The New* and Observe** VOL. XXXYIII. NO. 134. SHEMWELL S STORY . THE SLAYER OF OR. PAYNE TESTIFIES IN HIS OWN BEHALF. HIS STORY REMAINED UNSHAKEN. Sherawell’s Appearance on the Stand is Much in his Favor— Testimony ol !Urs. Adderton, Sister-in-law ol the Late Dr. Payne—W hat Young Dr. Payne Told Adams— Countryman Teague Testifies—Shemwell’B Own Evidence was the Feuture ol the Day’s Proceedings. Special to the News ami Observer. Lexington, N. C., June 8. Mrs. Adderton, sister in law of Dr. Payne, deceased, and Baxter Shemwell were both put on the stand to day. Mrs. Adderton is an elderly lady, rather port ly, of dark complexieu, quiet gray eyes, silver hair, clear, composed voice and kindly presence. She was altogether calm during her testimony, leaving rather an impression of suppressed lament over the whole affair than of any bitterness to ward anybody. She lives on the same side a little up the street from the Paynes, in sight of their home. “After the first shooting,” said Mrs. Adderton, I saw Mr. Shemwell running across the street. At Dr. Payne’s office I saw hisson, Dr. Lee Payne, haveagim. Some little time afterward I was goiDg down to spend the day with my sister, Mrs. Dr. Payne, and as I was opening the door Mrs. Shemwell raised her hand and I went to her, and I took hold of the end of the lapel of Mr. Shemwell* coat and I insisted on his coming in. I said, ‘Mr. Shemwell come in the house, you seem to be in a rage.’ I said, ‘Think of your wife and child and many friends in the place.’ All the time he said, ‘Much obliged to you, Mrs. Adderton, 'bet i in tend to kill both the Paynes this day.’ I was inside my fence. Mr. Shemwell’a wife was doing her best to get him back up the street, but he kept looking in tently at the office.” Under cross-examinsriion by Batson, Mrs. Adderton said her cook was stand ing by her in the yard holding on to her dress and a man who was clearing the yard was leaning against the tree. Mr. Wbeeter. ferotherIL JEnn>WirTLlss a large tree in his yard; din not see old Dr° Payne have a pistol; saw top of Dr Payne’s head behind his gate-post and gun barrel pointing at Shemwell, who was running from tree to tree across the street and calling for a guu. Under Long’s cross examination Smith said Dr. Payne’s tone when he called Shemwell was kindly. They appear d to be talking in a friendly way for five or six seconds before the striking. Insurance Agent Adams as a Witness. Mr. S. L. {Adams, insurance agent of Alamance, was called; he was in to see young Dr. Payne nearly two months after the killing and said that Dr. Payne said he was certainly going to hang Shemwell; said „.fce spoke of Dr. Buc hanan’s unprofessional .conduct and said he was either an infamous or contempti ble scoundrel; that Shemwell’s own kins people were coming to him with evidence against Shemwell; said he was not sleep ing much at nights, but was preparing the ease against Shemwell. Under cross-examination by Mont gomery, Adams said that Payne had said that this man had murdered his father, that Shemwell or Broderick had tried to displace his father as medical examiner. Adams had told Rev. T. A. Boone, a minister here, and an oki friend. Adams said he and the preacher were discussing the passage of Scripture, “Vengeance is mine, sayeth the Lord,” and had said to Boone that he was surprised that there should be such bitterness. ShemwcK on the Stand. Baxter Shamwell, age 37, came to the stand at 12:30. In the story of Shem well the important parts touching the two difficulties is as follows: That in the first difficulty he was called, on his way to business, by old Dr. Payne from his house, and waited for him at the gate. Old Dr. Pay no said he understood he had drawn a pistol on his son. Shem well replied that Payne had slapped his hand on feis pistol-pocket, and that he had done what he did simply to protect himself, and that it was settled. Then old Dr. Payne asked was he not armed now. He looked at him in amaxement, when Dr. Payne caught hold of his eoat say ing, *•l can whip you myself, sir.” Then he threw up to me,” said Shemwell, “about practicing free for my mother, and several things passed. I told him I wanted them to let me and my business alone. That they had continually bothered my brother in law wad rained his bus:ness by circulating reports that he kerr old medicines and substituted prescriptions. He immediately shook his fist if my face and said, ‘You area liar. ’ I had a cologne bottle in ,-uy hand., wrapped up in a paper. I immediately reached over and struck him in the faee. He immediately reached in his pocket, pulled out his pistol -and snapped. I reached for mine, ftLd akout the same time Mr. lied wine came up and caught hold of me. I saw Doc .or Lee Payne coining out with his pistol. This was about the