The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-09-09
MO DECISION REACHED
so FAR JyRoRs DISAGREE IN
CHESTNUT CASE.
NO Eurther News Will Be Heard
From Jur, Until To-day. Evident
Iy q Mist:ial.
Jury Still Out.

ly M1Suiai'
/. . . 1. g
Jury Still Out.
The jurG in the Chestnut case
y went out at 4:1O yesterday after
noon. Up to twelve O'Clock last
night-eiahr hours after leaving
the court room-they had not
. agreed upon verdict. According
. 10 the ms :ructions of the Court
. IL a yeridrt is reached before
morning IT will be announced In
= Court thi., morning.
. .
The fate Of R. Chestnut, who has
now been or trial three days Tor the
murder of W. R. sabin, is now with
the Jury. Beginning last "Wednesday
morning the trial has moved swiftly
70 its culmi1 alton, and before anoth-
er day, pas ses the result Will be
known. Throughout the entire ordeal
Chestnut. has sat passive, not show
ing at any tines the emotions which
must have baen passing through him.
Tanning him self with a large palmet-
tn fan, the prisoner took the stand
Thursday an told his story, not fast
or slow, but moderately in even voice
and his voice never failed him
through the: examination. On the
second day during the hot midday
hours he ap1 feared somewhat fatigued
and droopins;, but outside of that no
appearance Of unrest was noticeable.
Throughout the trial 1t was appre-
hended that Mrs. Chestnut would be
placed on the stand, but neither side
called her. At different times it ap-
reared that both sides wanted her on
the stand, bat neither wished to FISK
1t. The prosecution when obJecting
10 allowing ChestaIt tc state what
his wife tol6 declared that she was IN
cal: and the defence could get her If
1t wanted. Towards the closing hour
of the Testimony Thu SHAY afternoon
the defence in reply to something
being said about an affidavit OF Mrs.
Chestnut, dared the prosecution to
call her.
Standing near the prisoner was his
sixteen year old son, Artie on the
three days of the trial. The first
day two Of Lis younger children were
with him for brief time, and on the
second day his daughter was pres
ent for tire Just preceding her tes-
timony. around the table OF the
prosecution were the two brothers
of the deceased, Messrs. Roy and A.
8. Sabin. /. little back was the un-
Gle, the only eye witness Of the shoot
ing besides he two principals, Mr.. C'
E. Cunningham.
= Throughout the entire trial the
courtroom was crowded. No trial
in some tine has attracted such
crowd and 4eld them. Atftimes the
witnesses spoke low, and it was diff
ficult for even those inside the bar 10
hear what they were saying. The
presiding Judge, J. W. DeVore' OF
Edgefield, Kept things moving and
ruled promptly on, several questions
which fell to his lot to decide.
In our list issue we gave a full
SYNOPSIS of the witnesses who were
examined Wednesday, and today fur
eher in this article we give synopsis
of the Testimony of the witnesses ex-
amined since then. The two versions
of the difficulty given by the dying
declaration of Sabin and the testi-
mony Of Cunningham differs from
that given by Chestnut. Below we
present the case made out by each
side relating to the shooting:
The State.
After having established the pre-
liminary ste ps, such as tracing Chest
nut going to the Dixie Lumber Co.,
and leaving it after the killing, the
prosecution brought forward the only
near-eyewitaess of the tragedy out
side of the oricipals concerned. c. E.
Cunningham who was working that
morning near the Office. He said he
heard a shct and upon entering the
Office saw Chestnut standing at one
end of the Gesk pistol in his hand,
end that Sa bin was getting up from
his desk when he entered. He (Cun-
ningham) demonstrated with him
while Sabi1 asked for an eXplana-
tion, but Ch estnut threatened the old
man, and stot the second time at Sa-
bin. At this time Sabin rushed Chest
nut and pushed him over some lum-
Der. While they fell with Sabin on
sop of Cheatnut the fatal shot was
fired.
A. S. Sa1in brother Of the dead
man, testified that he was with his
brother at he time just preceding
his death, nd told his brother when
they saw he was dying that they
ought to have had his statement. His
dying brother repeated the statement
in which he declared that he greeted
Chestnut Wien he came in and then
the defendant without explaining
shot at him. Still asking for an ex-
planation Chestnut fired at him the
second time. and the dying man de-
clared he rushed him. When read a
clipping from a paper charging In