The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-10-23

Judge Featherstone congratulated
the people Of Saluda county on the
fact that no violence had been done
the prisoner so far, and appealed tc
their patriotism and chivalry to now
let the trial proceed in an orderly
manner, and the law take It's course
There was almost breathless silence
in the court room during the entire
trial and little signs of drinking were
noticeable.
The story Of the fearful tragedy
Was told by Mrs. Carver, who was
gowned in heavy mourning. In an
unaffected and straightforward way
she told the story Of the crime. In
substance she said that she was in
their little home when she heard a
shot on the edge Of the yard. Go
ing to the door she saw the form Of
her husband on the ground and Will
Herrin standing over him beating
him over the head with a gun. She
ran back into the house and saw Her.
rim pass along by the edge Of the
yard and go off down the path. She
then went out to where her husband
was lying, and found him shot and
the side of his head terribly beaten
up. Mrs. Carver stated that Will
Herrin had lived awhile with her
husband this year and she never knew
of any trouble between them. In an
swer to the question as to what kind
of a negro Will was she said. ''he
did very we'll"
One after another Of those who ef-
fected Herrin's s arrest was then put
on the stand. and the substance Of
the testimony was that he tried to
shoot them when they demanded of
him that he throw up his hands. ours
ing them. and refusing to surrender
until after he was shot, With his
stocEless gun, for he broke his gun
beating Mr.. Carver over the head. he
fired at those who were trying to
arrest him and in fact wounded one
or two in the party. The gun was
exhibited in court. and while the bar
rel and lock, hammer and trigger
were intact, the stock was gone.
Those who had known Herrin and
talked with him said he impressed
them as having average intelligence,
but the fact was apparent that none
of them seemed to know much about
him. DR.. O. P. Wise, who attended
Herrin after he was shot and brought
to the Saluda jail, testified that he
asked him why he had shot Mr.. Car
yer, and he said he did it to keep
from being killed.; that every time
time he went to raise a fuss with an
other negro some white man inter-
fereG In answer to questions by the
court Mr.. Wise stated that Will Her.
rim impressed him as having average
intelligence and possessed, according
to his medical opinion, enough sanity
to know right from wrong and was
responsible for his acts.
Sheriff Sample testified that Her
rim told him the reason he killed Mr..
Carver was because he (Carver) had
a buggy that he wanted and would
not Let him have it, but let Ranney
Jay have it. The sheriff also stated
that, Judging from his conversation
with Herrin, he had average intelli-
gence and he was satisfied that he
knew right from wrong.
The State having rested the de-
fendant was asked to take the stand.
He did not remember killing anyone
on September II and did not know
where he was that day. He did not
seem to remember anything until the
broken gun was shown him, and he
then said that was his gun; that he
bought it from Mr.. Carver. After
denying that he killed Mr.. Carver he
then said he killed him to keep from
being killed. He explained the brok-
en- gun by saying that Mr.. Carver
called for his rifle and told the wit
ness not to shoot him until he got
his rifle; that they were in a scuffle
land something white just come
down over my face, that way, and
burned me, just that way, and the
stock fell off, just that way.'
He said he did not mean to kill Mr..
Carver; that he was after Rams Jay.
His testimony as to the manner of