The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-04-17

ILL pOdFuS anu WdiLeu IOf the returns
which came in rapidly. 1t was a
close election. The following is the
total vote: For dispensary, SIT;
against dispensary, S22
night Of Feb. 26 between Hilton and
Little Mountain, on the Columbia,
Newberry and Laurens railroad. The
arrest was made on the train. He
was in Columbia on the day hat
Mrs. Ellison was murdered. Intended
taking 7.25 train for Newberry, .,ut
was called off by Mr.. L. B. Aber-
nathy, who told him that Mr. Adam
D. Shull wanted to talk with him
about this murder.
There were a series of objections
to this line of testimony as being here
say and witness was instructed that
he couldn't tell what others had said
to him.
He told of receiving information
from Conductor John C. Mccain of
the presence in the forward part Of
the train that two negroes whom the
conductor had suspected as having
been connected with the murder. He
arrested them and took them to tile
Newberry jail. They denied any
knowledge of the crime. Later he
ttelepholed for Mr.. M. F. Fox to come
| to Newberry and identify the prison
ters. Mr.. Fox and Mr.. Abernathy
came up early Thursday morning and
after the former identified them they
were taken to Columbia and placed in
the penitentiary for safe keeping.
" Sheriff Buford stt.rted to- tell of a
statement made by Brack Toland
while in the Newberry Jail, but this
was objected to by counsel for the
defendants on the gruond that proper
l.grounds for introducing confession
had not been laid and on further
ground that the statement was made
after the negroes had been told that
they were in danger. The solicitor
did not insist on the statement and
this feature was dropped.
Sheriff Buford identified the arti-
cles found on the defendants
Confessed to Capt. Griffith.
Capt D. ]. Griffith, superintendent
of the State penitentiary, testified that
the defendants were placed in the
penitentiary on February 27. He had
a conversation with both of them in
his Office few days later. They made
voluntary statements about the Ellis
or murder. Brack was the first to
make a statement about the affair.
He said he had never been away from
home before; was induced by his
brother to accompany him on this
trip, telling him that he (Ned) knew
where they could get some money. He
said they staid around .Cayce's depot
for day or two and the morning of
the date on which they:.;were arrested
he and Ned-.went o:the house where
Mrs. Ellison lived. They went into
1.-THE house and asked for some bread.
She gave them some biscuits and they
offered to pay for. it but she refused
to take any pay. They then started
into the house to warm. Mrs. Ellison,
he said, at first made no objection to
their warming, but that she told them
that she believed they were "up to
some meanness."
Brack said that they grabbed her
and while his brother got the axe he
held her tight. Ned hit her in the
head two or three times and they
put her body in a basket, got some
things out of the house and they ran,
going through the woods piece.
They sold the gun to a man at
New Brookland and then went to
Columbia, taking the train from there
and going to Irmo; that they walked
up the railroad from Irmo to Hilton,
boarding the c., N. and L. train there
and being arrested few minutes lat
er by Sheriff Buford.
Capt. Griffith said he warned Brack
before he made any statement that 1t
would be used against him.
After Brack was sent back to his
cell, Ned was brought to the office
and made substantially the same
statement as that made by Brack, he
too, being warned that he could not
be made to make any confession and
that whatever he said would be used
against him.
Capt. C. C. Roberts Of the peniten-
tiary guard corrobated Capt. Griffith S
testimony. The statements made by
Ned and Brack ,Toland were made in
his hearing as we'll as in the hearing
of Corporal J. P. Harlng.
Ned TOland on Stand.
Ned Toland was sworn for the de-
fense. He said he was from Pros
perity. Left home on Monday (Feb.
24); told his brother that he was 60
ing to Columbia His brother and he
beat" the local freight to Columbia.
When they reached Columbia they