The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-09-14

At this point Solicitor H!ldebrand
asked why he had taken out this ad-
ditional policy, and while the ques-
ton was being answered the Judge
Eordered the jury to retire while the
witness answered and then he would
decide whether to admit it in evil
dence. The jury left the room and
the witness said he heard Leysath
had taken out a lot Of insurance and
thought he had better get some too.
From what he had heard was little
suspicious. Didn't know but that
fire would break out at any time.
Took no special notice Of any pr<para-
tions by the defendants for a fire, but
Judging that the expenses were more
than the profit believed something
was going to happen. The Judge
then ruled this out for the present.
but announced that the opposing
sides would be heard after the re-.
cess and then he would decide defi-
nitely. He thought the testimony
competent but was not certain.
Upon cross examination witness
said he had a stock Of $4,000 and saw
ed large part from the fire. A part
of the time he was saving the goods
Frank Leysath held lamp for him.
DR.. T. A. Jones of North was call
ed. Did not see the fire break out,
but got there fifteen minutes after
the alarm. Saw Frank Leysath
around a few minutes after he got
there, but did not remember seeing
Poole. Also saw Horace Leysath. Saw
two parties pass in front of Mr.. Jeff
coats house going down the street
but didn' recognize them. They car
ried nothing in their hands. Also
heard couple of wagons, but didn't
see them.
L. L. Chartrand was called. Here
the defence objected to the competen-
cy Of the witness saying he had been
convicted of larceny. Solicitor Hill
debrand had the pardon of the Gov
ernor and this the Judge decided
made him competent witness. The
witness wanted to explain how it
happened he was convicted by the
Mayor but wasn't allowed at that
time. The witness testified that ne
was sleeping when some one awoke
him. Seeing the fire he said: "its
kerosined' and fired his gun as an
alarm. Met Chief Of Police and told
him to tell Mayor that he could give
him some information concerning the
fire. When ChartranU arrived at the
store he said kerosine was dripping
from the shelves and counters. Moth
ing was saved from the building as
far as he knew. Called the kerosine
and empty condition Of the store to
the attention of the Chief Of Police.
Dempsey Livingston and Dempsey
Tyler were the persons who woke him
up.
Lon Reed testified that he arrested
Robert Poole about II o'clock on the
morning after the fire and that Ho--
ace Leysath said he would kill any,
one that talked against him.
William Livingston, Chief Of Po-
lice. said he didn't know of fire until
he was awakened No one was
around the store when he got there.
Entire store was on fire and moth
ing was saved, although Ulmer saw
ed some from his store next door.
Smelt plenty Of kerosine. kerosine
inside of the building as it was not
smelled until after the glass broke.
On one tier of shelves he saw there
we're no goods. Horace Leysath said
IF any man puts it on me, I'll shoot
him"
I'D. Dempsey Livingston was
called. He met wagon about E. M.
Livingston, didn't recognize wagon.
Looked as if loaded with boxes and
barrels. Good load on 1t. About
1880 went to Chartrand's, and from
there came to the depot. Saw three
men me out Of Frank Leysath's
store With goods urder their arms.
Couldn't swear who they were. Demp-
sey Tyler was width aim. The three
came out and went away, he stayed
there and waited F!e heard loud eX-
plosion and saw two men come out
of the store about the same time. So
lictor Hildebrand tried to get the
witnes to say that he recognized them
but witnes stuck to kis statement that
he could not recognize them.
Took the wagon 2e saw to be the
same one he saw in Frank Leysath's
yard that afternoon. Said FRANK
Leysath told him tc tell Aleck Poole
to get rid Of the shoes he had saved.
Here Livingston read a, page Of an
affidavit he made before Commission
er Wharton in which he stated who
the men were, and he said that the
affidavit was incorrect. While witness
and Tyler were aching store heard
a noise like loading wagon behind
Leysath's store.
Thomas l.. Robinson was called.
His mother being sick he went into
North for some 1nedincine and to
meet a train. He got the medicine
and had gone to some house when he
heard the train blow He ran out.
and upon reaching the depot found it
was freigt, and not his train. While
looking up the track for the pasengf
he heard an awful explosion. Saw