Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1907-09-04
ED. ASHBY GIVEN TEN YEARS.
Found Guilty Of Murder in the Second De.
gree and Given Light Sentence,

] ouNu OoiIty VI Wutu6I III uhV oVvvuu W
gree and Given a Light Sentence.
The trial of Ed. Ashdy for tn
murder of Daniel Overcast, hi
brother-in.]aw, began in the Su
perior Court last Thursday morn
ing by drawing a jury from
special veni1e of rs men. Thi
took up some time, but resultet
in the selection of a more thai
average jury in intelligence ant
ability. Those chosen are as fol
lows: O. L.. Heilig, F, M. Thomp
son. Julius A. Peeler, John H
Tippett, J. A. Misenheimer, J
A. Terrence, A. B, Watson, 7. D
Brown, J, G. Sewers, A. W. Rush
er, J. H. Mingus, T. H, Kirk.
The jury having been selected
the taking of evidence was begun
DR.. B, Rose Dorsett, county cor
oner, being the first witness. HI
described the wound, stated that
it was made by a shot gun, anc
declared Overcash's death was the
direct result of said wound.
Reese Pethel was then placed
upon the stand. He stated that
on Sunday morning, June 10Th.
the day of the killing, he, his
wife and brother, Arch, went to
the home of John Russell, col.
ored, where Ashby was being
shaved. He asked Ashby "what
about this talk about Dan and
my wife?" Ashby said he could
show the tracks where he stood
when he saw Dan. He showed
me where he saw Dan come across
He said that none of his crowd
nor Ashby had guns, and contin-
ued, in substance, my wife de-
MED what Ashby said and asked
that we 60 over to Dams for a
settlement. Ashby said he could
not go, but requested that Over
cash be brought over (And right
here is the time when the killing
was probably arranged, the plot
had probably already been made
and Ashby had his gun there, or
excused himself to get time to go
and get his gum Pethel and his
crowd went to Dams, came back
to Pethel's home, accompanied
by Overcast, where most likely
Overcast, unarmed, as subsequent
witnesses testified, smelt trouble
and refused to go any farther,
but, as Pethel says, requested
that Ashby come to where he was.
Pethel and his wife walked over to
the thicket where they saw Ashby
about 300 yards away with a stick
in his hand, (most likely his gun
Pethel called to Ashby that Dan
waited him to come over there,
whereupcn Ashby asked that they
make Dan come to him, and
starting back Dan was seer COM
ing toward them and as he ap-
preached he told Ashby to take
it back. They were then about
30 yards apart when Ashby picked
up his gun and said "you can say
what you please to me-" Pethel
said he did not see any more, but
heard (the armed) Ed. say Ito
the unarmed) "Stop Dan, stop
Dan. Don't you come on me-"
Pethel did not know where the
gun was when Ashby picked it up.
He stated that he and his wife
we're 60 or rs yards away when
the shooting occurred. He heard
Mrs Ashby ask, ED. what have
you done?" and he said II killed
DAN" Ashby admitted, upon
examination by R. Lee Wright,
Esq, attorney for the State, hav-
ing seen Ernest and Mrs. Over
cash and Lonnle Leazer, shortly
after the shooting going towards
the thicket where the shooting
took place.
Upon CROSS examination Pethel
let out and told all he knew, land
probably more), to the injury of
Overcast. He stated that as Dan
buckled his belt and placed his
gun in the case he declared he
would make Ed. take 1T back, and
in answer to his wlfe's question,
as to the meaning Of such con
duct, he said "nothing but some
of Ed. Ashby's lies" He stated
that Dan loaded his gun as hi
went forward and that Ashby
(who was armed with the gun he
had used with fatal effect upon
his own father, stood trembling
in his boots.
The next witness called was
Ernest Overcast, son of Dan, who
testified that on Thursday priol
to the murder, he and his father
heard Mrs. Ashby, Overcaash's
sister, crying, threw down thei7
hoes and ran to Ashby's house
and upon inquiring the cause o