The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1896-03-21

suppressed ana HIS Character
rs q Desperate and Dangerous
Person Futty EstabFished.
The trial Of State Constable S
L Howl, Of this place, charged
with the murder of John Nicho's,
COL, while endeavoriug to arrest
him on the 10th OF Decem Der las,
near Greenville, for violating the
dispensary law, came of in the
sessions court at Greenville last
Tuesday. A telegram received by
Constable CasKey from Sheriff
GiIreath Thursday morning, sta
ted that the jury, after remaining
out all night had failed 10 agree
on a verdict and that the presi-
ding Judge had ordered a mistrial
in the case.
We get the lowing account Of
the trial from the Greenville News
of the 18th instant: "rhere were
no eye witnesses to the occurrence
and when the statement Of the af
fair by Nichols who lived several
weeks after the shooting, was ex>
cluded the defense set up a very
clear case of self defence. The fa-
tai bullet entered directly In the
back and did not range to either
side. HOWE testified that just
beiore he fired the deceased had
assumed a threatening attitude
and partially turned toward him
but Just as he fred the neg'o
turned 60 "a to receive the fatal
wound directly 10 the back.
1t was after l o'cl elk when the
first witness was sworn.
DR. J b Earle testified that when
he examined the body of the de =
ceased he found a wound in the
back from a pistol shot. There was
a hole In the back Of his coa'.-
The ball entered almos, directly
from the back, ranging slightly
downward. The deceased had
told the witness the rcumstanN
ces Of the homicide and had ex-
pressed an abandonment Of his re.
, very. The point was raised and
: con este as to the admissibIlity
Of this testimony. The court ru-
led that unle.s ne deceased made
the statement that he feared I'm.
mediate disso o'ution JUS before be
related the circumstances of tn,
I, killing the testimony wou'd be
ruled out and the doctors state
r ment along this line was eXclu1'
ed.
DR.. Fare told News repo te
l. Yesterday that Nichols sal nefor,
= he died that he was running ava,
e in The woods 'olowed closely b
T Constable Howie and just as h
hesita' ed moment to make b.
wav through a cane brake he wa
q shot bv the cons'ab'e n the bach
II He hsd made no threats agains
!" the constable and did not hav
d his hands in his pockets Mich
II made this statement af er he ha
- abandoned all hope Of recovery.
% Mr. McHugh. who was plowir,
X In the field over which Nichols ra
for his lie, was the only witne
outside of the party of con.tabie
T. who saw the deces-ed immediate
" after he was shot. He testfie
that the wounded man said whi'
lying on the ground tha, he di
It not know why the constable sho
d him.
q Magistrate Baker, after som
. discussion as to the sdmI.ibilit
. of the testimony, was allowed t
" saw that he had warned the con
= stables on the day # the kiln
n that Nichols was bad nigger
y and that he had resisted ARE,
=. the came day.
. CP Potts. j B Odam, w H Cvle
9 man and w II johnson testi6e
is that the deceased had ,eputa
Q tion for turbulence and violenc,
, but on cross examination wer
. able to specify but two cases of VI
, olence and fights.
8 The defendant. Howie, was the
l. put upon the stand. He is ma
d tive of Monroe. N c., and abou
= four years ago engaged IN the liy
cry stable business in Lancaste
l. He took q constabular po.itio
o there on the 26rh of Nov EN- be-
d 1894. Thence he went to Roc
a Hill, afterward to Greenwood
10 Whence he came to Greenyill
about elk months before the XII
: ing. Magistrate Baker tod hi
Nichos was dangerous charac
ter. When he met the WACO
Cravfrd stopped 10 front end h
aud another constable rode pa,
few steps. Nichols Jumped OF
y Of the wagon and ran across tn
field t" the right end several shot
were fred over his head to sto
- him. At the command Of Craw
: ford, who had charge Of the 70 c,
y witness mounted horse and star
q ted in pursuit. From the top {
The hill the negro turned into tb