The News and Observer VOL. XXXVIII. NO. 133 TDfIE LAffeOEST gBOI]3©W)ILATD®K) GDF &STO KKDDBTM (MMUIIiM HD&DOT. THE SHEMWELL TRIAL THE GROUNDS ON WHICH THE TWO SIDES WILL FIGHT IT OUT. SELF-DEFENCE WILL BE THE PLEA The State Will Attempt to Show That Sheiuwell Came op Behind Dr. Payne and Shot Him Without Provocation While the Defence Will Seek to Prove that the Paynes Had Formed a Con spiracy to Shoot Sheiuwell on Sight— Yesterday’s Proceedings in Court. Special to the News and Observer. Lexington, N. C., July 6 It seems fair to say that the theory both of the prosecution and of defence is sufficiently apparent to say that the State will claim in alleged consonance with the testimony yesterday of Dr. Payne that Shemwell came up behind him and his father and without warning shot old Dr Payne down in cold blood, with the intention of shooting young Dr. Payne also. The contention of the State, it seems almost certain, embraces all this claim. Appearances indicate that the defence will stoutly hold that there was a con spiracy between Dr. Payne and his son to attack and shoot Shemwell when the first fight of the morning occurred And that is why so much store was set yester day upon the late coming evidence of Dr. Payne, which, however, he said he would have given sooner had he been asked or thought of it. In this testimony Dr. Payne said that he opened the door, heard friendly words between his father and Shemwell and then closed it. Moreover, it seems from the trend of the questions, that the defence is try ing to establish the fact that at the time of the second shooting, one of the Payn s attacked first, and to day Mr. Watson called attention to the dent in the unex ploded cartridge in the pistol carried at that time by young Dr. Payne. But the witness, Policeman Michaels, snid he did not think the dent came from a snapping of the hammer, and therein lies the rub. There were, however, some new facts which came out from witnesses to day for the State, the first three simply in corroboration of Dr. Payne, and not con taining any new matter worth attention But W. B. Hamner was called as fourth witness. He is a harness maker living quietly across the street from where the tragedy occurred. He was in his shop at work and saw the Doctora Payne going down the street. In a moment he heard little Dermott, Shemwell’s son, crying earnestly from across the street, “Papa, papa,” and ‘‘l saw him making gestures,” continued Hamner. Hooking out Hamner said he saw Shemwell just across the street walking very rapidly. He stepped to the door and Shemwell was four or five steps behind the Doctors Payne with a pistol in his left hand Reaching the Paynes Shemwell threw up his right hand and fired into Dr. Payne’s bosom. Hamner said he couldn’t see Shemwell’s right hand but that he had not shifted the pistol. Watson attacked the eyesight of the witness, who said he was sixty-three, aaklhis door and window was distant 6 orTfeet and the window not a particul arly clean or particularly dirty one. Watson’s questions, moreover, inferred that if Hamner heard little Dermott’s ex clamation at that distance young Dr. Payne should have heard it too at closer distance" as he knew the boy well, little Payne being a playmate of his. Hamner said in reply to a question from Mont gomery that he was no relation to Payne and that his, Hamner’s, son was now working for Shemwell. John W. Lee. chairman of the board of county commissioners, was called, and said he heard the prisoner give him self up to Sheriff Leonard after the kill ing, and heard him then say, “I have accomplished what I had determined to do.” He said he was no kin to any of the parries. Cross-examined by Watson he said he didn’t go into the store at all where Shemwell gave himself up, but he said he was right near to the door. Asked if he would stick to his statement if all the other folks present in the store said differently he replied “yes.” D. D. Cutrell, a drummer, who was here on the day of the killing, said he had never before then heard of any of the parties, and saw Shemwell go in to his drug store and come out quietly and then up the street in the direction of the Paynes; saw Shemwell reach to his pocket; saw his coat tail fly up; saw Dr. Payne turn and saw the smoke of the Eistol. On cross examination, he said e simply saw his coat tail fly up, but did not see him pull a pistol Another drummer, J. W. B Battle, of Tarboro, said in his evidence that he heard, after theshootiDg, little Dermott say, “Mama, I have saved papa’s life by jerking the pistol out of Dr. Lee Payne’s hands.” He said he did not hear but oue fire, under cross-examination. The atternoon was almost entiiely consumed by witness J. L Michaels, the policeman who arrested Shemwell and the Paynes. He was followed by Dr. Long, who testified to the cause of autopsy, etc. Michaels said he saw Shemwell and Pavne in the barbershop Saturday night before the Monday shooting, Shemwell walking to and fro and saying some thing about Payne interfering with his business. Dr. Payne, he testified, said: “If you let my business alone I’ll not in terfere with your's, and there will be no trouble.” Shemwell said: “You shall