The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1906-09-13
FOUND GUILTY
oFMURDER BUT REOO MMENDED
TO MEkCYo
J. II. Wsy Convicted f,r Killing J
D Palmer IN tho Formers
store Last July.


Tne case sgains5 Mr.. Jefferson NJ.
K'sy vas taken up on Friday and con.
ud,d late Saturday evening. The
.ry, afIer celebrating for some time,
returned q vord!cS of murder against
the defend iar,t, but recommended him
to IL g mercy @: the court II will be
smembeled thai l2si July Mr.. John
ID. Palmer wss bLot doRn by Mr.. Way
.u the store o th' la5tsr. Ms. WaV
,Yas in tt;a - re d. J;le time. a ne
= o also GAINED t. be IN the store
. nen ula shuc ,,g to k place. Both
o THIN br., tien n the case. Oie fol
: 1 thc 9th 8: gsini the defendant.
Mr. Wa, cs,.:.,-d Iilst the shooting
rs ir Sci. ,,ef,nca, cs Palmer hsd
come 10 she store a1l attacked him
Hs cisiIn.t. t:aaA F-.ner el5ered the
store and opened fire upon him and
that he was compelled to kill hiin to
save his own life.
The trouh'a grew out Of Ways OBJ
jectlous to P .lncr, vino was about
thirty years OF age, paying attention
20 his daughter. He forbade Palmer
visiting bis house, aud lie said to have
Intercepted letters from Palmer to bis
daughter. It was known that there
was bitter feeling between the two.
On the day of the shooting it was
said that Palmer went to the store
.rd had a talk with Way. Later
Palmer returned to the store and 1T
vas said that he opened fire on Way.
The latter ran behind the counter and
grabbed his pistol, opened fro and
killed Palmer. It was also said that
Mrs. Way, who was In the store, was
the only eye witness, and the position
II Palmer, as found by the first to
reach the scene, seemed to bear out
The statement that Way shot In self.
defense, 30 thst the testimony offered
1T the trial and the verdict came as q
surprise to the public generally.
The star witness Of the State was q
oolored man bY the name of Tom Shu-
Ter, who claims that he was In the
store when the shooting took place.
Shuler did not want to testify In the
case is it was q row between white
men, and he did not want to get mix
I'd up In 1t. 4 bench warrant had to
oe issued for Shuler before he would
| come and testify. On the stand Shu-
Ter said he was in store at time OF
,hootlng. That Mr.. Way fred tirst.
That is, Mr.. Way fred twice and be
left store as fast ss he could. Didn't
know whether Palmer shot after wards
or not, but Way fired two shots before
ne left. Has never been back and did
cot want to testify. Shuler told sub
stantially the above story to Soma
gentlemen in this city shortly after
the killing.
The State also put up DR.. A. s.
Hydrlck, Col. D. o Herbert Msssrs
Henry Boliver, E. M, Hughes, John
3. Westbery, Henry VonOshen, Jr',
and o. P. Hutto, all white citizsns,
but Zone OF them saw the shooting,
and only testified to facts as they saw
them after the shooting was over
81. B. Thomas, colored; who Is a clerk
in the poytcffl %, also testified IN the
case for the State, IS did Harriet
Wallace, q highly respectable colorec
woman. T..
For the defence, Mack Foures, who
work. at Riles's repair shop, and who
was D. friend of Palmer's, said Palmer
was 1T the shop just prior to the shoot
ing. showed him his pistol, said ne
vas going to WaJ's store, throw 1t
under Ways nose, and make him re-
tract what hehad said about him
Palmsr.) Said Pslner was drunk
and he advised hi n to 60 homo.
Mrs. Maggie Way, wife Of j. NJ
Way, testified that she was In store,
that Palmer came in, cursed MIR. Way
and fired twice before MIR. Way re.
turned the fire. Said her husband
fired In self. defense. On cross ezami-
nation, she ssid THAT when Palmer
cursed Way, he (PsImer) had his pis
tol in his hand, that WAY tnsn grab
bod his pistol, had it in his hand, but
did not shoot unuil Palmer shot tHica.
In the opinion Of many, tnis omission
on the part Of Mrs Way, on Cross eX-
animation, had its eff ct on the jury,
for they returned to the court room
after going out, and had Mrs. Ways
testimony read them by The stenos.
rapher.
The arguments for the defense were
excellent, Wolfe & Berry haudling tne
casa with great skill, but Solicitor
Aildebrand's argument Was one OF Jhe
finest ever heard in the ccuru room,
and twice or probably thIfe sin.' I.!e
audience Chasred him, Tor VIC . III,
Judge administered suiDEl1k l.-u A.:
md instructed the bs., II ~ -.io,.
the dis60roers. The j., vas u
oCut two hours, but au 81 IL .o,s i
ike q misUrial, one NIL s.-a!i' h
against IL who we're for q vrinio.'.
murder, but after tho tat: A..;!j =.
Mrs. Waylwss read they sp.t1I.y b l
together.
This is the secona ti:oc wy s:as
been found glilaJ ut mn '"l, :la hA'
ing been Convicted in 1892 =. kl.li-.-
Elliott W. w H:ooJLe . n yi".j -
Christmas of 1891. He "ea .m,o- OH
tenced to be LAnge1, buu secu.eo &
new trial Oh Lhe fouAu VI afvsl'd
covered eVlueutc au0 DIV uls o-Cu-t