The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-13

Kirkendall. He pleaded not guilty
and the trial was set Fer 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 a
list Of the men who sat on Irby's
case: E. R. Mullins, J. ". Edge, J. I.
Leonard. ". O. Lanford, B. NJ. An
derson, Andrew Warner, If. H. Reid,
J. NJ. Switzer. V. NJ. Rogers, W. NJ.
Gowan. J. F. Bobo and J. T. Darden.
At this point, 12.l5 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 Demp-
sey, 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. 7. Fowler,
and his wife. Miss Dempsey is a
Young lady Of very charming person
ality. She was dressed in a blue
coat suit and wore large black hat
Of becoming style and creation. She
was shown to the witness stand al
cnce, and in a 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 whis-
per.
The testimony of Miss Dempsey
was in substance about as follows.
She was time-keeper 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 SHE
resided at Saxon. On the morning
Of the 10h 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 a
colored man sprang out Of the bushes
and grabbed her by the throat. He
did not speak a 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 crawled out Of the bushes to
the path leading to S. G. Porter's
store. She saw the mail carrier and
gave the alarm. The mail carrier ran
to Mr.. Porter's store and others came
to her assistance.
Capt. MCGOWAN said: ~ have but
one question to ask, is this the NAH
(pointing to Irby) that grabbed YOU
by the throat and dragged you to the
bushes?';
and Miss Dempsey answered: eyes"
S. G.. Porter and MI. Robinson, the
two first men on the scene after Miss
Dempsey gave the alarm, were the
next witnesses. Their testimony was
to the effect that after looking about
the bushes some time. where Miss
Dempsey had crawled from, they
came across Irby. Mr.. Porter said
that he found Irby hattoning up his
clothes. After carrying Irby up to
the Dempsey home and having him
identified by Miss Dempsey, he went
back to the wood ard found in the
bushes her hat and veil, her shoes and
comb out Of her hair. They both
said that when they saw Miss Demp-
sey she was bleeding profusely about
the face and neck.
Dr.. Black, who was one Of the ply
sisians called to wait on Miss Demp-
sey just after the assault, next took
the stand. He said that he founa
on his arrival that Miss Dempsey's
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 ravished. There was no
sign Of injury upon her person other
than those about her head, face and
neck. She had been choked weelnigh
to death. DR.. Jeffries, who also ex-
amined Miss Dempsey, corroborated
all that DR.. Black said.
Irby on the Stand.
At 1855 John Irby was placed Oh
the stand. He said that on the morn
ing Of the 10th of October he was 60
ing to Saxon to get his pay for the
| u-o,.l- bo Lo1 1o1o IN hujl6inu honcas