The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-01-27
ON TRIAL FOR cts LIFE.
D. K. cody sURRENDERs TO THE sHER-
IFF, AND ANSWERS TO THE CHARGE
OF MURDER.
Material Points in the Evidence, rs
Furnished by StenOsraphcr Aiken
After Hearing the Evidence, Ar
gument of Counsel, and Charge OF
His Honor Judge Hudson, the
uury Failed tn Make n Verdict,

After Hearing The Evidence, Ar.
gument of Counsel, and Charge Of
His Honor Judge Hudson, n
Jury Failed { o Max n Verdict.
Owing to the fact that our juries have here
tofore uniformly acquitted all persons
charged with murder, the people generally
have, in q large measure ceased To take much
interest in the proceedings Of murder trials.
For this reason We have lately male but
snort notices of the formal acquiltai OF the ac-
cused. But the mistrial in the case of ID. n.
Cody charged with murder in the killing OF
Ed Anderson, has excited some interest. The
Jury is understood 10 have been equally d.
vided as to conviction or acqulttal.
Thu accused was ably defended by Lt-Gov-
ernor f. B. Gary of the Aboesille Bar, and
Hon. Z. b. hurry of the Anderson Bar. and
The main points of the testimony in the case
is as follows:
DIR. b. A. Henry, sworn, said. saw, Ed An
derson on the Nth April, 1891. Found him
living on the side Of the road about u mile be-
low Lowndesville, In u critical conditlon,
pulse very weak. Gunshot wound in MS
right temple. Attempted 10 probe wound,
out the examination was unsatisfactory. and
[ left 10 see other patients. When l returned
in the afternoon he was dead. Ed Anuersuh
between - and 81. Think his home at Mr..
Aliens near Lowndesvilie. Made p0sttnor-
tenn examination, had no difficulty In prob
ing the skull, cut his head oprn after That,
ball entered back OF right temple, about inc
edge OF hair. and ranged dlrectly up ana
across the head. Bullet cut III TWO pieces.
Death caused from that wound. Cody toiu
me he wanted me to give the boy all of the
attention that was necessary at all. saw
Cody at place OF business, partner Vi L. Derry
Allen.
r.., N T Dad ctunrp said
He was conductor material train. was
about q mile east or LowndcSvllle ON morn
ing of 18Th of April last. Had spent the
night at Lowndesville. Was juggling ballast,
had Ed Anderson as a hand. this the tnlra
day he had been with u.s.. On evening OF l7Lh
asked to get Off 10 get clothes. He was throw
ing ballast on the train that morning. Cody
came to the cut thai morning aG GU Sorv
idesville. He asked me II Ed was working Tor
NE. l was loading my train Win art. me
train was cut in two. l was standing on tool
car. Cody behind me on the bank, when l
heard speak. He said "Ed, l have come for
Won. come out" and Ed got up ON the car,
and come by me, and went through the ca.
ooose, came back through the same door that
he went in at, aud he was getting down on
the opposite side anu l told him it was best
for him to 20 On, that they had come Tor him.
Cody was cunning up on the opposite slde
from where Ed was getting down, and In pull
ing up by the railing, l noticed that he had q
pistol In his hand, and II went off as he was
puIIing up. I saw Ed fall. l sad Mr.. Cody
YOU have killed him, and he said n". L guess
not. We looked over there, and he inld some
of the boys 10 get some water, and Cody
puured 1t on Ed. Ed was on the last step
making his way to the ground. l was stand
ing on the platform OF the car. ] guess Cody
when he told Ed To come out. 1 was looking
at his hand when the pistol Tired. When
Cody poured water on The negro he asked
somebody, to go for the doctor: Co2ly dld moi
o. - % L. v,hy no Nnmaf nr him WE fniEll-I
ed loading and left there twenty or thirty
minutes alter the shooting occurred. Before
we left Mr.. Berry Allen aud two or three 9TH
er pue!1es come up.
