The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-04-14
FRIDAYS SESSION.

The crowd which heard the case on
Friday was not as large as OH the day pre-
vlouS, but every seat in the court room
was taken during the morning hour, and
the evidence and the able arguments Of
counsel were heard with close attention.
The prisoner during the entire day sat in
the dock apparently calm and unmoved.
This manner he maintained to tie end,
even while sentence was being passed
upon him.
The special court, after a recess from
the evening previous, reconvened prompt
ly at 9 80 o'clock Friday morning, and
its testimony. The first witness for the
defense was
OSCAR COUNTS
little boy of 9 years Of age, the son of
George and Ella i Counts sworn, who tes.
tilted. Know Miss Emma Bowers She is
my aunt. Do you recollect day she was
helping your mother to quilt? Yes, sir.
Brother Elbert and myself went piece of
way home with her. Mother told us to
go. Where was your father? Was he at
home? Father was at saw mill. Have seen
father this noning. Saw him at lin
Shealy's. Stayed all night with him. Saw
him this morning. He met us out on the
street. Did you tell lie yesterday after
noon that your father sent you home
with your aunt? Objected to by solicitor
and objection sustained What did your
father say to you this morning. Objected
this morning about being at the uiill9
No, sir. Did he say any thing to you a
bout il last night? The little boy shook
his head negatively.
MIR. DonllniCk stated that counsel were
taken entirely by surprise because Oscar
had stated entilely different to him and
Mr.. Schumpert yesterday.
DEFENsE CLOSES
The defense then closed its case.
IN REPLY.
Mr.. G.. A Counts was placed on the
stand. Mr.. Domiuick objected 10 his
testimony being entered on the ground
that while his absence the dav before was
excnsab'e, yet on Friday morning lie had
been told by the Solicitor that he would
be needed and still III violation Of the or.
der Of the court passed previously lie had
gone to meet his children and had brought
them into the court room.
Objection was ovcrruled
Counts testified that OIL the 10Th day Of
February he was i'll his field cutting
briars Did not know Miss Emma Bow.
ers was at his house till he went home to
dinner. On the afternoon was at lin
Shealy's saw mill Lett saw mill about
sundown and went straight home Got
home about dusk. Lee Kempson and
Lat Shealy went piece way home with
me Went to saw mill walking to src
about getting some cedar posts. At saw
mill were Frank Shcaly and Clifton
Shealy and negro. When got home
two little boys were at home Did not
see George STROLLER that evening. Did
not see Miss Emma Bowers that day after
LETT home. Saw her at church the next
Sunday Have never seen George
Strother and Miss Emma Bowers to-
getller
Cross by Mr. Schumpert:
The mill was moved there in February
Hauled logs there i'll February, can't give
any day of month or of week How do
you happen to remember then that this
particular day you went to the mil? Be
cause he ped pui up scatfolding. Got
home from cutting briars about II o'clock.
With reference to path leading to DR..
Bowers house was about a mile away.
Saw Miss Bowers at church following
Sunday for first time after Thursday
She was with her mother. Stayed last
night at Jim Shealy's. Met children
coming to court this morning. First
heard Of occurrence on Tuesday before
Strother was arrested. Was at saw mill
What we're you doing there that day?
Did say was there tuesday before he
was arrested? asked Couu;s. cart ex-
actly remember those dates | found out
Tuesday after the crime was committed
1t was Thursday went to saw mill Was
that day you heard it? No, sir. Heard
1t OH Tuesday Uncle Walter Counts told
me And you had talked with Sister III
law on Sunday following the alleged
crime? Yes, sir. And yet you did not
find out anything about this alleged crime
until the Tuesday following, notwith-
standing that you had talked with your
sister-in-law on the Sunday before? No,
sir.
Redirect: Counts denied Strothcrs