The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-13
IRBY'S SENTENCE
THIRTY YEARS
MISS DEMPSEY'S ASSAILANT
GETS LIMIT OF LAW.
Spartanburg Court Room damned
With Spectators Anxious to
Hear Proceedings.
The State.

colored, was convicted in the special
term of court this morning on the
charge Of assault with intent to ra-
wish upon the person of Miss Leila
Dempsey and was sentenced by Judge
Schumpert to 80 years at hard labor
in the State penitentiary. Irby was
carried to Columbia this afternoon by
Deputy Sheriff Becknell, who was es-
corted as far as Laurens by the
Tranyham Guards, returning home
after spending "a hours in Spartan
burg helping the Hampton Guards
keep the peace and protect the negro
Irby from mob violence.
The trial passed off quietly and
there was no sign Of trouble at any
time during the day. Irby was ar
raigned at 11.45 and at l.l2 p. III.
Judge Schumpert passed sentence on
him.
Long before the appointed time of
the opening of court large crowd
gathered about the court house and
the court yard. The corridors and
Railways on the first and second
floors of the court house were pack
ed with men eager to see Irby and
hear the trial. Shortly before 10
o'clock a guard composed Of five
soldiers marched into the hallway Oh
the second floor and began forcing
the crowd down stairs. Only thu
iurymen and court officials were al
lowed in the court room. The squad
of soldiers stood at the foot Of the
stairs with crossed bayonets and no
one was allowed to pass.
Organizing the Court.
While the crowd remained down
stairs watching the gates Of the Jail
ward for first glimpse of the negro,
Judge Schumpert and Solicitor Sease
were in the court room upstairs Or
ganizing the court. The grand jury
was got together and Judge Schum.
pert gave them a short talk as t.
their duties. The petit jurors were
got together and all the machinery OF
the court put in good running order.
All this took up considerable time.
Meanwhile the crowd down stairs b.
gan to get restless and on every side
one could hear men talking of the
reonle being robbed of their rights
by being kept out of the court room,
q thing never heard of before.
From sullenness and restlessness
the crowd changed to good humol
and had quite lot Of fun jeerlng at
the soldiers and making all manner
of comment in a jacose way of the
boys in uniform. At 1870 the doors
of the conrt room were opened and
there was a mighty rush for the stair
way leading up stairs. The soldiers
stood with crossed hayonetS and tried
to keep the crowd passing mp The
steps single file. But it was no use.
Hundreds of strong, eager and deter
mined men, pushing with might and
main. were too much for five young
men in uniform. The steps were
iammed. and men were mashed up il.
the press till they called out fol
mercy, laughing in frenzied delight.
'Scuffling to keep their feet. and
pushing the men ahead. the crowd
went up the steps.
Court Room Filled
When the court room was filled t.
its capacity, Sheriff Nichols ordered
the soldiers at the door to let no more
pass in. All who could not find
seats on the inside were asked to
move out. Seats we:'c at a premium
and it was surprising to see no"
small surface big-bodied men could
find a resting place There were more
people left on the outside Of the court
room than there were on the inside.
Il was a most curious crowd. Every
BODY wanted the trial to begin.
When the crowd rushed into the
court room the grand jury was ont
with the indictment Of Irby for as
sault with intetnt to ravish and the
Indictment Of murder against Elmore
Wright the young man who is charg-
ed with having shot and killed A. T..
Kirkendall at Moores some weeks