John Il. Horton, sworn, says:
He was engineer on the train 18TH or April.
Shooting done at one end Of cab. l was In
SIDE of cab at the opposite end, cab thirty-two
feet long. Was hurryins up breakfast. First
I saw OF Ed, he ran against me, and l noticed
Mr. Coiyer came by me In The door where l
was standing. Ed ran out Of the other door.
| heard Il pistol shot Just after that. l ran
out und saw Ed lying on the ground. When
he ran against me no went uack The other
way. ! was. standing in u Little hlleyw+y
anu he ran against me; not seeing me, !
suppose, in the excitement, he turned and
Cross-exuIninedEI heard Mr., Cody ask
some OF the negroes TO run Tor Il DOCTOR, and
also heard him say that he would not AVE ii
To have happened for the world.
Re-direct-That was Immediately after the
Anthony Tompkins. sworn, says:
| was one OF the service hands ON the train
on 18Th of April, l WAS digging ballast on the
second fiat aud Ed was shoVelllug ON the next
cur. l had my back to the car, when l heard
one say: Come out of the cut; l
have come for you. l will kill you II you
don't come out" and 1 look around and saw
4 white man, and l saw another one up on
the bank, and each one OF them had a pistol.
the two men ran down at the point ofthe
grade by q little tresLIe, and come up or the
side OF the train, and Ed ran by capt. Red,
and looked like he wanted 10 catch mold Of
The Captain. Captain Red tod HIM he hru
better go on ard give himself up, and then he
rau on, and this man shot HIM under the
arm between The car.-and we saw that
ne was killed and Capt Red told MS ~ go on 10
work, We could not do him any good. j dout
know who were there, but aOout fifteen on
twenty. Mr.. Cody did the shooting. The
,lher man wns ON the other side or The cut.
Never saw either one Of them before. Mr..
Cooly was standing at the end OF the cab |.
when he shot. He was cursiag, aud alter he
hot he hoilereu 10 the cook for som water,
md he poured water on him.
Cross. eXamined-1 was looking right at
Mr.. Cody when he shot hin. Don't know
whether he had hold OF the arms OF the car or
1ot. When Ed got on the car, Mr.. Cody was
over han the bumper, and Ed went to look
under, TO see where Mr; CODY was
He threw the pistol out and In that time IL
went OFF. He didn't aim IT a. him. but just
.nreW II out, n IL went OH. | told you al
parksville that l didn't know whether he
aimed 10 Kill him or not-didn'tknow wheti-
,r he intended TO kill him or not. Didn't
lear Mr.. Cody say he wouldn't have had
thing To have occurred for the world.
apt. Red drove us back TO work, and what
vas said there I don't
Henry Tolbert, sworn, says:
Was one OF the train hands. Two white
men came there for Ed-oue each side OF the
ar. | don't remember to have Seen the gen
IeInen, there in the dock. 1 saw the pistol
but 1 don't know whether Mr..
Jolly intended 10 Kill him or not.
Lewis Thomas, sworn, says:
Was on the service. Correlated Capt. Reds
estimony.
Albert Williams, sworn, says:
Was one of the cooks on the train. l WIS at
he stove, and as Ed came through the car,
Mr.. Coiyer came, n Ed broke back. After
hear I'd pistol fire l saw Ed lying with his
,ead in Mr.. Cooly's hand, and he was pour
no water on his head. After awhile Mr..
'ooly started off and said he reckoned he
get over 1t, that he was not much hurt,
nd after awhile Mr.. Cody came back with
Cross-examined by Mr.. Murry-You heard
ir. Cody say that its was an accident aud
hat he was sorry that IL happened? Ans
Yes, sir.
not have had it to have happened for
INVITING in the world. That's what l heard
say.
w. +. Starlight, sworn, says:
MIR. Cody told me, when l asked him about
he pistol, Just alter that IT was Il Smith "