let my business alone, or there will be trouble.” Under cross-examination this statement was changed to run thus: “They said if there was no interference with one another’s business, there would be no trouble and if there were such in terference there would be trouble.” Michael’s evidence described mostly what has already been told, with the ex ception of his relations with the prisoner and the Paynes that day. Michaels failed to take Sbemwell's fire arms away from him by force or refusal of Shemwell to give them up and finally wound up by giving back to Shemwell £the pistols already given up to him, on condition that Shemwell would lay them away in his d:awer in the drug store, which was done. It was a little after the laying away of these pistols in the drawer, that the same pistols were brought away from the scene of the killing. Two pistols of the Paynes, also were brought away from the scene and a few days later another pistol was brought to Michaels seemingly the same one which S. E. Williams had lent to young Payne after the appearance in court. One of Michaels' statements was “I says, ‘Now Baxter give me the pistols,’ and he says, ‘No we will go to the drug store and lay them away.’” While Michaels had gone to arrest the Paynes, he left Shemwell in the hands of other officers, but on returning with the Paynes, he left them for some reason, and went to the drug store and found Shemwell out of the hands of the officers with whom he had left him. Then Shem well went to the court house with Mich aels, who went back to the drug store and fiaally found out, after difficulty, that the pistols were still laid away in the droWjr and were still logically on Shemwell’s person. All the pistols were exhibited in court and Michaels was sent to a back room to unload them. In unloading them one of the empty shells that contained the bullet that, of the two shots, may have been the one that killed Dr. Payne, fell on the floor with a hollow sound that was heard over the court house and which caused the women of the Payne family to bury their faces in their hands. On cross-ex rmination Michaels said that the old doctor said he had gone to make friends and he was sorry now that he had gone. Michaels said moreover, that in the trial the old Doctor said he would have to put his spectacles on to sign the bond. Upon which Shemwell said, “I wish I had got the other.” Mi chaels said he was sitting between Payne and Shemwell, but under Watson’s ques tioning changed his statement and said Robbins sat there. Again Michaels said that just after the shooting he met Shemwell near the fatal spot, and he said to him : “June, I thought you told me you disarmed these men ?” and I said to him, ‘yes, and I thought I did.’ ” This statement, too, was changed in a few moments, Michaels saying he could not locate the place, and the evidence was excluded. Mr. Michaels had gone through a scorching ordeal. Over forty of the best women of the town were in court to day outside of the bar. The house was densely packed and attention united. The relatives within the bar were about the same as yesterday. Charlie Christian another eye witness agreed with the other eye witnesses save that he positively swears that pistols were drawn by Bhemwell some distance before he reached the Paynes, and that he walked along with them in his hands, and also that there were two shots; that he heard both reports and saw both pis tols smoking in Sbemwell’s hands. This witness got rather badly bothered as to the location of the homicide, on cross examination. Court adjourned till Mon day at 10 o’clock. The prosecution and its fnends are free to claim that the statements set forth in its affidavit, alleging that nearly all the men of morality and intelligence in the county had formed and expressed an opinion, has been fully sustained by the jury that was finally selected. The Payne side, not necessarily the lawyers alone, say that those men who were ex amined and whose faces and appearance were marked by intelligence and the higher sort of respectability, were found almost invariably to have formed or ex pressed an opinion. Therefore, the claim is made that the State is under the burden of not being able to have its side heard by the better people of the county. On the other hand, some people claim that the jury is an average one, and represents about the rank and file of the county, while to a stronger eyes, the jury, in perfect candor, does not seem to come up to the average appearance of what a county might put forth as a jury, yet here comes again the sugges tion from the other side, was it contem plated by the Anglo Saxon arrangement of juries hundreds of years ago to put altogether the finer sort of cised issue of $4,000,000 of Savannah and Western four pic cent bonds is abandoned, and the Georgia Central consolidated mort gage is increased to $16,000,000. Sa vannah and Western bondholders are to be given an exchange for their bonds 55 per cent in consolidated mortgage bonds, 35 per cent in first preferred incomes, and 25 per cent in second preferred in comes. No Truth in the Settlement. New York, July 6— Vice-President Wm. H Baker, of the Postal Telegraph