Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1911-01-12

road, and his son, Harvey, aged
rs years, are prisoners in the
York county Jail, charged with
(the murder of f. p. H. Nivens,
ion. the evening of December u,
1870, near the store of the dead
4 man, which was only few yards
( from the Griffin establishment.
The Griffins were arrested We'd
nesday afternoon by Sheriff Hugh
G. Brown and taken to the coun-
ty jail in Yorkville, where they
were held until Monday morning.
The warrants for arrest were
sworn out before Magistrate R.
j.. DeLoach, of York township,
by B. M. Nivens, of Yorkville,
half brother of E. P. H. Nivens.
The prisoners were brought be-
fore Magistrate John w. McEl-
haney, of Fort Mill township,
Monday and given a preliminary
hearing. Magistrate McElhaney
decided the testimony sufficient
to constitute a probable case and
remanded the prisoners to Jail
to await trial for the murder of
Nivens. In compliance with the
decision of the magistrate, Sheriff
Brown returned to Yorkville with
the prisoners Monday afternoon.
The testimony of the ten wit
nesses put up at the hearing
tended to establish the contention
of the State that i'll feeling had
long existed between w. E.
Griffin and f. P. H. Nivens. Two
of the ten witnesses testified that
w. E. Griffin had made implied
threats against the dead man,
though there was an almost total
lack of testimony to connect
Harvey Griffin with the crime.
The State, represented at the
hearing by Solicitor J. K. Henry,
seemed to stake it's claim of a
probable case being made out
against the Griffins upon estab-
fishing its contention of bad
blood between w. E. Griffin and
Nivens.
The accused were represented
at the hearing by Mr.. w. B.
Wilson, Sr., of Rock Hill, who
closely cross-examined a number
of the witnesses. In his argu-
ment Mr.. Wilson differed from
Solicitor Henry in the latter's
construction of section "a of the
criminal code relative to the au-
thority of magistrates in felony
cases. Mr.. Wilson contended
that the State had failed to make
out a probable case and that the
prisoners should be discharged.
Magistrate McElhaney decided
otherwise, however.
There was a great deal of in
terest manifested in the hearing.
which was held in the town hall.
The hearing began at 10 o'clock
and lasted until 2:30. 1t is esti-
mated that at one time as many
as 300 persons were in attend
ance.
The following is a synopsis of
the testimony adduced at the
hearing:
The first witness called to the
stand was Adam Edwards, a
negro man, apparently 60 years
old, who has lived in Fort Mill
township many years. He re-
membered distinctly the night
NivenS was shot. He had been
to town that afternoon and re-
turning to his home, stopped at
the Griffin store to get his mail.
He went into the store and bought
some cigars and then went to the
fire to get warm. A noise was
heard outside and Griffin sent
his son. a little boy, to investi-
gate. The boy reported that a
man was at the we'll getting
water. Edwards and Griffin
went to the door and saw an
automobile coming. Edwards also
saw Nivens standing in his store
dor. Presently Mrs. Griffin told
ht husband that supper was
r&E. Griffin then went into his
house, adjoining the store, say
ing he would get a cup of coffee.
Edwards left the store when
Griffin went to get the coffee and