The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-04-03


occurring at the depot in Manning a
few minutes before the circus train
left Manning for Bishopville. At the
time he was shot Mr.. Gaillard was on
horseback, a short distance from the
train. which was then being made up
to leave. The shooting followed some
dispute or disturbance participated in
by Mr.. Gaillard and the circus en-
ploye who shot him. the exact cause
Of which has never been satisfac-
torily explained. The morning after
the shooting Mr.. Gaillard was
brought to the Sumter Hospital,
where he died In the course Of a few
hours from the effects of the wound.
The morning following the shooting,
George Spivens. white, and Jack Nc
Coomer. colored, were arrested in
Bishopville on suspicion and were
subsequently committed to jail charg-
ed with the murder Of ]. E. Gaillard,
on a warrant issued by the Coroner
OF Sumter County. In due time they
were tried and convicted of murder,
with recommendation to mercy.
They were sentenced to imprison-
ment for life in the penitentiary. On
appeal Spivens was granted a new
trial by the Supreme Court and the
verdict as to McCoomer was
affirmed. AT the second trial Spv-
ems was promptly acquitted. Later
on the Supreme Court granted Nc
CoOmer a new trial. The defense Of
McCoomer has been conducted by L..
ID. Jennings, ESQ.,, who was appoint
ed by the court. McCoomer having
no attorney nor the means to en-
ploy one when the case came to trial
the first time. Mr.. Jennings has
fought the case from the first with
the utmost zeal and 1t was due en-
tirely to his efforts that a new trial
was finally granted the negro after
he had been committed to the peni-
tentiary to serve life time sentence
The jury who will sit in Judgment on
the guilt or innocence Of McCoomer
is as follows:
e. B. Muldrow, s. B. Simpson, ]. J..
Kolb, James Cuttino. H. w. Hardy.
w. N. Barkley, A. r. Flowers. L. l..
White. J. r. Terry. ]. H. Burgess. j.
j. Wescoat. w. Y. Spann.
Only three witnesses for the State
had been called to the stand before
recess. viz; DR.. S. c. Baker, DR.. Wal.
ter Cheyne and E. o. Burkett.
Prior to the taking up Of the Nc
Coomer case. the Grand Jury made
the final presentment for term and
was discharged.
The Following is the record Of the
proceedings Wednesday afternoon
and Thursday morning.
\ The State vs.. Thomas White, bur-
glary and larceny; true bill.
The State VS.. Benjamin James, as
sault and battery with intent to kill:
true bill.
The State vs. Hamilton James, as
sault and battery with intent to kill;
guilty of assault and battery Of high
and aggravated nature. Sentence.
$50 or three months on chaingang.
The State VS.. j. L. Hodge and L.
w. Wilson. assault and battery with
intent to kill; not guilty
The State vs. Robert Council.
housebreaking and larceny: guilty OF
larceny. Sentence. thirty days on the
chaingang.
The State VS.. Arthur Burroughs, ct
al. for the trial of which nine jurors
were drawn on Tuesday and the pan
ell exhausted. which necessitated the
drawing Of an extra venire was call
ed for trial. but when another post
ponement was asked, Judge Gary dis
charged the nine jurors already ac-
cepted and new jury will have to
be drawn when the case is again TAX
en- up.
The State vs. B. F.. Cunningham,
assault and battery of high and ag-
gravated nature. mol pros.
The State vs. Sam Samuel, bigamy,
continued.
The State VS.. Joseph Brooks, per-
jury. continued.
The State VS.. r. s. Brown, assault
and battery Of high and aggravated
nature. continued.
The State VS.. Sam Garden, assault
and battery with intent to kill. con-
tinued.
The State VS.. Joe Gary. grand lar
ceny, continued.
The State VS.. s. w. James, dispos-
ing of property under lien, continued.