shooting ran?
A.  Yes sir, he ran.
Q. Where was the gun when he first got hold of it?
A.  I don’t know. He said he laid it down in the bushes.
Q. Who said so?
A.  My brother said he laid it down in the bushes. I didn’t see the gun. I don’t know whether he laid it
     down in the bushes or set it up by the tree.

Q. Where was the gun when you came back. Where was it laying?

A.  In a fine limb.
Q. That way?
A.  Yes sir.

Q. How far from the body?
A.  As far as from here to the corner of that wall.
OZELL COUNTS being duly sworn says:

Examination by Mr. Cannon G. Blease:

Q. You live on Buck Havird’s Place?
A.  Yes sir.

Q. Were you going hunting this morning?
A.  Yes sir.

Q. Who else?

A.  I, June
Q. Your brother and you?

A.  Yes sir.

Q. How did these other boys get with you

A.  We were over in Cannon town. He came over. Timothy went with us and the others came over.
Q. Did they have a gun?
A.  No sir. No sir, nobody had a gun but me and I June.

Q. How did he get shot?

A.  I laid my gun down in the bushes and about five minutes after I left it I heard a gun shoot.

Q. Did this happen today, November 1st in Newberry County?

A.  Yes sir.

Q. Were they fussing?
A.  No sir, I didn’t hear tem fussing. I don’t say they didn’t have some words after I left but I didn’t

     hear any. I asked him why he shot and he said, “I done shot that boy.”

Q. Did he say he done it on purpose?

A.  I wouldn’t say I wasn’t looking at him.

Q. Where did he shoot him? In the back of the head?

A.  Yes sir.

Q. You didn’t hear them fussing? No words or anything?

A.  No sir.

Q. Where was he at when he told you he shot him accidentally?
A.  He done run across the field and I said, “You came back here.” And when I looked at the boy he

     was nearly dead when I got there.

CHIEF RODELSPERGER:

Q. You said you laid your gun down where?

A.  Next to where the boy was laying.

Q. About how far?

A.  About as far as from here to the edge of the next wall.

Q. When you came back was your gun in the same position or the same place where you laid it?

A.  It was laying about as far between where I left it and where the boy was laying.

Q. Did that boy tell you how he shot him or what?

A.  No sir, he did not say. He said the gun went off.

Q. How far were you from him when he told you that?

A.  I done got up with him.

Q. Did he come where the dead Negro was?

A.  No sir, he never came back.

QUESTIONS FROM THE JURY:

Q. Did this other Negro go down in the bushes with you?

A.  No sir, no sir. He was with us but he was ahead of us.

Q. Did he put the gun down?

A.  No sir, he went in the bushes.

Q. Did this fellow that shot this Negro, had they ever had a fuss?

A.  No sir. They were up there playing when I left. For all I know they could have argued since I left.

MR. CANNON BLEASE:

Q. How were they playing? Tussling?

A.  No sir, just playing like boys will play.

Q. Was that a double-barrel shot gun?

A.  Yes sir.

Q. Hammerless?

A.  No sir.
Q. Had hammer on it?

A.  Yes sir.

TIMOTHY JOHNSON sworn says:

Mr. CANNON BLEASE:

Q. Where you live?

A.  In Cannontown.

Q. Were you with these boys?

A.  Yes sir.

Q. Tell what you know about it.

A.  We went in the edge of the woods there. This boy laid the gun down.

Q. Who laid the gun down.

A.  Ozell Counts. And we went through the woods. He picked up the gun and shot the boy.

Q. Did he point the gun at him?

A.  I didn’t see him. I wasn’t paying any attention to him.

Q. What did he say when he picked it up?

A. Nothing.

Q. Did you see him pick the gun up?

A.  No sir?

Q. Did you see him after he had shot?

A.  Yes sir, he had run.

Q. What did he say?

A.  He said he had shot the boy.

Q. Did he say he shot him on purpose?

A.  No sir. He said he shot him accidentally.

Q. Was King running towards this boy when he shot him or standing still?

A.  Yes sir.

Q. What had they had the words about?

A.  They ain’t had no words at all. If they had, I ain’t heard them.

Q. They were not fussing?

A.  No sir.

Q. How old is King Farrow?

A.  I don’t know.

Q. That all you know about it?

A.  Yes sir.

Q. You were all squirrel hunting together?

A.  No sir. We were together and this boy laid his gun there and this boy picked it up
     and shot this boy.

Q. How close to Farrow were you when he fired the gun? Were you looking at him?

A.  I had my back turned towards him. I didn’t see him.

JURY:

