The county record. [volume] (Kingstree, S.C.) 1885-1975, 1897-06-17
P0PPENHE|N TURNED LOOSE.
Man Who Killed Brown and Mazyck
Given His Liberty.
ONLY NEGROES SAW THE
Crime--Jury Remained Out One Hour
and Returned With Verdict OF Not
Guilty.

F. Br~wn on January 5th, at Pepper
landing, on Foster Creek. Berkeley
county, began at Monck's Corner
on the 10th and was concluded on the
11th.
The prominence of the young men
who were killed, and Poppenheim's
wealth and position in the community,
made the case one of the greatest inter-
est ever tried in Berkeley county. The
little town of Monck's Corner, which
but recently became the county seat,
was crowded with people. and the court
room packed almost to suffocatlon.
The story of the tragedy, as made out
by the witnesses, briefly told, is that on
the 9th of January Il. +. Brown,
Stephen Mazyck, George Douglass and
five other gentlemen went on a deer
hunt on Hickory hill, in the Goose
creek section, owned by Brown. On
the first drive q deer was wounded by
Mazyck. The deer doubled back and
took to the water. Brown and Mazyck
then left the party and determined TO
follow the wounded deer. They secured
boat and went with it in pursuit, TAX
ing their dogs and guns with them.
The others of the party continued the
hunt ON Hickory hill.
The only eye witness was a negro em.
ployee of Poppenheim's, who testified
that he was hauling wood near the river
landing and saw two gentlemen IN the
road riding toward the landing; recog-
nized Mazyek, but did not know the
other. On reaching the landing he saw
both get into boat. Poppenheim rode
up, called Brown to take his horses and
get off his land. Brown said:
"Hold on; I wish to talk to you. Pop
penheim said:
II don't want any talk. I want you
to get off my land. I have told you
several times to keep off my land" He
heard Brown tell Poppenheim to get off
his horse and "we will settle this" He
heard the report of two guns, saw
Brown fall into the water and Mazyck
fall across the seat of the boat face
down. Poppenheim called Cato Reese
to get Brown out of the water.
johnson, the negro deer driver for
Brown, testified that on the way to
hunt they met Poppenheim and he
warned them not to hunt on his lands.
Mazyck and Poppenheim talked to-
gether pleasantly. They jumped deer,
wounded it, and it took to the water
and Mazyck and Brown followed.
w. w. Mellard, who owns the Bee
plantation testified that on Monday be-
fore the killing he went to see Poppen-
helm on business. During the conver-
sation Poppenheim said he would like
to secure the Bee tract of land so that
he could post it. That he wanted to
keep Brown from hunting.
Here the State rested.
The first witness for the defense was
Richard Hasleton. He told of con-
versation between Mazyck and Brown
and himself.
'I told Brown that Poppenheim
would not allow hunting on his place.
Brown said a gentleman would not OBJ
ject to anyone hunting on his place. I
asked him why he and Poppenheim did
not make up their quarrel. He replied
that they would sooner or later.
Cato Reese, negro employee OF
Poppenheim, claimed to have witnessed
the tragedy. He said:
'1 saw Brown pick up his gun. He
"and will settle it now." turned my
back; heard shots and thought Brown
had killed Poppenheim. I turned
around and saw Brown fall in the
water. Poppenheim said to me: "Did
you see Brown pick up his gun?" [ said,
eyes"
The last witness was the defendant.
He said that on several occasions he
and Mazyck had quarrelled about tres
passing on his land; that he had warn.
ed them to keep off his property and
had forbidden Brown to speak to him.
In the meantime had made friends
with Mazyck. On the morning of the
killing he met Mazyck and his deer
driver preparing to hunt and told them
to keep the hunters off his lands. In
the afternoon he was riding through
his woods with gun and dogs and met
one of his hands, who told him MaZyck
and Brown were hunting on his place,
their horses being hitched at the land
ing. He went there and saw the two
men in boat. The witness said he
called to Brown to take his hi-ses and
leave his lands.
Brown started in to paddle in shore,
saying to witness that he wished to talk
to him. Witness said:
81 wish no talk with you; you are
trespasser and scoundrel."
Brown then, said the witness, spoke
to Mazyck and called to him: "We
will settle it now," and attempted
to raise his gun. Mazyck reached for
his.
Realizing that his life was in danger,
defendant said, he fred the fatal shots
which sent Brown and Mazyck into
eternity.
The lawyers made arguments, those
for the defense dwelling on the self.
defense feature and claiming that
Brown was of very turbulent DISPOSE
ton.
Solicitor W. st. Julien Jervey made
a strong presentation of the States
case. The jury remained out but one
hour, finding a verdict of not guilty.
It was believed in advance that the
sentiment of the community from which
the jury was drawn was favorable to
Poppenheim, but the evidence was con-
sidered very much against him.