The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-12-12
SLAYER OF E. P. BEST
CONDEMNED TO Die
JURY FINDS SCOTT MADISON
GUILTY OF SHOOTING
Gilbert Miller, Colored, Found Guilty
of AssaBltaRd Battery,
Gets 80 Days.

alty for the murder of Mr.. E. Pey-
ton Best in this city on the night OF
December 8, between Friday, Decem-
Der 49,, and Monday, December 22' in
elusive. Such was the sentence OF
Judge Gage late this afternoon, after
the Jury had brought in a verdict OF
guilty of murder as to Madison, and
guilty of assault and battery as to
Gilbert Miller, also colored. Ed Du-
rant. negro, testified this afternoon
that Mr.. Best pushed Miller, who was
standing in the door of tn o restaurant
out of his way, when he left the build
ing. and that Miller then threw bottle
at him and ran. According to the tes-
timony, Mr.. Best turned and asked
Scott Madison who hit him, the de-
fendant replying that the man that hit
him was the one running down the
street. Mr.. Best then turned to walk
away and the fatal shot was fired,
The testimony of Rufus James,
Mitchell Story and Julius Williams, the
prprietor of the restaurant and pool
room in question, all corroborated in
the mailn statements made by Da-
rant.
Major R. Boyd Cole testified to find
ing pistol under the depot, upon in
formation given by Andrew Simms, the
same being, it was alleged, the one with
which the murder was committed.
Other Witnesses.
/. DR.. R. C. kirkland testified as to the
nature of the gunshot wound on the
body of Mr.. Best-that the bullet en-
tered from the back and passed entire
Iy through the body.
Mr.. Alva Mellet, the undertaken, tes-
tilted that there was small bruise be-
hind the, left ear of the dead man,
which could have been caused by a
blow from a bottle.
Mr.. Vince Dunbar, who was standing
in the door way of Kearse's pool room
at the time of the tragedy, testified to
having seen the smoke from the pistol
Immediately after the firing of the two
shots; that Mr.. Best staggered towards
him and MIR. A. NJ Harden, exclaimins
as he fell, Boys, I'm shot That de-
ceased died Immediately thereafter.
Mr.. A. NJ. Harden, who was standing
by Mr.. Dunbar at the time of the shoot
ms. testified to having seen the flash
Of the pistol in front Of the negro res
taurant and that he caught MI. Best in
his arms as deceased was falling.
Andrew Sims, negro section hand,
testified that Scott Madison had at
tempted to buy his pistol-a 3S-calibre,
left hand wheeler-from him on the
afternoon of the defendant have it and
that it was later stolen from his trunk,
presumably by Madison; that after the
killing Madison returned the pistol and
said that ne had killed white man;
that witness became frightned and hid
the pistol undel the A. C. L. freight
depot
Albert Cave, colored, testified that a
negro threw bottle at Mr.. Best, who
turned and asked who hit him. No one
replied. and deceased then turned and
started up the street, when a negro
snapped a pistol at him three times
Another negro, he said, then fired the
shots, one of which hit MrBest in the
back. Witness could not identify the
assailants, who were strangers.
MadisOns Story Weak One.
Scott Madison is from Remini He
was put upon the stand in his own de-
fence, and told a story entirely at vari-
ance with the testimony of the wit
nesses for the State. So unsupportable,
was his testimony, that he got badly
mixed in the telling and no weight was
given to it whatever. He denied doing
the killing, but said that it was done
with the gun he had gotten from An
drew Simms. He accused one Seaman
Moore of the crime.
Gilbert Miller testified in his own be-
half, and apparently told straight
forward. story, impressing his hearers
with the truth if his statements. He
admitted buying bottle of wniskey in
the restaurant; stated that Mr.. Best
had pushed him out of the way, and
that he was quite a good distance off
when the shots were fired. He later
met Madison, who, he said, admitted
having shot white man.
Two negro women and Seaman
Moore were put on the witness stand