Q.   Do you think he had the gun in his hands when it went off?

A.    I don’t know which one had it.

Q. The fellow that you said picked up the gun and shot the fellow?

A.  I seen him when he picked the gun up but I didn’t pay no attention to him when he shot the gun.
Q. Did Toland say anything after he was shot?

a.     No sir.

MR. H. A. QUATTLEBAUM sworn says:

Mr. Koon, policeman, told me that a Negro had got shot out here in the country and he thought the Negro had given himself up at the jail. We found that he had given up and went to the jail. I asked him what his trouble was and he said he had shot a boy – Toland – I believe he said. He said he shot him accidentally. He said he was running and had the gun in his arm and the gun went off and shot him in the back of the head. We went on out there where the Negro got killed at. After we got through up thee I went back to the jail and talked with the Negro. He said he didn’t remember how it happened. He said he didn’t remember running. All he remembers somebody said, “There he goes” and the gun went off. That is all he remembers about it.

JURY:

Q. Did it look like a fellow might stumble?

A.  There were a few little briars right up on the edge where this other Negro showed me where he was standing. There was a pine limb and thee was blood and pieces of flesh on the limb. It showed that when he was shot he was standing by the tree. The gun must have been up even with his neck. It could have been a higher place where the Negro was standing when the gun went off.

Q. Was the ground about level?

A.  Pretty near level. The prints on the pine tree were almost on the level with the pine limb about 15 feet where the blood and flesh were hanging.

This is to certify that I have this day examined the dead body of Minor Toland and find that his death was caused from a gun shot wound inflicted on the back of the head.           Newberry SC Nov. 1, 1928 E. O. Hentz MD

THE STATE OF SOUTH CAROLINA

COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at the Newberry County Court House in the County and State aforesaid, the twenty second day of November A. D., one thousand nine hundred and twenty eight before I. H. Wilson, Coroner, upon view of the body of CLEVELAND CALDWELL of Helena, Newberry County then and there being dead by the oaths of C. E. Abrams, M. E. Yarborough, J. B. Harmon, T. L. Harmon, J. E. Betchman, J. W. Berry 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 CLEVELAND CALDWELL came to his death, upon their oaths, do say that the said CLEVELAND CALDWELL came to his death by being struck by a truck being driven by Horace Oxner November 22, 1928 and was an unavoidable accident. And so the said jurors aforesaid, upon their oaths aforesaid, do say that the aforesaid CLEVELAND CALDWELL came to his death by means and manner aforesaid.

IN WITNESS WHEREOF, I, I. H. Wilson Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                   /s/ I. H. Wilson, Coroner (L.S.)

/s/ C. E. Abrams, foreman (L.S.)

/s/ J. W. Berry (L.S.)                                                           /s/ J. E. Betchman (L.S.)

/s/ M. E. Yarborough (L.S.)          /s/ T. S. Harmon (L.S.)                /s/ Jno B. Harmon (L.S.)

TESTIMONY

Inquest held November 22 – 28

MYRTLE LONG being duly sworn says:

Examination by Mr. Cannon Blease:

Q. You go to Helena School?

A.  Yes sir.

Q. You see Cleveland Caldwell today?

A.  Yes sir.

Q. Just before the wreck or accident?

A. Yes sir.

Q. Where was the accident at in Newberry County?    Helena?

A.  Yes sir.

Q. Tell those gentlemen what you saw.

A. I just got through playing and was standing not far from the teacher. Just as the truck got by the church one of the boys by the side of the railroad playing –

Q. This little boy that got run over?

A.  Yes sir, they were playing by the railroad. He ran across the road. As he got even with the truck he hollered. The men driving the truck hollered, “Don’t cross the road.” He ran right on across. Just as he got over to the left wheel it knocked him flat. Both of the right wheels ran right across him. He didn’t move at all. I ran right to the teacher and she turned her head and went to crying and we all ran to him. She didn’t come right to him. He was dead then. He didn’t move.

