The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1898-01-25
ON TRIAL FOR HIS LIFE.
constable Ncwbold Brought to Trial
For the Murder of Turner.

40 siding, and there was full array {
~ counsel on 10th sides The followin
summary is taken from the Sparta,
IS burg Herald
=, The first material development in th
~ case was the offer Of the State to nc
e pros the case against S. II. Howl,
charged with being accessory to tn
attorney, stated that his client pre-
ferred a verdict from the jury. Hi
Honor ruled that Howie could have
special verdict from the jury instead o
going to trial.
The next matter was the empanelins
OF u jury. Neither the State nor The
defense desired to take the voire dire
OF the jurors. After consuming abou
an hour the following jury was select
ed to sit on the case: ID. N. Gwynn
w. III. Barnett, l.. G.. Woiford n. b
Neighbors, II. M. Glenn, c. A. Chatlin,
r. f, Burton, p. A. Harmon, j. Nj.
Easier, A. ID. Norman, j. B. Trail and
). ii. Oliver, foreman.
In selecting the panel, the State OBJ
Jected to five. On the part of the de-
tense HOwie exercised his right to ten
objections and Newbold to two. Three
OF the jurors, being placed on their
vorie dire by the defense, were ruled
out by his honor, either for opinion ex-
| q,
All during the trial, and when from
time to time intricate questions upon
| the law OF evidence were raised, it WAS
noticed that none of the gentlemen as
| soclated with the solicitor took apy
part In the discussion. This fact be-
came the subject of comment by MANY
| present, when it was seen that the
Judge ruled almost invariably upon
these with the defense. To one at all
familiar with court proceedings it was
apparent that the prosecution was un-
der hack. This conduct being SO diff
ferent from MIR. Moneys usual ag-
gressive manner it naturally led to in.
quiry
1t was then discovered that Mr..
Sease had refused all advice upon the
subject from his associates. 1t is of
course his right as solicitor to say who
shall and shall not assist, and no attorney
would presume to take part in aLy argu-
ment unless instructed to do SO by the
solicitor. VIII, n employ ed by the
family of the dead j. Ii. Turner, each of
the assistant counsel had declined to
assist in the prosecution unless the |
solicitor desired it.
After the jury had been selected |
then came the testimony.
The first witness for the State was |
DR.. Geo. II. Dean, who being duly |
sworn, stated that be had been practic- |
ing medicine in this county thirty |
years. The deceased had been brought !
TO him in the night: made superficial |
examination and pronounced man |
dead; also made thorough examination |
at coroner's inquest at Turner's house. |
The ball passed through the left side
OF the neck, passed through the spinal |
column and lodged near the skin at the |
right side OF the neck. This happened |
Nov. 10, 1897. There was no cross-ex
animation,
w. Z. Bruce, States witness, sworn.
said: De lived at j. H. Turner's: lived |
there at the time Turner was killed. |
Had started TO the depot with deceased !
early thai morning. In sight of Ste
phen's Grove church saw light; saw |
two men coming out OF church. Look
ed back little way and saw some one
running behind. Man jumped in road |
29O yards from the church and shouted !
Hold up" Fired two shots and |
searched the buggy. Called up an
other man. Turner struggled. Upon |
being asked by Newbold what was the |
matter with old man, if he vas drunk,
he replied: "Gou'2e shot him." New |
bold struck match and said, Better go |
for doctor" Other man came up: went |
to DR.. Deans Newbold was thirty
feet away,
On cross-eXaminaton Bru.. stated |
he was % years of age and had lived |
three years With the Turner'S.
Rest OF Across examination confirmed
his previous testimony. He denied
that he had stated to any one that he
was driving rapidly; or that he had
said that he would have driven over
Newbold had he been a negro, or that
he had said that he had been stopped
by constabos before.
The defense began by introd lcing
witnesses to testify to Newbold's good
character. The first Of these was
Attorney General w. A. Barber; Solici-
tor j. X. Henry, OF Chester; Sheriff
Long, of Union Solicitor G.. Duncan
Bellenger, Mr.. w. w. Harris and
others.
Parts Of the testimony Of each Of the
above witnesses was objected to by the
State, but in most cases the objections
were Overrulcd by the Judge.
IL. Nj. Floyd testified as to CONVEX
saton Of w. c. Bruce, which he
alleged to have heard on the day Of the
homicide. This conversation was one
which Bruce denied.
S. II. Howie, one Of the defendants,
testified that he was d State constable
That he was with Newbold on the
night OF the killing. That he had seen
the buggy pass the church. He had
run after it, but did not catcb it. He
returned to tho church and as he
reached it heard Newb bold some dis
tance down the road, say Hold on
there. Stop that buggy. am State
officer and want to search it for
whiskey.' Again heard him say,
Whoa, Whoa Then came two
shots in quick succession and then
heard New bold call him. He went to-
wards the buggy and on reaching it he
f. nd Newbold near the buggy. New
bold struck match and found Turner
,, was shot. He started to drive him to
the doctor In Spartan burg, but that he
(Howie) suggested himself as knowing
the city better and could find doctor
more readily.
Several ailidavits were then read as
to the character of Newbold, and his
, commission from Gov. Ellerbe was put
: in evidence.
w. III. Newbod, the principal de-
fendant was then put on the stand.
y His testimony was very long, but only
= q small portion bearing on the killing
was given. Was at the church with
Howie. Heard buggy pass, cent
0 Howie out to stop it, saw that Howie
j, couldn't catch 1t and started after ii
g himself. Ran down q road parallel tc
y the main road about 500 yards until he
n baord Tho h,,rUv ipct oh ~ n IN,