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

desk the morning of the shooting
deceased was engaged in writing
when interrupted by Chestnut. He
declared he was familiar with his
brothers handwriting and that he
recognized the letter as his handwrit-
ing. When shown the note which the
defence claims was written by Sabin
(Which was given in Chestnut's tes-
timony) and left half-buried In the
sand the evening preceding the
shooting, Mr.. Sabin swore that his
brother did not write that note. Wit
ress testified that his brother was
not profane man, and that he had
known him to be engaged In church
work.
Roy Sabin, another brother of the
deceased went on the stand. ldentl'
fled letter his brother was writing at
the time of his death. Also denied
the note found behind Chestnut's
gate to be in the handwriting OF his
brother. Never heard his brother
swear.
Rev. J. L. McLees, pastor of the
local Presbyterian Church, of which
the late Mr.. Sabin was connected, tes-
titled that the deceased had always
impressed him as a very pious young
man. The witness was shown an ar
ticle he wrote, which was printed IN
these columns some weeks ago, and
confirmed the statement that he
wrote it.
Witness Impeached.
Lewis J. O'Cain went on the stand
Lived one door from Chestnut's
house. Knew Ben Rast, whose repu-
tation for truth and veracity was
very bad. Had seen good deal OF
Mrs. Smith, whose reputation for
truth witness stated was bad. Would
not believe either on their oath. On
cross-examinatlon witness failed to
call names of persons who had ever
told him that the two persons named
were untruthful.
C. B. Bull, merchant, of Cameron,
testified that he knew Ben Rast
about four years and considers his
reputation for truth and veracity
bad. Would not believe him on oath.
]. w. Padgett testified that Chest
nut did come to his store the morn
ing of the shooting, told him that he
had had an h-of time at home,
and that he was going to shoot some
negro. Witness said he advised
him against such proceedings.
A. S. Sabin was recalled and tes-
titled that Saturday was the regular
collection day of the Dixie Lumber
Co., and that his brother was the
regular collector.
Here an adjournment was taken
until three o'clock.
Not Sabin's Writing.
Upon resuming Court at $3.50
Messrs. W. L. Glover, H. c. Wanna
maker and ]. W. Cutler, who have all
been engaged in the banking business
for sometime and seen various hand
writings, testified that in their be-
lief it was impossible for the same
man to write the two different let
ters shown, i. E., the note found be-
hind Chestnut's gate and the letter
Sabin was writing on the morning he
was shot. On cross examination all
declared they were not experts. The
defence gave some tests for them to
say whether one or two or how many
wrote them.
Henry Jenkins, who married the
defendants wife's sister was called
Lives near Chestnut. If anybody had
placed note behind gate he would
have seen him. Did not see anyone
not even Rast and Rickenbaker
Saw Sabin two or three months be.
fore killing ct Chestnut's house. New
er saw him there at night. Here some
reference was made tc the affidavit
of Mrs. Chestnut and the defence
dared the prosecution to put her on
the stand.
This was the last testimony offer
ed. It was then about four O'Clock
It was decided that each side should
be given three speeches and Hon
Thos. F. Brantley opened for the
prosecution. He was followed by
Adam H. Moss, Esq, for the defence
At the conclusion of Mr.. Moss s
speech Court adjourned until Friday
morning $50 o'clock.
Friday morning the entire session
of the Court was .aken. up with the
speeches of R. A. Brown, Esq, fol
the prosecution, Hon. Thos. Raysol
and w. C. Wolfe for the defence anc
Solicitor Hildebrand in the order nam,
ed. At about 1870 the Court ad'
journed for dinner. His Honor, Judge
DeVore delivered, Immediately after
dinner his charge to the jury, telling
that verdict of murder, murder with
recommendation to mercy, man
slaughter and justififiable homicide
could be delivered. The jury retired
at 4:10 yesterday afternoon.
Tb,oI- Nn,, RrOtbor