Q. This young man, Horace Oxner, was he driving the truck?

A.  Yes sir, I guess he was the one.

Q. That is all you know about it?

A. Yes sir.

DANIEL JENKINS sworn says:

Examination by Mr. Cannon Blease:

Q. Tell what you know.

A. There was a whole crowd of boys on the other side of the railroad playing and he said, “I ain’t playing with you all and when I turned he started across the road. The man – he hollered at him and when he got in front where the church is – it struck him and all the wheels ran over him and we went to crying and the teacher started there but didn’t go to him.

Q. How fast was he driving?

A. Slow, not so fast.

JESSIE WILLIAMS sworn says:

Direct Examination by Mr. Cannon Blease:

Q. Where do you live?

A.  Up where I used to live, on this road.

Q. Were you on the truck?

A. Yes sir.

Q. Do you work with this truck?

A. No sir – just coming to town.

Q. Tell what you saw.

A. They were all playing on the upper side of the road and he ran across and Mr. Oxner and me both hollered and he came right on across the road and the wheels knocked him down.

Q. How fast was he driving?

A. He was driving slow – he couldn’t help it.

Q. Where the boy was lying – was that where he was run over? About ten feet from the back wheel of the truck?

A. Yes sir and up above there they were playing up the railroad.

Q. Where he was lying – that was where he was run over? That was where he was at?

A. When the truck hit him was where he was at. He never moved no more. The back wheel ran over him.

Q. You say the back wheel of the truck ran over him. How many feet from the back wheel to where he was struck?

A. About nine or ten feet. He did all he could to try to save him.

MR. HORACE OXNER sworn says:

Examination by Mr. Cannon Blease:

Q. Tell what you know.

A.  There was about twelve or fifteen standing there playing together on the other side of the railroad. As I was coming they were pushing each other out in the road. As I got up closer they stopped their foolishness and I was coming down the hill and I always change gears there to keep from hitting the bridge and this little fellow ran across the road and I hollered at him. I cut to the left all I could but when he came on anyway I couldn’t keep from hitting him.

Q. You did everything you could to keep from hitting him?

A.  Yes sir.

Q. How fast were you driving?

A.  I don’t think I was going over ten or twelve miles an hour. I always slow up so I won’t hit the bridge hard.

Q. Who does this truck belong to?

A.  Mr. Miller Livingston.

Q. This happened today in Newberry County?

A.  Yes sir.

MR. H. J. QUATTLEBAUM sworn says:

Examination by Mr. Cannon Blease:

Q. You are traffic deputy in Newberry County?

A.  Yes sir.

Q. You saw where this boy was lying?

A. Yes sir.

Q. You were there with the jury and saw where the truck was?

A. Yes sir.

Q. How fast was the truck driving?

A. Not over ten or twelve miles an hour.

Doctor’s Certificate

This is to certify that I have this day, Nov. 22, 1928, examined the dead body of one Cleveland Caldwell and find that his death was caused by having been run over by a truck loaded with lumber, crushing his head, which caused death instantaneously.                     Nov. 22, 1928                   E. O. Hentz MD, Newberry SC

THE STATE OF SOUTH CAROLINA

COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at the Newberry County Court House in the County and State aforesaid, the 17th day of December A. D., one thousand nine hundred and twenty eight before I. H. Wilson, Coroner, upon view of the body of JOSEPH HUYSKENS (HUSKINS), Newberry County then and there being dead by the oaths of F. R. Hunter, E. B. Purcell, W. E. Long, B. P. Ringer, W. B. Timmerman, C. W. Bouknight 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 JOSEPH HUYSKENS (HUSKINS) came to his death, upon their oaths, do say that the said JOSEPH HUYSKENS (HUSKINS) came to his death by being accidentally struck by a motorcycle being driven by Chevis Boozer on Dec. 16, 1928. And so the said jurors aforesaid, upon their oaths aforesaid, do say that the aforesaid JOSEPH HUYSKENS (HUSKINS) came to his death by means and manner aforesaid.

