Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1909-07-14

j. \. Fitzgerald was mere recalled.
He had seen Sheriff Kay examine the
pockets of Phillips when his body
was found. Kay got $2.65 out of
pocket, and another 25 cent piece
fell out when pants were taken off.
Did not find any knife in Phillips's
pockets. Money was found in trous-
called and substantiated Mr.. Fitz-
gerald's testimony as to money in
the dead mans pockets.
This short interval was the only
break in the statements made by the
defendants, and was followed by the
calling to the stand of
Cleo Nandiver,
the principal defendant, who stated
that he would be 81 years of age on
August 21st. During the afternoon
and evening Of December 3lst he was
at work at the Westminster Oil Mill
until 6.30 o'clock. He went down
to Shaw's, but didn't find anybody
much there. The Pool girls were
there, and Blanche said he could go
back home with her. Mann Phil
lips came about 8 o'clock and called
me and asked me to take a drink
which | refused. Told him | was
going to Mrs. Pools and he said he
wanted to go, too. | asked Miss
lIssie If he could go with her and
she said all right. We agreed on the
price for team and Mann and |
started to get the hack. He asked
me if | had any money. ] gave him
dollar and he went into mans
house and brough. back bottle of
whiskey. We drank together. We
came on then to town. / gave him
thnt hnI u N1l h..
whiskey. Only a pint this time. He
said 1t was all the man had, and that
he had made him pay dollar FOR
that. We went on to Shaw's and
found that the girls had already
gone. We went to the hotel and
went in and drank more whiskey---
blockade. | went out TO the hack
and called Mann, and he said he'd
come when he got d good and
ready. Essie called to him, too, and
he replied to her the same way, only
he said C. d. He finally came
and we left. On the way something
broke about harness, and he asked
for a knife. l let him have mine.
Later | asked about the knife, but
he did not give it back to me; said
he had it. He drove to the hollow
this side of Sam Frazier's, and it
was there we had a controversy as
to pay for the hack. Said he had to
have the money. Essie took the
lines and drove on down to the
creek and Mann got the lines again.
He was driving recklessly. He used
some language that should not be
used before ladies. Soon after wa
got to the Pool house Mrs. Pool said
1t was time to go to bed. Mann
nclY nhD ,t-lr
l had left 1t back in Westminster.
We got ready to go back Mann
was in the hack and Dewitt and |
crawled in at the back. Mann said
he was going to Walhalla and de-
manded pay for the team. handed
him $2.75 in change and he handed
me back the So ] first gave him. He
told us to get out If we were not
going to Walhalla; said, "By God,
I'll put you out" and made a motion
with whip as If to strike me, and
Dewitt caught the whip and Mann
dropped 1t. Mann made stroke
with knife and cut my sleeve and
DeWitt's hand. He raised to strike
me second time and | struck him
with my left hand. / had knife in
that hand. | opened the knife when
Mann raised the whip. My right
hand had been sprained for some
time. When struck Mann he turn.
ed back out Of hack and fell. De
witt asked if he was hurt and he
said no. We called for him to come
back. but he did not answer. De-
witt went up on bank nearby and
called. but he never answered. |
did not know he was hurt. We STAYED
there fifteen or twenty-five minutes
and then drove on to Westminster.
Saturday | asked Mr.. Keese if he
knew where Mann was, and he said
he guessed he was off somewhere
drunk. Sunday | came up after
mail and asked again about Phil
llpS. On Sunday evening | went
down to Oakway, and that night
Sheriff Kay came down for me. That
was the first | knew that Mann had
been killed. was ALWAYS friendly
with Mann and | like all of the Phil
lips family. 1t was just a sort of
drunken row, and | never thought
of anything serious.
During the statement made by
Cleo both he and Dewitt were to-
gether part of the time giving IL
lustratlons TO the jury as TO the posi-
hons they occupied in the hack and
now Dewitt was holding Cleo when
they claimed Dewitt was cut by
Phillips. This was slight cut on
the hand, but it was claimed bv
them that cut on Cleo's coat sleeve
and trousers leg, and the cut on
DeWitts hand were all made at one
time. The illustrations were I'm
support of the States contention
that this was an impossible theory.
Cleo's statement was ended at
$50 o'clock Thursday afternoon, and