The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-04-22
THEY WILL HANG.
Two Brutal Murderers Promptly
Convicted Over In Lexington.
TELL OF THEIR CRIME

Whice Was Brutal in the Extreme
The Slayers of Aged Mrs. Ellison
Given Quick Trial and Will Be
Speedily Executed-A Very Large
Crown Witnessed the Trial, but
Everything Passed or Quietly.
Ned and Brack Toland, the two
negro boys who killed Mrs. Frances
Ellison at Cayce, across the river
from Columbia, on Wednesday, Feb
ruary 26, yer convicted at Lexing-
ton, on Tuesday of murder in the
first degree and Judge James w. De-
Wore sentenced them to hand on Fri
day, May 1. The trial consumed only
about eight hours.
Capt. Jos. r. Allen and the Rich
land Volunteers escorted the prison
ers to Lexington Tuesday morning
from the South Carolina ~penitentiary
andthroughout the trial remained on
duty, with fixed bayonets, around the
prison dock. The court room was
crowded to its capacity and there were
not less than 500 people in town to
witness the trial. There was not the
slightest sign of drunkenness and
perfect order prevailed throughoutthe
day.
Judge DeVore of Edgefield, the
newly elected Judge of the Eleventh
circuit was commissioned by Govern
or Ansel to hold the special term of
court ordered to try the Toland broth
ers. He proved an excellent presid-
ing judge, and there was not a hitch
in the proceedings of the court from
the opening to the hour when the crier
announced it adjourned sine die.
The trip was made to Lexington
without mishap. A crowd of perhaps
100 men were at the station at Lex
ington when the train arrived, but the
engineer, exercising due caution, ran
past the station about 800 yards,
where the soldiers d~etrained and,
with the prisoners in the centre of
company platoons, the march to Lex
ington court house, n mile and a
half distant, "a begun. The pris-
oners were extremely v ard
seemed to be momentarily in fear Of
receiving bodily harm and three times
between the station and the court
house it was necessary for the mill
tia to halt for five minute periods TO
allow the negroes to rest, Ned Toland
giving out completely.
AS they neared the court building
several men on the corner of the
street opposite the entrance Of the
court house yelled three OF four
times, and some person loudly called,
where are you niggers?"-but moth
ing was started. The crowd in front
Of the building cleared the way for
the miliatia and prisoners and soon
they were safely in the court room
and the negroes seated in the dock
Here a line of militia was placed Oh
each side of the aisle, on the outer
side of the bar railing, a line on
each side CT the aisle inside the rail
ing and four at either corner of the
prison dock.
Two yound lawyers were appointed
by the Judge to defend the murderers
and the defendants were then formal
ly placed on trial and a plea of not
guilty was entered as to each. Under
the law a defendant a not plead
guilty in a case the possible outcome
of which is capital punishment.
Found the Body.
Mr.. Paul Ellison, husband of the
deceased, was the first witness. He
testified that when he left his home
at Cayce on the morning Of Feb. &c:
to go to New Brookland, he left his
wife there, in good health. He LEFT
his home about Z o'clock and re-
turned about II. The house was
locked. When he entered he found
his wife's dead obdy in a clothes bas'
ket in the real room, with clothes
and quilts thrown over her. Hell
clothes were bloody and there were
wounds on her head and face. He
stated that he missed a gun, loaded
shells, a razor, a coat, his wife's
cloak and other articles from the
room. He identified the coat, which
at that very moment Brack Toland
was wearing, as the coat that was
4o1ro- fro~ he hN,ca tho nonrpinr nj
the murder.
His gun had been returned to him
by Mr.. M. P. Fox. The gun was
identified by witness and placed in
evidence. 1t is a single barreled
breech loader.
The axe with which the crime was
committed was identified and put in
evidence. He said that the X was
standing at the foot Of the
bed and there was blood on the table.
1t had been used to break open the
trunk. He identified the razor, three
hankerchiefs and three watch Chains
which were found on Brack Tolaad
by Sheriff Buford.
Two chains, hankerchiefs, etc,
found on Ned Toland by Sheriff Bu-
ford were identified by Mr. Ellison
Witness testified that he was the
first to reach his wife and when he
discovered her body in the BASKET life
was extinct. There was a bad cash
in the tip of the head and another
ugly wouno on the side of her face.
There was blood on her dress. espec-