The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-10-31

second Monday in February. This
motion has not as yet been formally
made, and has therefore not been
passed upon by Judge Hydrick. 1t is
not likely that the motion, if made,
will be granted, as both defendants
have had ample time to prepare for
trial.
From The Daily Item, Oct. q.
At o'clock, as predicted yester-
terday afternoon, L. D. Jennings, Esq,
made a motion for continuance on
the ground that he had used due
diligence to procure the attendance
Of witnesses, that the effort had been
futile and that the solicitor refused to
admit testimony as to what the wit
nesses would testify if they We're
present. The motion was overruled
on the ground that there was no as
surance that the attendance Of the
witnesses could be procured, and the
trial was ordered entered into. Coun-
Gil for the defendant however, was in
structed to continue to use diligence
to get the witnesses within the juris-
diction Of the Court.
The clerk then proceeded to en-
PANEL a jury, all members being first
sworn on their voir dire.
The jury consists of the following
gentlemSn:
E. Kenney, W. L. Brunson, w.
R. Bracey, Dave Locklair, John T.
Green, Jr., II. Lee Scarborough, S. A.
Harvin, ]. F. Hodge, J. A. Minis, J.
S. Richardson, w A McIlwaine, and
R. z. Newman.
MIR. H. Lee Scarborough was ap-
pointed foreman.
Witnesses for both the State and
the defendants were ordered out Of
the court room during the taking Of
testimony.
The jury having been empanelled
yesterday afternoon, the first work Of
the court this morning was the TAX
ing Of testimony in the case Of the
State We. Campfire Bill, alias Henry
Small, alias Jack McCoom and
George spivins, charged with the
murder OF Mr.. J. E. Gaillard.
Doctors Earnest Carson, S. C. Bak-
er, Walter Cheyne and H. N. Stuckey
were examined in the order named
and gave clear and precise accounts
OF the nature of the wounds sus-
tanned by the deceased, and Of their
deadly effect. The ball, according to
all the doctors, entered the left alb
dominal region near the groin and
ranged slightly upward and finally
EMBEDDED itself in the soft portion Of
the right hip bone, almost completely
penetrating the bone and being found
directly under the skin. There were
fourteen perforations Of the bowels
Death ensued directly from shock
caused by a great loss Of blood: The
bullet was identified and introduced
IL evidence.
Mr.. F. P. Burgess was at the Cen
tral Hotel at Manning when he heard
that Mr. Gaillard was wounded. He
found hin1 lying On the left side Of
the piazza Mr.. Gaillard said that he
was shot III the stomach and knew
that he would die God knows what
l was shot for he said. Mr.. Burgess
saw no weapon upon Mr. Gaillard.
Mr. Charles Fazelden made an ex-
cellent witness for the State. When
asked if he knew who shot Mr.. Gail
lard, he pointed to Campfire Bill"
and positively identified him The de-
fendapt rode to the depot in his bug
gy with N.iiie Levan, colored, who
had his buggie in charge They talk
ed together Cor a few minutes, and
remembered we'll his peculiar fea-
lures. Gaillard went over toward the
train to watch the work of loading
and called the witness and Burkett
to him. Gaillard was on his horse
The defendant Campfire Bill sud-
denly came down from the platform
of one of the coaches, and asked,
who's that wants to see me-" and
with the words drew his pistol and
fred five times. We were within six
feet of the car. Two shots were fired
at Gaillard. one at me and two at
Burkett, all were wounded. On cross
examination the witness stated that
there was plenty of light about the