Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-04-23
FIVE TO ANSWER RIOT CHARGE
Bambers Men Bound Over to the Cir
cult Court.

Bambers Men Bound Over to the Cir
cult Court.
In the preliminary hearing at Bam-
berg last Friday, of the alleged hold
up" case, five Of the defendants, w.
L. McPhail, ]. H. Lott, w. d. Blume,
Dave Robertson and Ernest Dodd were
bound over to circuit court under $500
bonds, on the charge Of riot. says the
Bamberg correspondent Of the News
and Courier. The charge against Frank
Brabham was dismissed by Solicitor
Gunter. Magistrate II. d. Free con-
Quoted the hearing.
The state was represented by Solic-
itor Gunter and B. w. Miley, and the
defendants by ex-senator 8. G.. May
was under two indictments, one charg-
ing highway robbery and the other
riot.
The defendants, w. L. McPhail, j.
H. Lott, w. d. Blume, Dave Robertson,
Ernest Dodd and Frank Brabham, who
have been confined In the county jail
since their arrest, were brought into
the court house, where the hearing
was held.
Quite a large crowd of spectators
and the squad of twelve state consta-
bles were present and the best Of order
prevailed throughout the hearing.
When court was opened Mr.. May
field Of counsel for the defense, moved
that all persons in the court room be
disarmed before the hearing was COM
menced. Magistrate Free thought such
action was wholly unnecessary and
overruled the motion.
Mr.. +. G. Garner, one OF the state de-
tectives sent here by Governor Blease.
was sworn and put upon the witness
stand.
After relating that he was state
detective sent here on April 3 with e.
F. Carter, for the purpose of looking
up violations of the prohibition law,
how cases were worked up against GER
tain persons and arrests made on Sat
urday, April 13, he reached the time
when they left Bamberg and In regard
thereto he testified as follows:
"On Saturday, after adjournment of
road towards Denmark; kept on the
railroad all the way. It was about 8
o'clock in the afternoon. We were to
come back Monday morning. We
were going to Denmark to avoid trou-
BILE we had been advised Of by the
chief Of police and Sandy Nevils. We
were interrupted on the road about
half way between Bamberg and Den
mark, near a public road crossing. An
automobile passed us just before the
interruption. This was just after we
passed saw mill. Messrs. Robertson,
Blume, Lott, Dodd, McPhail and Frank
Brabham were in the party that came
upon us. McPhail and Blume. a little
in front of the others, with pistols In
their hands, and Lott with shotgun
Robertson with a pistol and Dodd
sometime afterwards had q pistol
Brabham did not have a pistol and at
the time was out In the public road
about twenty yards from us In his au-
tomobile.
"Blume said. Boys, you are walking
out of town? That Is q bad sign
Throw up your hands,
He presented his pistol at us. Lott
also presented his shotgun at US and
McPhail also had his pistol on us,
Blume said: Throw up your hands
higher and we did so. McPhail then
asked us II we had pistols on US. We
told him we did. He said: Boys, take
them off of them Lott took mine and
Dodd took Mr.. Carter's. Lott put my
pistol In his pocket After Dodd took
Carriers pistol from him saw him
with the pistol in his hand.
"McPhail asked us what authority
we had here. We told him we were
commissioned officers under authority
of the governor McPhail asked us to
let us see them, which we did and
they read them and handed them back
to us. They did not take anything else
from us. McPhail said: They tell me
you are game men, I've been wanting
to meet game men, Lott cursed us
and said: You treated US dirty Nc
Phail said: We have these men dis
armed now. Put your gun down.
Put your gun down. speaking to Lott,
you shan't harm them Blume then
shot around our feet two or three
times.
After this Brabham came UP and
Blume jerked Brabham's hat off his
head and he and Robertson shot at 1t.
Blume and Robertson were the only
ones that shot their guns that know
Of There was cursing going on
Robertson and McPhail. Brabham said
nothing to me until he shook hands
with me and told me goodbye.
"Blume said: viii you appear
against me or any Of the boys here
Monday" We told him we would not.
We did not come Monday, for which
day the trial was set. McPhail said:
we will give your pistols back and let
you co. He told Dodd to give Carter
his pistol and he did so. He then told
Lott to give me my pistol and Lott re-
fused at first, but afterwards gave 1t
to me- McPhail then said: Now, men,
I am going to let you go. These men
came here to lynch you, and If we did
our duty we would do 1t, but we are
going to let you go now Lott said:
.TN ho nly Unl
will get you IL we have to do 1t on the
witness stand Lott then said: Now,
come back Monday morning.
"McPhail then said to US: Now go
ahead and understand II you come
back we will get you before you get to
Bamberg. We will place men at diff
ferent points on the railroad to see
that you don't get here
They all shook hands with us be-
fore leaving and put their guns up as
they went" He then described the
manner in which they put up their
fire arms and departed.
On the DISCRIMINATION the wit
ness did not deviate to any extent
rigidly questioned by the defendants
attorney.
Solicitor Gunter stated that e. F.
Carter would testify to practically
the same facts IL put upon the stand,
but did not deem 1t necessary to en-
cumber the record further.
He stated that he would consent to
dismiss the charge Of highway rob-
berry against all the defendants and
to dismiss both charges against Frank
Brabham, but would ask that w. L.
McPhail, J. H. Lott, w. D. Blume,
Dave Robertson and Ernest Dodd be
bound over to appear in the circuit
court under the riot charge.
Magistrate Free so ruled and stated
that he would grant bail to each OF
the defendants in the sum Of $500 II
good bondsmen are furnished.
Within one hour all the defendants
had given approved bonds and were
discharged until the summer term of
court convenes.