Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1909-07-14
Cleo Vundivcr Convicted OF Man
slaughter and Given Ffve-Ycar
Sentcncc-DcWitt Vandivcr Not
Guilty.


the state VS.. Cleo and Dewitt Vandi-
yer, charged with The murder of
Mann Phillips on December 81, 1908,
was begun. Both the State and the
defense announced that they were
ready, and on the indictment being
read by the Solicitor the two defend
ants plead not guilty and announced
that they were ready to be tried by
God and their country.
The Selection OF the Jury
was then begun. Ralph A. Moore,
the first juror called, was sworn;
Isaac w. Henry CD was objected 70
by the defense; II. e. Gambrell CO.
objected to by denfense; c. w. Lyle
ca, sworn; A. p. Tannery CO., de-
fense objected: J. * Anderson CO.,
excused by State; +. w. Harbort
CD, defense objected; w. G. Fin
kenstadt (S), excused by State; Jas
per Doyle (9), was related to de-
ceased and excused; S. J. Lyle GO,
was the third juror sworn; B. II.
Cole G1), excused by State; J. ~
Grant 12), was sworn; }. G. Ed
wards U3), sworn; j. E. Orr, Sr.,
l4, was sworn: Il. w. Grogan
G5), defense objected; II. ID. Grant
G6), was sworn; X. S. Purcival
IS), was sworn, making the Sth
juror chosen; c. w. Pitchford I9,
j. w. McGee (20), }. II. Talley (2D,
}. A, OKelley (22), r. o. Gam5rell
(23), y. Bagwell (24, were all OBJ
jected 10 by defense; T.. l.. Rogers
(25) and p. *. Phillips (26), were
sworn, making ten jurors chosen out
Of 26 called; G. j. Ramsay (2D,
objected to by defense; S. f. Reeder
(2S), related and excused; II. w.
Mcdonald (2O, was sworn; j. j.
Harbert 900, related, was excused:
w. E. Herring (3D, excused by the
State: w. C. Callahan (32), was
sworn, completing the panel OF 12
jurors after 32 of the SO regular
Venire had been called. The State
had objected to five jurors, the de-
fense rejected twelve, and three were
stood aside by reason Of relationship
either to the defendants or deceased.
Examination of Witnesses
for the State began as soon as the
indictment had been read to the
jury.
DR.. }. w. Bel! was the first wit
ness sworn. The substance of the
main facts Was: He had examined
the dead body Of Mann Phillips,
which he FIRST saw lying near the
puOlic road west of Walhalla He
found Il wound made by some sharp
instrument, presumably Il knife. The
wound was about two inches deep, a
half inch wide, having been inflicted
slightly to the left OF the median
line and little below the nipple.
This examination was made on Jan
uary 4th, 1909. Also found several
abraSionS on body, but no other
wound; abrasions could have been
made by body falling from a ,ehicle
and striking against wheels or fall
ing against stones, but would not
have been caused by falling directly
on smooth ground. Gloves, coat,
shirt, undershirt, overcoat, shoes
etc, We're identified by witness and
offered in evidence. When witness
first saw the dead body it was lying
not far from public road, and coat
and other clothing was open in such
manner as to leave shirt exposed.
In answer to question by attorney
for defense witness stated the wound
was Inflicted by knife or some
sharp instrument, and was located
slightly left OF the median line just
below the nipple, ranging a little to
the left Of the body, being two in
ches inward and almost straight.
ness sworn. Knew defendants and
deceased. Had talked with Cleo on
Saturday following December 31st at
Cross's store. Clyde Cowan was
present. Heard Cleo say he and
Mann Phillips had had fuss about
some money. Said he knocked Phil
lips out Of hack after Phillips cursed
him. They were on their way back
from Walhalla. Cleo said he had a
controversy with Phillips and he had
Knocked Phillips ont OF hack and
stabbed him with knife. Said he
Knocked him out Of hack with a
stick, but said he did not know
If Phillips was hurt or not Said
Dewitt had pulled him off Of Phil
lips and that DeWitt's hand was
slightly cut with the knife. Cleo
told him Phillips had run when De-
Witt pulled him (Clio) off, and that
he called to Phillips to come back:
but he never did come back. and he
and Dewitt drove on to WcStmin-
ster. Witness said knife was freshly
whctted when Clio showed il to him.
Point of blade was broken. in re-
sponse to attorney for defense, wit
ness said he thought towan had
turned to wait on customer about
the time Clio was telling him this,
and they were talking together about
fuSScs they had had in the past.
John Smith testified that he had
had conversation at Westminster
Oil Mill with Cleo, in which the lat
ter had asked, you haven't heard OF
anybody being found dead in this
part Of IN" county, have you?" and
had told him about difficulty with
phillips, and Cleo said he had stab.
bed at Phillips and had Cut his bro.