Company, said to day that there was no tiuth in the story published in Chicago to the effect that the Standard Telephone, which is backed by the Standard Oil Company had secured or was about to secure a controling interest in the stock of the Postal Telegraph Company with the view of entering the field as a com petitor of the Bell Telephone Company. A Chinese Loan Completed. Berlin, July 6. —Advices received here from St. Petersburg say that the ar rangements to issue the £16,000,000 to China on Russian guarantee have been concluded, and that all the papers will be signed to day. SStLIiHiQ) jq A.iquj V IT BROKE UP IN A RIOT UNHAPPY ENDING OF A HAPPY CATHOLIC SUNDAY SCHOOL PICNIC. THREE PERSONS WERE KILLED. And One Hundred Others Were In jured, a Number Fatally—The Riot W as Oue to the Outgrowth of Relig ious Differences and the Church is Now Converted Into a Hospital—One Hundred Persons Participated in the Conflict—Another Version of it. English, Ind., July 6—A desperate riot occurred at Siberia, Berry county, in which 1,000 people took part. Siberia is a Roman Catholic commun ity and yesterday the inhabitants were enjoying a great picnic in the woods when a gang of disturbers appeared on the scene. The priest who was present counseled his people to avoid trouble if possible and to pay no attention to the jeers of the half drunken maurauders. Mistaking this tolerance for cowardice, the intruders became bolder and precipi tated a fight, which, in a few moments, assumed the proportions of a desperate riot, in which every body took part. Clubs, chairs and beer bottles were brought into play and the peaceful pic nic was immediately transformed into a great group of struggling, cursing men and screaming women. The scene of the frightful panic riot at Siberia in which three persons were killed and fifty injured, a number fa tally, resembles a battle field after a severe encounter with the exception that the dead and wounded have been re moved. Broken bottles, clubs and splintered chairs litter the ground for half an acre. The sod, which was torn up by the struggling mass is tinged with blood and bloody garments torn off in the desperate encounter are strown every where. Up to this time there has never been a serious outbreak between the German Roman Catholics and their opponents in the vicinity, although there have been minor encounters indicating that the feeling of bigotry was growing. The riot was largely the outgrowth of religious difference. A thousand people partici pated in the conflict. Over 100 were more or less seriously injured. The little hamlet consists of a store, a restaurant and a Catholic church. The latter is now converted into a hospital. A Free-for-all Fight. Louisville, Ky., July 6.—A special from Huntingburg, Ind., says: The re ported riot at Siberia, Berry county, on the fourth inst., turns out to have been merely a free-for-all fi ft -ht, ’be result of jealously between two young men, cou sins, who were paying attention to the same young lady, and was not brought about by religious discussion as reported. Four young men were pretty badly used up and a great many who were engaged in the fight were considerably bruised. No deaths will occur from injuries re ceived in the affray. IN THE VIRGINIA COAL FIED* All in Quite at Pocahontas but Trouble is Feared at Eikhorn. Blubfisld, W. Va., July 6.—There is nothing sensational in the condition of affairs at Pocahontas, Ya. Major Sim ons reported that the coal companies there are working a larger force and get ting out more coal than at any previous time in the history of the operations. He reports that there was a great deal of disorder and drunkenness on the Fourth and that the West Virginia miners made an ugly demonstration at the tun nels near the town. Fully 500 men at tended this meeting. Many of them were armed with Winchesters and diffi culty was narrowly avoided betweensthe strikers and the railroad guards In a telegram to Gov. O’Ferrall, Maj. Simons says that in his opinion, unless Gov. MacOorkle sends troops to Eikhorn there will be trouble. The miners are reported as being demoralized, hungry and desperate, and they are known to have a large supply of arms on hand and every means is being used to deter the working men from entering the mines, Lawless, their leader, is growing bitter and the element which he now controls are said to be unmanageable. Gov. MacOorkle has been notified by the operators of the change of affairs and a telegram came this evening to the local company here to be ready to go to the fields on a minutes notice. The companies in West Virginia were mining to day but apprhension exists that an outbreak is not far off. The firing of guns and the use of dynamite in blowing up loaded cars has compelled the coal companies and railroads to increase their guards. MacCoikle’s View of the Situation. Charleston, W. Va., July 6 —Gov. MacCorkle’s representative at Eikhorn wires today that operators have made formal demand upon tho sheriff of Mc- Dowell oounty for protection against a threatened outbreak of miners in that region, and the sheriff has virtually ad mitted that he is unable to give it. He has, however, made no demand