IN WITNESS WHEREOF, I, I. H. Wilson Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                   /s/ I. H. Wilson, Coroner (L.S.)

/s/ Frank R. Hunter, foreman (L.S.)

/s/ W. B. Timmerman (L.S.)                                                 /s/ B. P. Ringer (L.S.)

/s/ W. E. Long (L.S.)                   /s/ C. W. Bouknight (L.S.)            /s/ E. B. Purcell (L.S.)

TESTIMONY

Inquest held Monday Dec. 17th 1928 at ten o’clock at the McSwain Funeral Home. Mr. B. V. Chapman represented the State and Mr. Steve Griffith represented the defendant, Chevis Boozer.

MR. F. F. SCURRY being duly sworn says:

Examination by Sheriff Mr. Cannon Blease:

Q. Mr. Scurry, you live in the town of Newberry?

A.  Yes sir.

Q. Were you in Newberry yesterday?

A. I was.

Q. Did you see the collision between the motorcycle and Mr. Huyskens (Huskins)?

A. I did.

Q. Tell in your own way, for the benefit of the jury where you were coming from and up to the time of the accident.

A. Mr. Foreman and gentlemen of the jury – About a quarter to one I was returning from church in company with Joe Huyskens (Huskins) deceased, and Mr. Swindler. On reaching the corner of Mr. J. D. Wheeler’s we noticed the motorcycle in front of our house which is about 100 yards from the corner of Mr. Wheeler. We were on the right, crossing. I was almost across. Joe was with me and Mr. Swindler turned to go home. That was when we separated. I said something to Joe about, “You had better hurry across – here comes a motorcycle”, not looking back. I was hurrying to get out of the way. I did not know until everything happened. When I heard the crash I looked back and I saw it. The motorcycle stopped. He put on the brakes. I do not know how he caught the body in the motorcycle, but anyway, I went back to help pick the body up. First thing I did was to go to Mr. Wheeler to have the ambulance called. Then called a doctor and then we phones the hospital and in the meantime little Jim Wheeler went for a doctor. Dr. Mower came in about fifteen minutes afterwards. I remained with Joe until the ambulance came. Then I went into Mr. Wheeler’s house.

Q. Which way were you?

A. I was on Meyer Avenue going towards the hospital, going home.

Q. You were going yonder way, going from the Presbyterian Church?

A.  Yes sir. Going towards home from the Presbyterian Church.

Q. Which side was Joe on?

A. I won’t say for sure. We were together.

Q. You in the middle?

A. Joe and I were going on the sidewalk, or getting ready to go on the sidewalk. Joe was behind me. Swindler was going towards the Bowman’s.

Q. Where was Joe?

A. I don’t know where Joe was.

Q. You know where the manhole is in the street?

A. Yes sir.

Q. According to that, where was Joe at when he was struck?

A. I couldn’t say. I was getting out of the way.

Q. The motorcycle was coming down Mayer Avenue?

A. Yes sir.

Q. Who was driving this motorcycle?

A. I learned that Mr. Boozer was driving. I did not know him at the time.

Q. That young man back yonder. Would you know him if you would see him?

A. As well as I can remember, that is him.

Q. Chevis Boozer?

A. Yes sir.

Q. Who else?

A. Mr. Bedenbaugh, the gentleman in front of him.

Q. Ralph?

A. I don’t know his first name.

Q. The one with his head tied up?

A. Yes sir.
Q. After Boozer struck him, what did he do about it?

A. He came back and he and I both went into Mr. Wheeler’s to get the doctor. He did all he could to get a doctor after
     it happened and phoned the ambulance. Then we went back out there, picked up the body and got it up on the
     sidewalk.

Q. How far from where it struck the body to where he stopped?
A. I couldn’t say exactly. I stepped it off last night – about 35 steps.

