The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-06-15
eILLIs CASE CONTINUED.
Lawyers for she Defense Succeed,
After a Hard Fight, in Securing
a Postponement. 3
Special to The State.

morning with Judge Watts presiding.
Half of Monday was taken up WITH
tha trial of one Thos. Hunter for ma
licious mischief, which resulted in
verdict of not guilty. Hunter had
gone to see a neighbor about going
ont shooting one afternoon, and
while standing in the field the neigh
boris dog attacked Hunter and the lat
ter shot him. Two years later the
neighbor had q warrant issued aud
hence the trial.
Hammie Nelson was indicted for
murder. A mere child who probably
did not realize what he was about.
He pleaded guilty to manslaughter
and was sentenced to two years In
the State refermatory. The rest Of
the day was devoted to the trial OF one
Randall Horton for disposing Of property
nnder lien. He was found guilty and
sentenced to six months on the chain
gang.
: On Tuesday John Z. Morrison was
tired for murder and acquitted, as was
also J.. E. Holland on trial for adul-
terry.
The trial which is attracting most
attention during this term began to-
day, viz. State rs. J. E. ellis for
the murder of McRae Whitaker. Gill
lis is yuong farmer who lives in the
southern part of the county in the
Boykin neighborhood. The man he
killed was also a young farmer having
charge of the plantation of his wife's
mother at the time Of the killing.
The plantations adjoin, and the
trouble arose from some fire which
Whitaker alleged Gillis had set out.
The shooting occurred at Boykin de-
pot, on the Southern railway early IN
the afternoon and young Whitaker
died at the feet of few friends before
medical aid could reacL him. Gillis
is being defended by Mr.. George
Johnston of Newberry, Judge E. D.
Blakeney of Kershaw, Mr.. W. M.
Trantham of Camden. aud Mr. Jen-
nings of Sumter, who are making
desperate fight for their clients life.
Solicitor Thurman is being most ably
assisted by Hon. NJ. Z. Smith in the
prosecution.
Some interesting preliminary ques-
tions consumed the time Of the court
today. s@@a
; When the case vas called the de-
fendant's counsel announced that they
would make application for change
of venue. The defendant having been
arraigned. notice. which the statute
says shall be ten days, was served on
the solicitor that the defendant would
move before Judge Purdy at the next
trem OF court for this county for a
change of venue. The defendants at
torneys took the position that they
could not serve the notice until after
the arraignment of the prisoner and
that inasmuch as this term Of court
only lasted one week the lapse of the
ten days would find Judge Watts with
out jurisdiction and hence it must be
heard before the next judge. This
position was maintained, but the
prosecution argued to the court that
the State had every right to waive
the ten days and push for trial.
Judge Watts SO decided and the mo-
tion will be heard tomorrow morning
at 9. 80 O'Clock.
Camden, Jnne 9.--When court con-
vened this morning coansel for the de-
fendant, ). E. Gillis. made a state
msnt to the effect that defendants
counsel. not having had sufficient
time in which to procure additional
aHdagits to support their motion for
a change of venue, would not argue 1t
further.
!. Judge Watts then instructed the
Solicitor to proceed with the hearing
of the cause as no affidavits bad been
offered in the matter of change Of
venue and the motion was dismissed.
Defendants counsel informed the
court that they had served the notice
of appeal on the solicitor, and pend
ing the decision Of these preliminary
matters by the supreme court they
thought that the trial of the accused
should be suspended. Again the de-
fense was oyerruled and again they
made last effort to have the case go
over.
In this last point the defense was
clearly within the law and Judge Watts
could only sustain the motion for
quashing of the Indictment. 1t seems
that Mr.. j. L. lrby, who was drawn
as grand juror at the last term of
court, was not present at that time on
account Of sickness, and when he pre-
sented himself at this term his eligi-
bility was unquestioned and be pro-
ceeded to participate in the delibera-
tions of that body and among other
things assisted in the finding of true
bill in the case against Gillis for
murder. Yesterday after the grand
jury had been dismissed it developed
that Mr.. 1rby had never been sworn
as juror on account of his absence
during the last term.
It was on This ground that the mo-
tion to quash the Indictment was sus-
tanned and the case thrown out. The
court Louse was packed with people
during the arguments.
The case will come up again in Oc-
tober.