Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-07-18

In height was not sufficient to account
for the downward course Of the bullets.
The downward course could have been
accounted for by a STOPPING position
on the part Of the deceased. Had the
man been shot from horseback the bull
let would have taken the same direc-
ton. Does not think there were any
powder marks on the clothing or body
Of the deceased. Deceased wore a
white cotton shirt at the time.
The next witness was Mr.. B. ]. Cur
renee. Saw the shooting. Of Dellinger
by Harper. He had made a diagram OF
the location Of the shooting and pro-
duced the same to be offered In evil
dence. When witness first saw de-
fendant and deceased they were In de-
fendant's field, going from defendants
plow in the direction of Harper's house.
The house was 354 yards from the
plow: Mr.. Harper was riding his mule
and Dellinger was following along at
a walk about 100 yards behind. When
witness next saw the two men Harper
w
was riding up on his mule. Dellinger
advanced toward Harper. Witness was
174 Yards away. He heard Harper tell
Dellinger to get out Of the field or ne
would be hauled out. At the same time
Harper drew a pistol which witness had
not seen before. Dellinger spread out
his hands, palms open and said to Har-
per shoot" Shortly after that Har-
per got down off his mule In some way
and within few moments the two
men were at. holts. Dellinger advanc-
ed toward Harper and Harper walk
ing backward, fell. Dellinger fell over
him or by the side of him. They broke
loose and when they arose Harper COM
menced shooting. Dellinger pushing
Harper back with his open hand. He
saw Mrs. Harper coming from the
house while the struggle was In prog
ress; but he could not say whether she
said anything or not for. the reason
that he was so far away. Dellinger did
not throw stones at Harper when Har-.
per was going toward the house after
his pistol. Dellinger was going toward
his mule when Harper returned :from
the house. Harper did not fire twice.
in succession. "A struggle INTERVIEWED
between each two shots. Did net see
Mr.. Dellinger strike or make any kind
of a threatening move until after Har-
per had exhibited his pistol.
Mr.. 8. 8. Glenn was sworn as the
next witness. He saw a part OF the
difficulty. Mr.. Harper was at the time
returning to his field from his house.
Mr.. Dellinger was about fifty yards In
front. Mr.. Dellinger went to Harpers
plow stock and. stopped. Mr.. Harper
went to the same spot and stopped.
Harper drew a pistol and told Dellin-
ger to get out Of the field, repeating
that order several times. Dellinger ad-
vanced toward Harper with his empty
hands upraised. A struggle COM
menced and afterward Harper got
loose and stepped back and fired. Del
linger appeared to be trying to hold
Harper to keep him from shooting.
Saw no rock or other weapon In the
hands Of 'Dellinger. Dellinger followed
Harper about fifty yards after the
shooting was over.
Mr.. w. P. Boyd sworn, said that he
was a brother-in-law Of the deceased
and of the defendant saw Mr.'Dei-
linger during the afternoon OF the
shooting, lying in the woods. He was
lying with his elbow on the ground and
his head resting on his hand. Deceas-
ed had in his pocket tooth pick, an
S-penny nail andta piece Of tobacco.
He stated that he had been shot all to
pieces and that he was going to die.
Asked that his father be sent for end
also that his wife and children be sent
for. About fifteen minutes afterward
he said that Mr.. Harper had ordered
him out of the field and he wanted to
reason with Harper; because he
thought he was privileged character.
He said that Harper had shot him too
quick and that It was without cause.
Dellinger said that he thought he had
been sent to Harper's field to get him
to 20 to a school meeting, and that ne
was doing all he could to persuade
Harper to go. He threw the gears OFT
Harper's mule and when Harper LETT
for the house Dellinger followed and
threw rocks at him. Inhis dying state
n1ent Dellinger denied that he, was
drunk at the time of the difficulty.
The state rested after presenting the
testimony Of Mr.. Boyd and as the first
witness in reply. the defense put up
the defendant, Mr.. VIM. A. Harper.
Mr.. Harper testified that he was %
years Of age, and had never been In
either the civil or criminal court be-
fore. On Saturday afternoon OF the
killing Dellinger came to his field and
wanted him to go to the school meet
ing. Defendant refused to go for two
reasons. In the first place he was busy
and in the second place he was not In
terested. Dellinger persisted in his In
reference. He rode in front of defend
ants mule and between the mule ana
the plow. Finally he threw the gears
off the mule, and unhitched the animal
from the plow, saying that hes would
take defendant to the school meeting
on his own mule. Deceased continued
his interference until 1t developed into
actual violence, and defendant went to
his house after his pistol. Deceased
followed, throwing rocks and shouting
Damn you, stop!" When defendant
returned to the field, deceased came
toward him again. He begged deceas-
ed to leave the place, telling him that
he was not wanted there. While de-
fendant was getting ready to resume