The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-02-11

rally known, the Courtroom was crowded
when 10 O'Clock, the hour for com
%nencing. had arrived. The State and
he defence both announced their will
ngness to proceed, and Clerk Zcigler
'egan to call the jurors. After a num-
her Of them had been put upon their
DIR lire. and q good many objected to
III the part Of the defence. and some by
tho State, the following jurors were
selected to try the cause:
j. A. Partlow. Foreman: Ben Brown.
(col) Theodore Kennedy. j. ID. Carwile
j. J. Bass, w. G.. Shaw, j. Z. Mundy.
w. w. Lawson, Lewis Brown, (colj
L. X. Blackwell, j. T.. Ellis, Peter
Richey, (col).
TESTIMONY FOR THE STATE
Mr.. William Riley, was the first wit
ness offered by the State, and, being
sworn said: Am Marshal Of the town;
was standing just above the door Of Auer-
bach's store when | heard n pistol fired;
saw q good many negro women rush out
o.. door; ran in there and saw Benedict
was shot; saw Ferguson standing there
with pistol in his hand; asked him if he
did the shooting, and he said eyes, the
damn rascal was trying to kill me-" l
then arrested him, and SEN for Mr..
Graydon, who would not let him give
bail. l then took him in the Court
House to Mr.. Dulre. Asked him if he
could give bail, and Mr.. DuPrc sent him
to Mr.. DeBruhl, who inquired into the
shooting and on finding Benedict was
dying refused to allow him to give bail
and sent him to Jail.
On the cross-cXamination witness de-
scribed the positions Of Benedict and
Ferguson when he entered store.
Elijah Vance, colorcd, sworn: Was
in Aucrbach's store when Benedict was
shot; noticed Ferguson leaning on coun-
ter opposite Benedict, and saw Ferguson
put his hand in his pocket pull out his
pocket. Caught n yon"~ ..n ny the
sayin; I did. ! know who he was going
to shoot. Was in Kalisky's when shot
was fired: saw Benedict right after he
was shot; saw nothing in his hand.
observation-disclosures was lean
ing OH the right hand counter going in,
ut the lower end Of it.. Benedict was
below on the other side behind counter.
waiting on customers; didn't notice
what he was selling; was behind Fer
guson when l saw him take out pistol;
was nearer the door than he was; took
pistol from hip pocket, not in much Of Il
hurry. Ferguson said nothing when
was in there. There was n crowd in the
store: was in store five minutes: found
Ferguson there and left him there.
Acknowledgment Of store shown
witness and from it he explained posi-
tons Of the defendant and the DECEASED.
Hetty Bolton, colored, sworn: Was in
Auerbnch's store when Ferguson shot
Benedict; Ferguson was on right side
Of store leaning on counter, then went
over on the left side. Benedict was be-
hind the left hand counter and COM
nenced waiting on inc. | asked him to
show me some shoes; he came from he
hind the counter and went towards Fer
guson to get them; heard Ferguson say
something to him, but did not under
stand what it was; heard Benedict say
"What you say ?" and then Ferguson
shot him; Benedict did not get n chance
to get the shoes before he was shot;
Benedict had nothing in his hand.
Lucy Saunders, colored, sworn: ]
was in Auerbach's store when Benedict
was shot; was standing between the door
and Benedict; Ferguson was leaning on
right hand counter. not far from door;
Benedict was behind left hand
counter not far from door; when l saw
him again he was on the left hand side,
at counter rurthest from the door; Bcne-
dict was behind left hand counter, Fer
guson had pistol in his hand; a stack of
boxes between me and Benedict, 80 that
l could not see him; saw Ferguson was
going to shoot and started to run; didn't
see Benedict come out Of store. 80
Cross-examined-WaS with Hetty
Bolton, standing beside her when pistol
was fired; didn't hear Benedict say n
word, nor Ferguson either; dlL,'t know
who Ferguson was then, but ! noticed
him leaning on the right hand counter
as | went in; didn't see Ferguson cock
his pistol, and don't know how far Bene-
dict was from Ferguson when lie got
shot.
Dan Plummcr, colorcd, sworn: Was
in Auerbach's Stnre when Ferguson shot
Benedict; Ferguson was standing on the
right hand side Of the store, Benedict
behind the left hand counter. Benedict
went from behind the counter to get
some shoes and Fcrsuson,s shot him; saw
him when he pulled out his pistol; shot
him before | left the store.
Cross Observation-Disclosures store
was crowded on the day before Christ
mas. noticed Ferguson till he
shot Benedict; saw him take his pistol
out Of his hip peckct. Three or four
women were getting shoes from Bene-
dict; heard neither Ferguson or Bene-
dict say anything.
Redirect am not sure which pocket
Ferguson took his pistol from.
Richard Sondley, sworn: Was in
front Of Auerbach's store ut the time
of the shooting; Benedict. came to the
door and said he was shot and /
caught him; was shot a little to the
left of the meridian line; died in
in twenty or thirty minutes after he was
shot; bled very little externally; had
nothing in either hand.
Cross-examined-Saw Ferguson in
the store about the length Of first coun-
| k1. loo1.. III ----