The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-06-30
MISTRIAL DAVENPORT CASE
The Jury Ten to Two For Aequ:ttal
Remain In Room to II O'clock
At Night.

After having had the case for about
seven hours, the jury in the case of
the state VS.. Thos. J. Davenport,
charged with assault and battery with
intent to kill, announced that there
was no prospect or possibility of an
agreement, and mistrial was ordered.
1t was learned unofficially that the
jury stood ten for acquittal and two
for conviction OF assault and battery.
The case was called on Tuesday
afternoon, the jury empanelled, and
the only eyewitness, Mr.. Tkos. R.
Workman, examined. On Wednes-
day morning Drs. Jas. K. Glider and
O. B. Mayer gave the:r testimony as
to Mr.. Smiths condition after he was
wounded and now, and the arguments
OF counsel were made. Judge Klugh
charged the jury Immediately after
the dinner recess on Wednesday and
the case was given into their hands
at about 4:3o o'clock Shortly after
II o'clock the announcement came
that there was no possibility of an
agreement. and a nistrial was order
ed.
Counsel and Jury.
Jo:nstone and Cromer and Schum
pert and Holloway appeared as eoun-
sci for the state TO assist the solicitor
and Hon. Cole L. Blease appeared
for the defense.
Mr.. Johnstone conducted the exam
ination for the state as Solicitor
Cooper was unwell
The state had two objections and
the defense five in the selection of the
jury. Mr.. L. c. Pitts was stood aside
after snexeminstion on his voir dire.
So was T. H. Chalmers, because: OF
relationship and Jas. F. Epting be-
cause he was not registered voter.
Fire state objected to H. w. Dorni-
rsck. The defense objected to T. S.
Hudson, n. .. Derrick, Enos
SozEts and Aagustus 4. Fellers. The
following, ssas tie Jury charged with
the .1ial of the case: Geo. T. Reid,
Fesseaza; Fra iaser, B. H. Viii
SON. J.B, Derr;cklJ. c. Leitzey, Geo.
P. HM, J. H. Donrai1iek, P. T. Liyings-
ton, J. c.. Salter,F. E. Scott, and Ben
G. Abrams, R. P. Huffman.
Testimony Of T. r. Workman.
The testimony of Mr.. Thos. R.
Workman, the only eyewitness. was
practically the same as that given by
him at the preliminary hearing before
Magistrate Cannon G. Blease.' It was
more extended, OF course, and includ-
ed rigid cross-examination by Mr..
Blease. The testimony at the pre-
iin1inary examination was published
in full in The Herald and News, and
it is useless to give here the full tes-
timony of Mr.. Workman in the court
house on Tuesday afternoon. His &C
count of the shooting, after telling OF
the dispute about the road question,
and that he and Mr.. Smith had ridden
over on the day of the difficulty to
investigate the matter, was as follows:
Direct examination by Mr.. John
stone:
Q. Did you call Mr.. Smiths at
tention to it?
a. Yes, sir: said see Mr.. Dav-
export now. and | would like to see
him while | am over here to save me
that much ride over TO his house; that
promised him | would come over
here and give him my ideas about
the old road.
Q. What then did you do?
A. Clarke says | didn't know that.
So we rode off down to the big road.
Q. You and Mr.. Smith?
a. Yes, sir.
Q. To the big road:
a. Yes, sir.
0. Where the old road joined into
the big road?
a. Where the last road entered.
Q. You rode off in that direction