Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-01-22
NEWBOLD ACQUITTED.
Jury Says the Constable Is Not Guilty OF
Murder.

morning and concluded Wednesday
night at about 1890 o'clock, with
verdict of not guilty.
The defense was represented by W.
Smith Thomasson, Colonel VIM. Mum
70, ex-Solcitor Shumpert and Others,
and the state by Solicitor Sease, assist.
ed by Mr.. G. F. Simms and j. A.
Mooney.
The state had previously offered to
withdraw the case against HOWE,
charged with being an accessory to
Newbold but this offer the defense
declined to accept, stating that HOWE
would prefer a verdict from the jury.
His honor ruled that the jury could
give a special verdict without going to
trial. In selecting the jury, the right
of ten objections was exercised in be.
half of HOWE and two in behalf Of
Newbold. Three jurors were excused
by the court after having been put on
their voir dire.
The trial was very tame one. MIR.
J. A. Mooney, who was retained by
the Turner family for the prosecution,
is we'll known as one Of the most ag
gressive lawyers in the state, and ii
was expected that he would make the
sparks fly. But he took no part in the
examination of witnesses or in the ar
gument of points of law. This fact
excited considerable comment, and the
only explanation is to be found in the
probable fact that Solicitor Sease exer-
ciscd his legal right to manage the
case in accordance with his own no.
tions and would listen to no advice.
The testimony for the prosecution
is synopsized by the Spartanburg Her.
aid as follows:
"The first witness for the state was
Dr.. Geo. r. Dean, who being duly
sworn, stated that he had been prac-
ticing medicine in this county 80 years.
The deceased had been brought to him
in the night; made superficial exami-
nation and pronounced man dead also
made thorough examination at coro-
ner's inquest at Turner's house. The
ball passed through the left. side of the
neck, passed through the spinal COL
umn and lodged near the skin at the
right side of the neck. This happened
November 10, 1897. There was no
cross. examination.
"W. G. Bruce, states witness, sworn,
said He lived at ]. H. Turner's !;
lived there at the time Turner was
killed. Had started to the depot with
deceased early that morning. In sight
of Stephens Grove church saw light {;
saw two men coming out of church.
Looked back a little way and saw
some one running behind. Man jump
ed in road 290 yards from the church
and shouted "Hold up!" Fired two
shots, searched the buggy. Called up
another man. Turner struggled. Upon
being asked by Newbold what was the
matter with old man, if he was drunk,
he replied: You've shot him. New
bold struck match and said, Better
90 for DOCTOR Other man came up !;
went to DR.. Deans. Newbold was 30
feet away"
The defense opened by introducing
witnesses to prove the good character
of Newbold. The principal witnesses
introduced were Attorney General
Barber and Solicitor J. K. Henry.
Both gave the defendant a spotless
character. D. E. Finley, Esq, had
also been arrested and summoned to
Sparlanburg to testify on the same
subject. He had had no previous init
nation as to what was wanted with
him, and after an interview with the
counsel for the defense, it was decided
that his testimony would not be avail
able. At any rate he was not sworn.
Several other witnesses were put on
the stand and then, according to The
Herald
"W. H. Newbold, the principal de-
fendant, was then put on the stand.
His testimony was very long; but only
small portion bearing Oh the killing
was given. Was at the church with
Howie. Heard buggy pass, sent HOWE
out to stop it; saw that HOWE couldn't
catch it and started after it himself.
Ran down a road parallel to the main
road about 500 yards until heard the
buggy just abreast of him. Ran into
the main road and in front of the
buggy and cried at the top of his
voice Hold on there. Stop that bug
gv. am a state officer and want to
search it for whisky The buggy
came on straight at him. He cried,
Whoa, whoa but the buggy was not
stopped. He pulled out his right hand
pistol first and fired over the mules
head to stop him. ,
"The mule stopped and backed
back. He had drawn his second pis-
tol and noticed that the roar was a
prolonged one from the shot fired. lie
did not know that he had fired the
second shot until all hour later. He,
Immediately after the shot, advanced
to the buggy, telling them to hold on
and not shoot him, as he was not try
ing to harm them. The mule was
jumping about. At last the mule stop.
ped and he went up and searched the
buggy. He found nothing. He con-
linued to talk to the men in friendly
manner.