The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1895-07-04
THE BIG MURDER TRIAL
BANTER SBEMWELL FOR KILL
ING DIR. L. l.. PAYNE.
Motion Made for the Removal OF the
Trial to Another County, on the
G round That a Fair one Can
Not be Had in Davidson.

The case of RdXter SHemwell, Wh(
is on trial at Lexington for the muir
der of the late Dr.. r. L. Payne or
February 18th last, was called at the
afternoon session of Davidson Court
yesterday.
Judge B0ykin is presiding. The
defendant and State are represented
by distinguished counsel, "our Cy'
(WatsOn) being one Of the lawyers who
appear for the man who is ON trial for
his life.
A special to the Raleigh News and
Observer says that young DR.. Payne,
the son Of the deceased, was in court,
as was also the defendant, Baxter
Shemwetl. Sitting beside Shemwell
were his wife and little boy, his sister,
Miss ShemWell, and his father-inlaw,
Mr.. Bernheim. ShemWell looks clam
my white but does not seem to have
lost much flesh. His eyes, large, full
blue, are bright, but his general APP
peaTaDce is one of sadness and bag
gardneSS.
| A semi-SenSatiOn was at once sprung
upon counsel for defence by Judge
Montgomery, who made motion to
have the case removed to another
county on the ground that it could
not to fairly tried in Davidson. Judge
| Montgomery then read somewhat
| lengthy atfidavit which he had pre-
| pared after consultation with his col
leagues, a synopsis of which is as fol-
| lows:
| That Shemwell is largely connected
| by BLOOD and marriage in the country;
| that he is man of large substance;
that his friends have been diligently
at work since the finding of the in
| dictment and there have been thirteen
| or more persons actively canvassing
all parts of the county in his interest:
| that the present county Treasurer,
| who has been sixteen consecutive
years in office as such, a man of great
| influence in the county, has actively
eSpOuSed the cause of the TreaSurer'S
son, former postmaster in Lexington,
is the defendants brother-in-law and
another son is deputy-clerk OF the
court and these two also are active in
formulating public sentiment in favor
of the defendant; that the defendants
father-in-law is a Lutheran minister
and has been pastor of several
churches in Davidson county and he
now lives in Lexington and has been
actively engaged in work for the de-
PENDANT; that the sheriff of the county
has been there attended by the
deter him in the selection of venire-
men; that one of the defendants can
vassers has been heard to say that the
defendant has plenty of money and
would fix the jury; that another of
defendants friends had threatened a
juror drawn on the regular panel that
if he convicted Shemwell he would be
killed; that prominent minister in
Lexington shortly after the killing is
Sni TO n ua u
capital punishment and when his at
tention was called to the improperly
Of such a sermon at such time he re-
piled, Nov is the time to work" that
there is a sentiment against capital |
punishment in Davidson, that there
have been seventeen trials in the
county since the Surrender for murder |
with not single conviction, all were
acquitted save one who plead guilty !
of manslaughter; that the case has
been so much discussed that every |
man competent to sit on a jury in the !
county has formed and expressed an |
opinion about the case; that the |
friends OF the defendant have circu- |
lated throughout the country untruth-
full and perverted statements of facts |
about the case.
counsel for the defendant were led in |
spirited resistance by Cy. Watson,
who with the rest of his colleagues, |
insisted that the names of the persons |
referred to accompany the Specitica |
tions. There was adroit sparIing pro. |
and con-, the result being that the |
paper was handed to the defence, the |
court ruling that the names and par |
ties should be furnished which was |
agreed to by the prosecution, who |
amended the paper with the names at |
the proper places.
Counsel for the defendant taking |
the affidavitS said they would return |
in two hours, bat at the end of that |
time they were still in conference and |
the court adjourned until morning, |
when the answer, said Mr.. Watson |
last night, would be forthcoming. |
Moreover Mr.. Watson said that every |
charge would be satisfactorily denied
and that contrary affidavits would be |
produced from all the thirteen per-
sons named; that several were in |
hand already; that one by the name |
of Saner said that he never spent a
moment in canvassing for Shemwell F.;
that the Treasurer swears that he
never lost half hour from his bust
ness on account of Shemwell or any
one else; that they will have affida-
wits showing that competent jurors
can be obtained who have not formed
nor expressed opinions; in short that
the affidavit of the prosecution is en-
tirely without foundation.
Meanwhile there are 1913 witnesses
already summoned and it is thought
that the trial will occupy at least ten
days if not more and that the town
will be split wide open into factions
for there are said to be many here now
who will not speak to another even at
this stage Of feeling which, it is said,
will grow more and more bitter each
day.
The prosecution were quietly busy
last night getting fifty signatures of
responsible men to an affidavit stating
in the county. 1t is said that there
are already thirty names signed, and
the fight will be made hand to hand
throughout.
MOVEMENTS OF PEOPLE.