The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-13
Kirkendall. He pleaded not guilty
and the trial was set for Friday.

and the trial was set for Friday.
Capt. MCGOWAN stood by Irby's
side and helped him in the matter OF
passing upon the jurymen whose
names were drawn. Following is IL
list of the men who sat on Irby's
case Il. r. Mullins, j. w. Edge, j. r.
Leonard, w. 0. Lanford, B. NJ. An
derson, Andrew Warner, II. II. Reid,
j. NJ. Switzer, V. M. Rogers, w. Nj.
Gowan. j. +. Bobo and J. n. Darden.
At this point, 1915 p. m., the
grand jury returned with true bills
for the indictments they had been
handed just before Irby was brought
in.
MissDempsey Enters Court.
AT 1916 o'clock Miss Leila Dcmp-
scy, the young lady who was assault
ed by the negro John Irby, on the
morning Of October 10, was ushered
into the court room. She was ac-
companied by members of the family
and by her pastor, Rev. j. Y. Fowler,
and his wife. Miss Dempsey is ii
young lady Of very charming person.
ality She WAS dressed in blu.
coat suit and wore large black hat
Of becoming style and creation. She
was shown to the witness stand al
cncc, and in few moments was en-
gagged in telling the story Of the
morning of the 10th Of October. She
was so injured in her throat that SHE
could scarcely speak above IL whis,
per.
Ihe testimony Of Miss Dempsey
was IN substance about as follows
She was time-kecper at Saxon mills.
In the summer time she went to ana
from the mills daily to her home on
Farley avenue. In the winter time sh.
resided at Saxon. On the morning
Of the 10th Of October she had left
Saxon at about 10 o'clock. As SHE
was walking through the wood Just
this side Of Mr.. Patterson house d,
colorcd man Sprang out of the bushes
and grabbed her by the throat. He
did not speak word, but dragged
| her off in the wood. She was chok-
ed to unconsciousness. Does not
know what happened while she was
unconscious. When she came to her.
self she crawlcd out Of the bushes to
the path leading to S. G. Porter s
store. She saw the mail carrier ana
gave the alarm. The mail carrier ran
to Mr.. Pnrtcr's store and others came
10 her assistance
Capt. McGnwan said: 81 have but
one question to ask. is this the man
| (ponting to Irby) that grabbed you
by the throat and dragged You to the
bushes -
and Miss Dempsey answered: eyes. -
:. q. Porter and Mr.. Robinson, the
two first men OH the scene after Miss
Dempsey gave the alarm. were the
next witnesses. Their testimony wa,
to the effect that after looking about
the bushes some time. where Miss
Dempsey had crawled from, the,
came across Irby. Mr. Porter said
that he found Irby buttoning up his
clothes. After carrying Irby up to
the Dempsey home and having him
identified by Miss Dempsey. he went
back to the wood and found in the
bushes her hat and veil. her shoes and
comb out of her hair. They both
said that when they saw Miss Dcmp-
Scr she was bleedin" prnfuscly about
! the face and neck.
! DR.. Black. who was one Of the phy-
sisians called 10 wait ON Miss Dcmp-
scy ust after the assault, next took
the stand. He said that he founu
on his arrival that Miss Dempsey 5
neck and throat were badly lacerat-
ed and torn. Her face was bruised
and swollen, her eyes were bloodshol
and she WAS splitting blood. She had
not been ravishcd. There was no
sign of injury upon her person other
than those about her head, face and
neck She had been rhnkcd weclnigh
to death. DR.. JcftricS. who also cx.
aminrd Miss Dempsey, corroboratcd
all that DR.. Black said.
Irby on the Stand.
AT 12.33 John Trby was placed OF,
the stand. lie said that on the morn.
ing Of the 10th of October he was go.
ing to Saxon to get his pay for the
work he had done in building houses.
While in the bushes Mr. Porter came
in and looked about him and then.
went ont to the road and looked ",
and down. Directly he came back to