The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1922-01-25


Monday at .1:05 O'Clock, and "a mis-
trial Sordered by Judge Ernest Moore
Of La1acaster, who is presiding at this
term \of court. Mr.. Swygert is
chargedl/ith murder in the, killing OF
DR.. J.>CA Nicholson. The shooting
took piacr in the streets OF Leesvilie
on April 8 last year and DR.. Nichol-
son died iN hospital in Columbia
that night, where he had been taken
for treatnaen as result Of the
wounds. receiAed:
The ease agIinst swygert was called
for trial last Thursday at noon, and
the drawingaef the sury consumed
only about SO minutes, both the state
and the prosecution either accepting
or rejecting the Nnen as they came
forward in short order, the state OBJ
jecting to four and the defense to ten,
the number allowed by law.
DIR. Sam. f. Hasman' Of Columbia.
who was called TO 4.eesville at the
time the shooting 5occl lrred to attend
DIR. Nicholson, WIS the first witness
for the state, and he testified as to
the wounds which caused his death,
+ The State next Drese1tted, Lester
+ Hite, an eye-wi1ness tos 4e shoet-
ing. He testified that he, IL OK
ner, Policeman Derrick and pr. Mich
olson were in front of Mr. oxner's
store. when Mr.. swygert camel up .un-
observed, and told Dr. Nicholson;
"I'm going to stop you from telling
those d. lies on me and my faraiiy
eto ruin u.s. and at the same time.
grabbing DR. Nicholson by the sRoui-
der, at which time DE-. Nicholson
.eaught Mr. Swygert by the arms above
: the elbows with both hands. At this
time Swygert started shooting, firing.
-four shots before Nicholson fell and
one after he was on the ground.
= Mr.. s., L. Oxner, next witness for
the state. substantiated the testimony
of Mr.. Hite, except he said Mr.. swy3
CERT touched DR., Nicholson on the,
ssshoulde as he spoke to him. s IL % 3
6 Der
'Ticsfssfaifgd s
walked ssyy Dr. ,Iieholson, turned and!
asked him: Nick, when are you
going to stop telling them lies on me
and my faniiiy?' and that DR..
Nicholson either grabbed Swygert by
the arms or hit him, he could not say
which, and that Swygert then shot
Nicholson, and as Nicholson was fall
ing he placed his hand on his hip
pocket either to draw a pistol or to
help recover himself, he did not know.
which. -. ~. ;: &. z. ~. = i i
Mr.. Swygert. on the Sand in his
own behalf, testified that he was on
his way to a. store at the time Of the
shooting to buy aNcigar and that he
did not know that Dir Nicholson was.
there until he was sswithin "a few feet
OF him. That he asked Nicholson
when he was going to stop talking.
about he and his family. and that
Nicholson struck him on the shoulder,
caught him around the neck with his
left hand and reached to his hip pock
ct with his right, whereupon he fired,
in self defense, believing his own life
in danger. =
(. There was no testimony to proye.
that Nicholson was armed at the tirae,
but the defense offered testimony tc
the effect that DR.. Nicholson i,aa
made slanderous statements about.
swygert and his family, and it was
also testified that DR.: Nicholson had
been seen with a pistol the day be-
fore the killing. the state offering con-
vadictory evidence.
!. IN all the state put up ten witnesses
and the defense fourteen. The testi-
nony was concluded at II O'Clock
Saturday morning. and the arguments
of counsel begun. Solicitor T. c..
CaIlison, e. w. Crouch and Cole l..
Blease spoke for the prosecution and
&C.. L. Shealy, G. T. Graham. E. L..
Asbill and George Bell Zimmerman
for the defense. The case went to:
the jury at $40 Saturday afternoon. 4
The jury was composed Of the fol-
lowing: c.. Ernest Livingston, fore
man; Forrest NJ. shealy, W. Scott
Hook, Rufus Hall, j.. W. Dooley,
Lewie P. Bars, c.. W. Barrett, j.
J. Eoland, Paul w. Miller. ). Alfred
Keisler, Earl 3. seay, and Yick r.
Harman.
The state was represented by Z. c..
CaHison. solicitor, Cole L. Blease of