The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1895-07-03
Murdered by Ccnstables.

Murdered by Ccnstables.
SrARTANDURG, June 2S.-Last nlShta
fight took place on tho Howard Gap road,
about five miles from Spartanburg. Inc
constables had heard that q LOAD OF WINS.
KEY was coming from the dlrectlon OF
Polk County. Constable Eichelberger
sent out Constables Pettigrew, Of Fair
field, Toland and Byars, Of this County,
and man by the namo OF Stevens to
intercept the wagon. They metit in the
road, about five miles from town, not far
from the scene of the recent Pisgah fight.
The constables divided their forces and
made the attack in front and rear. One
of them in front ordered halt and sur
render, stating that they were State ofh.
GERS. Some one in the wagon said, "All
rights" but before. they had time to dis
mount and deliver the wagon and con-
tente pistol was fired, and PettigreW
felL. The firing then became general.
When the smoke cleared away 1t was
sascertained that Jack FisheF and Bill
Durham, of Tryon, N. c., were killed:
Pettigrew was very severely wounded
with.,little chance Of recovery. Toland
was shotin the breast, but the ball ranged
round and the eiwound is slight. 1t is also
said"that youth by the name of Brown,
a driver OF the wagon, was wounded.
One ofthe mules drawing the wagon was
shetland it is believed that he will die.
Stevens was left in charge of the wagon
and whiskey. s%Toland came on to town
last niphtsAMark Durham, brother OF
Bill Durham, is in town this morning.
He was in the neighborhood at private
house. Fisher and Durham We're shot
in the wagon and fell back with their heads
resting on whiskey barrel. There they
were to remain until the coroner arrived.
The Fisher family is rather proml-
nent or rather notorious one ABOUT
Tryon. Physically they are fine speci-
mems of mountain manhood. Durham
was relative or special friend of the
Fishers, and they could always count on
him when they needed help. They had
two barrels of whlskey and perhaps more
in the wagon. It is not Known what the
destination of the whiskey was. No one
from the city was mixed up with 1t In
any way.
it is said that Pettigrew cannot live.
The coroner held an inquest and the
verdict was that Fisher and Durham
came to their death by gunshot wounds
at the hands of parties unknown to the
Jury. The constables refused to give tes-
timony and there were no other wit
nesses. It is believed that Fisher and
Durham did not fire at all. Their guns
were all loaded, and the testimony was
that they were shot while lying down in
the wagon. 1t was a pitiful sight. Fish
er YVES killed instantly, but Durham lived
for several hours and died from Toss of
blood.
SpARTANBURa, June 29.-The Fisher
Durham tragedy was the general topic
for the street takers yesterday. Many
of our people, led by curiosity, went out
to the battlefield. It was in an open cot
ton field, about fifty yards from Lang
Waddell's house. The constables had
heard that whiskey was brought to that
neighborhood and there distributed to
wagons that carried it to different points.
For several nights they had been watch
ing the roads. They somehow received
information that Fisher was coming
down Thursday evening.
Toland and Byers, from this County,
and Stevenson and Pettigrew, from Fair
field County, went out to intercept the
wagon. They were we'll armed. They
seemed to have special desire to cap
ture Fisher. One of the constables SEEM
ed anxious to have an encounter with
them.
The staten ent of the constables and the
cate that Fisher and Durham wera in
stantly killed without firing shot. They
had three guns in the wagon, all loaded.
The constables say that they agreed to
surrender when requested. They also
report that someone fired the first shot
from the wagon, or from the rear Of it,
they could not tell which. The firing
was very rapid, the constables shooting
from the side Of the wagon or from the
rear.
The doctors say that both men were
shot when crouchipg down. Toland
claimed that he killed both men, but
evidence shows that Stevenson shot
Fisher in the side Of the head with
shotgun. They also state that Toland
and Pettigrew were wounded after the
two men in the wagon were shot and
when the firing had nearly ceased. It
was quite dark, the moon having gone
down and clouds adding to the darkness.
They could see forms outlined only by
the flashes of the guns.
There is some mystery as to the shoot
ing of Toland Pettigrew. In the great
confusion the constables, believing that
there were men outside of the wagon
using firearms, would easily mistake
their own men for the enemy. Some
believe that all the shooting was done by
the constables. There was no evidence
before the coroner on this point. Both
Fisher and Durham were shot several
times. 1t is believed that there was an
outsider or two with the wagon, or that
two men from the neighborhood had
ridden out to meet the party, for a horse
with bride and saddle on was discovered
near the wagon. The theory is that the
two men with the horses were some dis
tance behind when the firing began.
The grey horse which was found next
morning was tied to the hind end of the
wagon and his rider was walking with
his companion, in the rear. They were
unarmed, their guns being in the wagon.
When tile shooting was going on they
were afraid to approach, as they had no
arms. When it was all over they were
more afraid, as the constables had pos
sessios of the wagon. 1t is not known
who these meE are.
Byars and Stevenson surrendered to
the sheriff, but he would not take charge
of them without warrant. Later in the
day man by the name of Robinson from
the Tryon neighborhood swore out war
rants Tor them, and they were arrested
and put in Jail. Pettigrew was brought
to town last night. He may recover, but
the chances are against him.
There was some talk of trouble here
last night, but it was only talk. No one
in town will trouble the constables when
in the discharge of their duties, and there
is no danger OF mob from the country
coming in and making trouble. Our
people are simply watching events. They
deprecate these violations of the law and
these nurderous affairs in the so-called
execution Of the law. But they are pre-
pared to hear of worse tragedies in the
future. The dispensary law is bringing
greatest trouble where the Conservatives
are quietly submitting to it.-Nc'0s and
Courier.
Henry RutIedqe Shot.