Q. When did you first notice the motorcycle?
A. In front of my house on top of the hill.

Examination by Mr. B. V. Chapman:

Q. Who was driving?

A. Mr. Boozer.

Q. Mr. Bedenbaugh was on the motorcycle with him on behind him?

A. Yes sir.

Q. I believe you said he carried or dragged him thirty five steps?

A. As near as I could say – I stepped it off.

Q. About thirty five steps?

A. Yes sir.

Q. You noticed this motorcycle coming. How far was it when you first noticed it coming?

A. About 100 yards.

Q. Was it running at a very rapid rate of speed?

A. I couldn’t say he was running fast.

Q. You say fast or very fast?

A. I say fast.

Q. That was at the intersection or crossing of Meyer Avenue and what street?

A. I think it was Glenn – right at the corner of Mr. Wheeler’s.

Q. You and Mr. Huyskens (Huskins) were crossing the street?

A. Mr. Huyskens (Huskins), Mr. Swindler and I.

Q. Crossing the street?

A. Yes sir.

Q. How close was Mr. Huyskens (Huskins) to you?

A. I couldn’t say. He was behind me and I was hurrying to the sidewalk to get pout of the way.

Q. This was within the county of Newberry?

A. Yes sir.

Examination by Mr. Steve C. Griffith:

Q. Now were you on the left hand sidewalk at the time?

A. We were on the right. We crossed over, as we approached the corner.

Q. You were walking towards Dr. Bowman’s and you were crossing on the left?

A. Mr. Swindler was going towards Dr. Bowman’s and I was going towards home.

Q. You had been walking in the street?

A. No, we were nearing the sidewalk.

Q. Were you on the sidewalk?

A. No sir.

Q. You were down in the street?

A. Yes sir.

Q. You had started across from Jim Wheeler’s corner over across to Dr. Bowman’s?

A. I started towards home.

Q. I don’t believe I know exactly where you live.

A. I started up towards home up the street towards the hospital. Mr. Swindler lives out towards Dr. Boyd Jacob. I presume Joe was behind me.

Q. You were going from Jim Wheeler’s corner towards Dr. Bowman’s?

A. No sir, I was going towards home.

Q. Which way is your home?

A. My home is just in front of Mr. Bob Lominick’s two blocks from the hospital at 2009 Mayer Avenue.

Q. You were going diagonally across the street from Jim Wheeler’s corner?

A. Directly across.

Q. You say you don’t know where the deceased was at the time he was hit?

A. No sir, I couldn’t say exactly how far.

Q. You did not see him hit. That was to your back?

A. Yes sir.

Q. Did Mr. Boozer discuss the matter with you afterwards?

A. Mr. Boozer said his motorcycle was out of commission. I think he got somebody to help him move it.

Questions from the Jury:

Q. Mr. Swindler lives back of the house on the corner?

A. I don’t know just exactly where he lives.

MR. PURCELL – He lives on Papa’s Place.
Q. Mr. Scurry, when you said 35 feet, did you mean three feet to the step or what length?

A. I will show you. I stepped it off just like this. I don’t know whether it was two or three feet.

Q. From what place did you start stepping?

A. I started at the manhole.

Q. That is right in the center of the street?
A. I presume it is.
Q. Approximately in the middle?
A. Yes sir.
Examination by B.V. Chapman:
Q. Did you say you heard the impact when he was struck?

A. Yes sir, I looked around.

Q. Did he carry him on the motorcycle or was the body being dragged?

A. I couldn’t say – it was going so fast.

Q. You don’t know as to what rate of speed he was making?

A. No sir.

Q. Would you be willing to swear he was making more than ten miles an hour?

A. No sir.

MR. JIM PERRY SWINDLER sworn says:

Examination by Sheriff Mr. Cannon Blease:

Q. You live with your father on Mr. Purcell’s Place?

A. Yes sir.

Q. Were you walking with Mr. Scurry and Mr. Huyskens (Huskins) when this accident happened?

A. I was.

Q. Tell in your own way what happened.

A. We were coming up Mayer Ave. and when we got in front of Mr. Jim Wheeler’s I went to cross over and they were
     going on up the street. I was going out towards home and they were going to take the left sidewalk towards Mr.
     Scurry’s.

