The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-09-07

say anything in regards to shooting.
Did not notice anything in Chestnuts
hand when he passed him running.
at this point the Witness who
had been excluded were allowed to
return.
The next witness was Leon West
bury, who was engaged in Jenning
and Smoak's warehouse when the
shooting took place. He heard the
shots but thought it was boys shoot
ing at sparrows. Heard Cunningham
saw Come here" AMI ran to the Dix
ie Lumber Co. AS he ran in one
door, Chestnut ran out the other.
Witness left Sabin to phone for the
doctor. Alter waiting about fif-
teen minutes went to phone for the
doctor again and met DR.. shecut
coming. Did not hear Sabin say who
shot him until after his brother (Mr.
A. S. Sabinl came. No cross exami-
nation.
Court here adjourned for dinner
after cautioning the jurors not to
discuss the case with anyone.
After dinner the first witness was
Edward Halves, city engineer, who
testified that he made plat of the
scene Tuesday night and this plat
was received as evidence, although
objected to by the defence.
C. E. Cunningham, grand-uncle OF
sabin was the next witess. He was
on platform loading car, and Sabin
was at his desk engaged in writing
a letter. Heard pistol shot but did
not think it was in office. But start
ed to look in, and saw Chestnut
standing at Sabin's desk with pistol
in his hand; Sabin then rose very
deliberately, and Cunningham says
Chestnut said, to Sabin: iii teach
YOU how to observe signs when
you approach a 'gentleman's houe>
after 7 O'Clock at night" Witness
said he tried to demonstrate with
Chestnut who replied that II Gun
ningham die not get out OF the way
he would shoot him. The witness
said that Sabin did not strike Chest
nut, but pushed him and they both
fell back over some lumber Sabin
on top of Chestnut. Then Cunning
ham hurried to his nepheW's side,
and Chestnut ran away with all the
power that was in him" 1t was al
so brought out that Chestnut owed
the Dixie Lumber Co. about $50 or
$50, which has since been paid. Mr..
Cunningham said he was not excit-
ed, although the second shot near
" hit him. Chestnut he declared
was greatly excited and wrought up.
Sabin was unarmed.' -
The next witness was A. S. Sabin,
brother Of the slain man, and who
has been running his business since
his death. - Mr.. Sabin related how he
was phoned by his uncle Of his broth
er's injury and that he ran there
Immediately. Found brother on floor,
evidently in pain. Described posi-
ton Of things in the Office" Went
with his brother to Columbia and
was present with him when he was
opel ated upon. Spent a very COM
Portable night. Next day Sa'bin said
that he told his brother that he was
getting weaker, and the deceased
said, II know it, can't stand 1t
much longer" The witness then
said they should have had his
statement made in proper form, and
his brother replied: cts just like. I
told you."2 Upon being requested by
his brother said: 81 was sitting at
my desk writing when Chestnut
came in. Good morning, what's the
news asked him. "A whole lot Of
news, g. d you; I'm going to Kill
you and shot once. I tried to ask
for an explanation, but he said, u
am, going to kill you; you wrecked
my home / northumberland and
asked for an explanation. Then be
fired the second shot. Seeing Re
meant to Kill me I ran him against
the wall and tried to take the pistol
from him. His brother, the wit
ness had read to him in the morning
the statement in the papers charg-
ing Illicit relations with Chestnut's
wife, and remarked to him just be-
fore he died, II am sorry that story
was written" Tte dying man re-
piled, "there's no truth in that sto-
ry.'
With this witness the prosecution
rested its case and the defence open
ed by bringing forward a. number of
character witnesses. -
w. G. Sessions, former sheriff of
Horny, said he knew Chestnut for
over 20 years and his reputation as
a peaceful citizen was good. Since
the defendant moved from Horny he
knew nothing of him or his private
life.
j. A. McDermott, of Conway, for
merly Clerk of Court, Senator and
treasurer of Horny, followed with
practically the same testimony as
Mr.. Sessins. He also had heard of
Chestnut cutting a negro at George
town as had Mr.. Sessions.
w. R. Lewis and w. H. Howell,
two Horny citizens, had known the
defendant about 20 years each, and
testified that his character was good.
EX-congressman Samuel Dibble,
State Senator D. A. Spivey, of Horny,
knew Chestnut's reputation, which