upon the Governor for the military, although , Gov. MacOorkle states that he is in con stant expectation of such a demand. The Governor states that while the , men never, during the strike, committed j any infraction of the law, yet within the past few days the outlook has materially changed. Instead of being content to ] wait for work to resume, the men are i becoming restless and are congregating I PRICE FIVE CENTS. at various places. Many of them are carrying arms. Several of the operators have tried to resume with non-union men brought from Virginia and against them the feeling among the strikers is very strong. I,arge bodies of men, some of them armed, are marching up and down the valley and while committing no overt acts still are practicing virtual intimi iation. A large body marched last night to North Fork, with every seeming intention to violence but were prevented by arrival of guards from doing any harm. “The situation,” says the Governor, is very serious as the men have been long out of employment, have exhausted every means of living and are evidently determined that non-union men shall not work. No outbreak has been com mitted, but there is no telling at what moment theymayburn tipples and destroy railroad property. A conference between operators and the sheriff will determine the future condition of affairs this even ing. I have the situation thoroughly in hand and in case of an outbreak feel able to give absolute protection to all. Spe cial engines are in readiness to take troops to the field of trouble and owing to actual service last year, the troops are evidently well qualified for good service. All is Now* Quiet. Huntington, W. Va., July 6.— A dis patch from Eikhorn says everything In the mining district is quiet and that no outbreak is expected to-night. The ru mor that the strikers are going to make an effort to destroy property seems not to be well founded. All three companies of milita iu this county are still assem bled at their armories but Capt. Lyons of the Second regiment thinks their services will not be needed. TO COLONIZE THE NEGROES. Immigrants Wanted in the Congo Free State to Cultivate Tobacco. Los An' ILKS, Cal , July 6.—The Gov ernment of the Free State of Congo, Central Africa, through its Secretary of State at Brussels, is in correspondence with C. C. Carter, of Riverside, relative to a plan for settling several colonies of negro farmers from the United States in some of the favored districts of the Congo territory. The idea of the authorities of the free State is to procure men whose ancestors, having come from Africa, will be better fitted than white men to cope with the climate. The letters from Carter as received state that tobacco culture is to be made an important industry in the free States and the first attention will be paid to negro immigrants who have learned the culture in the Southern States. 81X LIVES WERE LOST. A Mississippi River Steamer Sunk in Fourteen Foot Water. Memphis, Tenn., July 6.—Six lives were lost by the sinking of the Memphis and Ash Port Packet Lady Lee last night, at the head of Island Forty, four teen miles above this city. The missing •are: Harry Robinson, the boat’s baker, and Peter Wilson, the barber, both of Mem phis, together with a negro roustabout named Ady, also of Memphis, and three colored deck passengers, Mary Winder and Mamie Stewart, of Deans Island, and a preacher, name unknown, who belong ed to Osceola, Ark. The boat had made a landing and was backing out when she struck a hidden obstruction and sank almost immediately in fourteen feet of water. In sinking she careened to starboard side and a number of persons jumped overboard, all of whom were rescued except the six mentioned. The boat is breaking in two and will be a total loss. BASEBALL YESTERDAY. At Cincinnati: Cincinnati, 53030320 x—l 6 Brooklyn, 0 0 4 0 2 3 4 2 1-15 Batteries: Foreman, Phillips and Murphy; Gumbert, Stein and Grim. Base hits: Cincinnati 20; Brooklyn 17; Errors: Cincinnati 6; Brooklyn 3. At Cleveland: Cleveland, 20000010 o—3 Philadelphia, 00001001 3—5 Batteries: Knell and Donovan; Taylor and Buckley. Base hits: Cleveland 5; Philadelphia 9. Errors: Cleveland 2; Philadelphia 4. At Pittsburg: Pittsburg, 1 0 0 0 0 0 0 0 I—2 Boston, 10 11 10 0 0 I—s Batteries: Hawley and Merritt; Nich ols and Ryan. Base hits: Pittsburg 5; Boston 3. Errors: Pittsburg 9; Boston 0. At Chicago: Chicago, 00000000 o—o New York, 20200040 o—B Batteries: Hutchison and Kittredge; Rusie and Wilson. Base hits: Chicago 4; New York 3. Errors: Chicago 11; New York 2. At Louisville—No game, owing to Washington’s failure to arrive on time. At Bt. Louis—No ball game, wet grounds. At Baltimore—Game postponed, wet grounds. The Farrall Murder Trial. Baltimore, Md., July 6. —ln the trial to-day at La Plata, Maryland of Mrs. Belle Farrall, for the murder of her hus band, the testimony was in the main to show existing bet ween Mrs. Farrall and Eugene Hall. Judge Brisco issued an order to day for she arrest of Hall and his production in court. Negotiations for the purchase in Eng land of ships for the purpose of patroll ing the coast of Cuba, to preve it fili busters landing, have been concluded.