Examination by Mr. B. V. Chapman:

Q. Where was Mr. Huyskens (Huskins)?

A. He was out in the middle of the street.

Q. In the middle of the street?

A. Yes sir.

Q. Did you see him when he was struck?

A. No sir.

Q. You heard the impact?

A. Yes sir.

Q. Did you go towards him after he was struck?

A. No sir. I ran to Dr. Senn’s to phone for the ambulance.

Q. You didn’t run until after the motorcycle stopped, did you?

A. No sir.

Q. You went to him when the motorcycle stopped?

A. After I went to Dr. Senn’s.

Q. How far was he carried or dragged after he was struck?

A. About thirty five steps I guess.

Q. Did you see the motorcycle before it struck Mr. Huyskens (Huskins)?

A. Yes sir, I did.

Q. Have you any idea of the probable speed of a vehicle running on the street?

A. No sir, I have not.

Q. Would you say he was running slow or fast?

A. Fast.

Q. Would you say he was running more than ten miles an hour?

A. I presume he was.

Q. This occurred within the County of Newberry?

A. Yes sir.

Q. Who was on the motorcycle?

A. Mr. Boozer and that fellow sitting right in front of him.

Q. Who was driving the motorcycle?

A. Mr. Boozer.

Examination by Mr. Steve C. Griffith:

 Q.     I believe that you said that you did not see the deceased when he was hit?

A. I was in front of Mr. Huyskens (Huskins).

Q. You were going in the direction of Dr. Bowman’s and you did not look back any more until he was hit?

A. No sir.

Q. This occurred at the intersection of what streets?

A. Mayer Avenue and – I don’t know the name of the other street.

Q. Glenn Street?

A. Yes sir, Glenn Street.

Q. At the intersection of these streets?

A. Yes sir.

Q. You were crossing from one side to the other side?

A. Yes sir.

RALPH BEDENBAUGH sworn says:

Examination by Sheriff Mr. Cannon Blease:

Q. Tell in your own way how it happened.

A. Yesterday about 12:30 Chev and I were going down Mayer Avenue. We were going down a hill. We saw three gentlemen. I didn’t know any of them then. Mr. Scurry crossed the street. Mr. Swindler, the other gentleman, he got across the street – and Mr. Huyskens (Huskins) had started across the street and looked like he was undecided whether to go on or to go back. He started across and then he started back. Chev – he turned the motorcycle and the man jumped right in the front of the way Chev turned. He hit him and threw me off and knocked the breath out of me. Chev went to the man he hit. Some ladies came out and said, “Call an ambulance.” That is about all I know except he went across the street. He stopped in the middle of the street and we were a good piece from him when we saw him. He had time to get across. Mr. Scurry and the other gentleman had got across to the other sidewalk. That is about all I know.

Examination by Mr. B. V. Chapman:

Q. About what rate of speed was Mr. Boozer making Mr. Bedenbaugh?

A. I don’t know exactly – about ordinary.

Q. Was he going awfully fast?

A. I couldn’t say just exactly.

Q. You have been on motorcycles and in automobiles and know about the rate of speed. About what rate of speed was
     he making coming down there?
A. We were making about twenty or twenty five miles an hour on Meyer Avenue bur when Chev saw the man he
     slowed up.

Q. He must have been making a good rate of speed to carry or drag the body thirty five yards?

A. He was running about ordinary. He had slowed up.

Q. This was at the intersection of those two streets?

A. Yes sir, Mayer & Glenn.

This is to certify that Joseph Huyskens (Huskins) died of Fracture of the bone of the skull. Left femur also fractured.

