The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-07-03
RESISTANCE TO LAW.
State COnstabIes Engage In u Fight
with MOOnShtuerS-TwOM MOOnsfin-
erS kiIled-TwO COnSfRbles Badly

Owing u the eNtremS partlZanSnip OIL lne
reports that have been published OF this ar
lair we find il diff cult TO get what we believe
to be Il fair and impartial account OF the
bloody work ut Spartunburg. There are some
later reports than the following which we
take from the Headlight extra, but they are
so iul of coorng matter and personal bias
that we place less reliance In the later stories
than in the first reports. Tue labored etfJrt OF
most of the accounts that we have seen has
been 10 create the impression that the con-
stables were To blame, and that they fired first
An absurd story Is. To create the Impression
that the couStab. es riti-d the pockets OF the
dead men, robbing them OF their money. Ac.
cording to our way of thinking 1t matters not
who fired first. The North Carolina con.
spirators had made an armed invasion OF the
soil of South Carolina and were In the per-
lornance of au unlawful act, and having
taken the law aud their lives In their own
hands, they should suffer the consequences
The Headlight says.
Thursday morning at / o'clock one Of the
bloudieSL scenes ever enacted in our county
occurred IN front OF the residence OF Mr.. Lang
Waudill, on the line OF the Spartanburg Il
Asheville railroad. about tou" miles above
this city. AS Il result, Jack Fisher and Bill
Durham, who lived near Landrum, are both
dead, and ConStables T0laud and PettigreW
are shot through and through, and are In Il
precarlOus condition.
Our citizens krew nothing about this
tragedy until they awoke IN the morning
when the news quickly spread like wlldflre.
Crowds gathered upon the streets, discussing
the matter, wnlle acquisitions were made up.
on the livery stable for vehicles 10 vlSit the
scene OF the shooting.
The Headlight editor secured horse and
NJ ltn
earliest arrivals. The place where the battle
took place Is but a few steps beyond Mr.. Wad-
dills house. on the roadside, and In the edge
Of his cotton patch. The first sight that at
Iracted our attention upon reaching the scene
was the covered wagon, while standing beside
IL were two mules, with harness cut of, one
shot iu the right hip. the other in the LETT
thigh. Beside the wagon was great pool OF
blood, while Il stream of blood had drtpped
from the wagon body, Another puddle OF
blood was seen IN the field about eight feet
from the wagon, where Pettigrew had ia!len
when shot. The wagon was riddled with bull
perforated with bullets, while other balls
passed through the body and boxes In the
wagon.
Within the wagon were two barrels and
three kegs OF muonshine whiskey, without
stamps. Deputy Marshal Kirby was on hand
to take charge OF 1t, as the general govern
inent claiiueu the same. A half dozen con-
stables were present, but they left shortly al
=
where these engaged In the shooting surren-
dered themselves TO the sheriff and were
lodged In Jail. There was 70 or lUO people
present, incuuing several lawyers from TINS
city, MIR. Durham, brother OF one OF the dead
men was also there, aud was cool and collect.
ed. 1t was reported, however, that number
OF friends of Fisher and Durham would be
down on the train, aud troubled was appre-
uended. But this p. owed II false alarm.
The bodies OF the dead men had been taken
from the wagon, aud Drs. Blake and Black
were holding an autopsy on tisher. he had
been literally riddied with buckshot anu oalls
\ load of shot entered his head ball entered
the back of his neck, and also at his right
nipple. Fishers death must have been In
Simultaneous. His eyes were open and his
face had set, determined LOOK, such as one
would imagine IL man would wear who died
with his boots ou."
Durham Is a small man, with light colored
mustacne, and his eyes were partially closed,
and his lace wore u look Of pain, showing that
ne had suffered much before death. II is
thought that he lived several hours after be-
Ing shot, aud died just before day6reak.,
We first Interviewed MIR. Lang Waddlll who
lives In the house where the hight occurred
Mr.. Waddill said he was walked up about l
o'clock by one Of his children, VINO was sick.
He heard some men ride up, OUT oelore ne
could investigate what the matter was, shol
was fired, followed by a regular tulisade. the
flashes from the guns illuminating the
grounds. One OF the balls struck his house.
He did not know what was up, but rom the
decided that his house was the best place for
him, and so remained in his room, until day.
break when he went out TO the wagon anu
therein two dead men, whom he knew TO be
Jack Fisher and Bill Durham. During ihe
mig hit some one in the wagon kept pleading
with him 10 come TO his assistance, saying
that his name was Durham, Tut Waddill was
afraid TO venture out. After awhile the voice
ceased and all was still.
Coroner Pollard proceeded 10 hold an In
quest, but the constaoles engaged in the shoot
ing refused 10 testify, as they were TO be tried
for the killing, SO the coroner adjourned 10
come TO town 10 complete the hearing.
Jack Fisher aud Bill Durham are we'll
known to our people, having been engaged III
the whiskey business for twenty years. They
were both known as desperate men, VINO
would fight ut the drop ol hat, and drop II
thems Ives. In fact, they lived oy the pistol
and died by the pistol Jack Fisher Was q
tine looking man, who figured in politics In
this section. Fisher ran government sllli
small part oi his business, and lnat he was
extensively engaged in blockading as was
proved oy the unsiamped liquor lound 10 his
wagon. There are tour or hve ot Inc tlsher
boys and several OF the Durhams, an known
TO be brave men. For several months past,
so report says, Jack Fisher and Bill Durham
ran a whisky wagon regularly Into this
county, and had detied the officers OF the law
TO modest them. In fact, II was Cften staled
that when the couslaOles tried 10 arrest either
of these parties something would have TO be
done. They had regular stands over the
county, and on stated days would orlng down
load of blockade whiskey aud dispose oi IL.
WHEN THE BATTLE BEGAN.
If the evidence submitted is true, and we
believe that IL is true, men never were more
Justified IN shooting 10 kill than were those
constables when they returned the shots.
The men had agreed to surrender, andS when
Constable Pettigrew advanced TO accept the
capitulation he was shot dead in his tracks.
II was then that the battle began.
CONSTABLE ToLAND's STATEMENT.
Constable Toland was visited at his home
In this city by q Headlight reporter. He ap'
parently was suffering but little, and talked
IN u Tree and easy manner. A large croWo
had congregaled, and be repeated 10 several
the story OF the shooting He says that they
approached the outlaws and informed them
tiit.t they were state cOnstables, and would
have 10 arrest them and take their team and
whiSkey. Fisher, who was with Durham Oh
the first seat, said "all right" but Immediately
began shooting.
He saw two men jump from the rear OF the
wagon and fired WUunding one OF them. Al
this time one OF the men shot him and ne
saw no more.
Constable Toland has the reputation Of be
| ing brave man. His father Is mentioned
with the highest praise In "Surrey OF lht
| Eagles Nest" anu was one OF Inc mos
courageous scouts in the Confederate service
He was killed last year at Langley, while Try
ing TO separate u father and sou who wer'
| fighting.
| Constable Toland was faithfully attended b.
Drs. Dean and Blake, and his young wife.
MARK DURHAM IN TOWN.
Early this morning Mark Durham showed
up in SpartanUurg, and II was surmlSed b.,
some that he was one OF the men who mad
| the "slide' out of the back Of the wagon
| Mark Durham, who Is brother OF BIZ
and almost rs noted character, denies thi!
and says that he was at b friends, about tel
miles above, and that "a negro came and In
| formed him Of the affair.
He spent the morning sending kilograms Il
i his friends in the mountains, and about tel
/ ln'n nnf IN h. nf ia hpt