The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-04-17
THEY WILL HANG.
Two Brutal slurderers Promptly
Convicted l)verln Lexington.
TELL OF THEIR 1 CRIME
;sVhice Was Brutal in the Extreme

= = = E 4 4 .
Nhice Was Brutal in the Extreme
The siayers of Aged Mrs. Ellison
Given Quick Trial and win Be
Speedily Executed--A Very Large
Crown Witnessed the Trial, bu,
Everything Passed OF Quietly. !.
Ned and Brack Toland. the two
negro boys who killed Mrs. Frances
Ellisor at Cayce, across the river
from Columbia, en- Wednesday, Feb
ruary &c, were convicted at Lexing-
Z 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
sers. 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
slighteat sign of drunkenness and
perfeut order prevailed throughoutthe
day:
Judge DeVore of Edgefeld, 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 presi6-
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
1ngton when the train. arrived, but the
engineer, exercising due caution, ran
past the station about 800 yards,
where the soldiers detrained and,
with the prisoners in the centre OF
company platoons, the march to Lex
ington court house, one mile and a
half distant, was begun. The pris-
oners were extremely nervous and
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 or four
times, and some person loudly called,
Where are you niggers?" 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 line of militia was placed on
each side of the aisle, on, the outer
side of the bar railing, 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 mur6erers
and the defendants were then formal
ly placed on trial and plea of not
guilty was entered as to EACH Under
the law a defendant can not plead
guilty in 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 theSmorning of Feb. &c,
to go. to New Broo okland; he left his
wife there, In good health tHe 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 g clothes bas-
ket in the rear room, with clothes
and quilts thrown over her. Her
clothes were bloody and there were
wounds on her head and face. He
stated that he missed a gun, loaded
shells, razor, coat, his wife's
cloak and other articles from the
room. lie identified the coat, which
at that very moment Brack Toland
was wearing, as the coat that was
taken from hs house the morning Of
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 axe was
standing at the foot of the
bed and there was blood on the table.
It had been used to break open the
trunk. He identified the razor. three
hankerchiefs and three watch chains
which we're found on Brack ToIaad
by Sheriff Buford.
Two chains, hankerchiefs, ETC.,
found on Ned Toland by Sheriff bu-
ford were identified by Mr. Ellisor
Witness testified that he was the
nrst to reach his wife and when he
discovered her body in the BASKET life