                                                                                                    Frank D. Mower MD

THE STATE OF SOUTH CAROLINA

COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at the City Hall of Prosperity in the County and State aforesaid, the 22nd day of January A. D., one thousand nine hundred and twenty nine before I. H. Wilson, Coroner, upon view of the body of ROGERS MORRIS of Prosperity SC then and there being dead by the oaths of E. W. Werts, J. W. Taylor, J. L. Counts, B. B. Schumpert, S. A. Price, J. A. Baker 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 ROGERS MORRIS came to his death, upon their oaths, do say that the said ROGERS MORRIS came to his death from a gun shot wound inflicted on January 18th 1929 from effects of said wound died January 20th 1929, said wound being inflicted by Corday Henry through carelessness. And so the said jurors aforesaid, upon their oaths aforesaid, do say that the aforesaid ROGERS MORRIS came to his death by means and manner aforesaid.

IN WITNESS WHEREOF, I, I. H. Wilson Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.                                   /s/ I. H. Wilson, Coroner (L.S.)

/s/ E. W. Werts, foreman (L.S.)

/s/ J. A. Baker (L.S.)                                                            /s/ Jno W. Taylor (L.S.)

/s/ James L. Counts (L.S.)                     /s/ S. A. Price (L.S.)                    /s/ B. B. Schumpert (L.S.)    

TESTIMONY

Mr. Joe D. Quattlebaum being duly sworn says:

Examination by Mr. Cannon Blease:

Q. Mr. Quattlebaum, you are constable in this county?

A. Yes sir.

Q. Did you arrest the defendant in this case?

A. Yes sir.

Q. What is his name?

A. Corday Henry.

Q. When was it?

A. Friday morning.

Q. Friday morning?

A. Yes sir.

Q. January 18, 1929?

A. Yes sir.

Q. Where did you arrest him at?

A. Over here in a little road behind Mr. Irvin Long’s.

Q. Anybody with you?

A. Chief May.

Q. You had a report on a guns hooting? What made you go over there?

A. This little boy came to us in front of the store. He came in there and said that Corday had shot Red. Me and the Chief went over there.

Q. How long after the shooting did you get there?

A. I really don’t know.

Q. From the information you received?

A.  I suppose he came right straight on over there. Possibly three fourths or one half hour.

Q. Did you talk with the man that got shot?

A. Just a little bit. I asked him if they had been in an argument. I don’t know just what he said.

Q. Under the Law, if you got there close enough after the shooting you can tell what the deceased said. If he thought he was going to die, he had a right to talk. Was it within an hour after he was shot?

A. I suppose so.

Q. Tell what he told you.

A. I asked him what was the matter and he said, “He shot me.” It didn’t seem to worry him any and when he got near the house I heard him say something.

Q. What did he say?

A. He said Corday asked him did he believe he would shoot him.

Q. The defendant asked the man that got shot?

A. Yes sir. He said something about he didn’t think he would and he shot him.

Q. Where did you ask him that?

A. I asked him that statement as I carried him down from the car to the house. We couldn’t drive down there in the car.

Q. Did this Henry make any statement?

A. He said it was an accident.

Q. Did he say how it happened?

A. He said the gun went off a couple of times before the accident.

Q. Did he say they were going hunting?

A. He said that they had started hunting.

Q. How far from home when the shooting occurred?

A. I don’t know. I think possibly it might have been a half mile or a little further.

MR. A. C. MAY sworn says:

Examination by Mr. Cannon G. Blease:

Q. You are Chief of Police of the Town of prosperity?

A. Yes sir.

Q. You and Mr. Quattlebaum made this arrest?

A. Yes sir.

Q. Were you with Mr. Quattlebaum all the time from the time of the arrest was made until he started to Newberry with
     the Negro?

A. I left Mr. Quattlebaum at the Railroad crossing.

Q. Did you hear any statements by the man that got shot?

A. I heard the boy that did the shooting say that the gun had gone off twice before. The boy that got shot said what he had to say after they got to the house. I never heard that. I left Mr. Quattlebaum at the railroad crossing. He and some Negroes carried the boy down to the house.

