The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1915-12-15
IsENHONER' FREED
ALL TESTIMONY In AND CASE Is
Now READY FOR JURY
FIVE men saw HIH sLAY

State Makes Strong Case-Dsfendan
Admits Shooting at Boulware, VIII
He Says bad Shot at Hina-Plead
Self-Defonce - Threw Away hi
Pistol After tho Staying.
After being out two hours, the jsr
trying Ernest Isenhower returned
verdict Friday afternoon at S.S'
o'clock Of mot guilty" The oshe
Isanhower cases were continued unti
the April term Of court
Every seat in the York court room
was occupied when court convened a
9.4s Friday morning. Many person
were turned away by the bail1ff be
cause there was no place to seat them
The York county court house audl
torium will seat only about $40 per
sons.
Before former Gov. Bleass con
cludsd the argument Of counsel fol
the defense, Judge Rice warned the
audience against making any express
sisn Or indication of approval Or dis
approval Of anything that Gov
Bleass or Solicitor Horny might %!
in their appeals to the jury.
Although the jury have been con
Aned in the court house three days
the members Of the jury appeared
cutie fresh when they cane into the
eeart room at 9.45.
Former Gov. Blease spoke cne
hour and 10 minutes. He failed tc
inject politics into his remarks. AZ he
was expected to do, but dealt with
the facts in the case almost wholly
In conclusion hs told tho jury tha'
the state OF South Carolina was
watching them en6 waiting their YER
diet with interest, not because OF
Ernest Isenhower or the law OF South
Carolina, but because they were an1-
ious to see whether the II men
would uphold tie women OF South
Carolina.
whether or not The law OF South
Carolina is binding or Is waste paper
was the question before the jury. >
declared Solicitor Henry, who closed
the argument Of counsel Tor the
state. "You must try this case IN
accordance with the statute law and
the testimony" said Solicitor Henry.
ssIf you disregard the law, then there
is no safety in this country" Solicl-
tor Henry spoke about one hour.
In his charge to the jury. Judge
Rice told that body they could not
return q verdict on the grounds or
the "unwritten law" The indictment
was handed to the jury at 1 O'Clock.
After the dinner recess Thursday
afternoon A. E. Hill, solicitor OF the
seventh judicial circuit, opened with
argument for the state. and wSs 1ol-
lowed by 4. L. CASTOR OF Chester, at
tornev for the defense. After MT.
Cation, T. F. McDow Of York. fo-
the state, and John r. Hart OF York,
for the defense, respectively, pre-
sented their side OF the case to the
Jury.
zach side vas allotted two hours
in which to present its arguments
The following summaries OF the
testimony given on Wednesday sno
Thurrdsy are taken from The News
and Courier, to whom they were dis
patched by Mr.. L. H. WsnnamaKer
.Jr.
These Eve witnesse, declared they
saw Eisenhower shoot Boulware; A
Leo Scrusgs, county treasurer: w.
W. Turner, superintendent OF eouca-
tion: s. Y. Rose, George n. Clowney
and A. W. Brice. all Of Fairfield
county. The testimony OF these and
other witnesses waS substantially 10
agreement as to the circumstances
surrounding the alleged shooting OF
Boulware by Iserhower, therefore, q
synopsis only Of Mr.. Scruggs' tssti-
mony is given:
Mr. Scrugss gave his version OF
the tragedy from the time Sheriff
Hood and his deputies entered the
Court House yard with the prisoner,
Jules Smith, whom they had just
brought from the State penitentisry
BY automobile, % the last shot which
witness said he saw Ernest IsenhoWer
Ere at Boulware.
According to the witness, Sheriff
Hood, his prisoner and Clyde Isen-
hover, the latter brother OF the de-
fendsut, had already been shot.
Hoods deputies and Smith had gone
on up the steps into the Court House
when Officer Boulware. who had been
in the sheriff's party, was seen COM
ing down the steps.
When Boulware was part OF the
way down, said witness, Isenhower.
who was on the ground. stepped to-
ward the steps and fred point blank
at Boulwsre, who stopped suddenly
turned around and went rapidly up
the steps and into the court room.
DR.. J. E. Douglass OF Winnsooro
testified that Boulwars was shot
about the middle c: the abdomen:
that the bullet, which never was
located, had necessarily come from
below where Boulware was when
shot.
With one or two executions the
witnesses stated that Boulware had
no weapon in his hand at any time
during the shooting. Turner testified
that Boulware, after being shot
reached for his pistol, but did not
draw it.
A. ". Brice testified that Boul-
ware drew pistol after he was shot
BY Isenhower and Isenhower ran b.
hind 2 column No witness testitec
that Boulware drew = pistol or had
one III his hand before he was shot.
Other witnesses besides those men
toned said they saw Isenhower shoot
toward the steps, but could not tell at
whom he shot.
W. C. -Cathcart. former police chief
of Columbia. and until recently con-
uectei with the dispensary rai6ins
squad in Charleston. was the hrst
witness for the defence. His testi-
mony had no direct bearing ca this
case. Judge Rice would not permit
witness to say whether or not jules
Smith made q statement to Cathcart
and Hood at the penitentiary. whore
the negro was confined while for
safekeeping. Cathcart wa5 chief In
Columbia at the tima.
U T JothaO's story of the tragedy