The county record. [volume] (Kingstree, S.C.) 1885-1975, 1921-06-23
TOM POSITION GETS
LIFETIME SENTENCE
JURY RENDERS VERDICT OF
MURDER WITH RECOMMEN-
DATION TO MERCY.

Thursday evening of last week, was
brought to a close Saturday afternoon
when the jury reached verdict o.
guilty of murder and asked the mercy
of the court.
This case has been one of the most
strongly contested ones ever tried in
the COURT here, both sides being rep
resented by able counsel. Solicitor
Mcleod was assisted in the prosecu-
tion by Mr.. Leroy Lee, Esq, and
Congressman P. H. Stoll, while the
defense was represented by Kelley G.
Kinds, Esq.
When the case was called for trial
attorneys for the defense made mo-
ton for continuance of the case un-
til the next term of court, stating that
the defense had not had time to make
thorough investigation and procure
witnesses whose appearance was OF
material interest to the defendant
The defense pointed out further that
one of the witnesses-the only known
eye witness to the killing-was con-
fined to her home on account of i'll
ness. The State elected to admit the
evidence of this witness as made at
the inquest and the plea for con-
tinuance of the case was rejected, the
court ordering the case to proceed.
Interest centered particularly around
the testimony of witnesses brought in
to prove and disprove statements
alleged to have been made by the de-
fendant, both before and after the
killing, tending to show that the kill
ing was the outgrowth of i'll feeling
which had originated some months
ago, and eliminated with the collision
of their cars on the public road be-
tween Kingstree and Lake City, on
the night of May z when the shooting
took place.
One of the witnesses, M. E. King
of Lake City, stated that late one af-
ternoon during last December. he hap
pened to be standing near Tom Pos
ton and two othec young men whom
he did not know. That while standing
there the deceased, ]. H. Miller, pass
ed by and he overheard the defendant
make the assertion that should he ev-
er meet Miller outside of Lake City
that he would kill him.
Another witness for the prosecution,
MIR. Stephen Bird of Lake City, stated
that on two occasions Tom Poston had
approached him end told him that he
had grudge against Miller and that
he was "going to get exen with him"
Several other witnesses were also
brought in by the prosecution relative
to statements Poston was charged
with having made the next morning
after the killing took place. These wit
nesses made the assertion that Poston
did make the statement that Miller
@got hard and he shot - out of him"
and also that Poston stated that
81 did not pull my gun for display
] pulled it to shoot. guess ! will
get the electric chair for it, but !
don't care" Several witnesses were
put up by the defense to offset this
testimony, who stated that they were
in the car which Poston occupied from
the time he was brought to the scene
of the shooting until the sheriff took
him away, carrying him to the jail
at Kingstree, and that he positively
did not make the alleged statements.
Further testimony by DR.. E. 7. Kel-
ley, who had made thorough exami-
nation of the wound inflicted in Mil
lers head tended to show that it was
a physical imposSibility for Miller to
be in position to defend himself and
receive wound inflicted in the man
ner this seemed to have been dealt.
The defendant, when placed on the
stand, stated that when the cars col
ided Miller began to curse him vio-
lently. That he (Poston) told Miller
to hold on, friend. That Miller said
that he was the friend who was going
to shoot his sbrains out. That Miller
got out of his car and begun
to tumble with his pistol, and that
he (Poston) drew his pistol and began
firing, shooting three times, the last
taking effect.
The jury, who were selected after
each side had exhausted their chal-
lenges provided by statute, were as
follows: J. S. Britton, R. c. Flowers,
J.W. Kirby, ]. H. Alsbrook, ]. C. Nc
Clary, H. D. Shaw, S. R. Walters, j..
A Mccullough, r. H, Erwin, c. j.
Marlborough, 1. W. Cockfeld, and G..
Brewster Crib.
Defendants attorneys have filed no
tice of appeal to the supreme court
for a new trial, which notice will act
as a stay of sentence for time.