The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1917-01-25

4. l.. CLAYTON. SOll-lu-ld" VI WI
George HERS, said that he lives with
the defendant. Went to town late
in afternoon of day Of killing, in
company with John HERS and George
HERS, in John Hiers's automobile.
He testified that the electric lights on
the car were not bright. Were trav-
cling 10 or 20 miles per hour, went
slowly through the street. George
HERS got out about postofflce, car
went on to barber shop, where wit
ness got out. John went on to hard
ware store to get some automobile
supplies. Witness remained at BAR
ber shop only two or three minutes,
the shop being crowded. When he
came out, he heard Kinsey hail
George HERS, saying Hold on, we
might as we'll settle now as any
time," or something to that effect.
HERS said to kinsey, Don't do that,
Charlie and saw HERS shoot him
with gun. The gun failed to fire the
first time, and the next time both
barrels were discharged. Then saw
defendant fire with pistol very rapid
ly. The surroundings were pretty
we'll obscured by smoke. Witness
then said he went to HERS, took him
by the arm, and toeether they went
to the automobile, got in and went
home On cross examination, the
witness said that they had left home
about dark, With John HERS driving.
That George HERS got out at the
postofice to mail a letter; that
George HERS had come to town to
have his gun repaired at the hard
ware store. Witness did not know
why the defendant took the gun out
with him at the postoffice. Witness
said that Kinsey was standing on
the sidewalk in front of his store,
that HERS had passed him when he
was hailed by Kinsey, and HERS turn
ed around. Witness could not say
that Kinsey tried to pull pistol. Did
not know where Kinsey's hands were.
Did not hear Kinsey say anything
other than hail HERS. Kinsey fell
back in door when he was shot. Wit
ness said that engine of car was not
running when they got in. HERS
said nothing when he got in car.
That HERS did not have gun to
shoulder when he fired, but in hands.
Replying to questions by Mr.. May
field witness said he was excited,
that the whole affair was over in a
few seconds, and that he could not
have taken in everything that oc-
Cured. That HERS was on the left
side of Kinsey, toward witness; that
HERS Gid nothing to bring on the
trouble. That the car was a Dodge
and that it had self-starter.
D. P. Smith was the next witness.
He said that Kinsey had made threats
| against HERS and his sons. That the
deceased had asked the witness to
see HERS about settling the liquor
case, and upon his insistence had
| promised to do so. Kinsey had told
him that he did not expect to go
into court; that he would kill HERS
| and then kill himself; that he had
insurance on his life, would take out
$4,000 more. Witness testified that
he saw HERS and got the matter set
tied. After the settlement, Kinsey
had hold him he was glad it was set
tied, and that he appreciated wit
ness's part in effecting the settle
ment. That Kinsey and the HERS
were friendly at the primary elec-
ton. Had heard that Kinsey was
again arrested. Did not tell HERS
of the threats he had heard. De-
ceased's reputation was not good.
Cross examination: Is second
cousin of HERS. Did not know who
arrested Kinsey the second time. Kin
sey was reasonably peaceable when
sober. By Mr.. Mayfeld: Never
heard HERS make any threats against
Kinsey. Kinsey was rather rash.
Haigler Hughes testified that Kin
sey's reputation was bad. That Has
kell HERS was at his house night of
shooting.
DR.. J. L. Copeland testified that
Kinsey's mind seemed to be irration-
al; that Kinsey used morphine, and
seemed not to be himself at times.
The town had had good deal of
trouble with deceased. The de-
ceased's attitude toward the HERS
was hostile after the liquor trouble.
In reply to a question from the So
licitor, witness said that the town of
Ehrhardt had had trouble with the