The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1908-04-15
ToLAND NEGROES
WILL HANG.
Murderers Of Mrs. Ellison Will Pay
Death Penalty on May militia
Guard Prisoners During
Trial,

Not in the history of Lexington has
there been such a large crowd at
court as that which witnessed the
rial Yesterday of the two negroes,
Ned and Brack Toland, for the muir
der of the aged and decrepid little
woman, Mrs. Paul Ellison, in her
humble, though none the less happy,
home near Gayce, on Wednesday,
Feb. 26th, last.
People began to pour into Lexing-
ton at an early hour and the crowds
increased as the hours grew and by
8 o'clock the town was mass of hu-
manity.
For several days it had been known
that the authorities would take every
precaution against any possible out
break of an angry mob, and. that Gov.
Ansel would send q military company
to protect the prisoners. Accordingly
the men were brought over from CO.
lHmbia on special train, guarded by
fifty gallant soldiers, heavily armed
with loaded rifles and fixed bayonets,
arriving here about $50. The march
from the depot was made with safety,
Sheriff Corley> and his deputies being
in the centre. Ned Toland, the elder
of the two brothers, gave out three
times on the way and by the time the
court house was reached be was COM
pletely exhausted.
When court was called at 1915 the
court room was filed with eager
spectators, standing room being at
premium and hundreds stood around
the building being unable to gain ad-
mittance.
Judge Dsvore, of Edgeaeld, who,
by the way, served as judge for the
first time yesterday since his recent
elevation to the bench by the legisla-
ture, presided with becoming dignity
and made q favorable impression upon
all. Solicitor Zimmerman handed the
Indictment to the grand-jury, naming
Capt. D. J. Griffith, superintendent
of the penitentiary; Mr.. M. L. Fox
and Mr.. Paul Ellison, the husband of
the woman killed, as witnesses.
Within short while the grand jury
reported sstrue bill'' and the trial
proceeded. The negroes being with
out counsel, Judge DeVore named
Hon. F. E. Dreher, of Lexington, and
Col. E. L. Asbill, of Leesville, to de-
fend the prisoners. After a short
consultation with their clients, the
attorneys announced that they were
ready for trial.
A few minutes after II o'clock the
prisoners were arraigned and in an
swer to the usual questions Ned said:
4tI'm guilty." but Brack declared
himself innocent.
The following jury heard the case:
J. A. Whitten, E. L. Hartley, Jasper
: J. Bates, Jacob Frye, Ed. L. Lindler,
w. G. Farber, Jas. E. Sease, G. B.
Barre, r. Lewie Connolly, w. NJ.
Rauch, III. 81. Costner and R. Elmore
Shealy. Mr.. Farber, who is the popu-
lar vice-president and general mana
ger of the Middleburg Cotton Mills at
Batesburg, was elected foreman and
the trial proceeded.
Mr.. Ellison, the husband of the
murdered woman, was the first wit
ness sworn for the State. He told OF
the finding of his wife's dead body,
and the loss of gun, shells, coat
and number of other articles. He
was followed by Capt. Griffith, who
testified as to the confession made a
few days after their capture. Mr..
Fox identified the men as being
the ones from whom he bought the
gun q few hours after the terrible
crime was committed and as to the
clothes worn on that day.
DR.. Hutto described the wound,
how the skull was crushed and the
brains oozing out and the fracture OF
the lower jaw. DR.. Hutto said the
woman had been dead several hours.
Sheriff Bufford, of Newberry, told
of the negroes capture on the O. n.
and L. train and wanted to tell OF a
conversation between the negroes
and his son while they were confined
in the Newberry Jail, but the attor-
neys for the defense objected and the
Sheriff was told to ''come down."
Mr.. E. w. Heise. of Columbia, told
that he saw the negroes on the morn
ing in question with the Ellison gun
while he was out hunting near Cayce.
Capt. Clay Roberts, of the peniten-
tiary corroborated the story OF Capt.