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


ters, Chestnut declared that Sablr
rushed him and his head butted the
wall when they fell over. 1t was ther
that the fatal shot was fired.
This as will lie seen differs from
the story of the dying man and Cum
ningham. The prosecution offered IN
rebuttaI of the testimony telling OF
alleged relations of Sabin and Mrs
Chestnut witnesses imteaching th'
truthfulness of those who testified
about it.
AS it is the result of the trial
hinges upon two or three facts which
the jury must consider and return 8
verdict according. First, did or die
not sabin ruin Chestnut's home. Sec
ond, did or did not Sabin write thu
note found behind Chestnut's gate the
morning of the shooting. Third
which is the correct story of the kill
ing: that of Sabin as corroborated by
Cunningham, or that of Chestnut
Then also the fact that the defence
claims that two letters implicatinE
Sabin were found in Mrs. Chestnut:
trunk and which two letters Mis-:
Adine Chestnut declared her step
mother burnt must also be taken in
to consideration in deciding whether
or not Chestnut had sufficient provo
cation for the act he. did. Anothe'
fact which the jury will also have K
consider is that Sabin was unarmet
and that Chestnut fired two shots a
him before he took any part in hi
own selfdefeuce. ihe fact that the
third shot was fired while Sabi1
was ON top of Chestnut does not give
Chestnut a case of self-defence, fol
he had already shown that his inten
tions were to kill sabin, and hat
twice tried to carry out that inten
ton.
Testimony OF Defence.
In our last issue we gave the tes
timony in detailed form Of the wit
nesses examined Wednesday. Today
we present the testimony Of the wit
nesses examined Thursday. Follow
ing is the testimony:
The first witness Thursday morn
ing was Luther J. Smith CT Bow
man. He testified that he passed
Chestnut's house one Saturday af
ternoon about ten days before the
shooting and saw (while he was
walking his horse on account of
sand bed) Sabin come in Chestnut
yard, speak to Chestnut's daughter
and then walking up, to- the door
raped. Mrs Chestnut came to the
door, and her did not see any more
Did not tell Chestnut about this be-
fore the shooting. ~
w. F. Rast, sworn, said he mar
ried Chestnut's wife sister. q, He saie
he had seen Sabin at Chestnut's
house several times. On the 23rd
of March while in front yard saw
Sabin and Mrs. Chestnut sitting on
sofa in parlor, and Sabin's arms were
around Mrs. Chestnut. Although 6
brother-in:law he did not think Il
his duty to tell Chestnut about this
before the shooting. Told his wife
however.
P. NJ. Rickenbaker, next called, de
clared that he saw Sabin step inside
Chestnuts gate about dark the eve
ming proceeding the killing and ap
parently hide something, Spoke >tt
Sabin and greeting was returned
Two weeks before had been going
to Sprinkler's mill and saw Mrs
Chestnut on Palmetto street walking
towards Railroad avenue. Later up
on returning from the mill he saw
Sabin and Mrs. Chestnut standing
talking on the corner Of Palmetto
and Railroad avenue. Witness was
on Mr.. Saul's piazza and could SET
the two talking. Chestnut, the de-
fendant, then came from the direc
ton of the depot and Mrs. Chestnut
ran towards her home and Sabir
down the railroad track. Witness
did not tell Chestnut anything about
what he saw.
Benz. c. Rast, sworn, said he also
saw Mrs. Chestnut on the corner o
Railroad avenue and Palmetto street
Corroborated Rickenbaker's state
ment in that particular. Told how one
afternoon just. before sundown he
heard noises in barn in Chestnut's
yard and upon opening the door saw
Mrs. Chestnut AID Sabin standing in
there. Said that next day Sabin Of
fered him SIS to keep his mouth
shut, which he refused but told Sabir
he had better be careful. Didn't tel
Chestnut anything about what he
had seen. i
Mrs. Willie G. (Ada) Smith testi
fed that she knew both Sabin and
Mrs. Chestnut we'll. Had often seen
the former with Mrs. Chestnut. Ask
ed to relate specific times related how
once she had run in the Chestnut
house for water and Mrs. Chestnut
opened the door into Adine Chest
nuts room, in which witness declared
Sabin and Mrs. Chestnut was. Anoth.
er time saw the two talking together
on the back steps of Chestnut
home.
Miss Adine Chestnut was then
called. She is fourteen years old and
{ daughter of defendant and his
first wife, being born in Horny coun.
~ Lived with her grandmother af-