The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-07-13
SHEM WELLS TRIAL.
AT LEXINGTON, NC. HE PLEADS
SELF-DEFENSE
The Proceedings Day by Day. The
Main Point.
SATURDAYS PROCEEDINGS.

tined as 10 the causes Wulcu 1eo up w '1S
shooting. He attempted several times to
disa-m Shemwell during the morning, but
Intellectually. At the trial previous to the
killing, old Dr. Payne, whose head was ban
daged as result OF wound inflicted by
shot from Shemwells weapon, during the
first shooting, said
~ will have to put on my glasses, as
cannot see out OF one eye"
shenwe!l remarked: II wish had got the
other" =,
The witness contradicted himself badly
during the cross-examination, but held firm
ly to the statement above.
MONDAYS PROCEEDINGS.
Baxter Shemwel was called to the stand.
He said: Il was 81 years old in March: lave
been married since June Sth, 1882. bought
an interest in the Lexington Drug Company
in January, 1895 Owned part in it at that
time. Had made nc threats against DIR. Lee
Payne. We met in the barber shop Saturday
hight, the 23d of February. Had some
words. After it was over met Chlef-ot-Po-
lice Michael and told him something relative
20 the trouble and also told my wife when
reached home.
Monday morning early was coming up
stree! to my place Of business. Had got five
or six feet beyond DR.. Payne, Srs., yard gate;
heard someone say 'Sbemwell;' looked and
saw the old doctor beckonlng me with his
right hand and closing front door with left,
which was Is feet from the gate. I stepped
back tc the gate and put my arm on the
gate post to await his arrival there;' waited
until he came witHin eight or ten feet and
said: Good morning, DR.. Payne He made
no reply to my salute. but walked up near
nd q
pistol on nv SON. said: He put his hands
10 his pocket and Ijust did it to save myself;
besides thought that this matter was set
tied Then he kinder turned as to walk back
to the gate, and said: you are armed now,
are you not. sir?' Said ittwice. never an
Swered but looked enEaged at him. linen ne
caught hold OF his coat and said: L can whip
you myself. sir. Then think said, IL you
are going to whip me. come outside and con
stand inside and abuse me-. Then ne threw
up to me- about practicinS for my mother
and making no charges. Something else
passed, cant remember what. Soon alter l
said wanted you people to let me and my
business alone He then asked me- How
are we bothering your business? l replied
YOU had continually bothered Wheeler ana
ruined his business by circulating that he
kept old medicines and substituted prescrlp-
tiops He Immediately shook his fist in my
face and called me liar. I had a cologne
bottle in my hand. I reached over and struck
him with it. He Immediately pulled out his
pistol and snapped it at me. About the same
time reached for mine, and Just then Mr..
Redwine stepped up and caught me and my
pistol went of, shooting into the ground be-
low. Mr.. RedWine showed me into the street.
About that time saw Lee Payne coming from
the Office with pistol in hand. Then
don't remember who fired first. l, re-
treating across the street, emptied my pistol
and got behind tree. All three OF us did
SHOOTING I was about the middle OF The
street when I fired my last shot. Then got
behj?d the tree. I heard either Mrs. Har-
grave. DR.. Payne Sr's.. sister, or his wife
other, who was standing in DR.. Paynes
porch, say Run. Shemwell or they will kill
YOU When was leaving heard DR.. Lee
Payne say Run, you cowardly cuss; also
say, him % to the Office and come hack with
gun. l could not tell what kind OF gun and
7 did run. Thought he was STOPPING from
inside OF the fence as If trying to shoot me.
I remember telling Will Hammer to bring me
a gun, after seeing DR.. Lee Payne with
qua. -,
II wen. over to Peacocks store and called
'or gun, but didn't get it. Went Inmedt-
ately to Reiwine's Got a box OF cartridges
l.: Peacocks At Redwine's got donois-
barrelled shotgun. Said to nobody that
yesterday was glad that didn't kill him,
bu" today am sorry. Iwent on down the
st. eet from Redwine's, somewhere near MIS-.
Adde.ton's gate. Then met my wife. who
said to me: 'You.are not going down there
II you so, so, and if they kill you they will
EiFl me, too
Mrs. Adderton came out, caught The lapel
Of my coat. and said: Baxter. be quiet.
Ycu used to listen to Mr. Addertcni now l
want you to listen to me and :e quiet, /
sad: They way-laid me and tried to EHi s,i
me- and then came on up the street. d,d
nc, say that I would kill them both before
night. l came on with my wife to the drug
store. did rot dare the PaypeS out Of he
Office; did not see them in the office.
Il asked June Michael, the officer who
came TO me, why didn't ne arrest the Paynea
ntst. He did go for them, thick, and left
them and came to me. l said: Have you
disarmed the Paynes?' He pulled out the
the court house with Mr.. Griffith when de-
clined to give up m; pistols. I was :omlns
out of the loos OF the grand jury room, He
(June MickaeD asked me for my pistols. |
told him to come and go to the drug s:o.e
and l would place them there. l w3!sed
back to The Sraud jury room with him.. IN
there gave him one Of my pistols. raised
the window ara jumped out, lie grabbing my
ccet and pulling it off. Then l wa'Eed
straight tie the drug store. He brought my
cost ant; also the pistol. and l put t!'em 'G
the drawer. After put away my p.sto!s
went TO Griffth's office and then from t"e?e
back 10 the drug store where Mltchae! came
and showed me the Payue's pistols. linen
vent mo the court room for the :Sial, sitting
rext &C nv counsel, Robbins & Roper. We
gave bonds for our appearance. The PaynAs
lett me room at once, after signing. me!
coold have gone nearly home before !eli
II have NO recollection Of ss:ing, I W .ueL
~ got tie other eye).
I remarked 20 some worl men hat all wa
over now. to get down to business; wen
pack, so; my pistols and looked over my
mail Az come back somebody met me aat
salEed to me few minutes. Then lsteppe:
out, met ey-Sheriff Griffith and tod BIN a.!
W. oye:: was going home. When I cam'
o.! OF the street from the court hcuSe. I'M
raynes were noS "a sight. Did not HaoV
irey i,al gone to Lawyer WILLIAMS ONCE
.rhev mad time to get home.
:;Arolt .ne loves corner OF The Metho&'s
churr;h I srw re Paynes the first time tnat
Erew tbe, wece anead Of me on the sue
walk. IlooHed Up ar:i saw tine doc:o;s. Say
somebody with them who had on cheviot
7 NAV have quicEen-d my step q ltt!e to pas
,nsrl before thAs got 10 the office, for kne1
tie. they had gups :here. caught ~, pass
cd Mr.. CyoFfs; re was about eigh' or tel
:eet behind. 1 spoke to him, called his
name. After passing him and about even
with DR.. Payne, Sr, Crotts hollered out:
Doctor! doctor! Shemwea is on YOU.
s:About that time I was step ahead OF the
old doctor, and about even with the young
doctor. As I got ahead of the old doctor,
young DR.. Payne Immediately drew pistol.
+ stopped to grab for mine. The old doctor
grabbed me Dy the arm, showed me out IN
the street beyond the ditch. I Stumbled and
liked to have fell. He showed me beyond the
ditch. 1 jerked my left hand loose, JeskeG
the other loose, got my pistol out and looked
and shot at Dr. Lee Payne. He OR. Leg
was running around trying to shoot me a;
ihe old doctor showed me back. Just as l