Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1882-04-06

Fort Mill. On the YIN OF NoVeHppl, "Ot'
this case the State was represented Dy MI. 30,
licitor CASTOR, and the defence was condacteo
by Messrs. Wilson Il Wilson and y. Il. open-
Ger, Esq. a ,,,o.aod
The iury was obtained from the regular pam
81 and was constituted as follows: Andrew
jackson. foreman. A. J. Walker, Robert w.
Whitesides. John Hammell, D. j. Glenn, ST.,
D. A. Gordon, P. R. Currence, Samuel =.
Smith. D. R. S. Blake, J. w. Good, W. NJ.
Kennedy, Rufus NJ. Allison.
A. w. Ingold was appointed by the Court!,
and qualified as official reporter OF the testl-
mony.
TESTIMONY FOR THE STATE.
III. SAVE. sworn. know the prisoner at
the bar. also knew N. T. Gibson. Heis dead.
difficulty occurred between Gibson and SUIT
ton. on the 9th of November last, IN this coun-
ty-at Fort Mill. The difficulty occurred at
the postofice in Fort Mill. My attention was
first attracted to the affair by loud talking at
the post Office looked il tAa4 eg ~ gos
office. After firing, he came away from where
he stood, remarking that he allowed no man
to back him out Hayworth come up to where
Sutton was and advised him to leave ad-
vising him the second or third time to leave,
Sutton started to run off. Some five minutes
after the firing, saw Gibson lying in the post
Office, dead.
Cross examined. did not see Gibson when
Sutton fired. I was some thirty OF forty steps
away, on the same side Of the street as the
post Office, and between the post Office and the
depot, ten or fifteen yards from Belk's store,
below the store, nearer on towards the depot.
Belks store is not very far from the post office;
do not know the exact distance. l saw SUIT
ton fire at some one in the post Office. Sutton
was standing on the side walk near the door
a little to the side of the door. He was not
on the step when he first fired, but was close
to the step. II did not see Gibson. After SUIT
ton fired, T heard shot come from inside the
post Office. also saw the smoke Of the pistol.
Heard other shots, in rapid succession, after
the second report. Heard some inside the post
office. saw Sutton shoot more after he fired
the first time. When he fired the second shot
lie was about the step. I saw him fire other
shots. He fired three or four shots. I could
not see Gibson. heard shot from inside
the post office, and saw the smoke. Sutton
the post Office. I don't think Sutton went in
side the post office. 1 saw Sutton fire three or
four shots outside. My attention was first
called to the affair by the loud talking Of the
parties at the post office. Isuppose the reason
why Sutton was leaving, was, that he wanted
to get away. Fort Mill is an incorporated
town. This shooting occurred between and
5 O'Clock in the afternoon.
P. X. NULL, sworn. know the prisoners,
but am not acquainted with them. knew
N. T. Gibson. Between 8 and 4 O'Clock on
that day Gibson had been at our store. I
was some distance from the post Office waiting
for the mail to open. While thus waiting,
saw Gibson 60 to the post Office he and
Hayworth met near the post office. When
they met, Hayworth asked Gibson when that
sale was to come off. This led to angry words,
and Hayworth called Gibson "a lousy s. b."
Gibson replied: IF am one, you are one
too" Sutton, when he went towards the
steps, said he was afraid of no man, or set OF
men. At this time, Gibson said: 'Men,
don't crowd me-" The crowd was gathering
around the steps of the post Office. 1 saw
Sutton raise his pistol and fire. Two pistols
werr9reds the reports close together. Can't
SSay which fired first. could have counted four
head hanging dowr ufr5aaifa fa+ ooasas5sea Srttes,.s
Hayworth 20 and commence the quarrel with
Gibson, and Sutton then came up. did not
see inside the post Office I saw Sutton fall
back from the door when the pistol inside
fred. Sutton was near the door when Gibson
said : "Don't crowd me-" Gibson seemed to
me to be inside the door, but l do not know
how near to the door he was.
Cross examined. Mystore is sdiagonally from
the postofice, on heopposite side OF the street.
I was near the drug store when the fuss COM
menced. The drug store is one hundred feet
from the post Office. was more in front OF
the drug store, rather between my store and
it. Sutton was on the ground, nearly in front
of the post office door-in front OF the steps.
There are two or three steps from the post
Office door to the ground probably three.
saw Sutton fire at Gibson, who was in the
door. I can't say who fired first. The second
shot was from inside the postoface. heard
two distinct fires, but can't say who fired
first. After the first firing, saw smoke come
from the post office. saw Sutton with his
hand down, and could have counted four or
FIVE before he raised it. I did not see him
draw his pistol from his pocket. Before the
firing commenced, I heard Gibson say Men,
don't crowd me.' My attention was first at
tracted to the parties by seeing Hayworth
come up. was somewhat surprised at seeing
him, having heard that he had left the country.
I remarked his presence to some of the boys in
the store, being surprised at seeing him back.
AS he was coming up the street, some oneelse,
I disremember who, was with him. saw
Sutton 90 into the post Office saw him flre
about twice before he went in. After he went
in, heard the report of pistol. He then
got out of my sight.
Recalled. Hayworth asked Gibson, "when
was that property to be sold." Gibson replied:
ssLook on the post Office door and read the ad-
vertisement." Gibson was constable for
Trial Justice Culp. He referred to the adver-
tisement of the sale, when he said look on the
post Office door.
To the Court. I think six or seven shots
were fired. heard four or five; the first when
Sutton was on the ground. I don't know
whether one man fired both of the two first,
or whether one was fired inside. Don't know
who fired first, the shots being close together.
S. L. SMITH, sworn. I know Sutton and
Hayworth also knew Gibson when saw him.
I saw part of this disturbance. l was TWEEN
ty or thirty feet distant. Hayworth and SUIT
ton came up, and met Gibson at the post Office.
Hayworth commenced the talk. Both were
talking. 1 did not hear what Gibson had
said when Sutton asked if it was meant Tor
him. To this question Gibson replied that 1t
was for any id man that would take IL;
Gibson was then on the door-steps. Several
persons were near. The quarrel was c0ntin-
uous between Hayworth and Gibson, until
Sutton asked, "Does that mean me ?" Then
Sutton started toward Gibson. don't know
who fred or who drew first.
Cross eramiaed Sutton was standing near
the post office window. The window Is near
the end of the step, on the side towards the
railroad. The post Office has two OF three steps:
When saw Sutton he was near the steps. l
was on the sidewalk, near the first store above
the post office. Several men were between me
and the post Office. When Sutton asked Glib
son if he was alluding to him, do not know
whether or not Sutton was looking at Gibson.
Don't know who fired first, nor how many
shots were fired.
Redirect. Sutton and Hayworth are broth