The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1912-04-25
PRELIMINARY HELD.
All Parties Give Bond for Trial at
Circuit Court.

| last Wednesday only tnfee OF the
men charged with the hold-up of De-
| tectives F. c. Garner and E. F. Cart
er had been arrested. During the
day Messrs. W. D. Blume and Ernest
Dodd came in. and next morning Mr..
! McPhail, who was in Augusta on
business came in on the morning
train and surrendered to the sheriff.
The preliminary hearing was held
| in the court house Friday, lasting
| most of the day. Solicitor Gunter
came down from Aiken, and he with
B. ". Miley, Esq, represented the
State. The defendants were repre-
sented by S. G. Mayheld and H. NJ.
Graham, Esqs.
The hearing was most quiet and
orderly, and there was no excitement
or anything to indicate that any dis
order was feared. The only wit
ness sworn was Detective F. G. Gar
ner, and his examination and the
cross examination took several hours,
as a stenographer could not be OBJ
tained and the testimony had to be
taken down in long hand. This pro-
longed the hearing a great deal.
Garner testified that he and Carter
left town Saturday afternoon, going
to Denmark, that they left because
they had been informed that there
might be trouble, and they wished
to avert it. That they were over
taken by the crowd of six men, arm
ed with pistols and a shot gun and
they were told to throw up their
hands, which they did. That they
were then relieved of their pistols,
and were asked what authority they
had. They showed their commissions
from the governor, which were read
and handed back to them. That
they were told they should not be
harmed, and while two or three shots
were fired around their feet and
Brabham's hat was thrown up and a
shot fired through it, they were not
harmed. That they were told not to
come back to Bamberg, and that
when the crowd left them they all
shook hands with them. Their pis-
tolls were given back to them and
they went on to Denmark. Garner
stated that Frank Brabham took no
part in the affair.
There was a good deal of good
natured repartee between the at
torneys during the cross-examina-
ton of Garner, and when Garner was
finally disposed of as a witness So
licitor Gunter stated that Carter
would testify to practically the same
thing as Garner, but as it took so
much time, he would not put him up.
He then asked that the charge
against Mr.. Brabham be dismissed,
and the other five defendants, name
ly Messrs. w. L. McPhail, w. d.
Blume, Ernest Dodd, David Robin
son, and J. H. Lott, be bound over
only on the charge of riot and carry
ing concealed weapons, as he said it
was clearly shown that the men took
no property from the detectives with
any intention to keep it, and that no
charge of highway robbery could be
ubstantiated, therefore he would
withdraw it.
This being only preliminary
hearing the defendants could not
offer testimony in their behalf.
The question Of the amount of
bond was then discussed and Mr..
Mayfield said he was perfectly will
ing to leave the amount to the So
licitor, but Mr.. Gunter said he did
not know the circumstances of the
parties and that the amount OF bond
might better be left in the discre-
ion of the magistrate. Bond was
then fixed at $500, which all at once
gave and were released from custody.
The solicitor at first stated the
charge of carrying concealed weapons
would be tried by Magistrate Free,
and the case was set for to-day
wednesday, Tuesday morning,
however, he called the magistrate on
the phone and stated that after con-
ferring with the governor, they
thought it we'll to let all the cases
be tried in the circuit court.