Q. When did this shooting happen Mr. May?

A. On Friday.

Q. January 18, 1929?

A. Yes sir, somewhere around ten thirty to eleven.

Q. Did it happen in the town of Prosperity?

A. Just outside of the town.

Q. In the County of Newberry SC?

A. Yes sir.

HENRY LEE sworn says:

Examination by Mr. Cannon G. Blease:

Q. Tell what you know.

A. All of us were walking along there in the road.

Q. Us? Who?

A. Me and Walter Clark, J. C. Clark, Corday Henry and Willie Lake.

Q. Walking along what road?

A. Over here behind Mr. Long’s

Q. Public road or private road?

A. Private road.

Q. Were you going hunting?

A. Yes sir.

Q. How many guns in the crowd?

A. Three of us.

Q. Did you have one?

A. No sir.

Q. Where was Corday Henry and this other boy that got shot - in front or behind?

A. All of us were walking along the road. He was in front.

Q. Who? Corday?

A. Yes sir.

Q. Where was Red?

A. He was walking along the side of the rest of us.

Q. You were talking?

A. Yes sir.

Q. Tell what happened.

A. We were all walking along talking and I heard him say, “You don’t believe I will shoot your god damn ass, do you.” And he shot him.

Q. Had they any argument before that?

A. No sir.

Q. No fuss before that?

A. That was all that was said.

Q. What did the dead Negro say?

A. He said, “Oh Lordy.”

Q. Had he been talking about shooting him before that?

A. I hadn’t heard him say anything about it.

Q. What did he say after he shot him?

A. He said, “Now I am in trouble.”

Q. Did he say he was sorry or anything/

A. No sir.

Q. Did you hear him say anything about it being an accident.

A. No sir.

Q. Were you there when Mr. Quattlebaum and Chief May got there?

A.  Yes sir.

JURY:

Q. Did you see the shooting?

A. Yes sir.

Q. Did he point the gun at him?

A. Yes sir.

MR. CANNON G. BLEASE:

Q. Shot gun?

A. Yes sir.

Q. Double or single barrel?

A. Single barrel.

Q. Did Corday look like he was mad?

A. No sir.

Q. Having fun or what?

A. I didn’t take notice of him being mad.

WALTER CLARK sworn says:

Examination by Mr. Cannon G. Blease:

Q. What is your name?

A. Walter Clark.

Q. Did you hear him state what Henry Lee just stated?

A. Yes sir.

Q. Were you with these boys when the shooting happened?

A. Yes sir.

Q. Was that what Corday said to him?

A. Yes sir.

Q. Is that what you heard?

A. Yes sir. That is exactly what I heard.

Q. Did you hear any more?

A. No sir.

Q. Did you see him point the gun at him?

A. He pointed the gun at him and that is all.

WILLIE LAKE sworn says:

Examination by Mr. Cannon G. Blease:

Q. Were you with these boys?

A. Yes sir.

Q. Did you hear these boys testify before you?

A. Yes sir.

Q. That what you heard?

A. Yes sir.

Q. No more?

A. No sir.

Q. No less?

A. No sir.

Q. Did you see him point the gun at him?

A. yes sir.

Q. Did you hear this boy say what he said when he was going to shoot him?

A. Yes sir.

JURY:

Q. What did he say he was going to shoot him for?

A. He didn’t say.

Q. Was he mad?

A. No sir.

Q. No words passed before?

A. No sir.

Q. Had you boys been out before that?

A.  No sir, I hadn’t.

JURY:

Q. What did he say he was going to shoot him for?

A. He didn’t say.

Q. Was he mad?

A. No sir.

Q. No words passed before?

A. No sir.

Q. Had you boys been out before that?

A. No sir, I hadn’t.

J. C. CLARK sworn says:

Examination by Mr. Cannon G. Blease:

Q. Were you with them when they had this shooting?

A. Yes sir.

Q. What did you see?

A. I had stopped to tie my shoe string. I heard the shot. I broke and ran to town and got the Chief.

Q. Did you hear what they said before?

A. No sir, I heard the gun shoot.

Q. And you didn’t hear this remark about this shooting?

A. No sir.

Q. Were these boys mad?

A. Not that I know of.

Q. Had they had any fuss?

A. No sir.

This is to certify that Rogers Morris came to his death from the effects of gunshot wounds and its infections in the upper third of the thigh on the outer side.       1/22/1929                              J. I. Bedenbaugh  MD

 

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